a Humphrey LOFIELDS case mich James d by indenture in consideration of rend  reserve demise to Q a cellar to have and hold to he his executor c for one  year and if at the end of the say one year both party shall agree that the  present demise shall be renew and continue for a long time then to have and to  hold the say premise for three year more render annual during the say term at  the four usual feast resolve the reservation of the rend shall extend to the  first year for the proper place of a reservation be to come after the  limitation of all the estate note a reservation shall be expound accord to the  reasonable intention of the party to be collect by the word of their deed note  the difference in law when by operation of law without the act of the party  there shall be a multiplication of one entire service and when not SC Brownl  Cit send for hob Thomas young and Dorothy his wife bring a action of debt  against Thomas Milton and Annie his wife executrix of Humphrey lofield upon a  bind of one hundred pound make December year James king by the say Humphrey  lofield to the say Dorothy dumb sola to be the defendant demand oyer of the  bind and condition which be that if the within bind Humphrey lofield his  executor d Stamf cor b e Cr Elizabeth f Cr car   a g buist   a hawk Max coke  report b er p administrator and assign and every of they shall well and true  observe perform and keep all and singular the covenant payment reservation  grant article and agreement contain in a pair of indenture hear date the day  of the date of the obligation make between the say Humphrey and Dorothy dumb  sola to be which on his and their part c and plead that by the say indenture  which they show forth the say Dorothy in consideration of the rend after by  the same indenture reserve demise to the say Humphrey lofield a winecellar in  Gravesend to have and to bold to the say Humphrey lofield his executor and  assign after the Feast of the Nativity of Christ then next follow pro boundary  One striving untouched extunc neighbor following si infine speech One striving  amboe part to please agrearent contentatoforent quod eaden prsens dimissi  foret renovala sive encounter pro to some place longiori tempore tune habend  tenant surrender promise dict Humrido lofield executor assign nest ab post  dictum holiday coke b birth dom tune neighbor sequen datum thence usque  plenarium that which divides boundary three a year outside neighbor sequent  reddendo ind annuatin durante speech boundary speech Dorothem executor assign  nest ad quatuor usual die holiday sive boundary c see the annunciation c with  clause of distress if the rend be arrear by the space of ten day after any of  the feast c and plead that he occupy the say cellar for the space of the say  first year and at the end of the say year perform all the covenant payment  reservation c in the say indenture c the plaintiff reply and for breach show  that the say Humphrey lofield do not pay due in the say first year at the  Feast of the birth of Christ for one quarter upon which the defendant demurrer  in law and this plea begin in Com banc Trin James Reg rot and it be argue by  the sergeant of counsel with the defendant that the say lessee shall not pay  any rend for the first year and that for three reason because the reservation  as it be make depend upon a contingency see if at the end of the first year  both party shall agree that the lease shall be renew and continue for any long  time then to have and to hold the say cellar to the say Humphrey from the  Feast of the birth of Christ next ensue the date of the indenture for three  year reddendo ind annuatin durante speech boundary dictce Dorothece c so that  the reddendo depend upon the say contingent which never take effect for the  lease be not continue beyond the first year the reservation of the rend in  durante boundary prd which be speak in the singular number shall relate only  to the term of three year last mention and not to the term of one year which  be certain and complete before the contingent that every a reservation and  exception shall be take striW against the lessor and beneficial for the lessee  because every reservation charge and encumber the land demise and the word of  reservation be the word of the lessor and the reservation be his act and  therefore shall not be extend beyond the word and so it be hold in hill and  Granges case in blow Com I a and to this purpose the common case in e title  ass e ass p e b h a and diverse other be cite and it be further say that if b  two tenant in common join in a grant of a ox or a pair of gild spur or a hawk  the grantee shall have two ox c but if they make a c gift in tail or a lease  for life or year render a ox c to they and their heir they during their life  nor their several heir after their death shall have but one ox c and so if a  man make a gift coke a in tail of two acre d one at the commonlaw and the  other in borough English render a ox to he and his heir and the donee have two  son die the elder son inherit