Carthew CARVELL executor of dodsworth versus Edward Trin will mark b r rot  where a letter of licence be a defeasance and pleadable in bar show S c Danv  pl debt upon bind and likewise upon a judgement due to the testator dodsworth  the defendant plead in bar letter of licence under the hand and seal of the  Carthew er p testator which be make between the defendant and his creditor to  which the testator be a party recite that whereas the defendant have a right  in such a house and it be thereby agree that he shall give power to the  testator to sell the same and to divide the money in proportion among the  creditor as far as it will reach and that upon receipt of such their  proportion every of the say creditor shall give the defendant a release of all  matter c before the agreement and it be far agree that in the mean while and  until the say house shall be sell and from thenceforth after the say William  Edward shall not be sue or prosecute at law or his person or good molest by  any of the say creditor name in the say article for any thing pass subpoena  reaction exonerationis debt is owed well debtor such a mask as shall so sue or  prosecute c the plaintiff make a frivolous replication and upon a demurrer to  it two objection be make to the plea first that this matter in the letter of  licence consist only in covenant upon which a action may be maintain but it  can be plead in bar to the present action that this be a personal lie of the  testator only for his executor be not name and it be a penalty this the same  in nature with a condition and personal condition will never extend to  executor unless express name and to prove that matter the case in the margin  footnote be cite it be argue for the defendant that this be a release and no  covenant and the word of the deed be general not to sue at any time which  amount to a release and this difference be take in the book videlicet where  the restraint be only for a certain time and where this not to sue at all in  the first case this a covenant but in the latter this a release and to prove  this the case in the margin footnote be cite Carthew but per holt Ch justice  this be a defeasance and no release and he cite more l and the whole court be  of that opinion and that it be a good defeasance be pleadable in bar see  before between ayloffe and Sckrimpshaw the same point foe