Bulstrode SHURY plaintiff against brown defendant enter Termin Hillar James b  r rot debt for rend latch Benl in a action of debt for rend reserve upon a  lease for year bring by the plaintiff as a assignee of a assignee the case and  point rest upon the word of reservation the lease for year be make render rend  in this manner S reddend ind annuatin durante boundary prediction a certain  rend to he and to his assignee and die whether his heir and his assignee shall  have this rend or not be the sole point insist upon for matter in law for the  plaintiff it be urge that this rend by the word of the reservation shall  continue during the whole term and by the word subsequent it be sufficient  denote who shall have the rend by h fol rend reserve during the term general  this shall go with the reversion e fol by Littleton a lease make for year  without mention of heir because the heir be to have the reversion he shall  also have the rend so be the book of h dyer fol the lessor and his heir shall  have the rend general e Fitzherbert title voucher plea that the rend reserve  shall go to he who have the estate and with this agree Plowdens commentary fol  l in hill and Granges case and coke pars fol l Malloryes case the reservation  in the principal Bulstrode er p case be yearly during the term to he and to  his assignee and this be a sufficient denotation of the person who be to have  this rend for the defendant it be urge that the plaintiff here bring a action  of debt for rend as a assignee that the rend here do not continue because it  do not appear that John Shury be live and this be not aver pasch e Fitzherbert  title assize plea assize for a rend touch the several word of reservation l  Whitlock justice the rend here be to have continuance be reserve during the  term and the heir shall have this and the reason of this be because a lease  for year be a contract and in this because there be quid pro quo the law  favour this recompense S the rend for the land and therefore the same be to  have continuance during the term and this be natural equity de jure common and  the law favour this recompense this be law commutativum which the law favour  if one make a feoff in fee and do not express a use and consideration the law  then say that this shall be to the use of the feoff here the law give a  recompense for that which be pass from he if one make a lease and no  reservation of any rend in it the law reserve fealty for he and that he shall  give his attendance in f h dyer there be a general reservation and so this  leave to the construction of law coke pars in Malloryes case a reservation to  a abbot and his successor this be good there to both commentary fol l in hill  and orange case rend reserve Payable at mich and ladyday and this lease make  in January he will have the first Ladydays rend by construction of law in this  principal case here the contract of the party be plain that the rend be to  have continuance during the term and the law will uphold this Q h fol to prove  that the rend shall go to the heir where it be not reserve to he by express  Bulstrode word and this by reason and construction of law and so it shall be  here in this case and so upon the whole matter the rend here continue to the  heir or to the assignee of the whole land during the term and that judgement  ought to be give for the plaintiff Jones justice agree herein for the  plaintiff that the reservation here shall be to he and his heir and he have  alien the reversion the alienee shall have the rend e Fitzherbert title assize  for rend plea that the rend shall go to the heir but this be not there resolve  in Browning and Bestons case in the commentary there the reservation be not  during the term as here in this case it be e Q fol and h fol a opinion there  be upon the point of reservation in what manner the rend shall go and there  fol some other opinion there be as touch this and so in h dyer but this case  here very much differ from the case where the reservation be to the lessor  himself particular for here in this case there be a express reservation of the  party himself durante boundary prediction annuatin to the lessor and to his  assign but if the same have be reserve annuatin to the lessor during his life  then the same rend shall have have no long continuance I ground ill opinion  this way upon hill and orange case in the commentary if rend be reserve  annuatin durante boundary prediction the first payment to begin two year after  this control the word of reservation but it be not so here in this case if we  shall not make such a construction in this case we shall then go against two  judgement the one coke pars in Whitlocks case and the other coke pars in  Malloryes case here the rend be reserve annuatin durante boundary prediction  and the limitation of the payment come afterward S to the lessor and to his  assign in Malloryes case there it be render rend to he or to his successor  this rend shall not go to the successor but there the reservation be durante  boundary praeidicto the first word carry the estate for the reservation and  the other word or successor be void and so the first word to carry and to  settle the reservation the other word only for limitation of the payment for  there be no word of reservation but of limitation of payment and so in this  case the plaintiff have good cause of action