a report of a judgement give in the common bench by deliberate advice of all  the justice of the same bench in Hillary term in the that and that year of the  reign of king Edward the six between Laurence Kidwelly plaintiff and William  brand defendant in a action of trespass bring by the say plaintiff against the  say defendant see taite v gosling Ch d of a demand or tender of a rend reserve  Payable at a place out of the land out of which it issue S c dyer pl it appear  among the record in the term of saint Hillary in the that and that year of the  reign of king Edward the six rot that Laurence Kidwelly bring a action of  trespass against William brand for break his close at lomer in the county of  Southampton c and the defendant plead not guilty c and it be find by verdict  before justice of nisi prius that John Salcot abbot of the late Monastory of  hide dear Winchester in the say county of Southampton be seize of and in the  sit of the manor of lomer with a grange situate upon the say site and of and  in acre of land acre of pasture and acre of meadow with the appurtenance in  lomer above write whereof the place where the trespass be suppose to be do be  and at the say time of the trespass suppose to be do be parcel in his demesne  as of fee in right of the say monastery and be so seize the same abbot and  convent by their indenture make between the say abbot and convent of the one  part and John crop Thomasin his wife and John their son of the other part one  part whereof seal with the common seal of the say abbot and convent bear date  the saint day of September in the that year of the reign of king Henry the  eight be show in evidence lease to the aid John crop and Thomasin his wife and  John their son the say site and other the premise to have and to hold to they  and to their assign from the Feast of saint Michael next ensue the date of the  say indenture until the end of twelve year then next follow Plowden pay annual  during the say term to the say abbot and convent and their successor for the  say site and other the premise at hide aforesaid pound S d at the feast of the  annunciation of our lady and saint Michael by equal portion and if it shall  happen the say rend of pound S d to be in arrear and not pay in part or in  whole by the space of day after any of the say feast on which it ought to be  pay that then it shall be lawful for the say abbot and his successor into the  say site and other the premise whereof c to enter and then to reseize hold  enjoy and the say John crop Thomasin his wife and John their son from the same  total to expel by force whereof the say John crop and Thomasin and John their  son enter into the premise and be thereof possess and they find further that  the reversion of the premise come to the king by the dissolution of the  monastery and that the king grant it over to William now earl of Wiltshire and  to his wife and to the right heir of the earl who grant it over to the wife of  the plaintiff for her life c and they find attornment accord they find also  that the lease come from the say John crop and his wife and their son John to  one John Fernhold and from the say John Fernhold to the wife of the defendant  and they find further that because S d of the say rend for one half year end  at the Feast of the annunciation of our lady in the three year of the reign of  the king that now be be in arrear to the plaintiff and his wife after the  attornment make and before the time when c and by the space of day next after  the say feast the say plaintiff before the time when c that be to say the four  day of may in the three year of the reign of the king that now be which four  day be the last of the say forty day next after the say Feast of the  annunciation of our lady send one Walter Thomas his servant to the say site  and other the premise lease as be aforesaid whereof c to demand the say S d  and therefore the say Walter by the command of the say plaintiff the say four  day of may go to a certain place call LomersBarns parcel of the premise lease  in manner and form aforesaid and he be and tarry in the say place call  LomersBarns from the rise of Plowden er p the sun on the same four day until  the set of the sun the same day to demand the aforesaid S d of the aforesaid  rend in manner and form aforesaid be in arrear for the aforesaid Laurence his  master and to the use of the same Laurence and there be none then and there to  tender or pay the same S d and the juror aforesaid also say that the aforesaid  Laurence be in his proper person the aforesaid four day of may in the three  year aforesaid at hide aforesaid all the ten hour before noon of the same four  day to demand the aforesaid S d of the aforesaid rend inform aforesaid be in  arrear and then the aforesaid Laurence at hide aforesaid request one Richard  Bothell that if the send aforesaid inform aforesaid be in arrear shall be  bring to hide aforesaid that then the same Richard will receive the same rend  for the same Laurence which