case harrington against wise Michaelmas term pound Elizabeth roll article by  which it be covenant and agree that a do let the say land c amount to a  immediate lease and a proviso that the lessee shall pay to the say a annual c  be a good reservation of rend and not a condition ante Noy roll Abr roll Abr  more cro James hob palm wood con strange b r h Com dig Bac Abr Peer will Peer  will Bac Abr term Rep term Rep debt for rend upon a lease d September of land  in Newadham in the county of Warwick hahendum a holiday consecrated  Hicand  proxim future for five year render per annum at the two feast the  defendant plead nothing dehet c a special verdict be find that there be  certain article indent in write of the say date whereof the plaintiff seal the  one part to the defendant and the defendant seal another part to the plaintiff  which be in this manner imprimis it be covenant and agree hetween the party  that James Harrington do let the say land for and during five year to begin at  the Feast of saint Michael next follow provide always that the say wise the  defendant shall pay to the plaintiff annual during the term at the feast of  saint Michael and the annunciation by equal portion also the say party do  covenant that a lease shall he make and seal accord to the effect of these  article before the Feast of all saint next ensue and they further find that he  enter by force of that demise and that the rend be arear prout c and if c two  point be move first whether it be a immediate lease or but a agreement to have  a lease make by reason of the last word which refer to a lease to he make and  seal but all the justice hold it to he a goodlease for the word it be agree  that he do let be in the present tense be a good lease by the word of the  agreement and that which klows be in reference to further assurance c and the  rather as it be here for that it be to he make after the heainninLy of the  term so he ought to have the term present at Michaelmas Henry pl Edward bro  lease second whether this proviso croak Elizabeth er p be a good reservation  of the rend or a condition only for that there be not any word of agreement to  pay it nor any reservation but all the justice hold that it be a good  reservation for be by article whereto both of they be party it be a agreement  that the rend shall he pay annual during the term which tantamounts as if it  have be a reservation upon the lease by word of reservation and Popham say  that it be a reservation and condition also as in the case of sir Henry  herkley a where a proviso join with the word of covenant make it a condition  and a covenant also and it be adjudge for the plaintiff