Reports of that reverend and learned judge, Sir Humphry Winch Knight sometimes one of the judges of the Court of Common Pleas : containing many choice cases, and excellent matters touching declarations, pleadings, demurrers, judgements, and resolutions in points of law, in the foure last years of the raign of King James, faithfully translated out of an exact french copie, with two alphabetical, and necessary table, the one of the names of the cases, the other of the principal matters contained in this book.

Maps and Maps against Sir Isaac Sidley.

MApps and Mapps brought an action upon the case against Sir Isaac Sidley upon a promise; and shewed that one named Holdish was indebted to the Testator of the Plantiffs in 12. d. upon a bond which became due, and that the De∣fendant in consideration that the Plantiffs will forbear to prosecute a suit upon the

same obligation, he promised to pay that; and the Plantiffs shewed that they had forborn him till such a day &c. and upon non assumpsit pleaded it was found for the Plantiff, and now it was moved in arrest of judgement by Hitcham Serjeant of the King, that this declaration is not good, for this forbearance ought to be for ever, and not a temporary forbearance only, for the Defendant by his promise had made the debt his own, as if the assumpsit & promise had been to forbear to come to my house, this ought to be a perpetual forbearance; and here the assumpsion of the Defendant amounts to a release in law to the principal, and yet he agreed if this had been generally that he had forborn, and had not shewed he had forborn ill such a day, the declaration had been good: Hobert, if the promise had been to for∣bear till such a day, there he may sue the dettee if he do not pay it the day, and it was adjourned.