say Richard be and tarry all hide aforesaid from  that ten hour of the aforesaid four day of may until the set of the see the  same day to demand the rend aforesaid for the aforesaid Laurence and to his  use and none come to pay the same rend and upon this for default of payment  the plaintiff in right of his wife enter whereupon the defendant reenter and  commit the trespass as the plaintiff have declare and upon this the juror pray  the discretion of the justice whether the defendant be guilty or not and the  justice bad copy of the verdict deliver to they and the counsel for the party  will have argue the case if the justice bad hold it so doubtful as to need a  argument but the justice well advice themselves and at last they all agree  without open argument of counsel and by good advice they adjudge that the  defendant be guilty upon the matter and the award that the plaintiff shall  recover pound for his damage assess by the court ex quo lector four thing be  to be note the first be that although the rend be not demand on the day it be  first due that be on the day of the Feast of the annunciation of our lady nor  the plaintiff ready the same day on the land nor at hide to receive the same  rend yet this be not material nor shall it hurt his entry but he man well  enter for default of payment the last instant of the last of the day a m bro  tender b n c   Litt a post a so that the forty day only be material for the  lessor to demand the rend and the not be ready to receive the rend the first  day on which it be due be not prejudicial to he in the reversion nor be his  attendance on that day any thing to the purpose the second thing to be note in  this judgement be that when the rend be reserve to be pay at hide and if it be  in arrear by day that then c b Leon wing Max ring pl b in this case the rend  shall be pay at hide the last of the day as well as the first day on which it  be first due for although it be not say by express word that if the rend be in  arrear not pay at hide by the space of day c yet it shall have relation to the  place which be first name and so the law say that the rend shall be pay at  hide the last of the day although it be not so express in plain word the three  thing to be note in this judgement be that the plaintiff may enter without any  c S p die pl roll Abr pl and owe say contra adjudge   a more pl   Litt a t  Jones roll Abr pl Bac Abr c demand of the rend for Walter Thomas be upon the  land be not material inasmuch as he do not demand the rend in deed but be  there to demand the rend aforesaid and it do not appear in the record that be  do demand the rend aforesaid for if his be there have be material he ought to  have demand the rend although none be there ready to pay it and then inasmuch  as he do not demand the rend at all his be there be in vain and be all of one  effect as if he have be absent and so the act of the say Walter Thomas shall  not give benefit to the plaintiff nor shall aid he in his entry but the only  cause for which the entry be good and congeable be because the defendant do  not offer the plaintiff the rend at hide for inasmuch as the rend be Payable  there the plaintiff be not bind to demand it and therefore Montague chief  justice as I hear for I be absent when this matter be touch put a difference  when he in the reversion shall demand the rend and when the lessee ought to  offer it as if a man make a lease for life or year render Plowden rend at such  a feast and if it be in arrear that he shall enter there the lessor ought to  come to the land and demand the rend or else he shall never enter for the rend  be only Plowden er p Payable upon the land and the land be the debtor for in  assize for the rend the land shall be put in view and he shall distrain in the  land for the rend so that the land be the principal debtor   a b and the  person of the lessee be no debtor but in respect of the land   a   a   light b  roll r vide dyer pl for if the land be recover upon eign title then the person  shall be discharge of the rend from thence forward so that the land be the  original and most effectual debtor and therefore although the lessor be absent  yet the lessor ought to demand the rend of the land as principal debtor and as  that which may render distress if the rend be not ready upon it and if he do  not make a demand he shall never reenter for default of payment although the  lessee be absent a see ante c and the book there cite a but when the rend be  Payable in another place out of the land then the lessor be not drive by the  law to demand the rend for his principal debtor be absent that be the land and  although the lessee be present that be not material for be be not the original  debtor nor have the lessor any interest to demand the rend of he but the  lessee ought to offer it for his own indemnity as the obligor ought upon a  obligation or as the grantor of a annuity ought to offer the annuity at the  day c to excuse himself of damage so ought the defendant here