cccii scot and scot case the case of scot and scot in a replevin the which see  mich Elizabeth Leon part be argue again by Egerton solicitor general and he  say in some case this word proviso be not a condition but only a explanation  of the sentence precedent if it be in the negative and make restraint of the  commonlaw then it be a condition as a lease for year proviso that he shall not  alien or no waste and if the proviso be in the affirmative and by that the  party be bind to do a thing which of common right he be not bind to do it be a  condition a lease for year or for life proviso that he shall pay such a sum  lessee for year proviso that the lessee shall pay his rend general without  limitation of any day it be on condition and he hold by way of argument in the  principal case that beneficiary and use shall take advantage of condition  which be knit to estate as for payment of refit but not concern collateral  thing and such exposition of the statute of h have be make there before and  admit it be a condition yet the lessor can reenter for the rend be not well  demand for rend be reserve yearly Payable at four feast and here the lessor  have demand sure the rend of two several quarter whereas only rend be  demandable in point of the condition cook conceive that it be a condition but  every proviso do not make a condition the lessor covenant that the lessee  shall take sufficient wood proviso that he shall not take great timber that  proviso do not make the covenant conditional but only explain the same a lease  without impeachment of waste proviso that the lessee shall not do voluntary  waste be not any proviso but a restraint of the liberty give before and do but  qualify the liberty as Littleton case grant of a rentcharge proviso that it  shall not extend to charge the person of the grantor that proviso do not make  the grant conditional so that if the grantee bring a writ of annuity against  the grantor the grant be determine c a lease for year proviso that if the  lessee shall be dispose to alien that the lessor shall have the first offer c  the same be not a condition which see by Fitzherbert and Baldwin h dyer a  lease for year upon condition that if the lessee will hold over his term that  then be shall pay so much rend the same be no condition for it be at the  pleasure of the lessee c and it be not compulsory a feoff in fee with warranty  proviso that the feoff shall not vouch the same do not make the warranty  conditional but only abridge the warranty sir Richard Pecksall lease certain  land for year and covenant that Leonard the lessee shall take at his pleasure  the tree there grow proviso that he shall not take tree of such a bigness it  be hold in that case to be no condition so in the covenant for further  assurance proviso that the bargainor shall not be come Leonard er p pelled to  travail for the make of the assurance above be mile c but admit that it be a  condition yet the lessor upon the matter can take advantage of it for he have  not demean himself in the demand of the rend as he ought for be have demand  rend due to he at several quarter and that he can demand in point of  forfeiture for then the lessor may leave his rend in the hand of the lessee  until it amount to a great sum of or l and then upon a sudden demand of the  rend when the lessee be not so well furnish nor can be at so short warning to  pay the same and it may be liken to the case in h a grant to b be load of hay  percipiend annuatin out of his meadow in c for year there the grantee can stay  and take all his bay and the arrear of it in the late year but he ought to  take his bay every year accord to his grant causan how above and although the  lessor here have demand more rend than he ought yet the law shall construe the  demand good for so much of the rend which by the law be demandable in point of  forfeiture as where a man be bind to perform the award of such a one who award  that he and another shall be bind to another party for the payment of c  although that the same award be void as to the stranger yet it be good as to  the party himself and he ought to be bind by it dr Mollins case a lease for  year render rend to be pay at two day in the year proviso that if the say  lessee do not pay the say yearly rend that then a reentry that rend be not  demandable upon pain of forfeiture but the last day of every year only and not  every year accord to the reservation of it the word of our condition be  provide that if the lessee do grant his term to his old son that be shall pay  but so much rend the same without doubt be not any condition yet he shall pay  so much rend do amount to so much note in the argument of this this case be  put a be bind to make such a assurance to b of such land as c shall devise c  devise that a and his wife shall make such assurance a be bind upon the peril  of his obligation to do it see as to this point of the proviso Elizabeth dyer  the archbishop of York case it be adjourn cro Len Len