case ewer against moil Hilary term Elizabeth roll if a man seize in fee of a  manor hold in moieties by soccage and knight service and of a parsonage  appropriate lease they for a entire rend and on his death devise the manor for  life remainder in tail the remainderman on a surrender to he of the estate for  life may distrain on the lessee for a apportionment of the rend and a bar to  his avowry must show the value of all the premise and answer the rate of the  apportionment roll ab Inst yely cro James dyer a   light Bac ab Com dig the  case be Thomas moil be seize in fee of a manor whereof one moiety be hold in  soccage and the other moiety by knightsservice and of a parsonage appropriate  he let the manor and the parsonage to the plaintiff for year render S d per  annum and devise the manor to Thomas moil his old son for life remainder in  tail to John moil his young son now avowant and die Thomas moil surrender his  estate to job n moil who distrain and in his avowry show all this matter and  that the parsonage be worth twenty mark per annum and for five part of the  residue of the rend be divide into six croak Elizabeth part as for rend due  for five part of the manor he avow the plaintiff say that the parsonage be  worth per annum but show not of what value the manor be and demand judgement  of the avowry hereupon the defendant demurrer because croak Elizabeth er p he  do not show the entire value of the whole demise it be much debate whether  there can he any apportionment in this case for although there shall he a  apportionment in case at the commonlaw as where land at the commonlaw and land  in borough English be let for year and the reversion of the one descend to the  heir at the commonlaw and of the other to the heir by the custom and so of a  descent of a reversion to coparceners and a partition make betwixt they yet if  it shall he so upon a devise which be the act of the lessor especial as this  case be by the surrender of the tenant for life for until then there be not  any apportionment to he make the court much doubt and be of several opinion  and if there ought to be any apportionment how it ought to be make whether the  tenant shall not show what be due and plead a tender thereof or whether the  avowant ought not at his peril to show the value of the eritire?Whereupon the  court move the party to agree and they thereupon put the matter to arbitration  vide for the apportionment Henry Rushdens case Elizabeth Dyey and ass ass  Henry pl Henry note that afterward in Hilary term Elizabeth the case be argue  again and all the court then agree that there shall he a apportionment in  regard it be not a division by the act of the party but by the law videlicet  the statute of will as in Henry where the lessor grant the reversion to the  lessee and a stranger they also hold that the bar to the avowry be not good  because that all be not value but part and this be matter to he try by a jury  wherefore it be adjudge for the avowant see Geo c as to the apportionment of  rend on the death of a tenant for life croak Elizabeth michaelmas term  Elizabeth in the queen bench sir John Popham Knt chief justice sir Francis  gawdy Knt sir Edward Fenner Knt sir John Clench Knt justice sir Edward coke  Knt attorneygeneral sir Thomas Fleming Knt solicitor general