Bulstrode attoe all plaintiff against Hemmings defendant enter Trin James b r  rot a action of covenant c Ro owe Ro Abr in a action of covenant the case  appear to be this Thomas taverner James make a lease for year unto Salisbury  who enter and be thereof possess taverner do devise the reversion unto mary  his wife for her life who grant this over to the three plaintiff for forty  year if she shall so long live Salisbury attorns make his wife executrix and  die in the first indenture diverse covenant be contain and upon which diverse  question be move Salisbury in the first indenture do covenant to pay rend unto  Thomas taverner the lessor for nonpayment of this rend the action of covenant  be bring by a assignee of a assignee of the reversion it be urge for the  defendant and these question stir the lessee do covenant in the indenture of  lease to pay rend yearly to the lessor and his heir whether in and by  construction of law this shall be say to be a rend or only a sum in gross by  force of the covenant that it shall be a sum in gross and no rend the word  here be that the lessee covenant grant condescend and agree with the lessor to  pay c that this be no rend but a annual sunna in gross to be pay reddendum  faciendum to loosen these be only the word of the lessor rend ought to be  reserve by the lessor and also by apt word of reservation and this on the part  of the lessor himself which be not so here in Plowdens commentary fol in  Brownings and Bestons case it be there question whether such a covenant as  here on the part of the lessee to pay so much yearly shall be in judgement of  law as a rend or as a sum in gross in h fol where the vendee do covenant to  pay S per annum to the vendor there agree this to be no rend but a sum in  gross and Elizabeth dyer fol the Lord Dacres case where the Lord Dacres do  make a lease of his land and stock to some friend who do covenant to pay per  annum to he and his wife his heir and assign during the term this there  resolve to be no rend to go to the heir but a sum in gross to go to the  executor so here in this case be by way of covenant and grant mere be a  personal thing if this be no rend then whether the assignee of the land shall  have this or not and whether a assignee of part of the reversion as in this  case the same be the first assignee for life assign this for year to the  plaintiff if the first assignee for life shall so long live whether this last  assignee may have a action of covenant it be urge that he can it appear coke  pars fol b in Spencer case what assignee may have a action of covenant and in  the end of Spencer case resolve that the statute of h c extend unto covenant  which touch or concern the thing demise but not to collateral covenant  Elizabeth dyer fol lVinters case and coke pars fol knight case that a  bargainee of part of the reversion can take benefit of a condition for the  plaintiff it be urge that this be a rentservice and so incident to the  reversion and when it be by way of covenant by the lessee by the same  indenture this be a good reservation and they be all the word of the lessor as  well as of the Bulstrode lessee and all one as if the word have be that the  lessee shall have the land and the lessor the rend this have be good and it be  all one here in effect and diverse time by the construction of law word speak  in one sense and by one party shall be take in another sense as a reverter for  a remainder so here by construction of law this shall be say to be a  rentservice and no difference there will be where the lessee say that the  lessor shall have the rend and unto which the lessor agree and where the  lessor himself say so by way of agreement and to which the lessee agree in  Browning and Bestons case there be but one sum but this case now here in  question be a strong case here it be express in the beginning of the covenant  in consideration of the payment of the rend hereafter mention he do lease the  same so that this be by way of reservation and so incident to the reversion  also this be not such a collateral sum as be object it be not collateral to  the land for it concur with the land for it be that the lessee shall have the  land pay the same sum so that it do run with the land and he which have the  reversion shall have this rend and this be the true intent and Bulstrode er p  meaning of the covenant also the assignee of part of the reversion shall have  this for if it be a rend and be covenant to pay it either debt or covenant lie  for it which the assignee may have if it be a sum in gross to be pay there be  must be a assignee of the whole estate or not to have it so be winter case  Elizabeth dyer fol also it have be adjudge that a assignee of part of the  reversion be within the statute of h cap for the statute say any grantee or  assignee shall take benefit of this as touch the objection that it be not aver  that mary the first assignee of the reversion for life be live at the time of  the action bring this be not needful the law give this action at the time when  this rend be behind she be then live but die afterward for this rend so behind  in her life time the action of covenant well lie she be live when the rend be  behind and so the plaintiff here be sufficient entitle to have this action of  covenant coke chief justice this be as common as may be that a assignee of a  reversion for part shall have the benefit of a covenant and so it be in hill  and Granges case in Plowdens commentary there be no great difficulty in this  case benign to explain are imerpretationes ut res to greater extent to be  strong how to pass away here the lessee do covenant to pay to he his heir c so  much yearly will you now have this rend to go to the executor it can so be his  meaning appear plain to be to pay this unto his heir to come together be the  agreement here of both party and here be right of way for cattle contra  sharply if he have say I agree that you shall have such a rend this have be a  good rend and shall go with the reversion and when I do read Browning and  Bestons case be by indenture I do then take this clear to be a rend as for the  other point I do hold it clear that the grantee of part of the estate be the  plaintiff shall take benefit and advantage of this covenant here in Leonards  case in the c b it be adjudge that a grantee for year of the reversion shall  take advantage of a condition within the statute of h cap and it be very plain  and clear that such a grantee may have a action of covenant at the commonlaw  the old difference be between a covenant personal and real this appear in  Spencer case pars fol where diverse case be put to this purpose as to the  matter of averment the lease be make here by mary taverner who have the  reversion for life for year to the plaintiff if she shall so long live with a  covenant for the quiet enjoy of it mary the lessor die the covenant well lie  for the rend behind in her life time if a man make a lease reserve rend  habendum for many year so that the reservation be place before the habendum  yet this be good and the judge by their construction be so to martial the word  as to make it to be a reservation of the rend for the whole term here the  plaintiff have just cause of action for this rend and this action of covenant  here by they bring for the same be well bring Bulstrode dodderidge justice the  statute of h cap extend the condition as large as the covenant and a lessee  for year be within this statute to take benefit thereby as to the averment  there be no question at all to be make of it but if mary the grantor of the  reversion for year if she shall live so long if she die after the cause of  action do grow this death of bers shall not take away their remedy by way of  action for that rend which be due before her death which be this rend for  which the action of covenant be here now bring if one bring a action as the  assignee of I S will this abate the action to say that I S be dead clear it  will not Haughton justice and the whole court agree with he herein and that  the plaintiff here have good cause of action for this rend which be behind in  the life time of mary their grantor and for which rend this action of covenant  be here well bring by they and so by the rule of the court judgement be give  for the plaintiff