coke b knight case mich Elizabeth in the common plea see hide v warden ex d a  lease be make by a prior and convent of several house at the rend of l S d at  the four usual feast sure for one house l S d for another S and for the other  several rend residue of the say rend of l S d with condition of reentry if the  say rend of l S d be behind in part or in all the say house come to the king  hand by surrender and by h the king by letter patent under the great seal  grant one of the house for which S of the rend be by the say lease reserve to  the lessee and another in fee the lessee die afterward it be find by  inquisition on a commission under the exchequer seal that S d parcel of the  say rend of l S d be behind and that afterward the queen before the commission  return and before any entry or seizure by her by letter patent under the great  seal grant the residue of the house to one in fee who make a lease to king on  who b who be assignee of the executor of the first lessee enter and upon  trespass bring by king against b it be adjudge for the plaintiff king and  resolve l it be one entire lease with one entire reservation of rend and the  scilicet be no severance of it but by apt word on one lease several yearly  rend may be reserve in the case of a common person a entire condition by  severance of any part of the reversion be destroy the patentee of parcel of  the reversion shall not take advantage of the condition but as to that part of  the land demise it be altogether discharge of the condition as to the residue  of the condition it remain with the reversion which the king have in the  principal case the king may take advantage of the condition without demand the  office find more than real be due yet be sufficient for the breach of the  condition be in the nonpayment of rend or any part of it and the traverse must  be that the say sum or any part thereof be due also the juror in Middlesex may  find what be the usual feast in London on a clause of reentry there must be a  office but if the office be find though not return before the grant yet if it  be afterward return the grant be good and the lease be void by the office  without seizure a inquisition by force of a commission under the exchequer  seal be good for chattel SC I Anders Leon more Goulds Carth salk Cr Elizabeth  in a action of trespass between knight and breech the case be the prior of  saint John of Jerusalem year h make a lease by deed indent with the assent of  his convent under their common seal of diverse house in Clerkenwell in the  county of Middlesex for year yet endure yield the yearly rend of S ld at four  feast in the year usual in the city of London sure for one house ld for  another S and for the other house several rend residue of the say rend of S ld  with condition that if the say rend of S I d he behind in part or in all at  any of the say feast that then the say prior and his successor shall reenter  and afterward the say priory and all the possession thereof come to king h by  surrender of the say prior and convent and by the statute of h which king iil  the that year of his reign by his letter patent under his great seal grant one  of the house for which S of the rend be by the say lease reserve to the lessee  and another in fee and afterward the lessee die and afterward it be find by  inquisi coke report a er p cion in the county of Middlesex year Elizabeth by  force of a commission under the exchequer seal that S d parcel of the say rend  of S d reserve by the say demise for the residue be behind at the Feast of  saint Michael for a quarter of a year then last pass and that the say Feast of  saint Michael be one of the usual feast of payment in London and that  afterward the queen before the commission return and before any entry or  seizure by her by her letter patent under the great seal grant the residue  coke a of the house to the one in fee who make the lease to the plaintiff  knight on who breech the defendant the assignee of the executor of the first  lessee enter against who knight the plaintiff beseech a action of trespass and  this notable case be often argue at the bar in the common plea and afterward  open by the justice at two several day and because the court be divide in  opinion this case be argue in the exchequer Chamber before all the justice of  England and after argument at bar and diverse conference have among the  justice at sergeant inn it be adjudge for the plaintiff and in this case these  point be resolve that it be one entire lease and consist on six unity the  demise be make by one word of demise to one lessee to have one beginning one  term of year one determination of it one reservation of rend in gross at the  first and the videlicet afterward do not make a severance of it as this case  be but be rather a several declaration of the several value of each parcel by  which it appear how and for what rate the Bulstr hob lev roll post b a whole  rend of S I d be reserve but it be resolve that on one lease several yearly  rend by apt word may be reserve for the reservation of the rend be not of the  substance of the lease for a lease may consist without any reservation either  for part or for the whole and therefore if a man make