case in chancery sir Francis hill against sir robert car November sir Robert  car covenant with sir Francis to secure pound to sir Francis in consideration  of marry his sister much debate be former whether it be a covenant and so  oblige to sir Robert or no and judge assist there be a difference in opinion  in the point that it be a covenant for where ever the intent case in chancery  er p of the party can be collect out of a deed for the not do or do a thing a  covenant will lie and the chancellor declare his opinion to be so and a  covenant will lie on a bind for it prove a agreement and for further security  a fine of certain manor to be levy by sir Robert and a decree be pronounce  accord but on rehear it be question whether the decree shall be for the fine  to be levy present or till the account between sir Robert and the plaintiff  settle for sir Francis have receive some money and it be press by the  defendant counsel that until the account pass the duty be uncertain dly that  sir Robert by levy a fine tenant in tail shall subject his estate to other  judgement and statute it be answer security ought to precede payment and if he  be subject to other statute they be his own debt and his Act ought not to  prejudice sir Francis who be entitle to have a fine by sir Robert his own  covenant and there be no reason the court shall hazard the plaintiff debt lest  sir Robert shall be make subject to other debt but the Lord chancellor declare  as he after decree for the reason ut above that the fine shall be respite till  the account settle it be object that sir Robert be tenant in tail if he shall  die before the account settle the issue in tail will not be bind by the decree  but the Lord chancellor answer that the covenant be to levy a fine upon  valuable consideration and a decree in pursuance thereof the decree will bind  the issue see the father of sir Robert have power by fine to bar the issue  case in chancery and another matter be the defendant be leave to his remedy at  law on the land by way of covenant to recover such damage only as he have  sustain by not settle the jointure on his wife though he be now dead and we  object that this bind be for the wife be advantage in trust for her