case clerk against Hoskins on a covenant not to procure letter patent if the  defendant plead that he do not procure they and the plaintiff assign for  breach that he do procure they the replication must conclude to the country  ray Yelv cro James and Carth sand Lutw stram burr Com dig pleader e burr Cowp  dougl notorious facts ld ray burr burr term Rep debt upon a bind for the  performance of covenant in certain article of agreement in which it be recite  whereas the now defendant have find out a mystery in colour stuff and have  enter into a partnership with the plaintiff for the term of seven year he do  thereupon covenant with he that he will not procure any person to obtain  letter patent within that term to exercise that mystery alone the defendant  plead that he do not procure any person to obtain letter patent c modern the  plaintiff reply and assign for breach that the defendant do within that term  procure letter patent for another person to use this mystery alone for a  certain time et hoc petit quod to seek after per native land and a demurrer to  the replication these exception be take first that the plaintiff have not set  forth what term be contain in the letter patent second that he have plead both  record and fact together for the procure be the fact and the letter patent be  the record and then he ought not to have conclude to the country prout to  stand open per record to which it be answer that the plaintiff be a stranger  to the term contain in the letter patent and therefore can not possible show  it but if he have assign a full breach it be well enough then as to the other  exception videlicet the plead of the letter patent here be not matter of  record here be a plain negative and affirmative upon which the issue be join  and therefore ought to conclude et hoc petit c curian there be a covenant that  the defendant shall not procure letter patent to hinder the plaintiff within  the seven year of the partnership now this must be the matter upon which the  breach arise and not the letter patent so that it have be very improper to  conclude prout to stand open per record judgement for the plaintiff modern er  p