Bainton versus BOBBET in a action of covenant bring in this manner videlicet  by Henry Bainton and the lady whether his wife the lady Elizabeth Wilmot and  the lady mallet Wilmot against Robert Bobbet the plaintiff declare that while  the lady Aline be sole by a certain write bear date the that day of march in  the year of our Lord seal by the say Robert and produce in court it be agree  by the say Robert for and on the behalf of the say whether Elizabeth and  mallet daughter and coheir of the right honourable John late earl of Rochester  for the passage of all boat and other advantage of navigation upon the river  make navigable by John mallet Esq decease grandfather of the right honourable  Elizabeth late countess of Rochester from the bridge of Bridgwater to a  certain place upon the river aforesaid call ham mill the benefit of which  river aforesaid be grant to the say whether Elizabeth and mallet by the letter  patent of the late king bear date the last year of his reign with power to  chain up a bridge make by the say John mallet near the place in the say river  call Knapps bridge or any other place of the river aforesaid grant to the say  lady as aforesaid with power also to sue or implead Ventris er p in the name  of the say lady any person pass with boat upon the say river without the  licence of the say Robert first have and obtain he take for every boat that  shall pass below the say Knapps bridge one shilling to have and to hold the  benefit of the passage aforesaid to he his executor and assign from the that  of march next after the date of the say write for three year yield and pay for  the same yearly during the term to the say whether Elizabeth and mallet Wilmot  the rend of at Michaelmas and our ladyday by equal portion Ventris the  plaintiff further say that although he the say Robert have occupy and enjoy  the passage and premise aforesaid the say Robert do not pay to the say whether  Elizabeth and mallet while the say whether be sole nor to the say Henry  whether Elizabeth and mallet after the marriage of the say whether or to any  of they the say rend of or any part thereof and so the say Robert do not  perform his covenant but break the same ad financial loss c the defendant  plead protestand that there be no such grant make by the king and protestand  that the say river be not make navigable by the say John mallet pro plea that  the say river from the say place call BridgewaterBridge to the say place call  Hain mill suppose and pretend to have be make navigable as aforesaid be and  for time out of mind have be a ancient and navigable river free and common for  all the king subject to pass with boat and further say that the aforesaid  whether Elizabeth and mallet Wilmot at the time of the make of the say write  or at any other time have nothing of passage of toll in the river aforesaid  whereof they can make any demise or grant to the say Robert per quod the say  Robert can not have take or receive the advantage and profit aforesaid accord  to the purport of the say write but be whole deprive thereof during all the  time aforesaid hoc a preparation be verify and so demand judgement si action  to this the plaintiff demurrer for that the plea be double and that no  traverse be to the enjoyment which be the cause special assign for demurrer  pollexfen chief justice Powell and Rokeby hold the plea to be double Ventris  contra for it be all but one matter for if the river be free for all the king  subject to pass then the plaintiff can have no toll or make any obstruction  thereupon so that one matter depend upon the other and in such case a plea  shall not be say to be double calf and Nevil Poph in a to know facias against  the bail the defendant plead that the principal render himself to prison  before the to know facias and die in prison either of these matter will have  serve and yet the plea not hold double but all the court resolve that the plea  be insufficient to bar the plaintiff first because it be set forth in the  declaration that the defendant have enjoy the passage and profit grant and  then the rend must be pay so long if a eviction be plead in bar to rend it  must be rend grow due after the eviction h if a seize let we render rend and  the disseizee enter after the rentday yet a action of debt lie for the rend  accrue before therefore the defendant shall have traverse the enjoyment  Ventris again this be not a rend for it be reserve out of a thing incorporeal  and a express covenant to pay it the mayor and Commonally of London against  Hatton sty upon a lease of the garblers office a covenant be bring for the  rend and plead that it can not be let but it do not appear by the book that  judgement be give Vid Newton and week Aleyns Rep one recite that he be seize  of such land grant a rend out of it and covenant to pay the rend he can not  plead to his covenant that he have nothing in the land judgement pro quer