clxxviii sir moil FINCHS case the case be this the king and queen Philip and  mary lease for seventy year for certain rend Payable at the feast of saint  Michael and the annunciation proviso that if the rend he be hind and not pay  by the space of forty day after any of the feast aforesaid that the lease  shall cease and be void at mich Elizabeth the Leonard er p rend be not pay  accord to the proviso but a month after the say forty day it be pay and  acquittance give for it and so the rend due after unto Elizabeth be duly pay  and acquittance give for the same the queen give and grant the reversion in  fee to sir Thomas henage c and after it be find by office that the rend be  arrear ut above sir Thomas henage enter and lease for year to sir moil finch  who be eject bring a quo minus in the nature of a ejection strong c it be  argue by coke that this lease upon the matter aforesaid be avoidable by the  patentee and that without office for the conclusion of the proviso be not that  the queen shall reenter but that the lease shall cease and be void and the  queen be not drive to demand her rend as in such case a subject be tie and he  compare it to the case of a common person if a common person leas for year  upon condition that if the lessee do not build upon the land demise a house  within a year after that the lease shall be void and afterward grant the  reversion to a stranger the grantee shall have advantage of this condition be  it break before or after the grant for the lease in such case be void not only  voidable and the reason be because the condition be collateral which see h a  lease for year be make upon condition that if the lessee do not go to Rome  before such a day that the lease shall be void the lessor grant the reversion  over the lessee attorns and do not go to Rome within the time appoint the  grantee may reenter contrary if the conclusion of the condition have be by way  of reentry for then it shall run in privity by the commonlaw but where a lease  with such condition be make for life with this conclusion of the condition  that the lease shall be void the grantee shall not take advantage of that by  the commonlaw for there the estate be not void until reentry for there be a  freehold which ought to be avoid by entry but in our case the condition be  upon the matter collateral for no demand be requisite to take advantage of the  condition and be say it be a general rule where in the case of a common person  a estate may be divest without entry there in the case of the queen there  needs not any office but here in our case if it have be a case of a common  person the estate shall be divest without entry therefore in the case of the  queen without office see Stamford for the major proposition but it do not vest  to have trespass before entry and he vouch the case of Browning and beston  blow where such lease after such condition break be mere void and dissolve and  he say that it be the opinion of the justice of the common plea now late  Leonard that by a release to such lessee after the condition break nothing  service for after the condition break he be but tenant at sufferance and a  lease for year be but a cattle may begin without ceremony and end without  ceremony h if the king make a lease for year with clause of reentry for not  payment of the rend although the rend he behind yet the king shall not reenter  before office find and there ought to be a seizure for the lease be not void  by the nonpayment of the rend but only voidable but if the lease be void for  not payment as in our case it be to what purpose shall a office be for by the  mere contract the lease cease without reentry or without office but admit that  the lease shall not cease without office and before office the queen grant the  reversion over yet a office find after the grant shall avoid the lease as well  as if it have be find before the grant a lease be make upon condition that if  the lessor build a house upon the land lease and pay to the lessee that then  the lease shall be void the lessor build the house and afterward grant the  reversion the grantee pay the now the lease be void although the condition be  partly perform in the time of the lessor and partly in the time of the grantee  so here although the grant of the queen be n mesn between the non payment of  the rend and the office for the queen be not entitle by the office to the land  but by the condition break and the office be only to inform the queen of her  title and when the office be once find it shall relate unto the time of the  condition break and shall be of such force as if then it have be find and here  in our case a office be necessary for to entitle the queen to the mean profit  due betwixt the rend arrear and the grant of the queen with which the queen by  her grant have not dispense and without office he can not have they for the  arrearage of the rend do not pass to the patentee no more than if the queen be  seize of a advowson and the church become void if the queen grant the advowson  unto another the avoidance shall not pass the king seize of a rend Leonard er  p which be arrear grant the say rend the arrearage shall not pass so here of  the mean profit for they be flower fall from the stalk c Godfrey contrar and  be say that the lease be in be not impeach by the condition or the office and  he say that notwithstanding that the word of the lease be that the lease shall  be void yet before that a office be find the lease shall not be avoid in all  case where the queen be entitle to anything or to defeat the estate of another  a office be necessary and that ground be take