to offer the  rend for his own indemnity to save himself from the penalty of forfeiture b  contra   a   Litt a cro e Bac Abr hut b and it can proper be call a rend in  another place out of the land but rather a sum of money which the lessee by  this agreement of payment out of the land ought to offer to the lessor so that  he have alter the nature of it as to this purpose by his own assent and this  be the diversity with regard to the demand where the rend be Payable upon the  land and where out of the land and then here inasmuch as the rend be Payable  at hide the plaintiff may enter without demand notam bene by the reporter it  seem from hence that if one grant a rentseck in fee out of land in one county  Payable annual such a day and place in another county and the grantee be seize  of the rend that if the grantee come to the place appoint for the payment and  there demand the rend upon the day accord if the rend be deny this be no seize  of the rend as it shall be in case of a denial upon the land where the rend be  Payable upon the land the four thing to be note in the say judgement be that  although the verdict do not find that hide be in the hand of the plaintiff or  defendant for which reason it shall be intend in the hand of some stranger as  in rei in point of fact it be c   b c yet the defendant ought to come to it to  pay the rend and the plaintiff ought to come there to receive it quaere if  they shall be trespasser to the stranger by come there and it seem to I that  they shall not for since the abbot be owner of hide at the time of the lease  and have reserve the rend to be pay there the lessee shall not be a trespasser  to the abbot by come there to pay it for by the reservation of the rend at  hide it be charge with this liberty and the reservation to be pay there be a  assent that he shall come there so that by his come there he shall not be a  trespasser d Litt bro condition roll Abr pl t Jones d as if a be bind to b in  a obligation of pound for the payment of pound to he at such a day there  inasmuch as no place be express for the payment a be bind to seek b  wheresoever he shall be and if b be in his own house and a come to he there  and tender the money he shall not be a trespasser by come there but if he have  be in the house of another man there he shall be a trespasser to that person  if he have a mind to take advantage of it but he shall not be a trespasser to  the obligee by come into his own house as be aforesaid for inasmuch as by the  take of the obligation he assent that a shall pay he the pound by necessity of  reason he ought to be assent that he shall come to he to offer he the pound  for the come to his person precede the offer and then inasmuch as he be assent  that he shall pay he the pound and therein it be Plowden er p contain that he  be assent that he shall come to he for that purpose it follow ex consequent  that be shall not punish he for do that to which he himself be privy and  assent that be for his come there and then if he shall not punish he as a  trespasser for come to the place which be not appoint he by the party in  express word a much strong the abbot shall not punish the lessee here for to  hide which be appoint by express word for the tender of the rend for as have  be say the reservation of the rend to be pay there be a assent that he shall  come there and by this assent the place be charge and so the lessee have title  and interest in the place as to his come there and the place be charge to the  lessee with this liberty and the lessee have authority and interest in the say  place as to this purpose and this by the act of those who have authority to  charge the say place at the time that be the abbot and convent and then if the  lessee shall not be a trespasser to the abbot by his come to hide to pay the  rend there no more shall he be to the king when hide be in the king band for  the statute of suppression save the interest of every stranger and then he who  be the king patentee of hide shall hold it charge with the say authority and  interest and therefore the defendant may come there to pay the rend without  offence or trespass and by the same reason it seem that he in the reversion  videlicet the plaintiff may come there also to receive the rend without any  offence or trespass for he have the like authority privilege and interest in  hide as the lessee have at which day here come as well the aforesaid Laurence  Kidwelly as the aforesaid William brand by their atorneys aforesaid whereupon  the premise be see and by the justice here more full understand it be consider  by the same justice that the aforesaid William brand by reason of the trespass  aforesaid to the same Laurence in form aforesaid do be and ought to be adjudge  by law guilty of that trespass therefore it be consider that the aforesaid  Laurence recover against the aforesaid William brand his damage aforesaid to  by the jury aforesaid in form aforesaid assess and that the aforesaid William  brand be take c