clxxxiv wrath and the countess OF sussex case the case be this in year of king  Philip and queen mary a private Act of parliament be make by which it be enact  that the manor of Burnham be assure to the countess of Sussex for her jointure  with a proviso in the Act that it shall be lawful for the earl of Sussex to  may a lease or lease for year and afterward a year before the first lease  Leonard be end he make another lease for year and this second lease be to  begin and take effect from the end of the first lease and if this second lease  be a good lease within the intent and meaning of the Act be the question  Popham the queen attorney general say that it be not because it be a lease to  begin at a day to come and because it be make before the first lease be end  but he say it may be object that the Act say lease or lease it be not the  sense of the Act that he may make lease in the reversion but the sense and  meaning of the maker of the Act be that he may make lease in possession and  not lease in going to be for if it shall be so then be may make a lease for  year to begin after his death which shall be a great prejudice to the countess  and against the meaning of the Act which be make for her advantage the Lord  treasurer and sir Walter Mildmay knight have a commission from the queen to  make lease of the queen land for year because the queen will not be trouble it  be hold that by virtue of that commission they can not make any lease but  lease in possession only but all other lease which do exceed the term of year  and in reversion be to pass by the hand of the queen and Leonard er p her  attorney general and not by they only by virtue of their say commission and if  I grant to one power before the statute to make lease of my land for year he  can make any lease but only lease in possession and he can lease upon lease  for by the same reason that he may make one lease to begin in going to be by  the same reason he may make several lease to begin in going to be and so  frustrate the intent of the Act it be marshal case upon the statute of  Elizabeth of lease to be make by bishop the bishop of Canterbury make a lease  to he for one and twenty year and afterward be make a lease unto another for  year to begin at the end of the first lease and it be hold that the second  lease be void but in the great case which be in the exchequerchamber upon this  point there the second lease be in possession and to begin present and to run  on with the other lease and therefore it be adjudge to be good because the  land be charge with more than year in the whole and if the earl have do so  here it have be a good lease Wray justice say that if the second lease have be  make but two or three year before the expiration of the first lease that then  it have be utter void but be make but or day or month before the expiration of  the first Le see he doubt if it shall be void or not the statute of h make  lease for year to be good from the day of the date thereof and a lease be make  to begin at a day to come and yet it be hold by two of the justice in the  court of common plea that it be a good lease and by two other justice of the  same court it be hold the lease be Leonard not good and Clench justice say  that there be no difference if it be by one deed or by two deed and therefore  he hold that if the earl have make a lease for year and within a year another  the same have be void if it be by one deed or two deed for that he do exceed  his authority and he say in the principal case if there have not be a proviso  he can not have make a lease and therefore the proviso which give a power to  make a lease for year shall be take strict there be a case of the Lord marquis  of c that it shall be lawful for he to make lease for year by a statute and be  make another lease to begin after the end or expiration of the first lease and  it be doubt whether it be a good lease or not because he have not make any  lease before but if both be make by force of the statute all hold that the  second lease be void at another day the case be argue by Daniel for the lease  in reversion to begin at a day to come and he say that in a statute the word  alone be not to be consider but also the meaning of the party and they be not  to be sever also he say that a statutelaw be to be expound by the commonlaw  and by the commonlaw if one give power unto another to make lease of his land  he may make lease in reversion because a authority be to be take most  beneficial for they for who cause it be give so that if a man grant a  authority to another to make estate of his land by those general word he may  make lease for year or for life gift in tail feoff or any estate whatsoever if  one give a commission to another to make lease for one and twenty year of his  land he may make a lease in reversion and so it be hold in the duchy in the  case between Alcock and Hicks also be say that this lease be a good lease by  the statutelaw for the statute of Richard give authority to beneficiary and  use that he may make estate in reversion the statute of h which give authority  to the chief officer of the court of surveyor to make lease if it have stay  there he may have make lease in reversion therefore the statute go further and  say proviso that he shall not make a lease in reversion see Elizabeth dyer the  statute of h of lease to be make by the husband of the land of their wife by  the general word of the statute they may have make lease in reversion and  therefore the case there be that where the husband have make a lease of his  wife land for year and afterward be make another lease for year to begin after  the lease in be it be conceive that such a lease be good because in the Act  there be no restraint of lease in reversion as there be in the statute of h in  all case of statute which be with proviso the law upon they shall be take  general but in such particular only as be restrain by the proviso and here in  this case the proviso Leonard go to the ancient rend to be reserve and that  the countess shall have remedy for the say rend and therefore it shall be  construe at large as unto all other point which be not restrain by the proviso  Leonard er p as if the wife be within age and she and her husband join in a  lease yet such a lease shall be good by the statute of h because the law be  general and do not restrain these imperfection express so if a feoff in fee be  make with warranty proviso that he shall not vouch yet that restraint go to  the voucher only and he be at large to rebutt or to have a warrantia paper a  lease be make for life