case parker against harris Trinity term will mary roll in debt for rend on two  demise one for seven year the other at will it be sufficient for the plaintiff  to declare that he be possess of the premise without show what estate be have  S c vent S c skin S c holt error of a judgement in the common plea in a action  of debt for rend wherein the plaintiff Harris declare upon two demise  videlicet of one message be in et super slope de Hampstead hill England the  rise of Hampstead hill habendum for seven year pay eighteen pound a year c and  upon another demise at will pay after the rate of eighteen pound a year during  the continuance of that demise modern the defendant plead in bar that tempore  dimission to say before the plaintiff nil to have in property c the plaintiff  reply that before the demise make by he to the defendant the Lord Wotton  demise to the plaintiff a piece of land with a old house and barn be parcel of  the premise for forty year the say Lord Wotton adtunc et ibidem full power law  et distinction to have so to demise it c by virtue whereof the plaintiff be  possess and make a lease to the defendant modus et form c to this replication  the defendant demurrer see the plead vent a a exception be take to it that the  plaintiff ought to set forth what estate the Lord Wotton have when he lease to  the plaintiff and that full power law et distinction be not sufficient without  show what estate he have and this seem in the court of common plea to be a  good exception it be upon a demurrer see SC vent b then it be object against  the plea that the defendant have set forth that tempore dimission the  plaintiff nil to have in property it shall have be time because the plaintiff  have declare upon two demise and he may have a title when one be let though  not when the other be demise and this seem to be a good exception to the bar  for that the defendant ought to have plead distinct to each demise see SC vent  c but then a exception be take to the declaration that there be no place lie  for the premise demise for in et super slope c be only a description of the  situation and of this opinion be the chief justice but the other three judge  hold that the venue shall come out of Hampstead which shall be take for the  will and that as well as if it have be say at slope and so judgement be give  for the plaintiff and now it be argue in the court of king bench that if  Hampstead be presume to be a will it be but part of it and for that reason the  venue be ill for it be not good de balliua because it be uncertain in the  limit if it be intend to be lieu well known then it be nought if allege to be  out of the will or parish and for that reason a venire facias de Lincoln inn  have be adjudge not good modern then as to the objection that there can not be  a venue from the place where the land lie it be in et super slope de  HampsteadHill it be answer that this must necessary be intend to be a will  hamlet or lieu well known if neither then it may be a lieu well known out of a  hamlet which the defendant ought to have modern er p plead in abatement but  the venue must come from Hampstead because it be say in et super slope de  Hampstead now in and at be of the same signification and it be admit that if  it have be at slope c it have be good see the yearbooks Henry pl Edward pl the  book of assize ass pl Mod ld ray and note it be say in S c Carth that the  judgement be reverse on this objection for super slope c be not sufficient  venue S c vent S c post a then the second count be upon a lease at will render  secundum raft which be not a good reservation because it may be in corn or in  any thing satisfactory beside a action may be bring every day or every hour  there be no time limit when the rend shall be it may have be good upon a  contract for good because the jury may judge of the value but not for rend and  as to the replication the same objection be make as in the common plea that  the plaintiff ought to have show what title my Lord Wotton have at the time of  the demise that the court may judge whether he have a power or not to lease  and for this there be a judgement in point in Glasss case cro James Yelv b  where the replication be that the plaintiff to have good et sufficient  position c and it be adjudge upon a writ of error after verdict that the  estate ought to be set forth but the plaintiff have judgement because alded by  the statute of Jeofails it be after verdict e contra the replication be good  in substance for when the plaintiff intend to avoid the bat he deed not plead  it so sufficient as if he have be to show his own title like the case of lodge  v fry cro James c where the plaintiff in bar to the avowry show that the land  be copyhold grantable in possession or reversion for life or in fee and that  the lord grant the reversion to he after the death of W who be tenant for life  in possession and upon a demurrer because the plaintiff have not show the  beginning or by who W have the estate yet judgement be give for the plaintiff  because this be but only a conveyance to his title and not the title itself  cro car d modern last the payment secundum raft must be in money and can be  intend in no other thing because it be in the case of a tenancy at will the  reservation will have be good if it have be in a assumpsit or covenant it  amount to no more than a contract between the party in the case of Titus v  Perkins Mod a a custom be set forth to pay a fine so much containing ten each  top tantus terrae to be strong per annum tempore admission and it be adjudge  good because it may be help by a averment that the land be worth so much that  year so in evidence to a jury upon the custom of a manor cro James b that the  land be demisable pay the Triple value of the rend for twentyone year and if  the termor die within the term that his heir shall have it pay one year rend  as a fine certain and if he assign it then the assignee be to pay one year  value of the rend this seem to be a uncertain custom throughout yet it be hold  good service be of the same nature with thing which be in render and those may  be certain in a uncertainty   light c for a man may bold of his lord to sheer  all his sheep depasture within the manor which at first be very uncertain  because he may have more or less but because it be refer to a certain manor  therefore it be hold that the lord may distrain for such a service which he  can not do if it be not certain in this case the payment secundum raft c be no  part of the thing demise but something out of it which may be reduce to a  certainty when judgement be give by the court for the damage sustain by the  detainer of the rend curian the reservation ad raft be not good it be upon a  lease at will where the time of payment of the rend shall be very certain for  if the tenant hold over a day he must pay the rend of the next quarter but  dolben justice incline that it be uncertain how long the tenant will continue  in possession he be only tenant at will this reservation may be good as to the  other objection it be hold not to be material for the plaintiff in his  replication to show his title or what estate he have in the house upon the  reason and authority allege at the bar modern er p modern and likewise the  court concur in opinion with the judge of the common plea upon the place from  whence the venue shall arise which must be from Hampstead for if it have be de  vicineto Hampstead then there can be no objection to it but because the  reservation be hold to be void the judgement in the common plea be reverse in  Michaelmas term follow