in the case of Lord Berkley blow  Com by brown therefore here it ought to be find by office see also the case of  the bishop of Chichester Fitzherbert Abridg forfeiture e the bishop lease for  life certain land give by the progenitor of the king as parcel of the barony  of the bishopric render rend and afterward by assent of the dean and chapter  release a great part or the say rend the lease and the rend ought to be find  by office so a alienation in mortmain ought to be find by office because the  interest of another be to be defeat so where the king tenant cease c the  villain of the king purchase land or but a lease for year so where the king be  but to have annum they empty waste commit by the committee of the king lessee  of the king for year make a feoff in fee in all these case the king without  office shall not be entitle the same law be in case of a condition break which  see h blow frowick in his read put this case a subject leas for ear upon  condition which be afterward break and afterward the lessor become king here  needs no office for at the time of the breach of the condition the lessor be  not king the case betwixt sir Martin forbisher and one Bunny be that the queen  make a lease Leonard of duchy land upon condition which be break it be hold  that here there needs not any office for the queen have those land sever from  the crown by parliament and they pass by the duchy seal by livery and  attornment of the tenant the queen leas for year proviso that the lessee shall  not alien such alienation against such a condition ought to be find by office  and therefore at this day where a forfeiture be give to the king c by statute  the word be that the king shall be seize without office and as to the relation  of a office he say that a office may have a relation as to mean profit but not  as to vest the interest from the time of the title accrue and although that in  the grant of the queen to sir Thomas henage there be these word non to stand  before the not find any office yet in this case a office be necessary for the  queen can dispense with the law so to alter or change the law as to make land  in borough English descendable at the commonlaw so if the king make a lease  for year with clause of reentry and afterward grant the reversion over to a  subject d far grant that if the rend he behind that the lessor may reenter  without demand yet the grantee ought to demand the rend and as our case be  here there needs not any office to entitle the queen to the mean profit for  although that the rend be not pay at the day yet it be pay after and all rend  due afterward and acquittance give for the same which matter we have special  plead to the intent aforesaid upon which the other side have demurrer and  thereby have confess it c but this office do not give any interest to the  queen in the thing lease for she have grant they over before by which she have  disable herself to take advantage of the condition aforesaid for she have  surcease her time h traverse tenant for life forfeit his estate and before the  king seize the tenant for life die be in the reversion may enter and the king  shall not seize for the king have surcease his time and if the queen shall  have advantage of this condition she shall avoid her own grant which shall be  a great inconvenience the queen leas for year proviso that the lessee shall  not do waste the queen grant over the reversion after waste do office be find  the queen gain nothing by it it be agree in the case betwixt knight and beech  Elizabeth that the grant d the queen mesn between the award of the commission  and the return of it be good for the title of the queen appear of record  although that the commission be not return before the grant make and if a  office shall relate unto the time of the condition break it shall be in vain  to argue that point for in the say case it be hold a record when the juror  have put their seal to it before that it be enrol the acceptance of the rend  and the acquittance thereof be plead to prove that there be no cause to find a  office in this case for the queen be answer the mean profit to prove that  Leonard er p the queen have wave and refuse to take the benefit of the  condition but not to conclude the queen and then you can force her to take the  benefit of the condition as the king lord and tenant the tenant die his heir  within age the king accept of the service of the heir and afterward grant over  the seignory after office be find the king shall not have the wardship c at  another day it be argue by Popham attorney general for the plaintiff and he  say that upon not payment of the rend the lease be Self facto void without any  office find thereof and that by reason of these word shall not be void for he  say it be not a condition but rather a limitation as if the king make a lease  to three for eighty year si tam day to live one of they die the lease be  determine without office so a lease make by the Leonard queen for year so long  as the lessee shall pay the rend reserve or so long as the lessee shall there  inhabit in these case upon a lease make by a common person the lessor before  entry may grant over and the grantee shall have advantage of it for it be a  limitation and by the limitation the lease be determine before the grant  contrary if it have be by word of reentry a lease for sixty year proviso that  if the lessee shall die within the term that the lease shall cease the lessor  grant the reversion over the grantee shall take advantage thereof by the  commonlaw see the case h it be a limitation and not a condition and he say in  this case a office be