clxxviii knight and beech case see SC   Rep b William knight bring ejection  firm against William beech the case be that the prior of saint John of  Jerusalem h with the assent of his covent lease by indenture diverse house in  Clarkenwell in the county of Middlesex for fifty year to one Cordel render  rend S and d at four feast of the year usual in the city of London videlicet  for such a message call the HighHouse S for another house S d for another  house xxs c et si cortingat dictum one year old To give back S d a retro  before in part well in toto ultra or post once boundary loosing in quo to  loosen to withhold per interval three a month c quod tunc ad in all respects  time deincep ad it pleases c to be for sale speech priori successor nest omni  tali personae mask how well quas speech prior successor Himself nominare  appunctuarent without scribe in in all respects dictam property altogether  reentrare c and afterward h the say hospital of saint John be dissolve and the  possession of it grant to the say king and afterward the say king h give the  say house upon which the say rend of S be reserve to one Audley c in fee and  afterward the now queen be seize of the residue a commission issue out of the  exchequer bear date maii Elizabeth ad to seek after utrum the defendant to who  the interest of the say term do appertain perimplevisset performasset all men  provisiones fact reserve in super predict indenturam or not office be find  before the grant and after August follow the say queen by her letter patent  give the say house call the HighHouse to fortescue the lessor of the plaintiff  and afterward tres mich the commission be return by which it be find all as  aforesaid et quod termini holiday loosing in London be Michaelmas Christmas  annunciation and midsummer and that at the Feast of Michaelmas such rend be  behind for the space of three month c it be argue in this case by gawdy  sergeant on the part of the plaintiff that here be several rend for the entire  sum by the videlicet be distribute into several portion which make several  rend and to that purpose he cite winter case Elizabeth dyer a lease for year  be make of the manor of a b and c render for the manor of a xxs and for the  manor of b xs and for the manor of d xs with a condition for the nonpayment of  the say rend or any of they or any part or parcel of they within one month c  then a reentry here be several rend and he conceive that a condition in the  case of the king may be apportion for a rend charge and a condition be in the  king in Leonard better condition than in a subject for the king may distrain  for a rentcharge in all the land of he who be seize of the land out of which  such a rend be issue and if a rentseek be due to the king he may distrain for  the same and the king shall neverdemand his rend which he have reserve with  clause of reentry and it appear in the register that if before the statute of  Westminster the king purchase parcel of the land hold of he the refit shall be  apportion which be not in the case of a common person and there be in the  exchequer diverse precedent to that effect sure if a be bind in a recognizance  to b and afterward feoff the king of part of his land and c of the other part  if b be afterward attaint of treason so as the say recognizance accrue to the  king that now notwithstanding that he have part of the land liable to the  recognizance be shall have execution of the residue and see f n b if after the  recognizance acknowledge the conusor feoff of certain parcel of his land  several person and of the residue feoff the king that land which be Leonard er  p assure to the king be discharge of the execution but the residue shall be  charge so that the possession of the king do alter the nature of the rend  condition and execution Fenner segeant contrary and he say that this grant  before office return wasnot good for without office the king can enter much  minus his patentee and that the king by the grant have interrupt the relation  of the office as if a man by indenture bargain and sell his land and afterward  make livery to the bargainee and afterward the deed be enrol now the party  shall not be say to be in by the bargain and sale but by the livery for the  livery have interrupt the force of the first assurance by way of bargain and  the relation be utter go so in our case the grant of the queen mean between  the award of the commission and the return of it have destroy the force and  effect of the commission so as appearance shall he have of it and he agree  that here be several rend but the condition be entire and admit that a  condition may be apportion in some case yet in some case it can and the  statute of h give the condition and the reversion to which it be annex to the  king in such sort as it m as in the prior but the condition in the prior be  not capable of apportionment and therefore no more it shall be in the case of  the king as where a recognizance be acknowledge which come to the king by the  attainder of the conusee now if the king will sue execution upon it he shall  not have the whole land of the conusor in execution but only the moiety by  elegit c this case afterward Trin Elizabeth for difficulty be adjourn into the  exchequer Chamber and there argue before all the justice and baron of the  exchequer and Shuttleworth sergeant argue for the plaintiff and first he say  here be several Leonard rend and so several