case lea against LUTHELL Trinity term James roll if a act require by a  covenant be to be do by a stranger to the covenant or if it be a matter of  record performance must be special plead   light roll Rep palm show Bac ab ld  ray dougl to Rep performance of disjunctive covenant must be special plead a  issue tender upon a negative pregnant be bad debt upon a obligation of three  hundred pound condition to perform the covenant in a indenture of the same  date the first covenant be that he shall marry Susan daughter to croak throw  the plaintiff before such a day second that sir Edward straddle and his wife  shall levy a fine of such land to the defendant and to the say daughter of the  plaintiff and to the heir of their body three that the inheritance of the  premise shall remain in the say sir Edward straddle or himself until the fine  levy fourthly whereas he have grant a lease for year of part of Marshwood to  the say Susan the plaintiff daughter that he have not make any former grant  nor will afterward make any grant thereof without the plaintiff assent the  defendant as to the last covenant in the negative plead that he have not make  any former grant of the lease nor have make any grant after the obligation  without the plaintiff assent and as to all the other covenant that he have  perform they upon this plea the plaintiff demurrer first because the covenant  to levy a fine c be ail act to be perform by a stranger and it be a act to be  perform on record in both which case he ought to plead and show how he perform  it and it be not sufficient to plead general performance for act of record  ought to be show special and the answer to they be nul tiel record and no  other issue can be take a second objection be because the covenant be in the  disjunctive he ought to show special which of they and not general three he  plead that he do pot grant without the plaintiff assent which be restraining  with child and therefore not good all the court be of opinion that for these  cause the plea be not good wherefore it be adjudge for the plaintiff upon the  first argument especial for the first cause