I  shall  give  it  in  his  own  words.  "  There  are  four  cases  in  Tothill,  which  arose
previously  to  the  statute  of  frauds,  and  appear  to  be  applicable  to  the  point
under  consideration ;  for  Equity,  even  before  the  statute  of  frauds,  would  not
execute  a  mere  parol  agreement ;  not  in  part  performed.  In  the  first  case
(Williams  v.  Neville,  Tothill,  135,)  which  was  heard  in  the  38th  of  Eliz.,  relief
was  denied, '  because  it  was  but  a  preparation  for  an  action  upon  the  case.'  In
the  two  next  cases  (Feme  v.  Bullosfc,  Toth.  206,  238  ;  Clark  v.  Hackwell,  Ibid.)
which  came  on  in  the  9th  of  Jac.  I.,  parol  agreements  were  enforced,  apparently
on  account  of  the  payment  of  a  very  trifling  part  of  the  purchase-money ;  but
the  particular  circumstances  of  these  cases  do  not  appear.  The  last  case,  re-
ported in  Tothill  ^Miller  v.  Blandist,  Toth.  85,)  was  decided  in  the  30th  of  Jac.
