case lily against Hodges if a and b covenant for themselves and for each of  they with c and d that they will receive certain rend and that they and each  of they will pay a moiety thereof to each of they the say a and b a action of  covenant by a against c assign a breach that c and d have receive so much and  have not pay he the moiety thereof be good S c stram the defendant and one  Griffith covenant for themselves and for each of they and for their executor  and administrator and for each of their executor and administrator with lily  and Cardonel to receive the rend due to the plaintiff lily and one Cardonel in  Ireland and likewise that they and each of they will pay a moiety thereof to  each of they the plaintiff and Cardonel a action of covenant be bring against  the defendant Hodges alone by the modern report er p plaintiff lily for his  moiety and the breach assign be against both the covenantors that the  defendant Hodges and I Griffith receive seven thousand pound and that the  defendant do not pay the moiety to the plaintiff nor account to he for the  rend c modern report and upon the general issue plead the plaintiff have a  verdict it be now move in arrest of judgement that this action be not  maintainable in this manner it must be either a action against the defendant  alone charge he for his own act or against both the defendant and Griffith  charge they on their joint act this action be neither separate nor joint but  both confound together for the receipt of the money be lie to be by both  beside the breach be assign against both the covenantors which be ill because  the action be bring against one and by one of the covenantees when it ought to  have be bring by both upon the joint covenant the court two person may engage  for the act of both as well as for the act of one and each may covenant for  the other as well as for himself but that which be fatal in this action be  that the covenant be make to two so they both ought to join for otherwise one  may recover and so may the other so that the covenantor will be double charge  the court however be all of opinion that the plaintiff shall take his  judgement because the defendant have covenant for the act of his companion as  well as for his own act and the breach and non performance of the covenant be  lie joint against both the covenantors it be well enough the most material  objection be that both the covenantees ought to have join in bring this action  and that it shall not be bring by one of they alone but it be adjudge that the  action be sever by the subsequent covenant by which the defendant and the say  Griffith covenant each of they to pay a several moiety of the rend for though  the covenant be joint in the beginning of the deed videlicet they both  covenant to receive the rend yet it be sever by the apparent intention of the  party by that subsequent clause of pay the moieties to each of the covenantees  and if that have be omit in this deed then the action must have be joint  against both but now it be sever and well bring against one by one