a bind be give by the defendant to a young woman in the penalty of pound  recite that she have agree to marry he and condition that he will marry her  accord to the rite and ceremony of the church of England within a twelvemonth  or else pay the sum of pound the defendant not have marry her and have get the  bind out of her possession and destroy it she bring her bill which after her  death be revive by her Representative pray a satisfaction for the pound at the  hear the chief matter insist upon for the defendant be that the plaintiff in  her bill have not aver that she herself be ready and Willing to have marry the  defendant that the marriage be not in his power alone but her consent be  necessary and that equity case abridge wherever the Act of the obligee be  necessary to the performance of the condition a readiness on his side must be  show but cur hold the bill be sufficient without such averment and that the  case must be consider as if a action at law have be bring upon this bind now  at law the plaintiff need not have aver that she be ready and Willing but it  will be incumbent on the defendant to show the contrary as a excuse for his  nonperformance videlicet that he be ready and offer and request her but she  refuse for he must not only have show a readiness on his part but a refusal on  she beside in all case of contract the nature of the thing be to be consider  and from the modesty of the woman sex the law presume that the request be to  arise on the part of the man unless the agreement be to the contrary accord  decree the pound to the Representative with cost and interest from the time of  fill the original bill hill Atkins and far vin Abr pl atk Rep pl vide Eq can  Abr can a deed Poll execute in secret by the son to the father on the same  morning of his execute his marriage settlement set aside vide bunb vide title  agreement Ea can Abr p baron and feme Eq can Abr p bind Eq can Abr p  settlement Eq can Abr p master OF a ship vide title ship Eq can Abr p cap LXIV  master and servant