cccxxxi thomas and ware case ejection firm in ejection strong by Thomas  against ware upon a lease make to he of the manor of Middleton Cheney by one  chamber the defendant plead that long time before the lessor of the plaintiff  have anything the bishop of Rochester be seize and lease the same to the  defendant the plaintiff by replication say that the say lease be upon  condition videlicet the lessee by the indenture of the say lease do covenant  that he will not put out or disturb any of the tenant inhabit within the say  manor out of their tenancies do their duty accord to the custom of the say  manor and show that the defendant have put out one Ann green a tenant dwell  there upon a tenement parcel of the say manor late in the possession and  occupation of the say Ann and that the bishop have reenter for the condition  so break and make a lease to the lessor of the plaintiff upon which  replication the defendant have demurrer in law Leonard Tanfeild argue for the  defendant that the bishop have no cause to reenter for there be not any  condition in the case but only a covenant for it come in only on the part of  the lessee and they be word of covenant only whereas every condition ought to  be the word of the lessor and the bishop have sufficient remedy by action of  covenant but if the word have be indifferent and absolute without depend on  the lessor or lessee then it have be otherwise as e dyer non to be for sale to  the lessee dare to go away well to sell position well boundary without the  licence of the lessor under pain of forfeiture the same be a good condition  but here it be mere a covenant and it can be both Haughton although the word  sound in covenant and be the word of the lessee yet the lease be make by  indenture the same be the deed of both and every word in it be speak by both  party and although that be may have a action of covenant yet he can thereby  overthrow the lease as by entry by condition break and yet by the word it seem  the meaning of the indenture be that by the breach of this covenant the estate  shall be defeat for so be the word sub penalty forisfactur and here by way of  action he can have the benefit of the whole covenant and Leonard er p  therefore he shall have it by way of condition and see the case betwixt  Browning and beston blow if it happen the rend to he behind that then the  lessee covenant that although the rend be not demand that the say lease shall  be utter extinct void and of no effect and Elizabeth there be a case betwixt  hill and Lockham where by the indenture of lease the lessee covenant to grind  all his corn at the mill of the lessor and afterward in the end of the say  indenture the lessee covenant to perform all the covenant sub penalty  sorisfactor and by the opinion of the whole court the same be a condition and  see h wherein a obligation where a be bind to b the condition be write in this  manner predict b vult to go away that if the say a do stand to the arbitrament  of such a one that then c the same be a good condition although they be the  word of the obligee and the deed of the obligor and so here be a good  condition and such be the opinion of Wray and gawdy and Fenner do not  contradict it wherefore Tanfeild say admit here it be a condition yet here be  not any breach of it sufficient set forth for the breach be assign because he  have put out a woman One to hold inhabitant out of certain land parcel of the  say manor late in the possession and occupation of the say woman and that may  be that she be but tenant at will and the covenant do refer only to copyholder  and it may be also that she have seize one of the tenant of the manor in which  case the put out of such a tenant be in by wrong be no breach of condition  also it be not aver in facto that Ann be tenant of any part of the manor also  the replication be that the say defendant have oust the say Ann where she have  do her duty fecit debt is owed suum before the ouster and that may be that she  have do her duty once but not after and therefore he ought to have say that  she have do her duty always before her put out and this word duly be single be  too general for it may be understand of courtesy where the word in the  indenture be do their duty accord to the custom of the manor and also it may  be that Ann green be tenant and inhabitant but be not put out of the land  which be parcel of the manor and Wray say that these exception be incurable  and therefore judgement be give against the plaintiff cro Leonard mich  Elizabeth rot in the king bench