proviso that be shall not do voluntary waste be be at  large to do any other waste otherwise it will be if there be no proviso and  there a proviso make the precedent word to be expound more liberal the stat of  h cap m surveyor which give authority to the chief officer to set or let for  year he may have make a lease for year if by the proviso he have not be  restrain and yet the word be put singular but the word of this Act upon which  the case in question do arise be lease or lease and therefore it shall be  expound most liberal for the party again he argue that as to the intent of the  statute that this lease be within the meaning of it for the meaning be to be  collect out of the word and shall not be draw to any private construction or  intent against the word which shall be here if this lease shall be avoid for  by such construction and exposition the earl his heir executor c shall be  prejudice and the countess only shall he benefit also by this Act remedy be  give to the countess against such lessee that shall have the rend by debt or  distress as if she have be party or privy therefore it be reason way line that  the lessee have remedy against her for their lease also he say that the same  remedy shall be for they against the countess as they have against the earl  himself if he have be alive and therefore they shall have such remedy against  the countess as they have against the earl and further he say that the statute  be to be expound accord to the word where such a exposition be not rigorous  nor mischievous and private law be to be expound by the letter and strict as  the deed of the party shall be as e Br parliament l a particular Act be make  that the chancellor call unto he one justice may award a subpena between a and  b and end the matter betwixt they and there by all the justice except  Littleton he shall not award a general subpena but a special subpena make  mention of the Act for he shall pursue the particular Act strict but a Act  which be for the common profit shall be expound large also a statute shall not  be expound large or by equity to overthrow a estate as the statute which give  that if the woman do consent to the ravisher that the next heir shall enter if  the daughter enter and after a son be bear he shall not put out the daughter  Leonard because the statute shall not be draw to a private intent to the  overthrow of the estate before lawful vest in the daughter and so in the  principal case the statute shall not be draw to a private intent for the  benefit of the countess to overthrow the lease for year and it be not like to  the case which have be put that if he make a lease for year and so for year  that the same be not good by the statute for I will agree that that be a lease  for year Egerton solicitor contrary first as to the word demise or dimission  it be nothing else but the let of the land and so lease come from laiser a  French word and such a lease to begin at a day to come be interest of a lease  and not a lease it self for be have not leave the land as if I say to you I  let you my land for year when shall you have my land not at a day to come but  present if I sell you land and covenant that it be discharge of another lease  for year and there be a lease to commence after the lease for year I have  break by covenant if I be bind to make you a lease for year and I say to you I  make you a lease to begin year hence I have forfeit my bind if the custom of  the manor be that dominus pro tempore may make a lease for year may he make a  lease to begin at a day to come true no if there be not a special custom so to  do if I give authority to my steward to make lease of my land for year he can  make a lease to begin year after as to the case of the duchy there the  commission be that he may make lease accord to his discretion therefore there  he may make what lease he please as to the statute which enable beneficiary  and use of I r that case be not like to our case for that Act be all feoff  estate c therefore he may make such lease without doubt and if I devise that  my executor shall make lease of my land for year Leonard er p they can make  lease to begin at a day to come and if they do not make the lease within  convenient time the heir shall enter and avoid their authority and statutelaw  shall have such a exposition as that the precise time ought to be observe as  the statute of e rastal voucher if the tenant vouch to warranty a dead man and  the demandant will aver that the vouchee be dead or that there be no such  their averment shall be receive without more delay upon this statute the case  be e where one be vouch to warranty and the summone ad warrantizandum issue  and then come the demandant and will have aver that the vouchee be dead and  the tenant say that he ought to have aver that upon the voucher to warranty  and that now he have surcease his time and the demandant say that the statute  do not bind he to that nor do prescribe any time but leave the same general  yet it be the opinion of the whole court that he shall have the averment at  the time of the Leonard voucher or not at all so the statute of h cap if a  woman who have a jointure for life or in tail suffer a recovery and afterward  the issue in tail release all his right by fine and die his issue may enter  for the assent ought to be by voucher in the same action or the like for if  there be a mean instant between the recovery and the assent then any assent  after be nothing to the purpose for the recovery be once void by the statute  can be make good by a assent afterward see doctor and student and yet the  statute be provide that the statute shall not extend to any such recovery c if  the next heir be assent to the same recovery c so as the same assent or  agreement be of record or enrol and it do not say that the assent shall be at  one time or at another but to come to lease upon statute before the statute of  e cap if lease have not be find by office the lessee shall have be oust and  put to their traverse but put case that after that statute a lease make to  begin at a day to come be not find by office shall it be help by that statute  No true and so it be hold in the court of ware at this day and the Lord chief  justice of England hold so in his read at Lincolnsinn the statute of Elizabeth  of lease to be make by bishop be that lease other than for year from the time  that they begin that be when they may take effect as deed and not when they  shall take effect to be execute for so they may make lease infinite c it be  adjourn c   Rep Len Len mich Elizabeth rot in the common plead