air against orme Surrey lease of land in b by the archbishop of York render  rend there proviso that during any vacancy of the see the rend shall be pay to  the chapter at in jure his the rend be in arrear during a vacancy the  archbishop successor bailiff reenter and distrain therein and avow damage  pheasant this entry be hold unlawful because saint this proviso be not a  condition a d rend can be pay to the chapter who have not the reversion d in  jure his be contrary to the king right to the temporalties seed vacant that  bailiff can reenter for a condition break without express authority that the  avowry do not show the distress to be subsequent to the reentry and so be bad  that quaere whether payment shall be make at b or at York that a whether a  demand shall have be make that qt if it be a condition will not the lease be  also facto determine by the breach of it a lease by indenture be make by one  lee late archbishop of York and confirm by the dean and chapter of land in  batter and this be a void proviso because the rend be not reserve to the dean  and chapter void also because it be contrary to the reservation void also  because the rend be to be pay accord to the rate of time which by law ought  not to be apportion for it be not due until the Feast c and this proviso be  not a condition but a limitation or demonstration and this proviso can take  the title to the rend from the queen in the time of the vacancy of the say  archbishopric Benloes fol cap a note Bendloe and Anderson agree with dyer but  more report this first point as determine the other way and in Dalisons report  of it page the court seem divide dyer a er p say and by the indenture a rend  of twentyfour pound fourteen shilling and threepence be reserve to he and his  successor to be pay at Battersey at the Feast of the annunciation of the bless  mary and saint Michael by equal portion provide always that in the time of the  vacancy of the archbishopric aforesaid the aforesaid rend for and accord to  the rate at the time of the vacancy shall be pay to the chapter of the  cathedral church of York as in their own right during every time of such  vacancy and afterward dyer the see become vacant on the that day of July in  the first year of the now queen by the deprivation of d heath for the refusal  of the oath of supremacy contain in the act of the first of the now queen and  remain vacant until the that day of February in the three year of the now  queen on which day the archbishop that now be be create and because the say  rend for half a year at Feast of the annunciation in the second year be not  pay to the chapter the archbishop that now be have reenter but the plead be  that Orme the defendant as the bailiff of the say archbishop upon the  possession of the say John will enter and he thereout expel and amoved as it  be lawful for he to do and this c and no demand or request of the rend by the  chapter be allege and the opinion of all the four justice upon long debate be  for the plaintiff and that the entry for the condition break be not lawful and  first by the opinion of Welsh brown and dyer the proviso place as above be not  a condition but a exception or save in the sentence of the reservation of the  rend and as a agreement or covenant for it be not annex to the estate nor to  the thing grant c but it be like the case of a warranty proviso that he will  not vouch h b pl and h a pl without impeachment of waste proviso that he shall  not commit waste wilful in the house c and Littleton sect in grant of a  rentcharge proviso that it shall not extend to charge the person c also there  be two subsequent impossibility that be to say one that the rend aforesaid can  not be pay because the chapter have not the reversion also as in their own  right be impossible for the queen only have a right to it the see be vacant  also a chapter by some be not capable of receive the rend because it be a body  politic and imperfect but all do not agree to this also whether payment ought  to be make to the chapter at Battersey or at York c and it seem that if it be  in the nature of rend then it shall be pay at Battersey and this upon the land  and not in any other place of that town although the bishop have a great house  there c also whether it be Payable without request or demand be move and in  this the judge differ also because this preserve brown justice in the argument  of this case dal say that the word proviso be take in five manner for a  condition S lessee for year proviso that the lessee shall not alien it be take  for a limitation and it be join with these word but or not as lease for year  proviso that if the lessee die within the term the lease shall cease or a  lease for year to two proviso that if one die within the term the other shall  have it for only two year afterward proviso be take for a exception as a lease  of a manor proviso that he shall not take a certain acre to his message it be  a prohibition as a writ to the coroner proviso that b one of the coroner do  not intermeddle it be as a covenant as if a man lease a house and the lessee  covenant to repair it proviso that the lessor pay the charge of the carriage  of the timber this be a covenant because it be divide frown the principal  thing lease diver agree to this division dyer b er p cion arise upon a rend to  be pay neither to the lessor nor to his successor nor the condition break in  the time of the one or the other it be hold by Weston and brown that the  successor can enter but the condition break determine the lease Self facto  without any word of reentry and without reentry in fact accord to the opinion  of Fitzherbert in the case of dockwra h a b then the successor may well take  advantage of the condition c video inhere ladle for diverse hold this opinion  of Fitzherbert not law although it be only a lease for a term of year but if  it be freehold dyer clear it shall not cease without reentry make also it be  hold by all that a bailiff by reason of his office can enter for his master  for a condition break without his express command to do it and although it be  not express by who the rend shall be pay to the chapter this ought to be  intend by the tenant c and this by all but the bailiff have not allege the  time of his reentry for his master and it may be intend that this be after the  distress take and then it be not good for the estate of the plaintiff be not  defeat till the entry be make and this ought to have be strew to be before the  time at which the take be make c though a bind debt to be pay at a certain  time and place be discharge by acceptance before the day and at another place  yet this evidence will not support a general plea of payment accord to the  condition memorandum that it be golden at as milt in guildhall London that if  a man be bind by covenant or the condition of a bind to pay a sum of money at  such a Feast and place between certain hour of the Feast and before the Feast  at another place he pay the money to the obligor and he make acquittance of it  also although by that it be a discharge of the covenant or condition by the  acceptance c yet if he plead the payment precise to have be make at the Feast  place and within the hour accord to the indenture or condition and upon that  the party join issue with he the jury be not bind upon svet evidence to find  the payment accord to the issue for the truth be contrary and this by the  opinion of dyer brown and Welsh justice against the opinion of sergeant Harper  a Tr Elizabeth condition of the bind be if the obligor shall pay ten pound in  the hour after the oblige have feoff he of a milt c he pay five pound before  and five pound after this be a forfeiture for the money be not due until c and  if he pay five pound before it can be intend the same sum it be otherwise  where the day be limit for there it be a duty mich Elizabeth c b bind v  Richardson more and Sav rot debt on bind the defendant plead payment at the  day the jury find payment before judgement for defendant because payment  before be payment for ever a it be former a matter of much doubt whether in  this case the defendant ought to plead special or not but now by Ann c if the  obligor have before action bring pay the principal and interest due such  payment shall and may be plead in bar though not strict make accord to the  condition see also burr will bull Ni bring dyer a er p