andrews against blunt rot a bargain and sell a manor with a advowson appendant  to b in fee habendum to the use of b and his heir accord to a indenture and it  be covenant to suffer a recovery to the use of the indenture render rend to a  and his heir and for further security that a and b shall levy a fine stir gq  ant to b with render of the rend to a proviso that b shall grant by deed the  advowson to for life with further covenant that all future estate shall be to  those use the recovery be suffer and a fine levy which vary from the covenant  but holder that the proviso here be a good condition that the fine  notwithstanding the variance do not extinguish the condition that unless  hasten by request b have his whole life to make this grant in but by his death  without make it the condition be break a man seize of a manor to which the  advowson be appendant in tail bargain and sell and give and grant by indenture  for two hundred pound and twenty mark to one the manor with the advowson S to  have to he his heir and assign to their own use in such manner and form as  afterward in the indenture be mention and covenant further to super a common  recovery with the common voucher to he have against he by two stranger who  shall stand seize to the use of the say vendee and his heir render and pay to  the vendor and his heir a annual rend and for nonpayment c a sum of money  bromine pounce and also liberty to distrain so often booty c and for further  security of the land to the vendee and his heir and of the rend to the vendor  and his heir it be covenant and conclude that the vendor shall levy a fine to  the vendee of the land with proclamation and that he shall regrant and render  to the conusor and his heir the say rend with the nomin peence and clause of  distress as above provide always that the vendee shall grant by his sufficient  deed to the vendor the say advowson for the term of his life c and further it  be agree covenant grant and condescend that all estate and conveyance make and  thereafter to be make shall be to the use and intent comprise in the say  indenture and to no other use or intent and a recovery be suffer accord and  also a fine be levy between a stranger plaintiff and the vendor and vendee  deforciants and vary from the covenant in certain dyer b er p other point by  which they acknowledge the right c come Ceo c to the plaintiff and he grant  and render a rend as above to the vendor in tail the remainder over in fee to  a stranger dyer and the manor and advowson he grant and render to the vendee I  and to his heir so the fine of the rend be contrary to the covenant above and  afterward the vendee without make any deed of grant of the advowson to the  vendor accord to the proviso above die seize now whether the use by this be  alter and revested in the vendor again quaere in quaere hinder for the church  of Alaxton in the county of Leicester the question S whether the pTOViSO place  in the indenture between two clause or article of covenant grant and agreement  be a condition penal to defeat the whole bargain and sale or be only a  covenant or note also whether it be a condition where the vendor ought to make  request to the vendee to have it perform and what time he have to perform it  also admit that it be a condition then whether it be release or extinguish by  the fine above which vary from the covenant above or not and mich of the now  queen the case be argue at the bench and by all the judge it be agree that the  proviso above make a good and peremptory condition for the entire bargain and  purchase in whatever part of the deed it be place notwithstanding the opinion  of brook title covenant if the entire sentence begin with proviso and be speak  by the feoff vendor or lessor and the act to be perform or not perform  affirmative or negative by the feoff vendee or lessee c and for the time that  the vendee have to make the grant it be hold by three that he shall have all  his life to make it in if no request or notice of the will of the vendor be  make in the mean time for then immediate he be bind to do it but at one time  or other in his life it ought to be do so baby his death the condition be  break and so it will be if it have teen a feoff in fee to reinfeoff the feoff  who die first c lib Assis in the last case c and three judge hold that the  condition be not extinguish by the fine notwithstanding the variance of the  fine from the covenant in diverse point and this by the last general covenant  that all estate c accord to the case of Puttenham in the court of ware ante a  pl but dyer hold the contrary for he say that the condition above be break by  the not make of the deed of grant in due time S within six month which be a  reasonable time to do it in and this without notice or request co use pate and  it vary from a fooffment of land where livery of seize be requisite and then  the fine above be to the use of the vendee only absolute for by the breach of  the condition the advowson be make in gross and convey to the vendee by the  indenture itself by the word of gift and grant without any enrolment and not  by the recovery for the writ of entry in the post do not lie of a advowson the  advowson return and revested in the vendor immediate by the nonperformance of  the condition in due and reasonable time S within six month for the fine be  levy in Michaelmas term after the date of the indenture which be the lQth day  of February next precede and consequent the advowson pass by the fine to the  conusee discharge of the condition c and it be hold by all in effect that a  averment by write or indenture may be take to a use against a fine of grant  and render which in law imply a dyer consideration and use as a east Elizabeth  b r it be take that a common recovery may be of a advowson appendant to a  manor dyer a er p estate tail imply a use in the donee yet by a write it may  be aver to the use of the donor c and so in a gift by a woman to a man entail  or in fee render a rend by write the woman may aver it to be cause rnatrirnonH  prcelocuti naturan short catalog Fitzherbert c and afterward in the end of  mich term and of the now queen judgement be give quod Wrens will to take in  hand per breve c a trinity term queen Elizabeth entry in the cub against a and  b verdict that a seize but b not judgement shall be against a for the whole a  writ of entry in the qbibus in the nature of assize be bring against the  mother and the son within age the mother by attorney and the son by guardian  plead that they do not seize c and it be find that the mother seize the  demandant but the son do not seize and whether judgement shall be give of the  whole against the mother and the demandant in mercy for his false claim  against the son or only of the moiety quoere and it seem by the opinion of the  court that it shall be give of the whole and it be so do