Bulstrode the lady saint John plaintiff against PIOTT defendant enter mich  James b r rot or Cr a writ of error upon judgement in the c b in covenant in a  writ of error to reverse a judgement give in the c b in a action of covenant  bring by a assignee for breach of covenant the case appear to be Bulstrode er  p this sir Oliver Cromwel have the reversion of one house in feesimple and of  another house for year by a deed grant a reversion of the feesimple house to  one and by another deed grant the reversion of the term also unto he the  question be whether this assignee shall have one or two writ of covenant for  breach of covenant it be adjudge in the c b for alderman Piott the plaintiff  there that he shall have but one writ of covenant and judgement there so give  accord upon which judgement a writ of exror be here bring but not for the  matter in law which remain unquestioned but for some other collateral matter  express in the declaration alderman Piott the assignee of sir Oliver Cromwel  and plaintiff in the action of covenant set forth that sir Oliver Cromwel be  seize in fee of the capital message and also possess of another house for year  do lease they both by one deed to the lady saint John for year in and by which  lease she do covenant for to repair the house with all needful reparation  during the term and afterward sir Oliver Cromwel by two several deed assign  over the reversion he have in both house unto alderman Piott who for breach of  covenant bring his action have his judgement and upon this judgement a writ of  error bring George croak for the plaintiff in the writ of error move that a  breach be assign but no breach assign after attornment and therefore the  plaintiff in the c b fail in this he be but a assignee of the reversion one  part of the covenant be to leave the thing demise in as good repair as she  find they be have also allege the covenant to be break in such thing for which  no action do lie and entire damage give and so the judgement in this be  erroneous he have also allege a breach of covenant for the break of stone and  pavement which be no cause of action also be have assigped that the glass be  break but not carried away non divulsum send break only this be no cause of  action yet entire damage give for all these breach and for this cause the  judgement erroneous and to this purpose there be a case which be cite coke  pars f a in Osborns case between poley plaintiff against Osborn defendant mich  Elizabeth b r a action of trespass bring for break of his close and beat of  his servant and in his declaration he do not lie per quod slavery suum to send  away damage entire give and for this omission in the declaration the judgement  be arrest several other breach allege for which no action do lie that lock and  key and binns in the buttery be miss and it do not appear in the declaration  that there be any there at the time of the lease make and so not good and so  the judgement erroneous for the defendant it be urge that there be two  covenant contain in the lease one to repair during the term the other to leave  all at the end of the term in as good repair as at the time of the lease make  and it be set forth in the declaration that he have not do so in parcella  praemissorem and name wherein prout sequitur and so name they all and so bring  his action occasion preceding assembly break this be the writ and to the jury  in a action of covenant Bulstrode he may assign twenty matter and this shall  not hurt the matter but otherwise it be in deb there the jury may sever these  matter and give damage to so much but they shall not sever these damage but  they shall be entire accord to that he have suffer and sustain occasion  predict assembly fractw but not to make any severance of the same as to  distinguish and say so much for one thing and so much for another but  otherwise it be to be in waste and trespass there damage entire give be not  good also where parcel of the thing assign for breach be means I and parcel  not material the jury assign entire damage all which be material allege but  not for all which be assign general dodderidge justice these exception which  have be take they do rest upon the word of the lease and covenant there will  be a great difference between a action of covenant and a action of waste and  that same thing do may be a breach of covenant which shall not he waste this  case therefore be fit to be consider of and that the court may be the better  advice herein they desire book to peruse and so for this time this case be  adjourn until another time afterward S term mich two James b r this case be  move again for the opinion of the judge herein Haughton justice here the  reversion be grant of both the house the covenant be to repair capital  messuagium and to repair structure of the other house so the covenant extend  to both house dodderidge justice agree with he herein and that the covenant  here Bulstrode er p go unto all the word be quod to hold up manateneret  repararat these be the word of the covenant ac etian manuteneret predicta  premissa this go unto all structure paviamenta be all one the covenant also go  further ac ad that which divides termini sufficient manutenta palate  intelligent to yield up to maintain sustain uphold and repair these word be of  large extent and go to the whole coke chief justice maintain this word go to  the whole the curtelage be parcel of the house and do pass with the same and  the farmer or tenant can take away the pavement from the curtelage because it  be parcel of the same these objection which have here be make be but like  minutoo decimea shelf be parcel of the house not to be take away objection  make because it be not show that the shelf be fix prima fancy it ought to be  so intend that they be fix and these do pass unto the lessee by the lease  therefore to be intend that they be fix as to the word divulsa to break to  pieces and the lessee be by covenant to maintain to sustain and to repair it  be set forth for breach that they be break to break to pieces coeterarum  preamissarum prout sequitur c this be good and sufficient otherwise you will  defeat all the covenant and a pavement also be structural for they use lime to  finish it if damage be several assess it mu saint then be intend to be do at  several time dodderidge justice all matter of fact be here confffssed and  agree by both party the court do all agree in opinion clear that the judgement  be well give and no error at all therein but the same ought to be affirm and  so by the rule of the court the judgement former give in the c b be affirm