necessary not to avoid the lease for that be void before  nor to punish the lessee as a trespasser or to fine he for the continuance of  his wrongful possession but to make he responsible as a accountant in the  lease of a common person where the clause be that the lease shall cease if  after the rend behind the lessee continue his possession yet the lessor shall  not punish the lessee as a trespasser before his entry for the lessee by his  continuance be but tenant at sufferance for his first entry be lawful and he  agree the book h and h that such advantage that a common person can have  without entry the queen can have without office but a common person before  entry can punish another by way of trespass therefore neither the queen  without office shall punish one as a intruder and as to the case now late  adjudge betwixt knight and beech the same do not extend to our case for there  a office be requisite before the grant of the queen because the perclose of  the condition be that the prior shall reenter and it be very clear that  chattel vest in the queen without office and in this case a office be  necessary for two purpose to make the grant good to make the occupier  Accountable for the mean profit and to give recompense which the queen be not  enable unto without office and here the patentee shall have advantage of the  cesser of this lease for he have the inheritance lawful and the lease be  determine if there be no non to stand before in the letter patent the say  lease ought to have be recite if it have not beef determine and if it be  determine as this case be it ought to be recite if there be not a non to stand  before for non constat to the queen if it be determine or not and he say that  lease which be of record be to be recite in patent of the king but not those  which be not of record for lease on record may be easy find but contrary of  lease in fait but in our case all be help by the non to stand before for the  word of the letter patent be non to stand before that no office be thereof  find misrecital or nonrecital of the former lease c it have be object that  because that the law of the land be that in grant of the king all former  estate ought to be recite the non to stand before of the queen shall not help  it to that be say that where the law make for the queen there the queen for a  particular respect may dispense with the law if the queen be deceive by the  not recital that make the letter patent nought but if the queen be not deceive  by the notrecital the same shall not hurt and it be clear that the queen may  dispense with a statute law although perhaps not with the commonlaw the queen  grant upon suggestion if the suggestion be false the patent be void because  the queen be deceive in her grant and if the suggestion rest in article and  some of the article be false the patent for that be void but if in the patent  such clause be that be the suggestion true or false the patent shall be good  if the king seize of a manor to which a advowson be appendant grant the manor  cum appurtenance the advowson shall not pass but if the grant be in tam  opportunity modus form c prout ipse king to hold the advowson shall pass and  he Leonard say that the office here be not necessary to determine the lease  but to Leonard er p enable the queen to punish the lessee for the continuance  of his possession and if the conclusion of the condition have be by way of  reentry for nonpayment of the rend and after the rend be behind and afterward  the queen accept the rend due after the queen be not bind by that but upon a  office find she shall avoid the lease draw sergeant contrary and he say that  here be a condition but not a limitation for here be the natural word of a  condition sure proviso some case put by Popham be condition and not limitation  as a lease for year proviso that if the lessee die within the term that then  the lease shall be void the same be a condition and in many case many word  less apt than these in our case shall make a condition as a feoff provided to  loosen c and he say that without a office the lease be not void see h the king  give to religious use certain land ad execution to find a certain number of  monk to hold in frankalmoign the king in that case can have cessavit for the  service be not certain but if it be find by office that they have not their  number or do not make their prayer the king shall cease by Br title Offic and  he say that this be often do in the time of king Henry the eight land give  habend pro erection college cardinal Eborum c where the king be to have land  but as a pledge as for a alienation without licence office ought to be find of  such alienation so of a feoff make to a alien otherwise it be in case of  necessity because the freehold can be in abeyance tenant of the king be  attaint of treason before h the king shall have the land in point of common  escheat until office be find and afterward by force of the attainder so if the  tenant of a subject be attaint of treason before office find the land shall be  in the lord but after office it shall be in the king h if the king tenant die  his heir within age the king may seize the body and grant it over without  office but not the land see for the same e Br office in the case of Charles  Brandon e villeinage the villain of the king purchase good and chattel the  property of they I S in the king before office or seizure but in the case of  land he ought to seize if this have be the case of a common person the lease  shall not be avoid without demand therefore neither in the case of the king  without office for as the lease it self be