case sir antony MAYNIE against scot easter term Elizabeth roll debt on bind  for performance of a covenant by lessor that if the lessee surrender at any  time during the term he will grant he a new lease the lessor accept a fine of  the premise this be a breach of the condition and the lessee need not show  that he offer to surrender ante SC   a Poph more and Jones Bulst hard roll Rep  hut winch ray       light blow   Bac Abr Com Dig Cowp dougl term Rep error of  a judgement in debt upon a obligation in the common plea quod vide ante fol  the condition be to perform the covenant within such a in denture the covenant  wherein the breach be assign be whereas he have let that land to scot for  tuvent one year he covenant upon surrender of the first lease to make you unto  he a due lease for twentyone year the defendant plead thereto that Scot never  surrender his lease unto he the plaintiff reply that the defendant have accept  a fine sur conusance de law come Ceo c of sir John savage and other and  thereby have grant and render unto they the land for eighty year et hoc c and  thereupon the defendant demurrer because he do not show that he  notwithstanding this lease have offer to make a surrender so to perform as  much as on his part be to he perform although the other can not make a lease  accord to his covenant and it be thereupon adjudge for the plaintiff for the  defendant be disable to make a lease he need not tender the surrender unto he  and error be bring hereof it be assign only in the point and matter of law  Tatifield move that the judgement be erroneous for this covenant to make a f  new lease be not to he perform d unless upon a former act to he do by the  lessee videlicet the surrender which at leastwise ought to be offer because  there ought a promptness to appear in he to do that on his part that be to he  perform although the other can make the lease on his part and in proof hereof  rely upon Edward bar pound Edward debt but all the justice resolve without any  great argument that in regard the defendant have disable himself that this  fine to make the lease accord to his covenant and the plaintiff be not td make  the surrender but with a intent to have a new croak Elizabeth lease which he  can have it will therefore he in vain for he to offer his surrender but the  covenant be break of itself wherefore the judgement be affirm