a lease to b of the  manor of dale sale and down to have and to bold to he the say manor for year  render yearly out of the manor of dale in that case the manor of dale be only  charge with the say rend and the manor of sale and down be not charge with it  and in that case the rend be incident to the reversion of the manor of dale  only and if in that case the lessor grant over the reversion of the manor of  sale and down yet the whole rend of do remain with the lessor and the lessor  or his lessee can distrain for this rend in the manor of sale and down and in  the same case the lessor may have reserve a rend of out of the manor of dale  during year and out of the manor of sale during year and out of the manor of  down to commence year after and one on a condition precedent another on a  condition subsequent and the three absolute and to be pay at several day and  place in which case without question the rend be several and for the rend of  the one the lessor can distrain in any of the other and a surrender of one  manor will not extinguish the rend for the other and therewith agree Elizabeth  die in winter more Anders Cr Elizabeth Leon Goldsb hob roll Cr car Bulst die  pl a case by three justice e b ass pl e and such construction agree also with  the true intent of the party which be always to be observe when it may by coke  b reasonable construction consist with the rule and reason of the law vide e  ass p Elizabeth die ass p ass p ass but in the case at bar it be resolve that  the rend be Bulst hob lev roll more salk b entire because first the lessor  reserve the yearly rend in the singular number of S I will and afterward when  the lessor come to his condition for payment of the say rend the condition be  also in the singular number sure if the say rend of S I d he behind in part or  in all so that it agree with the word of the indenture which import the intent  of the party that in this case it shall be one entire rend and if it shall be  several rend then a question may be make of the validity of the condition  which extend to the say rend c in the singular number send   light a b b Bulst  c benign faciend are interpretation chartar near simplicity laicor ut res   a    b   a   b keb Mod Rep Jones d to greater extent to be strong how to pass  away and by this construc coke report a er p cion all the part of the say  indenturewell agree with themselves and with the law also and the difference  between this case and the say case of before a dyer more   b e winter be  because there the reservation be several and here on consideration of the  whole indenture entire quod notam bene it be resolve I that admit they have be  several rend yet forasmuch as the condition be entire give one entire entry  into the whole for default of payment of any part by the severance of any part  of the reversion if it be in the case of a common person roll   light a   a  Styl Fitzgib f the whole condition will be destroy Acc per Bayley Holroyd be  Twynam v Pickard barn Ald a and therewith agree the judgement in the say case  of winter Elizabeth dyer the great doubt be whether this be in the king case  if the condition by the severance of part of the reversion be destroy or shall  be apportion and it be object that the lease in the case at bar be make by  common person and the reversion thereof be vest in the king by their surrender  and by the Act of h in which case the king can take it in other manner than  the subject have it before for the parliament which give it the king shall  bind the king as well as the subject and his prerogative shall not be extend  to do   b b   a Inst   light b e a Plowd b a Cr argument roll Rep Noy more  godb   b day a b g wrong or injury to any subject as it be hold in e a h Br  Quinzim e e Stamford blow Com nichols case it be object that if the condition  in this case shall be divide the law and nature of the thing will be alter by  the king grant and that the king can do for he can alter nor change the law or  custom of the land by his patent vide h h b a h S patent Br c if the condition  shall be divide he will make two condition of one and the lessee will be  subject to two and for the nonpayment of the rend to one the other may enter  and many absurdity will follow thereupon all which will be avoid if accord to  coke a the rule of law the condition shall not be divide but on great  deliberation and the justice of the common plea have diverse conference with  Wray chief justice of England manwood chief baron of the exchequer and all the  other justice at last on mature consideration it be resolve that the Bulst  style   light a roll b patentee of parcel shall not take advantage of the  condition but as to that part of the land demise it be altogether discharge of  the condition but it be also resolve that as to the residue the condition roll    c remain with the reversion which the king have accord to more be report of  this case it be argue by periam and Windham that the condition be go and by  Anderson and Rhodes contra and at length the cause be end by agreement  Anderson in his report state that the chief justice of king b the chief baron  and two other baron of the exchequer agree that the condition be not go Vid    Litt a vin