barker and FLETWELS case Barker of Ipswich bring a action of covenant against  the assignee of his lessee for year one Fletwell and set forth that whereas he  have make a lease for year reserve rend with reentry for nonpayment of the  rend and that the lessee do covenant to build a house upon the land within the  first ten year and that he assign over his term and he bring the action  against the assignee who plead that the lessor do enter and have the  possession for part of the nine year and if thereby the covenant be discharge  be the demurrer in law Godfrey who argue for the lessor say that by this entry  of the lessor the covenant be not suspend as e Br extinguishment the abbot of  d do rant to W S a corrodie videlicet so much bread c for the term of his life  fiaciend ankle the condition of a slave prout I n some use are to make the  grantee lease back again the corrodie unto the abbot for year render rend per  annum and he bring debt for the rentt and the abbot say that he do not the  service and the grantee say that he be not bind to do they for that by the  lease the corrodie be suspend and it be hold that it be not suspend Godfrey  hold the reason to he because that the service be a collateral thing and  therefore he say he ought to do it notwithstanding that the abbot have the  corrodie so in h Br condition where tenant in tail make a feoff in fee and  take back a estate in fee and afterward be bind in a statute merchant and then  make a feoff in fee upon condition and die his issue within age who enter for  the condition break he be remit notwithstanding that execution upon the  statute be sue against the father in his life so if lease he make of a manor  except herriots fine and amercement and that the lessee shall collect they  during the term Godbolt although that the lessor enter yet the lessee ought to  collect they during the term also he plead here that Barker do enter and that  generali plead be doubtful and the plea shall he take strict against he that  plead it and it may be that he enter by wrong and so it may be that he enter  by right videlicet for not payment of the rend as in truth his entry be and if  Barker do enter lawful then it be no suspension or extinguishment of the  covenant as r if lessee for life commit waste and afterward alien and the  lessor enter for the alienation yet after his entry he shall have a action of  waste against the lessee so h waste but with this difference if the lessor  enter wrongful there although waste he do before he shall not have waste to  punish it but otherwise if he enter for the forfeiture do by the tenant also  if the covenant be supended it be only for the time that the lessor have the  possession and the party have not answer for the time before or after as h if  one he bind to find a chaplain to say divine service within such a chapel and  the chapel fall down it be a good excuse for the time but if it he build again  he must find a chaplain there clarke contrary if lessee for year covenant to  repair the house I grant that the same shall charge his assignee but a  collateral thing as if the lessee covenant to pay such a sum in gross or to  feoff he of the manor of d the same shall not charge the assignee no more  shall a covenant to build a new house but here be be say that he have time to  build it both before and after the entry of the lessor Barker to that he  answer not so for if he once disturhed the covenant be destroy Godfrey this  case be this term in the common plea lessee for five year covenant to build a  mill within the term and because he have not do it the lessor bring a action  of covenant and the defendant plead that within the last three year the lessor  forcible hold he out c so as he can not build it and by the opinion of all the  justice he ought to plead that the lessor with force hold he out otherwise it  will he no plea cook as friend grievous vouch h title bar if one he bind to  feoff I of such land before Michaelmas there the obliger in debt bring upon  the bind plead that the obligee before the day have enter with force into the  land so as he can not feoff he and there it be hold that he ought to prove  that he be hold out by force gaudy in the principal case he ought to hhave  show that he will not Godbolt er p suffer he to build and the other justice  seem to he of the same opinion but yet they say that they will advice upon the  case