case HAVERGILL against hare Hilary term James roll if a rend charge be grant  in fee with a clause of distress and a fine be levy of the land to the use and  intent that if the say yearly rend shall be behind and no sufficient distress  the grantee his heir or assign may enter till the rend be pay on half a year  rend become arrear the grantee may enter for this be not a a roll ab b in the  abridgement of this case roll it be say that William can not devise this  possibility during the six year for until they expire he have no interest but  in roll Abr that his executor shall have it because it be a possibility fix in  the testator and depend only on the act of God for its perfection croak James  er p condition but a limitation to the use and shall be construe accord to the  intent of the party   light roll ab roll ab more Leon side Fearne Bac ab if a  rend in fee be grant and a fine levy to the use intent and purpose that if the  rend be arrear the grantee may enter it create a contingent and future use to  rise on the nonpayment of the rend and be transferable over by bargain and  sale with the rend a fine levy to the grantee of a rentcharge with a power  limit by way of use to enter on nonpayment of the rend and retain until he be  full satisfy convey to he on entry a estate in possession of which his lessee  may maintain ejectment for it be quasi a conditional inheritance until the  rend be pay queen if a man grant a rentchar in fee and covenant to levy a fine  to the use intent and purpose that if l rend be behind the grantee then and  from thenceforth may enter c and afterward the fine be levy whether he can  enter for rend arrear due and demand before the fine be levy ejectment of a  lease of William fisher of land in plumstead for three year upon not guilty  plead a special verdict be find that William Parker be seize of that land in  fee and the saint October James by indenture enrol within six month grant a  rend of twenty pound a year to Isaac warden and his heir and assign Payable at  Michaelmas and the annunciation with clause of distress and by the same  indenture covenant for himself his heir or assign upon request by the say  Isaac warden his heir and assign to levy a fine of the say land to Robert hill  and William Pewall which fine shall be to the use follow and that they shall  stand and be seize to the use intent and purpose after express that if it  shall happen the say yearly rend of twenty pound to be behind and unpay and  that not sufficient distress can be find upon the premise or any rescous  poundbreach or replevin shall happen to be make that then and from thenceforth  it shall and may be lawful for the say Isaac warden his heir and assign into  the say land to enter and to have and enjoy the rend thereof until the say  rend of twenty pound with the arrear thereof if any be arrear be full satisfy  to the say Isaac warden his heir or assign they find that the say Isaac warden  by deed indent and enrol within the six month June year James bargain and sell  that rend to William fisher the lessor with all penalty forfeiture profit and  advantage comprise in the say indenture that in October James the rend due at  Michaelmas be arrear be demand by William fisher and not pay nor yet be pay  that in Trinity croak throw term James William Pewall at the request of  William fisher levy a fine to the use comprise in the say first indenture that  afterward September James William fisher distrain for this rend of ten pound  due at Michaelmas James and impound the distress and the defendant sue a  replevin and have the distress deliver by replevin and that William fisher  enter and let it to the plaintiff for three year prout in the declaration and  the defendant oust he et si c this case be often argue at the bar and  afterward at the bench the first question make be whether the entire rend not  be arrear but only ten pound for half a year be a cause of entry within the  proviso for that the word thereof be if the say rend of twenty pound be arrear  and do not say I or any part or parcel thereof c and this be a condition ought  to be take strictly But as to that all the justice agree that it be a  sufficient cause of entry for the rend be arrear and he may have a assize de  To give back predict although half a year rend be only in arrear and it be  within the word and intent of the condition also this be not a condition but a  limitation of the use which be to be construe accord to the intent of the  party and the word be not if twenty pound rend be arrear but if the rend of  twenty pound be arrear and that be say to be arrear if any of the half year be  arrear wherefore this nonpayment of the ten pound and replevin bring upon the  distress be sufficient cause of entry croak James er p the second question be  whether this contingent and future use to rise upon nonpayment of the rend and  the replevin sue upon the distress which be limit to Isaac warden his heir and  assign be transferable over b that this indenture of bargain and sale for it  be strong urge by the defendant counsel that it be a matter in privity and  possibility only which be not transferable before it fall in be but all the  justice resolve that it be a matter of inheritance and be for the security of  the payment of rend and wait upon the rend may well be transfer with the rend  and by the grant of the rend the penalty and advantage well pass but if it  have be a mere possibility or a contingent estate not couple with any other  estate then it have not pass three admit it to be a sufficient breach and that  he have the title well convey to he the question then be what estate he gain  by his entry because the word be that he shall enter and retain until he be  full satisfy whether he have such a estate as that he may make a lease for  three year out of it and whether the lessee upon such a lease may maintain a  ejectment for it be much insist upon and very strong urge at the bar to the  contrary but only that he shall have the land quasi as a pledge or as tenant  at sufferance until the rend be pay croak throw but all the justice resolve  that he have such a estate that he may make a lease and that this lease be  good until the rend be pay and it be quasi a conditional inheritance which  shall go to his heir and assign but always determinable upon the payment of  the rend as in the case in Littleton feoff reserve rend upon condition to  reenter and retain until he be satisfy it be no absolute defeat of the estate  but a retainer as a pledge vide ass pl Henry pl Edward pl dyer Henry pl   the  four question be whether this rend of ten pound due and demand before the fine  levy at which time for nonpayment no use can be raise and afterward the fine  be levy and then a distress be take for the rend due before the fine levy and  afterward replevin sue thereupon give title of entry to William fisher and in  this point the justice be divide Houghton and Doderidge hold that he have not  any title to enter for this rend be due before the fine levy by the levy of  the fine the use wear raise and not before and that can extend to the rend  former arrear for it ought to be arrear after the use raise and there ought to  be a distress take for that rend which be arrear after the use raise and not  to any rend before for the word be if the rend be behind and distress take and  replevin sue then c which can refer to any rend due before the fine croak and  Montague hold that the fine levy and the first indenture James which be before  the rend due be but a assurance and therefore be levy have his essence for the  raise of use and be guide by the first indenture which be long time before the  rend due for the execution of all thing executory respect the original act and  shall have relation thereto and all make but one act although do at several  time as the earl of Rutland case a covenant to levy a fine of a hundred acre  within the year the year expire and a fine be levy of eighty acre the fine  shall be to the first use also there be no cause of entry but for the distress  take and the replevin sue which be both after the fine wherefore they hold  that he may well enter but if the distress have be before the fine levy and  the replevin after it may peradventure have be otherwise wherefore for this  point they will advice