clxxxvi Littleton and pernes case debt Littleton bring debt upon a obligation  against Burgundy pernes who plead that the say obligation be endorse with this  condition for the performance of certain article and covenant contain in  certain indenture by which indenture the plaintiff first covenant that Edward  brother of Burgundy shall enjoy such land until the Feast of Michaelmas next  follow render such rend at the end of the say term and the say Burgundy  covenant that the say Edward at the feast aforesaid shall surrender quiet and  peaceable the say land to the plaintiff and that the say plaintiff to such of  the say land as by the custom of the country tunc jaceba frisca shall have in  the mean time free ingress egress c at his will and pleasure with his servant  plough c and as to that covenant the defendant plead quod to let pass to  express grief to have intrationem exit c in tale land wicker basket tunc  jaceba secundum experience native land c and exception be take to this plea  because he have not show in certain which land they be which then do lie frecy  accord to the custom of the country which Anderson allow of but walmsly strong  insist to the contrary and he confess that where a act be to be do accord to a  covenant be who plead the performance of it ought to plead it special but as  our case be here be no act to be do but a permittance as abovesaid and it be  in the negative not a disturbance in which case to let pass be a good plea and  then it shall come on the other side on the plaintiff part to show in what  land the defendant non to let pass which difference see agree e by the whole  court and such be the opinion of the whole court in the principal case another  exception be take to it that the defendant have covenant that his brother  Edward shall pay to the plaintiff the say rend to which the defendant plead  that his say brother have pay to the plaintiff before the say Feast of  Michaelmas in full satisfaction of the say rend three shilling and that be  hold a good plea and upon the matter the covenant well perform for there be  not any rend in this case for here be not any lease and therefore not any rend  for if a covenant with b that c shall have his land for so many year render  such a rend here be not any lease and therefore neither rend but if a have  covenant with c himself it have be otherwise because it be betwixt the same  party and if the lessee covenant to pay his rend to the lessor and he pay it  before the day the same be not any performance of the covenant causan to stand  open contrary of a sum in gross another covenant be that the say Burgundy to  loosen ex part speech eduvardi to which the defendant plead that he have pay  ex part speech Humfridi and that defect be hold incurable and therefore the  plaintiff have judgement to a recover   roll cro Owen Leonard er p mich  Elizabeth in the common plead