case Elizabeth archer executrix of John archer against Dalby if outlawry be  pronounce on the same day that the quint drive out bear testae it be erroneous  SC palm Noy   Com dig Bac ab term Rep variance Cowp breach of covenant error  of a judgement in the common plea and upon the outlawry in the say judgement  the first error assign in the outlawry be that the exigent which recite a  former exigent quod allocate quatuor commit to drive out to make the defendant  which bear testae tomorrow a rising be return quod ad husting de plea terrae  hold the same day it bear testae he be quint drive out et non comperuit and  for this cause error be assign second for that the former husting be de common  feature plea and this be de plea terrae and so vary and therefore ill three  because it be upon the same day it bare testae which ought not to be and for  this last cause it be hold to be ill and reverse croak throw but for the first  cause they much doubt for there be precedent that the husting be hold  alternatin every fortnight c the error assign in the matter be for that the  plaintiff declare in debt for sixty pound upon a deed wherein he recite that  whereas William Corbin have give diverse of his good to John archer the  testator be covenant that if the say Corbin shall pay a debt of sixtythree  pound for which the say John archer stand bind in one hundred and twenty pound  to pay to one John Shipton upon the second day of June then next follow and  shall save harmless the say John archer from the same that then the plaintiff  shall have and enjoy permission of the say John archer of the moiety of the  say good ad quas assembly performandas he oblige himself by the say write to  the plaintiff in sixty pound and allege in facto that the say William Corbin  upon the second day of June secundum form et effect scribe pillage pay  sixtythree pound by which payment of the say sixtythree pound the say William  Corbin have save he harmless from the say sixtythree pound so that he be not  damnified and that neither the say John archer in his lifetime nor the say  Elizabeth since have make any grant to he of the moiety of the say good grant  he by the say John per quod action to grow progressively c the defendant plead  that the say William Corbin have not pay the say sixtythree pound c whereupon  they be at issue and verdict and judgement for the plaintiff and now assign  for error that here be not a good breach first because he do not show what the  good be whereof the deed of gift be make say non allocatur because the general  be sufficient second the allegation be that he have save he harmless from the  sixtythree pound whereas it ought to have be from the one hundred and twenty  pound three because he do not show that he request a grant of the moiety of  the good and tender a write to he to seal for he be the party who be to have  the benefit thereof ought to make the tender And for these cause but principal  for the second the judgement be reverse croak James er p