also and Dennis against Henning in b r rot in a action of covenant the case be  thus Thomas Tavener by indenture primo James do demise land to one Salisbury  for year and by the same indenture Salisbury do covenant grant condescend and  agree with taverner his heir and assign that he his executor and administrator  shall pay to taverner his heir and assign per annum and after taverner demise  the same land to mary taverner for life and he demise the reversion for year  to the plaintiff if he so long live and the tenant attorned and for rend due  at the Feast of saint Michael he bring his action of covenant and the first  question be if this be a sum in gross because the lessee covenant to pay this  as a rend and resolve by cook chief justice and the court that this be a good  reservation of rend for it be by indenture and their intention be to have it  as a rend and the word of the indenture shall be account to be his who may  most proper speak they h Elizabeth h h and the case between Owen Whitchett and  fox in replevin this term where a man make a lease for year render rend and  the lessee covenant by the same deed with the lessor that he will not alien  without his assent upon pain of forfeiture and after he alien and the lessor  enter Owen er p and it be hold by the court that this be a condition although  the plaintiff do covenant for be by indenture they shall be the word of both  and the word sub penalty forisfacturae be the word of the lessor the second  point be if the assignee for year may have a covenant and it be hold he may  for it be for payment of rend and if the lessee covenant to do any thing upon  the land as to build or repair a house there a covenant will lie for the  assignee by the commonlaw but if it do not by the commonlaw yet it be clear  that it will lie by the statute of the h and the court hold that a assignee of  part of the reversion may take advantage of the condition or covenant so that  he have part of the reversion of all the thing demise and cook chief Justice  say that the opinion of Mourson Elizabeth a be good law pasch Elizabeth