annesly versus cutter hill Ann debt upon a bind to perform article and on a  demurrer the question be necessary in a plea that the defendant educate the  plaintiff son in the university and that he pass all his degree to show what  degree be necessary to be pass c debt upon a bind with condition to perform  article the article be that the defendant cutter shall educate keep maintain  and provide for I cutter his son in one of the university of this kingdom  until he have pass all his degree and be a master of Art in one of the say  university and when he become master of Art as aforesaid then the plaintiff be  to pay so much to the defendant for his say son S use the defendant plead that  he do educate his son at d and afterward that he be fit for the university and  that afterward he do keep maintain and provide for the say I cutter until he  have pass all the degree that be requisite to fit he to be master of Art at  the university of Cambridge and postea such a day be become master of Art at  Cambridge aforesaid the plaintiff demurrer sergeant Pratt show two cause first  because be do not tell what these degree be for perhaps be do not pass all the  degree which be requisite and we may have take issue thereon if there have be  other degree requisite which be not allege to fit he to be master of Art  beside we may say be do not take such a degree for that be issuable for a plea  shall comprehend a competent certainty on which a issue may be take it be true  we may in our replication say that be do not take such or such a degree but  then we shall lose the advantage the law give we upon his averment of no more  degree to be requisite except those by he before allege the second exception  be that he say that he do keep maintain and provide for he until be pass all  the holt KB degree which be requisite to fit I cutter to be master of Art and  postea such a day be become master of Art now the degree to fit he to be  master of Art be bachelor of Art and that degree they take common three year  before they become master of Art and who maintain he these three year non  constat by the plea Broderick for the defendant as to the first the plea be  good for if the condition be to perform covenant and the covenant be in the  affirmative performavit in all respects be a good plea and the difference when  the plea be in the word of the condition and when not be this if there be any  matter of law c to be do that be under the jurisdiction and for the judgement  of the court there you must particular show the performance and the plead in  the word of the condition be not good as if I be bind to make you a sufficient  release there it be no good plea for you to say you make a sufficient release  but you must show it in particular that the court may judge of the validity  thereof so be the reason of Specott S case c schismatic make old be not  sufficient be too general ergo uncertain for the court to judge but where the  condition be to do fact mere the record be not to be swell up therewith and if  there be occasion you may assign a breach Bulst Ro Rep so if the condition be  a thing which be out of the jurisdiction of the court or be to undergo a other  examen there plead in the word of the condition be good vide Mod as to the  second I hope that be no fault for we do maintain he in all his degree  requisite and he be now a master of Art the court do unanimous agree the plea  to he have because be do not show who maintain he from the time be commence  bachelor until be become master of Art and holt CJ say it be well enough as to  the first exception and if it have any fault it be a default of form help by  the general demurrer the rest of the judge say nothing to the first exception  for the second exception the plaintiff have judgement nisi