case archdeacon against JENNOR what word shall amount to a covenant   light  pop Bac Abr wood con dougl term Rep the case be one make a lease for year the  lessor covenant that the lessee shall have houseboat baybote and plowbote  without commit any waste upon pain of forfeiture of the lease whether this be  a condition be the question Anderson the covenant be no more than what the law  appoint and therefore vain and so all what be subsequent be vain quod Heaumond  agree Walmsley it be a covenant on the part of the lessor and therefore it can  be a condition croak Elizabeth easter term Elizabeth in the queen bench sir  John Popham Knt chief justice sir Francis gawdy Knt Edward Fenner Esq John  Clench Esq Jusiices sir Edward coke Knt attorneygeneral sir Thomas Fleming Knt  solicitor general holland case cro Elizabeth er report date case holland  against four other the appearance of a appellee do not place he in the custody  of the marshal unless a To bring together he enter or bail give I roll ab skin  hawk Bac Abr ld ray salk n b a nonsuit after appearance in appeal be  peremptory post holland bring a appeal of murder against four of sir George  Fearmor S man by original writ at the day of the writ return they appear at  the bar and then he will have declare against they be at the bar as in  custodid mareschalli but by the rule of the court he can not for the  appearance of the defendant do not make they in custodid mareschalli unless  there he a record make gubd To bring together marescAallo or that they find  bail wherefore in regard the plail tiff will not declare against they upon the  writ the plaintiff be therefore demand and be call upon the writ be nonsuit  and the defendant discharge note he will not declare against they upon the  writ because there be a fault therein videlicet the want of a addition of one  of the defendant in the first name a and if he have declare and the writ have  be abate it will have be peremptory unto he for Tanfield for the defendant say  that a nonsuit before appearance be peremptory b vide Edward pl ass pl