Mich 16. Jac. In the Kings Bench. Havergall and Hares Case.

IN this Case (which see before, fol. 1. b.) four points were observed.

1. Whether Fisher the Assignee of the Rent were such a person who * shall take benefit of the entry?

2. When 10 l. is only in arrear, whether the Rent of 20 l. shall be said in arrear?

3. Whether these advantages which were first granted with the Rent may be granted over?

4. When the Vse shall rise, whether upon the first Indenture of the grant of the Rent, or afterwards? For the case was, that the Grantee of the Rent of 20 l. covenanted by the same Indenture, that if the said rent of 20 l. were in arrear for the space of twenty daies after any day of payment, that the Grantee shall distrain, and if there be not sufficient distresse upon the Land, or if there be a Rescous, Replevin, or Pound-breach, that then it shall be lawfull for the Grantee and his Heirs to enter into the same Land, and to retain it untill he be satisfied: And the said Rent was granted, 9 Jac. it was arrear, 11 Jac. the Fine for the better assurance of the Rent was levi∣ed 12 Jac. and 13 Jac. the Distresse was taken.

There were four Causes which give an entry, and upon the Distresse and Replevin brought the Assignee enters. As to the three first points, it was resolved by the whole Court,

1. That Fisher was such an Assignee who shall take benefit of the Entry.

2. When 10 l. is only arrear, the Rent of 20 l. shall be said arrear, wher∣upon there shall be a Title of Entry.

3. That these advantages granted with the Rent may be granted over.

And as to the fourth point, it was holden by Mountague and Crook, that the Vse riseth upon the first Indenture, and not upon the entry after the Reple∣vin brought, although the words are, that then it shall be lawfull for the Grantee and his Heirs to enter, wherby the use is only awaked, as it is in the principall point in Shelleys case, and although a Fine is afterwards le∣vied, yet the Vse shall be directed by the originall Indenture, and therfore 6 Rich. 2. A Feoffment is made to two and their Heirs, and afterwards a Fine is levied upon it for further assurance, to the use of them and the Heirs of one of them, yet it shall go to the use of both, for it shall be respected accor∣ding to the original agreement, where there are divers assurances for the per∣fecting of one and the same thing, 16 E. 3. tit. Age. A Daughter had a Seig∣niory by descent, a Tenancy Escheats, a Son is born, he shall have the Land, see Sharoes case in 4 Mar. Dyer, and in Chadleighs case all looks to the originall agreement, and therfore variance of time shall not hinder the originall agreement, as 33. Ass. the Servant in•ends to kill his Master, and afterwards the Master puts him out of his Service, and then he kills him, this shall be petty Treason in the Servant, 28 H. 6. Two are bound in a Page  148 Bond at severall times, and yet he shall declare against both, as upon the first delivery, 11 H. 7. it is adjudged, that if a Deed be delivered by an In∣fant, and afterwards it is again delivered when he comes of full age: And see Mallories case, Finches case, and Borastons case, Nunc & tunc & quando, are a demonstration of the time, and not of the matter, and so they concluded that the Vse shall rise upon the first Indenture, and not upon the Fine or Replevin brought; but Doderidge and Haughton Iustices contra.