case thin against CHOMLEY Trinity term Elizabeth roll if a tenant who be  Chargeable with the rend assign over his interest in the land the assignee be  chargeahtle with the penalty for arrear incur in his own time gold more hob  dougl   b debt and declare that he let certain land to agar for oneandtwenty  year render annual at the temple church London thirty pound at Michaelmas and  the annunciation el si to touch that the say rend shall he behind and not pay  at the day c that then the say agar his executor and assign shall forfeit  nomin Vwnce three shilling and fourpence for every day which shall incur after  such default until the say rend and arrearage shall he pay than afterward upon  February Elizabeth the say agar grant his estate to the defendant and that  after the grant at Michaelmas year Elizabeth the rend be arrear and not pay  and it be in arrear for five hundred seventysix day after and that at another  rend day it be in arrear and not pay and remain in arrear for twelve day  wherefore he have forfeit c whereupon he demand three hundred pound sixteen  shilling and eight penny the defendant thereupon plead nil dehet and it be  find against he move in arrest of judgement that this action lie not against  the it be now move assignee for this penalty be mere find upon the contract  which be in privity betwixt the lessor and the lessee and it run not with the  land but gawdy and Clench hold that it well lie for the land be charge  therewith and the assignee for his own time shall he Chargeable but Fenner  hold contra for the penalty be quas collateral Fenner also move that the  declaration be not good for he be not entitle to the penalty unless the rend  he demand no more than he shall he to the forfeiture of a lease for nonpayment  gawdy it be not alike for the condition which go in defeasance of a estate  shall he take strict but the pimalty be in nature of the rend and as he shall  have the rend itself without demand so he shall have the penalty and to that  opinion Clench agree Popham absentee wherefore it be adjourn