coke b lamb case Trin Elizabeth rot in the common plea the condition of the  bind be to give such release as by the judge of the court shall be think meet  it lie on the obligor to procure the judge to devise and direct it if a man be  bind to make a sure and sufficient estate by the advice of I d if he make a  estate accord to the devise of I d be it sufficient or not lawful or not  lawful the bind be save SC Cro Elizabeth vide the entry   Ent pl cro Elizabeth  more coke report a er p in debt on a bind by lamb executor of d against  Brownwent with a condition that if the defendant shall in the term of saint  Michael next in the prerogative court of the archbishop of Canterbury give  unto the say d his executor or assign such sufficient release and discharge c  as by the judge of the say court shall be think meet that then c the defendant  show that dr lewyn be judge of the court quod idem judge nec devisavit nec  appunctuavit aliquan relaxationem seu exonerationem c secundum form c upon  which the plaintiff do demurrer in law and it be adjudge for the plaintiff for  inasmuch as the judge be Mod Rep Bulst roll   a roll Rep   light a Mod Lutw a  a stranger to the condition and the condition be for the benefit of I the  obligor and the performance thereof shall save his bind he have take upon he  to perform it at his peril and therefore he ought not only to have do the  Jones cart vent roll b first act but ought also to have procure the judge to  have devise and direct it otherwise it be if the obligee himself or his  counsel shall devise vide Br covenant   light a h b a Fitzherbert bar  Br Condition   b roll Rep Bulst c h b adjudge accord   b d h b e bar b e e e b  e b h c vide Perk sect Fitzherbert debt e e b it be say if a man be bind to  make to a man a sure sufficient and lawful estate in certain land by the  advice of I d if he make a estate to he accord to the devise of I d be it  sufficient or not lawful or not lawful yet his bind be save Acc Studholme v  Mandell l raym touch Com dig Cond h a