ab condition d that in the king case the condition be not destroy b  and so no prejudice to any party nor wrong do to any by the king prerogative  nor the king by his grant do not alter the law for the law make a difference  between the king grant who always be presume to intend steep place royal power  pro good public all e and the grant of subject who may follow their private  business for the grant of subject be always take most strong against they but  the grant of the king be take and interpret by a favourable and beneficial  interpretation so that no prejudice shall accrue to he by construction or  implication on his grant more than he true intend by it and therefore if the  king grant land to I S and his heir and in truth I S be the king villain it  shall not Plowd Goldsb side d enfranchise the villain by implication the same  coke report b er p law of a Leon Plowd b e alien bear e   b f the advowson of  a prebend hold of the king be alien to a abbot and his successor and the king  grant to the abbot and his successor that the abbot and his successor shall  bold the prebend to his own use yet he shall seize the advowson for the  alienation in mortmain and shall destroy the appropriation for he shall not be  oust of his right to the advowson by implication and in r e and h if two Leon  side h a Br charter de pardon Inst g be indebt to the king and the king  release to one it shall not discharge the other and in h h if the king release  all   light b h demand a right of inheritance shall not be release a the king  grant land in fee on condition that he shall not light sect   light a Leon  more Goldsb   b   b hob Br condition dr student a a h b h b h a h a Br prerog  e a Plowd a I alien it be good but in all these case it be otherwise in the  case of a common person I and in many case the king who claim by a subject  shall be in a better case in respect of the dignity and prerogative incident  by the law to the royal person of the king than the subject himself by who he  claim as if the king have a rentseck by attainder of treason or by grant h b  Leon e a Inst Inst before a Hardr Plowd a b a   Br prerog Fitzherbert grant e  a Fitzherbert prerog Br distress Goldsb a he shall distrain for it not only in  the land charge but in all his other land and yet the subject by who he claim  shall not distrain for it if a subject have a Leon Goldsb Plowd a b  recognizance or bind and afterward be outlaw or attaint the king shall seize  all the land of the conusor or obligor whereas be himself can have but a  moiety   a more h b Plowd a Fitzherbert prerog Br prerog Br condition Br entry  congeable c so in the case at bar the king shall take advantage of the  condition without Cr James f n b f hard lane d demand and coke b yet the prior  himself under who the king claim can not reenter for default of payment of the  rend without a demand make and if the king purchase a signiory of which land  be hold by posteriority the king shall be in a better condition than the  subject from who he claim and shall have the priority and so likewise shall  his grantee have in such case as it be hold in e guard it be resolve that  although there be S d which be find to he behind at Michaelmas which be more  than be due at any one quarter f the year yet it be sufficient for the king  when the office have matter and substance for the sole and substantial point  which prove the breach of the condition be the nonpayment of the rend or any  part of it and it be not material how much rend be behind for if any part be  behind it be sufficient and the party who traverse ought not to traverse that  the say sum of S d be behind but that the say sum of S d or any part of it be  behind and every office be the find of lie people which have matter and  substance shall serve the king although the manner of it be not so formal as  it may be and therefore if it be find that the rend for one whole quarter be  behind and in truth but part of it be behind it shall suffice for the king  also that the juror in Middlesex may find which be the usual feast in London  be another county post   a e it be resolve I Anders Cr car more dyer pl f that  although without office the lease be not void because a clause of reentry be  only reserve as appear before and no limitation that coke report a er p for  nonpayment the lease shall be void and although the office be not return  before the date of the patent yet for as much as the office be find before the  grant and afterward it be return of record the grant be good c this resolution  be not notice in Anderson report but more be report of this case in c b state  that three judge against one agree with the resolution as state by Lord coke  Vid say c and that in this case of reentry by the office without seizure the  lease be void it be resolve although the commission g Cr Elizabeth Cr car   a  before a Hardr g be under the ExchequerSeal yet forasmuch as thereby a chattel  sure a lease for year shall be void the inquisition find by force thereof be  good enough although the commission be not under the great seal and so note a  difference between this case and page case before and afterward the plaintiff  accord to these resolution have judgement to recover