make by matter of record so it  ought to be avoid by matter of record otherwise it shall not be take void in  law notwithstanding that the word be that the lease shall be void by the  statute of h alienation and discontinuances by woman be make void the same  ought not to be hoiden altogether void as betwixt such woman and the alienees  but only betwixt the woman and the heir the statute of Elizabeth enact that  all lease make by a bishop above the term of twentyone year shall be void the  same shall not be construe to be void but only as to the successor for it  shall bind the lessor himself as it be adjudge Elizabeth in the case of the  bishop of bath as unto the office here in our case the same shall not enure to  avoid the lease but only to enable the queen to punish the party for the mean  profit after the break of the condition but in our case nothing be due to the  queen for the mean profit for we have show the payment of all the rend and the  arrearage thereof after the breach of the condition and before the grant of  the king and therefore this office be for no use shall be void unless it b d  be find that the land be of more yearly value than the rend c as in the case  of common experience of chantry the land shall not be intend to be of great  value than the rend to be pay out of it if not that it Leonard be find by  office when the queen have after receive the rend and grant over the reversion  now the forfeiture be purge not by way of conclusion but it amount to as much  as if the queen have say that she will not take benefit of it h Champernouns  case the king by take in ware of the heir of the donee have wave the heir of  the donor see blow in the Lord Barkleys case Elizabeth and f n b and here in  our case when the queen grant over the reversion here the whole use of a  office be go for no office shall be find for the benefit of a subject and as  to the queen no benefit shall accrue unto her b such office for if she by such  office shall be entitle to the possession she shall avoid her own rant of the  reversion for she ought to have as great a estate by the breach of the  condition as she have at the time of the condition and in this case the office  come too late for the queen c as in the Lord lovel case blow Elizabeth a lease  for year be make unto a alien upon condition that if the alien Leonard er p  pay such a sum of money to the lessor at any time during the lease that he  shall have fee the alien be make a denizen the money be pay and all that be  find by office the queen shall not have the fee for at the time of the vest of  the fee the lessee be denizen and the office shall not relate to the time when  the fee vest and no far but to avoid encumbrance and so in such case the  office come too late and if the king villain purchase land and the king make  he free and afterward office be find the same shall not entitle the king but  the villain manumit shall hold the land so in our case the queen after this  grant shall not take the benefit of this office or breach of the condition  find by it and afterward manwood chief baron give order that those who do  argue after shall speak but to two point where the queen lease for year render  rend Payable at the receipt at west in which lease there be a proviso that if  the rend he behind the lease shall be void if now the rend not be pay the  lease shall be void without any office to what effect a office now shall be be  find after the queen have grant the inheritance over at another day Owen  sergeant argue to the contrary and he say the lease be void without any office  for as a lease for year may be make by contract so it may be avoid by word of  contract otherwise it be of freehold so that a lease shall be avoid without  entry e blow Browning and Bestons case office be of two sort first entitle the  queen as purchase of a alien purchase of villain alienation in mortmain and  office inform the queen where she have interest in the land before as in our  case here admit that the office be necessary to find the breach of the  condition the patentee shall take the benefit of it for be find by office that  the queen have make such a lease with condition to be void for nonpayment of  rend and that at such a day the rend be behind now be of record every subject  shall take advantage of it as where a husband make a feoff in fee upon  condition of the land of his wife and die if the heir enter for the condition  break now may the wife enter upon he for now the discontinuance be avoid see h  where the grantee of the reversion shall take advantage of a condition ut  above conclude that the lease shall be void and see Plowd Browning and Bestons  case and although after the default of payment the rend due afterward be  accept yet that shall not conclude the queen for this acceptance be not under  the great seal but only do by the office also the lease be void for the  nonpayment can be make good by acceptance afterward Leonard Atkinson contrary  although that the lease be void de facto yet until it appear to the court the  court can say it be void or not void therefore office be necessary to  ascertain the court the queen be a body politic and the chief body politic  above other because she be the maker author and creator of all other  corporation and that be the reason that the king can speak without write and  this be the most solemn write I write of record so she can take but by record  and in our case it do not appear by any write of record the rend be behind and  it be agreeable to the majesty of a king to do nothing without matter of  record which see Elizabeth in the case of the duchy