coke b MALLORYS case pasch Elizabeth in the king bench resolve see Scallock v  Harston c p d a reservation in a lease for year of rend during the term to one  or his successor be good and the rend shall continue during the whole term  feoff to a or his heir be but a estate for life the grantee or assignee by  fine shall not take advantage of a condition without attornment  notwithstanding the stat h c though the grantee or assignee by fine have no  attornment yet his grantee have attornment may take advantage of a condition a  attornment in law shall not place the feoff in a better situation than his  feoff be otherwise of a express attornment but if the conusee of a reversion  by fine die before attornment without heir the lord by escheat may distrain  without attornment though the reentry of the lessee make a attornment in law  the feoff without notice of the feoff give to the lessee can make a demand of  rend for entry for condition break so the bargainee of a reversion shall not  take benefit of a condition on a demand of rend without give notice to the  lessee of the bargain and sale that the lessee shall not be by the law  misconusant of feoff make on the land be to be intend as to distress action of  debt and action of waste SC Cro Elizabeth in replevin between Mallory  plaintiff and pain defendant the case be such coke report a er p the abbot and  convent of Sawtry by deed indent demise the place where c to Anthony Mallory  for year render yearly during the say term to the abbot and convent or their  successor the rend of eight mark to be pay at the Feast of saint Michael and  the annunciation of our lady by equal portion on condition that if the rend he  behind and a distress take by the lessor c and not redeem within six week that  it shall be lawful to the lessor c to reenter the abbot and convent surrender  their monastery and all their possession to king h the term by diverse mean  assignment be assign to Mallory the plaintiff and the reversion by diverse  mean conveyance to one S who levy a fine thereof to dr bellae who before any  attornment grant the reversion by his deed to Thomas bellae his son and his  heir to who the tenant attorned and for rend arrear and distress take accord  to the condition c pain by the commandment of Thomas bellae the son reenter  and distrain the plaintiff cattle damagefeasant and the question be whether  the reentry of Thomas bellae the son be lawful or not and after diverse  argument at bar and bench it be resolve by the whole court that the entry be  lawful and in this case four point be resolve that the say a Cr Elizabeth vent  Hardr sand Bulst lev Bulst palm Jones a reservation in the disjunctive be good  for in the first part of the reservation the word be render yearly during the  term and the subsequent word ought to have such interpretation that they do  not confound they which precede but that all together may stand and satisfy  the intent and meaning of the party and such construction the judge make in  hill and grange case blow Com coke a where a lease be make in January for year  render yearly during the term to the lessor a rend Payable at the feast of  saint Michael and the b Cr Elizabeth hob   light b roll Rep b annunciation  which last word shall be so marshal and transpose that the first word sure  render yearly shall not lose any of their force and therefore the law shall  make construction that the rend shall be pay at the feast of the annunciation  and of saint Michael and it be agree that render rend yearly during the term  to one and his successor and render rend during the term to he or his  successor be all one for if the rend be reserve to he and his successor  although the word be joint and in the copulative yet in construction of law  the lessor shall have it during his life and his successor after his decease  so when rend be reserve yearly during the term to c Cr Elizabeth Hardr lev  vent sand palm Bulstr Bulst godb Jones c one or his successor these word to he  or his successor be word of explanation sure to direct the lessee to who he  shall pay the rend during the term videlicet to the lessor during his life and  after his death to his successor for without these word sure to the lessor or  his successor the reservation have be good by force of these word render  yearly during the term as it be agree in e d h b d h but if a feoff be make to  a to have and to hold to he e   light b a burro Wilson e or to his heir there  he have but a estate for life for there want precedent word to direct the word  in the disjunctive and these word his heir be of the essence of the estate and  without they no estate of inheritance shall pass so and for the same reason if  a reservation on a feoff in fee be make to one or his heir such reservation be  not good but during the life of the feoff and so note the difference vide  Chaprnans case blow command where a copulative shall be take for a disjunctive  but here the disjunctive do amount in construction to a copulative see the  case in f blow a roll before a Br condition bridge touch f e b where one be  bind that when the obligor shall come to his aunt he will feoff the obligee or  the heir of his body of certain land and the obligee when the obligor come to  his aunt request he to feoff he which the obligor refuse to do and coke report  b er p it be adjudge that he have forfeit his obligation for although the  condition be in the disjunctive and that the condition be always for the  benefit of the obligor yet forasmuch as the feoff be to be make when be come  to his aunt and when he come to her the obligee be alive and therefore it be  not possible then to feoff his heir for this cause he ought to perform such  part of the disjunctive that then be possible to be perform note reader a good  case to prove the principal case for inasmuch as the coke b rend be reserve to  be pay yearly during the term at such feast in certain to the lessor or his  successor the lessee at the same feast ought to pay the rend to that person  which then may receive it and that be the lessor himself and the lessee can  choose to pay it at the same feast to he or his successor as long as the  lessor life for it be not possible that he who be not then in rer naturan  shall receive it it be resolve that although the word of the statute of h c be  general as all other person be grantee or assignee to or by any other person  or person c shall and may have like advantage as the lessors or grantors  themselves c ought shall or may have have or enjoy at any time or time c yet  the grantee or assignee by fine shall not take advantage of a condition  without a   light a b hob a attornment a by stat Ann c it be enact that all  grant and conveyance of the reversion or remainder of any message or land  shall be good without attornment of the tenant provide that no such tenant  shall be damage by payment of rend to the grantor or conusor or by breach of  any condition for nonpayment of rend before notice give he of the grant by the  grantee or conusee a for when a statute speak of a assignee c it be to be  intend