CAVENHURST against CAVENHURST covenant I Brownl pl Godbolt pl more pl Noy Br  Cr Hetly sen Brownl pl in debt upon a bind for performance of covenant that  the grantee of part of a term shall quiet enjoy the grantor die and this  action be bring against the executor bigland move in arrest of judgement that  this grant be of so much of the term as shall be unexpired at his death which  as rector of Ohedingtons case and Gravenors case die be utter void and so the  covenant which depend thereon be also void as Yelvert suffrain and Scarrads  case and so of a warranty annex to a void feoff and here both the bind and  covenant wait on the interest as obligation Br Jones for the plaintiff agree  the assignment of the term void but this be a covenant by itself and that  breach assign in enter on the grantee by the executor of the grantor and the  difference Windham be where a deed be void in the fabric there the covenant on  it be void as when a freehold be to commence in going to be and where there be  only want of interest in the party grantor but that deed be good which the  court agree and by Twisden a warranty must have a estate contra of a covenant  that may be alone the condition of the bind be to keep and perform all  covenant general which be void the bind be single by Jones and by foster if  there have be no such indenture yet the bind have be good single wherever way  data the verdict be against the executor whether Keble the covenant be good or  void the plaintiff have show title he shall have judgement Owen judgement nisi  pl suggestion declaration of a long time as year since and not file can be  enter without motion to the court Cr pl lindly move to quash the indictment  for want ad tunc to step out book property be only that he enter super  possession c also per curian it ought to have allege a forcible entry and not  only a forcible detainer dr WITHRINGTONS case ante I Brant pl Allen against  the return that its insufficient in that its say the master and fellow become  bind to W in a bind not to renew a lease and that afterward at the defendant  request assert he have obtain a release of the obligee they do renew and the  defendant be present whereas either he have not obtain any or refuse to  deliver it upon request by reason whereof the master and scholar improbe take  in a snare to be per finch England trapand but the court have order the word  to be amend but this be no certain allegation and if it be it be but that he  say so which be no cause to turn he out unless he some way convert it to his  own use nor be the college real prejudice but only in particular and it be in  the time of a predecessor master its say that h give a pension to the college  for a Keble er p preacher and that dr W be appoint to that office but that he  do not preach any of the sermon but that he fraudulent do make default and  agree with the heir to take the pension in his own name which be when the  doctor that have it be sequester and allow it by dr W the thing admit be not  any offence to the college because they have no inheritance in it nor can  default of preach be any cause to lose his office and it be only say legitime  autorisatus and do not show how and the pension be to cease by not preach and  so can not be purchase its say he exact of one m for one quarter more than the  commons do amount to and diverse sum of money of other procure false bill to  be make by the Keble manciple which begin and its not say that he know that  they be false and exact be but a demand unless it appear it be pay for these  cause he be expel and its say be herewith charge he go away and be lawful  summon and require to answer refuse and run away from the examination of the  master and college and affirm he will not submit but obstinate and final  persevere wherefore they remove he but the statute which give this liberty if  for the honour or profit of the college do yet suppose they must show certain  how it be to the dishonour of the college as to the appeal which be only to be  for sale ei appellate and do not conclude he from any other way another  statute appoint other person to expound doubt but not to judge of offence for  they have no authority to restore and also that cause relate not to all their  cause but only to such crime inter marjoram that be grievous but in this crime  the statute be express and the clause of appeal relate not to this Maynard the  king sergeant for the college the return be say ad damnum as well as periculum  but he insist on the last exception that he make default upon the summons and  the appeal and that such writ have not be heretofore bring therefore they lie  not as Litt upon the stat of disparagement many thing may be fit to be punish  in university which be not fit to be examine here and the consequence hereof  will make this court visitor of all college Elizabeth give away for correction  of charitable use and after appeal to the chancellor there be no other remedy  so here the appeal of college be natural to the ordinary and better there  shall be no remedy for such injury as denial of legacy or for call woman whore  c then let in great inconvenience which will necessary follow Bourman of the  temple be deny a writ to be restore to a inn of court there be none to who  such writ can be direct therein be a voluntary society and so he conceive here  finch to the same intent conceive that peradventure if they can have no other  remedy on appeal they may come hither but as dr James Hub not per narrow  passage come hither first but must observe all the degree of appeal herns case  which be the first mandamus be grant be only because there be a failer of  justice the archbishop be their visitor but here it be not so and there Glyn  grant it only because he find it the writ be misrecited Baldwin to the same  intent there be a local visitor and therefore this court can have conusans and  the to be for sale to drive to be that he be not force to appeal but if he do  he must appeal to such person as Keble appoint by the statute though at the  darrein resort they may have come hither p Jones against Wilmot error to  reverse a judgement upon Edward which by h be direct to be bring in the march  and by role shall not be bring here first Edward error f per narrow passage  but by foster and Witherington for the dr the court have admit the writ  already Windham conceive the pinch of the case to be whither any appeal lie  hither at all per narrow passage or gradus where there be local visitor or  eleemosynary gift to a spiritual end Linwood de relic dom bishop and he  conceive to be for sale as Baldwin say and in this case he may have appeal if  there have be local visitor to the ordinary and assize and Edward be both  against the defendant be upon a deprivation and thus cony case in dyer a  assize doubtless will lie for the master of a college but not upon a  deprivation hunt case he be deprive can not be here restore   Kens case this  court be not able to judge of the particular law otherways then by the law of  the land he conceive the writ grantable because it be not certain what it be  before the return and Twisden to the same intent James dr Lewis case he be  choose master of oriel by one number b by another l appeal to the bishop of l  be local visitor and be confirm the archbishop to who b appeal con Keble er p  firm he and l appeal to the king in chancery wherein it be resolve that the  appeal to the archbishop and the king be both void and the local visitor  confirmation of dr Lewis good Adjornatur