and he say there be no  difference betwixt the case in h and our case in each case it be a lease for  year rend reserve in this only differ that there be a clause of reentry and  here the conclusion of the condition be that the lease shall be void but in  both case none can say that the rend be behind until it be find by office  therefore none can say that the lease be void until office find see by Thorp e  chattel personal of the king villain be in the king without office for such  thing may be lose or wear contrary of chattel real as a lease for year for  land can but continue and such thing which may be in the king without write he  may grant without write as a chain of gold or a horse deodand felon good wreck  c vest without office because chattel personal see e contrary when they be  chattel real and permanent for there a office be necessary in the case of year  day and waste a office ought to be find ergo a much strong in case of a lease  for year which be a great interest c e there be a general rule quo modus  whoever it be bookbinding eastern modus to take apart that which passes by  livery ought to be reduce by reentry that which begin by record ought to be  determine by record and here in Leonard er p our case the land can depart from  the king without record therefore it shall not revert without record although  that the breach of the condition be but matter of fact yet the proof of that  ought to be of record and here in our case be a condition and not a limitation  and he say that in the case often cite before of h it be a limitation and not  a condition for if it be a condition the grantee by the law can not take  advantage of it because not privy and he be clear of opinion that where the  word be that the lease shall cease or shall be void yet in such case there  ought to be a office for in lease of the king there needs no reentry because  the king to speak proper can reenter and the word that the lease shall be void  do amount to word of reentry and he say that in the case of a common person  upon such a condition break the land shall not be in the lessor without  reentry no more shall they be here in the case of the queen without a office  also the rend reserve upon this lease be behind and the lessee continue the  possession the queen by acceptance of the rend have affirm the party tenant  and afterward grant the reversion over before any office find of that matter  now the lessee be discharge and shall never be impeach for the say rend behind  and the grant ex certan knowledge c after find shall not defeat this grant by  any relation and the queen by her grant have include all the advantage which  accrue unto her by the breach of the condition and as to that which have be  object that in the letter patent there be these word notwithstanding the not  find of any office c true the same make the matter more clear for we for by  these word it be apparent that the queen will not have a office find if so  then the land passes as in reversion and the queen may dispense with a thing  concern her self as of late it be adjudge in the case of one Michael the queen  make a lease for year render rend si to strive for it be hold in such ease  that the rend in such case Leonard ought to be demand by the queen officer and  in such case the queen may well enough dispense with her prerogative and here  the queen conceive that she shall not have a office nor have her title find by  it manwood chief baron the queen leas for year upon condition that if the  lessee do not marry within two year that the lease shall be void whether here  there ought to be a office or not Atkinson say that here ought to be a office  at another day it be argue again by Godfrey this lease be not void Self facto  for the nonpayment of the rend which be but matter in fact and as this lease  have his beginning by matter of record so also his end shall be by matter of  record in case of a common person there ought to be a demand therefore in case  of the king a office as in the case of a common person demand ought to be as  well where the condition be by way of reentry as that the lease shall be void  therefore in both case in the case of the king there shall be a office and he  say that if the lease and the condition be in the case of a common person that  the lease shall be void without any demand of that rend then there needs no  demand for demand be a part of contract and here before office find the lease  be not mere void for a release unto the lessee before office be good and the  queen be not entitle to the profit before office find it be argue by coke to  the contrary the lease be void without any demand without any office for it be  parcel of the contract to be so void and be say that this lease before office  be void in interest and property but not in possession where a common person  shall not have the land without action the king shall not have it without  office and to know facias as cessavit waste contra form donation c and where a  common person shall not have before entry the king shall not have before  office for office be in the place of entry wardship mortmain it be clear in  the case of a common person that if the condition be that the lease shall be  void without any demand that there demand be not requisite therefore nor in  the case of the king see Browning and Bestons case that such a lease with such  a condition after the rend behind can be make good and it be a general rule  that where the certainty of the term appear by record and the king be to have  but a chattel in it there the king upon matter in fait shall have it without  office as the