of such a complete assignee who have all the ceremony and incident  requisite by the law to such assignee and not to take away any ceremony or b  dyer pl h circumstance which the law require nor to do any thing contrary to  the commonlaw as it be agree in h that where the stat of h S cap of use enact  that the actual possession shall be adjudge accord to the use yet it ought to  have the circumstance which be requisite by the commonlaw sure actual entry in  fact so it be agree in c   b c e a b it be ordain by the statute of d Inst   b  Stanf cor b a b d I e that all inquisition take before the sheriff in his turn  or county shall be deliver to the justice of peace at the next session to who  they shall make process on they as on inquisition take before themselves a  presentment be make in the turn on the statute of livery which be deliver  accord to the stat to the justice of peace at the next session who proceed  thereon and it be hold that it be against law for the stat of I e be intend of  lawful and sufficient presentment in law and not of presentment which the  sheriff can take by the commonlaw so it be hold in e coroner that the stat of  west cap shall not make a monk who be appeal and acquit capable of damage for  he be disable by the commonlaw and it be say that on the same reason it be  adjudge in duke be case that the conusee of a fine before attornment shall not  take e   light a b hob e benefit of a condition by the say statute of h it be  resolve that although dr bellae himself can not have take advantage of the  condition because he have not attornment yet forasmuch as by the fine the  reversion and the rend be vest in he which he have grant to his son to who the  tenant have attorned for this cause he shall take a Cr Elizabeth a advantage  of the condition which his father can not because he want attornment which his  son have and the word of h coke a that the grantee or assignee shall and may  have and enjoy like advantage c as the say lessor or grantors themselves c if  the reversion have not come to the hand of our sovereign Lord c be well  satisfy for here in this case be a complete grantee and assignee and therefore  he shall take the same benefit as the abbot himself who make the lease may  also it be coke report b er p resolve that these word as the say lessors or  grantors c shall not only be intend of the immediate grantor of the reversion  but of any grantor before who may have take benefit of the condition this  difference be take and agree for law that be to say between a express  attornment of the party and a act which amount in law to a attornment for if a  lease for life or for year be make render rend c and afterward the reversion  be grant c to b by fine and before attornment b seize or ousts the lessee and  feoff c the lessee reenter it shall not amount to a attornment in law to make  privity to c that he may distrain for the rend for he shall not be in a better  case than his feoff be as it be adjudge in the common plea m Elizabeth rot in  b Owseys case mich Elizabeth   b Cr Elizabeth Owen ander b Owseys case but  otherwise it be if the lessee have express attorned to the feoff so Popham  chief justice say it be adjudge in c Cr Elizabeth   b c Knottisfords case with  who he be of counsel year pass that where the conusee by fine of a reversion  before attornment bargain sell the reversion to another by deed indent enrol  accord to the statute that the bargainee shall not distrain for the rend  reserve on the lease for he shall not be in a better condition than he who  make the grant to he for d   b   b b   b   light b d no one to be able plus  law in other transferrer how ipse to have but if the conusee of a reversion by  fine die without heir before attornment by which the estate which he have  escheat to the lord the lord in that case shall distrain without attornment as  light h Prisot hold yet the conusee himself can not and the reason be because  the lord by escheat have lose his signiory and he do not claim as heir or  assignee to the conusee but by virtue of his seigniority paramount note reader  otherwise it be as it have be say if the conusee before attornment bargain and  sell the reversion by deed indent and enrol Anders cro Elizabeth Leon Leon  Vaugh c for the statute of h execute the possession in the same quality manner  form and condition as he have the use and when the conusee before attornment  bargain and sell the reversion the use which be derive out of his estate coke  b which want attornment ought to be of the same nature and quality as that be  out of which it be derive but if the bargainee in such case have obtain a  express attornment it be sufficient and so observe these good difference and  in this case it be say by Popham chief justice and not deny by any that if the  lessor in the absence of the lessee enter as it be aforesaid and make a feoff  in fee and the lessee reenter although it amount to a attornment in law yet  without notice give of this feoff to the lessee the feoff shall not make a  demand of the rend reserve on the lease for entry for condition break for true  it be that the feoff may distrain or have a action of debt for the rend or  have a action of waste in such case for in his avowry or declaration he ought  to allege the feoff whereof the lessee have notice   a Cr James roll Rep  bridge Mod Rep   b   b cart   light b hob latch Cr car godb palm Poph lev but  if he may demand the rend on the condition without notice it be not possible  that the lessee shall know to who he shall pay his rend to save his term nor  have notice of the feoff in such case before he have forfeit his term so if  the lessor bargain and sell the reversion by deed indent and enrol the  bargainee although there needs no attornment shall never take benefit of a  condition on a demand of rend without give notice to the lessee of the bargain  and sale for although the bargain and sale by deed indent and enrol be of  record yet forasmuch as it may be enrol in so many court in so secret a manner  the law will not compel all the farmer in England who have conditional lease  to make every six month such infinite search to save their term but the law  for the salvation of the interest and coke report a er p term of the lessee  will compel the bargainee who be to take benefit of the condition to give  notice thereof to the lessee who be altogether a stranger to it note reader  the lessee as Littleton say shall not be by the law misconusant of feoff make  on the same land that be to be intend as to distress action of debt and action  of waste in which case the law will compel the feoff in his avowry and  declaration to give notice as have be say but Littleton be not to be intend as  to demand of rend to have advantage of a condition without notice thereof give  as be aforesaid and Littleton there say that in such case the feoff after  regress make by the lessee shall have a action of waste but neither Littleton  nor any of the book in e Robert Bowfers case e Pomerays case h h nor any other  book speak of demand and entry upon the condition break