case Hector nun doctor of physic against gee easter term Elizabeth roll breach  of a covenant I wood con Cowp term Rep post post covenant and declare that  whereas the queen by her letter patent grant licence to he his deputy and  assign to buy Spanish wool and to transport it hither c he by this indenture  hear date c grant to the defendant and to Roger Norwood the say licence for  eight year with driver covenant to enjoy it in consideration whereof the say  defendant do covenant and grant to he to pay to he l every year at two feast  videlicet the annunciation and Michaelmas and further that every year at the  Feast of the annunciation or within twenty day after he will make a new  obligation of l for the payment of the say l the next year a see Bac Abr in  notorious facts croak Elizabeth er p and allege in fact that the defendant  have not pay he the l due to he at Michaelmas Elizabeth and that he do not  make a obligation at the annunciation c and for those covenant break he bring  the action the defendant plead that in the indenture there be contain proviso  sempler that if the defendant do not every year make the obligation at the  Feast of the annunciation or fail of payment of the money at the day that then  and from thenceforth the say indenture and every clause article and sentence  therein shall he void and of none effect and show that he fail in make the  obligation at the first day and so the indenture be void and demand judgement  si action upon this it be demurrer in law croak Elizabeth Owen and wood argue  that the action do lie for this covenant be break before the indenture hecame  void and therefore it be not reason but the action shall well lie but they  agree that for the covenant for payment of the money no action do lie because  the indenture be void half a year before by not make the obligation and the  indenture be that then and thenceforth the indenture shall he void and so for  all the time before he remain Chargeable as in case of lease for year and for  render rend and for non payment the lease to he void although the lease  hecomes void yet for rend due before debt lie so upon the statute of Elizabeth  c of lease make by parson that upon nonresidence for eighty day a the lease  shall he void and that all obligation covenant c for enjoyment of it shall he  void yet it be adjudge Elizabeth in wall and Cox that where a parson make such  a lease by indenture in which be diverse covenant on the lessee part and after  the lease c hecame void by nonresidence c that for a covenant break before a  action of covenant do lie Wray c j say the case be not alike for in that case  the covenant be plain break and the lease and covenant after hecame void but  here the thing that make the indenture void be the break of the covenant so  they be both at one time and so he have lose all his bargain and all his  benefit of the indenture and the other party be at large and so no priority  here but they will advice in Trinity term follow it be adjudge for the  plaintiff but I hear not their reason but it be say that the reason be that  the intent of the party be that it shall he void only to have benefit of  covenant break in going to be but for the covenant break before it be never  their intent but that the party shall have advantage of they