chancery report harding con countess OF suffolk car f annuity rentcharge c the  plaintiff suit be for a rentcharge of pound per annum grant by the late earl  of Suffolk with the privity and consent of the say countess march James to sir  John townsend decease during the life of the plaintiff Katherine to be issue  out of the manor of Walden in trust and for the use of the plaintiff Katherine  which annuity be duly pay with the consent of the say countess all the  lifetime of the say late earl ut the countess after the say earl death seek to  avoid the say annuity pretend a precedent lease make by the say earl James for  many year yet to come to certain person in trust for the say countess of the  say manor and land out of which the say rend issue and because the premise  charge with the say rend lie intermix that the plaintiff can make no distress  for recovery the plaintiff be remediless at law for avoid which lease the  plaintiff produce a fine levy by the say late earl and the now earl in mich  term James of the say manor and land of Walden and though no indenture  chancery report can be produce to lead the use of the say fine yet they all  allege that the say fine be to the use of the say countess for her jointure  and that she enjoy the same by virtue of the say latter conveyance and not by  chancery report er p the say lease and so the say rentcharge ought not to be  impeach and it do not appear that the say lessee for the countess ever make  entry or claim by virtue of the say lease since the fine this court at the  first hear upon this matter declare that the say lease and fine be both  considerable it be then object that howsoever it be the plaintiff ought not to  be relieve in equity for that there be no consideration for the say rentcharge  which may move a court of equity to relieve the plaintiff any further than the  law will relieve he the Lord keeper take time to peruse all the plead in this  Cause before he will deliver his judgement then the plaintiff petition the  king most excellent majesty who refer the consideration thereof to the Lord  privy seal and some other of that lord of the privycouncil before who the  matter be debate at large but no end be make by they the plaintiff chancery  report petition the Lord keeper inform he of the say reference and that it  appear to the referee that the countess have a indenture make by the late earl  lead the use of the say fine and that the say lord referee be of opinion that  the say indenture be material shall be produce by the countess which the Lord  keeper order to be bring into court which the countess still refuse to do so  the Lord keeper and Lord privy seal now hear the Cause upon the merit thereof  and have mature advice thereof be clear of opinion that albeit no Cause be  prove yet in respect the plaintiff suit be upon a trust they may and ought to  be relieve for that the suit be not to make up or amend any validity of the  deed in point of law the deed be valid and good enough but the suit be to have  the trust perform for which the plaintiff can sue at law and to be relieve  against the confound of meet and bind so that one manor be not know from the  other which be usual relieve in this court but as touch the say lease their  lordship declare that if it can not be impeach the plaintiff can not be  relieve their lordship conceive that unless some entry or claim be make to  chancery report avoid the say fine in James the say lease in James be thereby  bind up in law and can be set on foot to avoid the plaintiff rentcharge so  that the plaintiff ought to be relieve in equity both against the say  rentcharge and arrear but their lordship further declare that if the countess  bring in the say lease and deed and can thereby avoid the fine then that may  alter the case but if she can avoid the fine then it must be decree as  aforesaid and their lordship order the countess shall leave with the register  of the court the point on which she will insist for avoid the say fine or  uphold the say lease against the say fine and both party to prepare for that  purpose and their lordship declare that if a decree shall pass against the  countess and she not yield obedience thereto then all the manor of Walden  shall be subject to a sequestration for the satisfy of the say decree that the  say deed and lease be produce and the defendant point to avoid the fine be as  follow videlicet in these word the countess have land of good value of her own  inheritance and dowable of the earl land join in a fine at the earl request of  her own land and chancery report part of his land in lieu whereof the earl  make a lease of diverse land in Com Essex to Roger pennel for diverse year yet  in be in trust for the countess and after grant the say rentcharge unto sir  John townsend of part of the say land lease the earl die this rend be neither  in law nor equity as the say countess conceive to be lie on the say LeaseLands  during the lease the earl during his life and the countess since his death  enjoy the land so lease by permission of the say pennel as tenant at will to  he in which case no fine levy by the earl can debar pennel and not like to  Saffynes case where the termer be put out of possession and then a fine levy  in which case he be tie to claim but not here also though it need not pennel  within the five year make entry and claim the earl be seize of some land in  possession and of the land lease to pennel in reversion levy a fine of both  this fine work distributive for part in possession part in reversion and do  not turn the estate of pennel into a right and consequent do not enforce he to  any entry to avoid the fine chancery report the countess within five year  after the fine in the behalf of the lessee make entry and claim and do the  like within five year after the earl death chancery report er p and the  countess be hear upon the say point none of they can be prove nor can prove  that pennel ever fear a counterpart of the say lease or ever accept of the say  lease or ever so much as know that the say lease be make unto he or that  pennel ever have possession of such part of the premise as be out of lease or  that he or any for he make any entry into the same nor that he receive or  claim by virtue of any lease or estate make to himself any rend of such land  contain in the say lease as be demise to undertenant but such as he receive he  receive as servant to the earl so upon the whole matter their lordship declare  the point insist on by the say countess to avoid the say fine and support the  say lease be not make out and be of opinion that the say lease be a sleep  lease and that no fruit or use be make thereof either before the say fine or  after and be bind up in law by the say fine and proclamation and nonclaim of  pennel and can be set on foot to avoid the plaintiff rentcharge but the  possession which chancery report the countess have of the say manor since the  death of the say earl and now have be by and under the say fine and the  indenture lead the use thereof direct by the indenture of use now produce by  which the same be limit to the say countess for life in remainder after the  say earl for her jointure and therefore the plaintiff ought in equity to be  relieve both for the say annuity and arrear and decree the same accord