temporalties of the bishop upon his death which be matter in  fait see f n b the widow of the king marry her self without licence of the  king the king shall seize the land and that without office and there the  marriage be matter in fait the king leas for year upon condition that if the  lessee marry that then the lease shall be void if the lessee marry her self  the lease be Leonard er p void without any office and if so then every  stranger in the world shall have advantage of it as the case be h as be the  case of Ralph Thomas the husband seize of land in the right of his wife leas  for year and afterward he and his wife levy a fine to a stranger the husband  die the conusee shall avoid the lease because it be mere void by the death of  the husband so of a rend charge grant by the husband c but although this lease  be mere void yet a bill of intrusion do not lie against the lessee before  office for in such case a common person shall not have trespass before entry  but yet if the lessee die after the rend behind ut above the lease shall not  be say asset to the executor for the not payment of the rend be a nullity of  the lease by the intent of the original contract and also the lessee be not  become tenant at sufferance after the condition break for tenant at sufferance  take the profit to his own use also none can be tenant at sufferance to the  queen for then he shall have the profit of the land by laches which shall  never be impute to the queen now it be to see to what purpose this office be a  common person make a Leonard lease upon condition that if the lessee alien  part and that be find by verdict that the lease shall be void the lessee alien  part the lessor grant the reversion over after the alienation be find by  verdict the grantee shall live advantage of it if the case have be that if the  rend he behind and office find of it that the lease shall be void the rend be  arrear and the king grant the reversion and afterward office be find now the  lease shall be void against the grantee also this office shall have relation  and come in as good time as if it be find before the grant tenant of the king  alien in mortmain the king grant over the seignory office be find now by this  office the king be entitle not unto the land but unto the profit before the  office and although the queen have grant the reversion over yet she have not  grant inclusive the mean profit a common person have a rend which be arrear he  grant the rend the arrearage do not pass as where the king be seize of a  advowson which become void and afterward grant the advowson to another the  avoidance shall not pass thereby and that be Giles case see h and in our case  this office do not entitle the grantee for how can a office entitle a common  person if the lease be but voidable perhaps so long as the lease shall  continue unavoided the queen shall not be answer the profit contrary where it  be void and a common person shall have advantage of it Egerton solicitor  general to the same intent and be say that this lease be altogether void in  privity property right and term in the case of a common person after the rend  behind in such case the lessee shall be tenant at sufferance which can be in  the king case and if tenant at sufferance then no privity for a release by the  lessor to the lessee can enure and that for want of privity light and such  lessee can attorn and if the lessor after that accept of the rend the same do  not make the lease good and all for want of privity therefore here be no  privity as to property such a lease shall not be say asset in the hand of a  executor nor shall be sell upon a extent nor forfeit by outlawry and here in  this case the queen can be say to take any thing by the breach of the  condition but have her reversion discharge of the lease and be say that the  office be find well enough for time and it shall relate to the time when the  title accrue that be when the rend be behind and the arrearage of the rend do  not pass by the grant of the land or the reversion the queen have a rentcharge  out of land which be behind the land come to the queen and she grant the same  over yet she shall charge the land with the say arrearage but contrary in case  of a injury do upon the land of the queen as the tenant of the king alien  without licence and afterward the land so alien come to the king hand who  grant they over the grantee nor the land shall be charge but only be who be  party to the alienation his land and his executor so of a intrusion tenant for  life of the king make a feoff in fee the king grant over the reversion and  afterward the tortuous feoff be find by office this office be soon enough for  time and the grantee of the reversion shall have advantage of it and the king  the mean profit from the time of the alienation and afterward in mich term  Elizabeth the case be argue by the baron clark puisne baron the lease be  conditional and with a limitation also so conditional and limitation mix  together ass land give to one until he come from foreign part land give to one  so long as he shall continue sole be a estate for life Leonard er p with  limitation upon her marriage so during the coverture c and these limitation be  not collateral but begin with the estate when the estate be limit but  condition always come when the estate be settle as it be in our Leonard case  yet if the intent and substance of the contract betwixt the king and the  subject be well consider there shall not be any difference c land devise to  one proviso that if the devisee shall disturb the executor of the devisor his  estate shall be void and the land