Berwick and foster case reservation of rend Michaelmas or ten day after a man  make lease for two year at Michaelmas render two shilling yearly during the  term at the Feast of the annunciation of our lady and Michaelmas or ten day  after at the Feast of saint Michael in the last year the rend be not pay the  question be what remedy the lessor have for his rend of this half year and the  opinion of Fleming chief justice and William be that he have no remedy and  first they say as this case be the lessee have election to pay either upon the  feast or upon the ten day after and that be for the benefit of the lessee then  he have make his election not to pay that Brownlow goldsborough at the Feast  of saint Michael then it be clear that the lessor have no remedy by way of  distress for the term be end before and by action of debt upon the contract he  have no remedy as it seem as this case be for the contract be that the rend  shall be pay yearly during the term then when the term be end the contract be  determine and for that the chief justice say that if a man make a lease at  Michaelmas for a year render rend yearly at our lady day and the nine of  October which be after Michaelmas that the lessor have not any remedy for the  rend of the last half year for that be not reserve to be pay yearly accord to  the contract and Yelverton justice agree that the lessee have election as  above but he say when that be behind the ten day after Michaelmas then the  lessor shall bring his action of debt and declare that the rend be behind at  the Feast of saint Michael and shall not make mention of the ten day after and  coke justice say that it seem to he that the lessee shall not have the benefit  of these ten day after the last feast for the word of the lease be render rend  yearly during the term at the feast aforesaid or ten day after so that the  lessee shall have the benefit of these ten day during the term but not after  then he shall not have these after the last Feast of saint Michael for then  shall the term be end and after in Trinity term James the case be move again  and then Fleming chief justice conceive that the lessee shall not have ten day  after the last feast and this upon construction to be make reasonable for  otherwise the term be end the contract shall be determine with the term and so  the lessor shall be without remedy for his rend and he say that reservation be  not take so strict accord to the letter and for that he cite the case of hill  and granger in the Com fol where a man make a lease for a year and the lease  be make in August render rend yearly at the annunciation of our lady and  Michaelmas upon condition of reentry in this case the first payment shall be  at the next Michaelmas after the make of the lease and not at the annunciation  of our lady though this be first in word and this by reasonable construction  for otherwise this word yearly shall not be supply and of this see the action  and so he say in this case rend be reserve yearly during the term at the feast  of the annunciation of our lady or Michaelmas or ten day after he shall not  have ten day after the last feast but William hold his old opinion that the  lessor have no remedy for the last half year rend and it be adjourn Brownlow  goldsborough er p Brownlow goldsborough Hillary James in the king bench