case trivet vers angus in a defeazance to a bind it be not necessary to recite  the bind this be a action of debt on a bind date the that of June for after  oyer of the bind and condition which be to pay and on the that of December  then next the defendant plead that on the that of march there be but due on  the say bind the plaintiff do covenant that if the defendant do pay S in the  pound on the that of December next for every S due to the plaintiff from the  defendant and so at the same rate for every great or less sum than S on or  before the that of December next then the plaintiff shall and will accept the  same composition of S for every S in full discharge of all sum of money as  then be or on the say that of December shall be due from the defendant to the  plaintiff and that on payment of the say sum of S in the pound or S for every  S to the plaintiff accord to the intent of the say deed then the say deed  shall be a release to the defendant to be plead or give in evidence that on  the that of march she be not indebt more than and then she tender which be S  in the pound which the plaintiff refuse to accept the plaintiff demurrer and  show for cause that the defendant do not show that she be still ready to pay  comens sergeant wright for the plaintiff insist that this be no defeazance but  a covenant for first it have no relation to the money due upon the bind for  although it say by way of recital or supposal rather that money be due from  the defendant to the plaintiff and the defendant aver that she be indebt by  bind in and interest and all but be pay to the that of march yet the word of  the deed be that if the defendant pay S in the pound for every S due to the  plaintiff from the defendant and so at the same rate for every great or less  sum than S on or before the that of December the plaintiff shall and will  accept the same in discharge of all sum as then be or on the that of December  shall be due from the defendant to the plaintiff so that the deed import that  S in the pound shall be pay not for the sum in the bind but for whatever sum  of money shall be due to the plaintiff from the defendant on the that of  December next second it be to be a release on payment of the money and though  tender and refusal may be equivalent to payment and be covenant to accept this  composition his nonacceptance be a breach of his covenant but it become not a  release till payment three she shall have plead it with a uncore priest for  although a tender of a collateral sum be make if it be refuse need not be  plead with a uncore priest yet when the payment be to be of a less sum in lieu  of a great it ought to be so plead comens er p but it be recommend to the  party to agree this matter it be hard when a composition be agree to by the  plaintiff that he shall come upon the defendant for the whole debt comens and  on the other side it will be hard that the plaintiff shall lose the S in the  pound which the defendant tender though she have not bring the money into  court if this be necessary but the plaintiff not comply to any end now the  last day of Trinity term on the saint of June the chief justice deliver the  opinion of the whole court for the defendant and give the reason in answer to  the objection make first this be a defeazance to this bind and sufficient  relate to it for it be not necessary to recite the bind any more than where a  power of revocation be insert in a deed a revocation by a subsequent deed be  good though it do not recite or mention the power or in direct word refer to  it   scroops case they also hold that it be not necessary in this case to  plead with a uncore priest or to bring the money into court   light   b cro  Elizabeth more