Bulstrode r Berwick plaintiff against I foster defendant in a action of debt  for rend Yel cro brown Brownl Richard Barwick make a lease of land unto John  foster for ten year render bol rend Payable yearly by equal portion at two  feast in the ear that be to say at the Feast of the annunciation and saint  Michael the Archangel or within the say term the term expire and for the  arrearage of rend for the two last year the plaintiff borough his action of  debt after the last ten d be count of the arrearage to be behind at the Feast  of saint Michael last pass which be the last feast and the last day of the  term et thus far step forth a retro and upon the general issue plead a verdict  be find for the plaintiff the defendant by his counsel move in arrest of  judgement for that the plaintiff count for so much rend due for two year at S  Michaelmas last pass whereas no rend be due until ten day after as appear in  the declaration by the word of reservation for the last half year rend William  justice the plaintiff be in this case without remedy for any part of his rend  by reason of the falsity in his action for if a man bring his action for one  thing to which he have right and for another thing also to which he have no  right his writ shall abate for all as appear by h foe by Fineux so in this  case the plaintiff bring his action for rend Payable within ten day which be  out of the term and so no rend by force of the reservation nor yet a rend  within the word yearly and therefore the whole writ ought to abate this last  rend be reserve and Payable out of the term be no rend croak justice to the  contrary although the lease be end at Michaelmas yet the duty as to the rend  remain by reason of the contract between they anon the ten day be only a  liberty give to the lessee for his benefit the which he can use to defeat the  lessor of all his rend in a action of debt bring for the arrearage of such a  rend where ten day time of payment be give he be to say in his declaration  Bulstrode er p pro dvobus year limit at Michaelmas and not limit after the ten  day and where the rend be reserve Payable at Michaelmas or within ten day  after during the term he may demand the rend at Michaelmas and the lessee  shall not have the liberty of ten day for the last payment Yelverton justice  and Fleming chief justice agree herein clear and that for this reason because  that this election be a agreement make between the party at the time of the  lease make and when in such a case that happen so that no election can be make  by this agreement between the party be go Bulstrode and determine and when the  term flow out no election can then be for the ten day after the term end for  that by this determination of the term the lessors remedy by way of distress  be good and therefore the contract shall be also determine and this shall be  vest in the lessor present after Michaelmas as a proper duty so his action  well bring accord to the agreement between the party ground upon the contract  and by no intendment it can be otherwise construe for that accord to the  express agreement make between the party the rend reserve ought to be pay  during the term this case be end by agreement between the party after they  perceive which way the court incline in their opinion the better opinion of  the court be clear for the plaintiff