remain over c the same be a good remainder  for it be a limitation conditional see scholasticas case blow Com Elizabeth  concern a estate tail with a limitation and Fitzherbert James case there put  by dyer see Browning and Bestons case before cite and Martin Dockras case  where a condition be conceive in word of covenant c gentleman baron argue to  the same intent manwood chief baron to the same intent the rend reserve upon  the lease of the queen be to be pay to receiver bailey or at the receipt of  the exchequer the queen shall not make any demand of her rend for she have a  infinite number of farmors and if demand be necessary she be to send a army of  receiver or bailey to receive and demand her rend if the rend of the king be  to be pay at the exchequer if the king fermor be there and tender the rend at  due time and none be there to receive it be have save his lease for be have do  his possible endeavour although the word of the condition in the lease he  behind and unpay yet not tender shall be understand as in the common case of  mortgage and obligation but in all the record before we there be no word of  any tender therefore accord to the word of the condition the lease be mere  void and determine in right in privity and in tenure for so I the pleasure of  the prince express in her letter patent under the great seal of England that  it shall be then void and of no effect then I whensoever the rend shall happen  to he behind and therefore as soon as the rend be behind the lease be  determine so that if after the nonpayment a stranger have enter upon he sure  the lessee upon which he bring ejection strong the defendant may have plead  the special matter against he judgement if action so as the lease be void in  right it be also void in privity and tenure for a release to such lessee after  the rend be behind be altogether void for he be not then lessee and so the  privity be go and no acceptance can make such lease good and if such a lessee  after his rend will surrender and in consideration of such surrender obtain a  new lease from the queen this new lease be also void for here upon the matter  be no surrender also such a lease be void in property for if the lessee in  such case die his interest such as it be shall not be account asset in the  hand of his executor upon the breach of this condition for the rend although  that the lease he become void yet the possession of the land be not resettle  in the queen without office and although the office do not wake the lease void  which be void before for nonpayment of the rend yet before office find the  possession be not vest in the queen for before office find we can award  process against such a lessee for his continue the possession after the rend  behind and until office find the lessee can be find a intruder and tenant at  will he can be for no other will appear of the queen but that in the letter  patent and that be to have the lease void whensoever the rend shall he behind  and that estate be go because the rend be behind tenant at sufferance he can  be in this case in case of a common person when lessee for year hold over his  term he be become tenant at sufferance and such a tenant shall not pay rend  for it be the folly of his lessor to suffer his lessee at sufferance to  continue possession of the land after his term so as every tenancy at  sufferance be make by the laches of the lessor which laches can be impute to  the queen therefore here this lessee when the condition be break be not a  tenant at sufferance nor shall have the profit of the land to his own use but  the law shall account he to be a bailiff of his own wrong and so be  Accountable Leonard to the queen but no intruder till office be find and that  appear in our book I h the king tenant die his heir within age if any enter  into the land of the heir be shall not be a intruder until office find but the  heir or a stranger who enter before office and take the profit shall be bring  by process into the exchequer to make their account and to answer the issue  and profit but if be intermeddle after office he shall be a intruder tenant of  the king alien without licence by that the king be to have the profit until be  compound with the king and purchase his pardon and if the feoff take the  profit after Leonard er p the alienation he be a pernor of the profit and  shall answer for they but he be not a intruder until office find tenant of the  king be attaint of felony the king be entitle to the land from the time of the  felony commit yet if he take the profit until attainder he be not a intruder  but he take the profit without title therefore he be bailiff of his own wrong  and so Accountable to the king and it be not a new thing that a conveyance or  a estate shall be void as to the right only and not as unto the possession the  statute of doms west Finis Self jure sit nullus I as to the right of the  entail yet as unto the possession the issue in tail be bind until be have  recover it by a formedon upon the statute of h cap by acceptance of another  benefice against the say statute the first benefice shall be void c yet the  same shall not be construe so as to possession but that the same shall remain  with he until it be take away from he the queen leas for year proviso that if  the lessee commit waste the lease shall be void when first waste be do the  lease be determine in right but not as to the possession before office find  the waste so if the condition be for the building of a house for by the breach  of the condition the lease as unto the right and interest be determine and  after office find it shall revest