clxxiii crop and HAMBLEDENS case in trespass by crop against Erasmus Hambleden  upon the special verdict the case be that one Martin Hastings be seize of the  land where c in the right of his wife for the life of the wife and that they  both do lease unto the defendant for year render rend Payable at the Feast of  S Michael and the Feast of the annuncia Leonard er p cion c with clause of  reentry if the rend be behind by a month after any of the say feast and after  the Feast of S Michael Elizabeth and before the month expire the lessee the  now defendant send his servant unto the house of the lessor for to pay to he  the rend then due the servant go unto the house of the lessor and there ask  for he to who it be answer by one mary Briggs daughter of the wife of the  lessor who there dwell in the say house with her mother that the lessor be not  at home for which the say servant deliver the say rend to the say mary require  her to deliver the same over to the lessor upon his return to the house in the  name of his servant Leonard mary receive the say rend and upon the return of  the lessor at his house tell he all the matter aforesaid and that the servant  of t he lessor the defendant have require her to tender the say rend to the  lessor in the name of the defendant and thereupon offer and tender to he the  say rend and the lessor refuse it and the jury find that the three half year  before the tender mention before the lessor command the say mary to receive  the rend then due who do accord and that the next half year then follow the  say mary do receive the say rend without commandment of the lessor but after  the lessor agree unto it and that the immediate half year before this tender  in question the defendant pay the rend then due to the lessor himself who  receive it and it be the opinion of Wray chief justice that this tender be  good and it be not like unto the case of a obligation for there the obligee  can have a action of debt before the last day but here the lessor may have  distrain or have have a action of debt before the month expire and so the  lessor be bind by this tender and by gawdy justice this tender can be say a  tender by a stranger for here mary come in privity of the servant of the  lessee and as it be find by verdict mary tender it to the lessor as be request  by the servant of the lessee and afterward upon consideration have betwixt the  justice themselves the justice videlicet Clench gawdy and Wray for shoot be  then sick it be clear resolve against the plaintiff and that the say tender as  it be find in the verdict be a good and sufficient tender and the Lord Wray  deliver the reason as before and far say that if the say rend have be reserve  Payable at the feast aforesaid or within a month after each of they there the  tender as above have not be good nor shall bind the lessor for in such case  the lessor can not distrain or have a action of debt for the say rend before  the month expire and this be a case of extremity and deserve no favour and  here be no mischief to the lessor for he may have have his rend in due time if  he will and his captious refusal shall not avail he and judgement be give  accord cro trin Elizabeth in the common plead