and so judgement ought to be give  for he dodderidge justice I will not now deliver any bind opinion in this case  conceit be but like unto sparkle of fire I have view all the book as to the  general reason to the word of demise they be the word of the lessor and so the  word of reservation be the word of the lessor and as he do demise this so it  shall stand and as he do reserve the rend so the same also shall be by  construction of law but if he leaves this to the construction and to the  Bulstrode er p reservation of law then this to go with the estate and during  this estate the same shall have continuance if he himself de make his  reservation too short he ought to be with this content because this be his own  act so to do willing non fit in an unjust manner in a reservation there be  these three thing considerable S the quantity of the rend reserve the person  who be to have this to who it be reserve and the limitation of the time when  this rend be to be pay and all this rest in the limitation and appointment of  the lessor himself who do reserve this for the quantity of the rend this be to  be accord to that which he himself have reserve to be pay as appear by e e  where l be reserve for the last year and good as touch the person who be to  have this rend if this be general leave to the construction of law then the  law will speak for he and will make this rend to be incident unto the  reversion but if the party speak for himself and reserve this rend unto  himself then this rend shall go no further nor have any long Bulstrode  continuance than accord to his own reservation and shall then have this only  during his time if two jointtenants de make a lease for year render rend to  one of they this be good and the other shall not have it neither shall it go  with the reversion two jointtenants in fee or for life the one of they make a  lease for year render rend the other shall not have this rend because not  privy to the lease in this case here now in question if judgement shall be  give against the rend that the same be not to have continuance such a  judgement here give will not any way hurt the judgement give in Malloryes nor  in Whitlocks case in Malloryes case there be no election the word or there  take for and there it appear that the rend be to have continuance which can  not so be if or have not be take for and but the constriction there be not  make upon any word of reservation a lease for year make render S rend annuatin  durante boundary prediction this shall go to the heir there be no restraint  for there it be all one as if the rend have be general reserve but if he have  say render rend to himself durante boundary prediction the rend there by any  construction shall not be extend to have any large continuance but only to the  lessor himself who have so reserve this rend in this case now in question if  it have be demand of he who be to have this rend he will have answer that this  shall be to he and to his assign and not to his heir but he himself to have  this if he shall live so long if not then his assignee to have this if assign  over by he during the term situation that he assign this over to one who  assign it to another the assignee of the assignee shall have this rend but not  the heir where no assignment be make and so upon the whole matter the rend  here do not continue and judgement ought to be give against the plaintiff crew  chief justice there be conceit transcendent be rational and which be ground  upon the reason of law and such be not to be reject but very much to be  respect as to the reservation here this be annual durante boundary prediction  this be the contract make by the lessor to he and to his assignee these be the  word so that by the intention of the party the lessee be to pay his rend to  the lessor if he shall live and to his assignee if he die as to Malloryes case  be in case of a reservation during the term the law give a favourable  construction for the continuance of the rend and such construction be to be  make in this and in the like case as shall be accord to the meaning and  intention of the party here in this principal case the assignee of the  assignee bring this action if a lease be make render rend annual during the  term to the lessor this shall not go unto his heir for it shall be intend to  be to he if he shall live so long but if he die during the term because by his  express reservation he have fix the payment upon the lessor only this shall go  only unto he but here in this principal case the reservation be render rend  annual durante termo prediction to the lessor and to his assignee so that by  this he explain himself who shall have this rend S he and his assignee and  this differ from butcher case cite Hillar Elizabeth c b rot for there the  Bulstrode er p heir bring the action of debt and he be exclude by the word of  the reservation and so upon the whole matter judgement ought to be give for  the plaintiff afterward Bridgeman sergeant move the court in this case to have  judgement for the plaintiff crew chief justice Jones Whitlock justice  dodderidge absent be all clear of opinion for the plaintiff and accord the  rule of the court be that if cause by a time prefix be not show to the  contrary judgement to be then enter for the plaintiff and no cause be show  judgement be give for the plaintiff and execution take out