the possession also and if a lease of the  king expire by effluction of time and such effluction appear here of record if  the lessee in such case continue his possession he shall be a intruder sir  Robert chester case dyer Elizabeth l sir Robert Chester be receivor of the  king by patent upon condition to render account yearly at such a day and  before such a day to pay the arrearage the condition be break the patent be  void without office thereof find but yet it be not altogether void for a to  know facias shall be bring against the patentee the king leas unto a his manor  of d and after he leas also to the say a his manor of S proviso that if the  lessee do not surrender his first lease of the manor of d at such a day that  then the latter lease of the manor of S shall be void the surrender be not  make now the lessee if he continue his possession in the manor of S after he  be a intruder now be to see of what effect the office be not to make the lease  void but to vest the possession in the king again it have be object that as  the case be the office be not to any purpose for the queen have grant the  inheritance over so as the possession can be revested in the queen by that  office against her own grant nor can the queen punish the lessee as a intruder  for his continuance of the possession after the office nor can seize the land  by such office and there be not any such office for the benefit of a subject  therefore the office be mere void let we compare our case unto the case of  cessavit the tenant of the king cease for two year the king grant the seignory  over in fee the cesser be find by office the grantee of the seignory gain  nothing by it but that be not like unto the case in question for there when  the office be find the tenant may tender the arrearage for the king be not  absolute entitle by the cesser because by tender of the arrearage the tenant  may save his tenancy but in this case after the condition be once break  Leonard there be not any mean for the tenant to save the forfeiture also the  king by his grant after the cesser have not grant the thing which accrue unto  he by the cesser sure the tenancy but only the seignory but in our case the  king have grant the thing forfeit I the land demise and here be a full  forfeiture contrary in the case of cesser and in our case the king have grant  only the land demise and not the profit encurred mean between the breach of  the condition and the grant of the king but these remain to the queen and to  that purpose the office be good sure to entitle the queen to these profit and  as to that which have be object that the lessee have always pay the rend unto  the queen after the condition break and have a acquittance of the receipt of  it therefore no profit due to the queen for she have the rend in lieu of the  profit and it be not reason that the lessee shall pay a annual rend and also  shall be Accountable for the mean profit and so the office as unto the mean  profit which in truth upon the matter aforesaid be not due unto the queen be  void and then altogether void because nothing service to that he answer that  the king shall not be bind off the mean profit in that case by the payment of  the say rend for by intendment the true annual value of the land be more than  the rend reserve and it be not reason but that the queen shall be answer of  the surplusage or overplus above the rend and therefore the office entitle the  queen to part of the profit be good enough tenant of the king for life or for  year make a Leonard er p feoff in fee although that by this Act he can pluck  any thing out of the king yet because he have attempt to do such a wrong it be  a forfeiture and the lease for year utter extinct by it for it can be in the  feoff against his own act by which he have depart with all his interest c and  the feoff can have it for if he have any thing it ought to be a feesimple or  nothing at all and a feesimple be can have for that remain in the king and so  neither have estate then be all in the king and the king have title to have  the profit c but put case that after the feoff the king grant over the land in  fee and after that tortuous feoff be find by office be who occupy the land  after the forfeiture until office be find shall be Accountable to the king for  the issue and profit c as pernor of the profit or baily of his own wrong and  he who occupy the land after the office shall be punish as a intruder there be  a case very late in this court betwixt sir though henage and one Hungate which  be thus the queen lease for year unto Hungate provide that he shall not do  waste waste be do the queen grant the reversion to sir though henage office be  find the grantee enter and his entry be adjudge lawful and that the queen  shall have the mean profit from the time of the waste do until the time of the  grant some say that that case be not adjudge but compound and he vouch sir  Walter Midmays case the Lord Sturton hold land of the queen in knightsservice  and be attaint of felony by which the land escheat to the queen who grant  those land and it be hold that the queen shall have the mean profit betwixt  the time of the felony commit and the grant and after in the principal case  judgement be give for the plaintiff sure the patentee of the queen against the  lessee who cast in a writ of error and by his council pray that the writ of  error be not break open n until the judgement be enter manwood the judgement  have reference and relation unto the first day of this term and therefore do  not doubt of that roll cro Poph roll h h f cro Leonard mich Elizabeth in the  exchequer