case hoe against happy marshal Hilary term Elizabeth roll a release of all  action duty and demand give to bail pen the action against the principal can  be plead in bar to a to know facias on the subsequent judgement ante SC   b    light gold more oh b Bulst hut Bac Abr I salk Lucas Cowp term Rep   cro James  to know facias upon a bail in this court by I S which be that if I S be  condemned here at the plaintiff suit that he shall pay the condemnation or  render his body to prison otherwise the defendant will pay it for he el croak  Elizabeth to go away qubd lunc to lift up de terris el property good el  catallis of the defendant in bar hereof the defendant plead a release of all  debt duty action and demand make after the reconusance and before the  judgement and thereupon the plaintiff demurred Athoe argue for the plaintiff  and Jermy for the defendant gawdy and Popham hold it not to he any bar for it  be neither a debt duty or demand at the time of the release make nor cause of  action nor any thing before the contingent perform for he be not bind in any  sum certain but it be a possibility to be a reconusance after judgement and  default make and then it hecomes certain by the judgement and therefore a  release before that time shall not discharge it and gawdy say if a man  covenant to do a thing before Michaelmas and before Michaelmas the covenantee  release to the covenantor all action this be not any release of the covenant  but if it he afterward break he may maintain his action as hall v Kirby dyer S  but if he release the covenant itself it be otherwise as Henry read case S  Popham there be a difference where it be a duty defeasable by act subsequent  and where it grow by a act subsequent in the first case it may be release for  it be in be before the act do but in the other case it be not in be and  therefore can be release if one covenant to feoff I before Michaelmas a  release of all action before Michaelmas be no bar to a action of covenant  bring after Michaelmas for there be not any cause of action at the time of the  release make but if a obligation he make for the performance of that covenant  a release of all action be a discharge of that obligation for it be a duty  defeasable if I also grant unto you that if b do such a act I will pay unto  you if you release unto I all action and afterward b perform the act the be  due and a action lie for it for it be not in be at the time of the release and  in Elizabeth it be adjudge where a lease be make to baron and feme for their  life the remainder to the survivor for year it be uncertain in who it shall  vest and be not yet in be and therefore the baron can either release grant or  surrender it but if he shall make a feoff that peradventure may destroy the  possibility and in the principal case in regard it be not any reconusance nor  any thing until a contingency which have not happen at the time of the release  it can therefore he release by the word demand which be the most eneral word  for it not be then in demand and Popham say that the opinion of the great part  of the justice of sergeantsinn where he be be accord wherefore c FennW and  Clench contra for it be a reconusance from the time of the bail enter although  it he not certain nor suable before the judgement but the judgement hein give  a d the defendant not render his body n or pay the debt it be a reconusance ab  beginning for so much debt against the bailor and this release I a good bar  now when a to know facias be sue for Clench say if a bailor he seize of land  at the time of the bail enter and after alien that land and afterward  judgement be give a d default make c that land which he have alien be subject  to this execution and Fenner say although this release at first be not a  discharge thereof yet now be reduce to a action it be croak Elizabeth a good  bar as in Littleton case where one have a judgement to recover l and release  to the defendant all action croak Elizabeth er p it be not any discharge of  the execution but if after this release a ear and day asseth so as he he put  to a scirefacias it be then a good bar wherefore c and afterward Clench ut  hear mutaq it belief and agree with Popham and gawdy whereupon repugnant  Fenner judgement be give for the plaintiff