condition especial when all the  thing demise be of such a nature that they may yield a distress but if any of  the thing demise can yield distress then it shall be one entire rend and shall  issue out of the residue c which see ass a assize be bring of S rend and the  say rend be reserve upon a lease for life make of acre of land and acre of  wood sure for the land S and for the wood S and by the assize it be find the  seize in the wood but not in the land wherefore it be award that the plaintiff  shall recover seize of the S and for the residue that he shall take nothing  and although these word reddendo ind trench unto all the thing demise entire  yet this word videlicet be a distritutive and make a apportionment and the  videlicet be not contrary to the premise sure to the reddendo ind as if I  feoff a and b of a acre of land habendum the one moiety thereof to a in fee  and the other moiety to b in fee this be good for it well stand with the  premise but if I feoff a and b of two acre of land habendum the one acre to a  and the other to b the same habendum be void because contrary to the premise  for each of they be exclude out of one acre which be give to he in the premise  and in our case if the rend set forth in the videlicet have be great or less  than that which be reserve upon the reddendo then the videlicet shall be void  for the contrariety and the reddendo stand walmesley contrary and that here be  one entire rend which see to be so by the close of the condition si To give  back predict or aliquan ind parcella c and the lessor may distrain in any part  of the land demise for the whole rend notwithstanding the videlicet and it be  move by Shuttleworth that admit the rend and condition be entire yet now when  the king grant the reversion of one of the thing demise in fee to a stranger  the condition remain and not determine by the destruction of the reversion as  in the case of a subject for the king have diverse prerogative by which he be  exempt and protect from such mischief and inconvenience which happen to  subject by their own act and their laches and folly which shall not be impute  to the king and the reason of extinguishment of a condition in such case in  the case of a common person be his own folly that he will to pull asunder his  reversion and folly shall never be impute to the king and as the case be here  the king be not bind to take notice of a condition make by a common person for  it be not matter of record and by this grant of the king the rend do not pass  for the grant be only of the reversion without any mention of the rend and the  king have diverse prerogative in a condition as in the create of a condition h  the abbot of sion case ad execution be a good condition in the case of the  king by prisoit and where the king grant land in fee to one upon condition  that the grantee shall not alien Leonard er p the same be a Leonard good  condition so for a rentseck the king may distrain and the king may reserve a  rend and a condition to a stranger and if he do reserve a rend and a condition  to himself he may grant the same over to a subject h and the condition in the  case of a common person may be apportion as if lessee of two acre upon  condition alien one of they in fee and the lessor enter for the forfeiture or  recover part in a action of waste c but of a surrender it be other wise  walmesley contrary the condition be go for a condition in the hand of the king  be of the same nature as in the case of a common person impatient of any  division partition or apportionment as if the king have a rend out of acre of  land and afterward purchase one of they the rend be utter go and shall not be  apportion as well as in the case of a common person so of a common and as this  case be if the condition do remain then upon the breach of it the king shall  enter into the whole for the word of the condition be whole to reenter and so  he shall defeat his own grant and he cite a case adjudge at the assize at York  the king give land in feefarm render rend with clause of reentry the king  grant the rend over to a stranger and after the rend be behind the king can  reenter nor the grantee it be also move if the juror of Middlesex may inquire  of the usual feast day in London Shuttleworth that they may do so see h where  a commission issue out to inquire in the county of Surrey of escheat word c  who find that a hold of the king in chief and take to wife one e cousin of a  within the degree they then know of it and have issue betwixt they and  afterward they be divorce in the county of ken c and exception be take to that  office because the inquest of Surre have find a divorce in the county of ken  another matter be because the juror have find the breach of the condition and  before the juror have put their hand and seal to the inquisition the queen  grant part of the thing demise in his hand to fortescue after which grant the  inquisition be seal and return into the exchequer if now the grant to  fortescue be good or not vide ind dyer Elizabeth upon a writ of mandamus the  escheator charge the inquest who be agree of their verdict and deliver the  same in paper to the escheator and before the engross seal and delivery of it  come a supersedeas and it be resolve by all e justice that before the engross  indent and seal it be no verdict see this case report in cook part and coke  Rep Len Len Leonard pasch Elizabeth in the common plead