one acre and the young the other in this case  the donor or his heir shall have but one ox because the reservation shall be  take strict against he and his heir but it be resolve that the say e  reservation shall extend to the first year for the proper place of a  reservation be to come after the limitation of all the estate and therefore if  a man by deed indent demise land to a habendum to he for life the remainder to  b and to the heir of his body a sand blow a Leon b   b   light b a b blow a b  b Perk sect c   light a Perk sect d post b e Brownl hob coke report b er p and  for want of issue of his body to remain to d in tail or for life reddendo ind  to the lessor and his heir a annual rend this reservation shall extend to all  the estate before vide a e avowry and although the future term be uncertain  yet it be certain that the lessee shall have the cellar for one year and the  reservation shall b extend to it for durante boundary prd although it be in  the singular number yet it be a collective word and shall have relation to  every term demise by the indenture and it be to be observe that if the lessee  have hold the cellar beyond the say first year that the reservation have  extend without question to the first year and the consideration of make the  lease be only in consideration of the rend reserve in the say indenture and in  ancient time rend reserve upon lease c be call alive To give back because the  lessor c live by it and vide blow Com hill and orange case such construction  shall be make in case of reservation of rend that the lessor shall not lose  his rend at any day c and in hill d Elizabeth rot in Com banc dionise  Pasmerbrought a replevin against George prowse for take of his cattle at  Halberton in a place call terleigh down in the county of Devon the case as  appear by the record be such a lease be make of a house and land for year if  the lessee shall so long live and afterward the lessor by his deed indent  grant the message and land to another to have and to hold the reversion to the  grantee for life cum per death sursumredditionem velforisfacturam of the  lessee or aliter to fall upon a reddendo ind annuatin to the grantor and his  heir cum return prd to fall upon S d per annum the lessee die the grantor of  the reversion distrain for the arrearage of rend as well before the death of  the lessee as after and in that case four point be resolve clear by the whole  court that by the demise of the message and land for life the e reversion  thereof coke b pass but by grant of the f reversion land in possession shall  not pass by the grant of the message and land g habendum return c for life  after the death of the lessee c that the habendum be good for in judgement of  law nothing but the reversion be grant by the premise and as in throckmorton  case blow Com when a reversion be grant habendum the land the habendum be  adjudge good so when the land be grant habendum the reversion after the death  of the lessee c it be in construction as much as to say to take effect in  possession after death c also the habendum have be good although no mention  have be make either of the land or of the reversion in the habendum for the  principal office of the h habendum be to limit the estate of the land contain  in the premise it be resolve that by the say reservation the rend shall not  commence before the reversion fall into a possession and these word cum return  prd to fall upon shall be expound accord to the intent of the party which be  not that the grantee for life shall pay the rend reserve before he may take  the profit to raise the rend out of they that the distress be well take for  the arrearage after the death of the lessee and not for the arrearage incur  before note by the Lord dyer in a e avowry b Brownl hob c   light a d die pl  vent Brownl sand a Vid holland v fisher Bridgm wade v Bache sand a badger v  Lloyd salk SC l raym vin ab grant king a reversion h e cro car   light b   b    a die pl pl Plowd a a e grant e Fitzherbert feoffm Fitzherbert grant   a b  roll b n c h Br grant light Rep salk f Plowd b a light Rep   b Cr car godb  kelw b g more   light a   a a roll   light a   a   b a dyer pl Brownl sand Cr  Elizabeth vent e exec coke report a er p Elizabeth b which prove that a  reservation shall be expound accord to the reasonable intention of the party  to be collect by the word of their deed and it be apparent that the intention  of the party in the case at bar be that the lessee shall pay rend for the time  which by force of the say lease he occupy the say cellar but forasmuch as the  bind be forfeit the court move the plaintiff to take his arrearage cost and  damage with which he be contend and so judgement be give notam reader as to  the say case put at the bar of a gift in tail of one c acre at commonlaw and  of one acre in borough English render a ox and afterward the donee die have  issue two son so that the one acre descend to the one and the other to the  other that but one ox shall be pay for the better understanding of the law and  