CCCCLVIII foster and wilson against Mapes covenant foster and Wilson bring a  action of covenant against Mapes and declare that by certain indenture of  article it be agree betwixt the plaintiff and the defendant whereof one part  be seal with the seal of the defendant and the other with the seal of the  plaintiff that whereas the defendant have lease to the plaintiff the parsonage  of b he covenant that he will keep the plaintiff harmless concern the same  against one n b and declare further that the say n b have enter upon they and  that at the time of the make of the indenture he be parson of b the defendant  have plead non be factum and it be find by special verdict that the defendant  seal one part of the indenture and that one of the plaintiff only seal the  other part exception be take to the declaration because there be not set forth  in it any sufficient breach for when the defendant covenant to save the  plaintiff harmless against b the same be to be intend of a lawful eviction as  in Puttenhams case Elizabeth dyer but if the covenant have be that the lessee  shall peaceable enjoy the term without ejection interruption alicuj personae  upon a unlawful entry of a wrong doer a action lie see Elizabeth dyer and here  the find of n b to be parson at the time be to no purpose and there be not lie  any express title in n b but only by implication for it may be that the parson  have lease to the defendant render rend with clause of reentry and the parson  have enter for the condition break and the plaintiff ought to have show and  not general that he have enter and that he be parson also it be lie that n b  be parson at the time of the entry but it be not show what entry which may be  take that the be parson at the tiger the plaintiff enter by virtue of their  lease and not when the say n b enter upon the plaintiff also the plaintiff  have not declare that they have enter by force of the lease Leonard aforesaid  and if not then they can be eject c and then no breach of covenant Pudsey  contrary we have declare that the parsonage be demise to we and that n b be  parson have enter and the record be read I that where the defendant have  demise to the plaintiff the parsonage of b it be agree that the defendant  always shall keep harmless the plaintiff and the premise against n b for and  concern omnibus appurtenance c Tanfield the breach be well lie and the word of  the covenant amount to as much as if he have say that he will keep they from  all interruption and the difference be when the covenant be general l keep  harmless c the same do not extend but to a lawful interruption but when it be  special against such a one there it extend to any interruption whatsoever  gawdy justice conceive that the breach of covenant be well lie I that n b have  enter upon they and remove they and be it by wrong or by right the same be a  breach for be have not keep harmless the plaintiff for the premise and profit  of they against n b e Leonard er p a bind be endorse upon condition that the  obligor shall defend to the obligee for such a time such land whereof he have  before feoff he it be hold that if a stranger oust the obligee without any  title the bind be forfeit by reason of the word defend and although the  plaintiff have not lie in their declaration that they have enter the same be  not material for it be not the point of the action Fenner justice conceive  that the difference put at the bar betwixt general covenant and special be  good law and that in case of such a special covenant interruption without  title give a action but he conceive that because it be not allege that the  plaintiff have enter that there be no breach of covenant see Elizabeth dyer  Wray the word of the covenant do amount to peaceable enjoy during the term and  so to a interruption without title Fenner e a be bind to b to save b harmless  from a obligation make by the plaintiff to one r if r affirm a plaint of debt  against the say plaintiff upon the say bind the bind of a be forfeit but here  the plaintiff can be harm for they have not enter gawdy the conclusion of the  declaration be that n b enter upon the profit and remove they so as they can  not take the profit thereof so it be imply that the plaintiff have enter and  afterward judgement be give for the plaintiff owe cro Inst trin Elizabeth in  the king bench