of the reason thereof in that case and other the like it be to be know that  there be a difference in law when by operation of the law without the act of  the party there shall be a multiplication of one entire service and when not b  and therefore there be a difference betwixt very lord and very tenant and  between the donor and donee or the lessor and lessee for in the case of very  lord and very tenant as well the annual as the casual entire d service in many  case shall be coke a multiply as appear in Bruertons case in the six part of  my report and in the eight part of my report f in John Talbot case but in the  case of the donor and donee or lessor and lessee the entire rend reserve shall  not by any division either of the reversion or of the possession by act in law  be multiply and therefore if in the say case of one acre at commonlaw and the  other in borough English the donee die have issue two son this several descent  which be a act in law shall not charge each of they with the entire service no  more than if the donor in the same case die have issue two son so that the  reversion descend several by act in law yet the donee nor their heir shall be  charge but with one entire service so if a man be seize of two acre one of the  part of his father and the other of the part of his e mother and make a lease  of both for life reserve yearly a lamb to the lessor and his heir and the  lessor die without issue of his body the several heir shall not have two lamb  but one lamb only so if a man give land to two man and to the heir of their  two body beget yield a hawk and they die their several issue shall pay but one  hawk and the reason of these and other like case that the entire service in  these case shall not increase be because the reservation of the donor or  lessor be his title only and when be himself reserve but one the law which be  always ground upon right and equity will never increase it or give he more  than be himself have reserve and the reason of this difference appear in  Woodlands case in blow Com for encroachment by the donor upon the donee or by  the lessor upon the lessee shall not bind they in a avowry as it shall betwixt  lord and tenant and the reason be because when the donor and lessor or the  heir of any of they avow he ought to show the original reservation by which it  will appear how much the donor or lessor have reserve and with this agree the  judgement in sir William foster case in the eight part of my report f a that  the donor or lessor need not in a avowry allege seize neither shall a  encroachment upon they bind they because the reservation be their title but if  there be lord and tenant and the tenant make a gift in tail or a lease for  life the remainder in fee there encroachment by the lord upon the donee or  lessee shall bind they for the lord need not show the commencement of the  signiory but it shall not bind the issue in tail and therewith agree thou  avowry e a and f n b a the same law be when the law create the tenure b dyer  pl Brownl vent sand c Ant a b Vid note to Talbot ease   b d   b   b a      light a b e   b   light b Br descent h S b blow b   a f   light b r car   a  Brownl blow a   a   will b f n b d king b way coke report b er p coke b as if  lord and tenant be by fealty and the yearly rend of a lamb and the tenant make  a gift in tail to two man and to the heir of their body without any  reservation now the donee shall bold of the donor by the like service as he  hold a over light b h a c yet if the donee have issue die their several issue  shall pay but one lamb for the donor or his heir in avowry ought to show the  tenure betwixt the lord and the tenant and the gift in tail so that it will  appear to the court that but one lamb at the time of the gift be due and the  law to the prejudice of the heir of the donee will not increase it but there  be a difference betwixt those which be entire service for some service by the  mere operation of the law shall be increase and therefore if a man seize of  two acre one at the commonlaw and the other of the custom of borough English  make a gift in tail of both and the donee have issue two son die both the son  shall do fealty the same law of homage if it be reserve by the party or create  by the law so if the donor die have issue two son both the son shall have  homage and fealty and so there be a difference betwixt entire b service of  profit and of no trust and service of trust and no profit the same law be if  there be lord and tenant by knight service and the tenant give the tenancy to  two man and to their heir of their body and they die have issue their issue  shall hold several by knight service for that be for the defence of the lord  and of the realm and so another difference betwixt a entire service for the  private profit of the lord and a entire service for the public defence of the  realm vide all these cite in John Talbot case and by these and other  difference there put all the book direct prove they be well without any  contrariety or difficulty agree