and the lord moon Trin car banc Reg for a supersedeas for a peer of the realm  supersedeas my Lord moon have a suit commence against he in this court and  thereupon be move by his council upon a affidavit that he be a peer of the  realm and a Lord of the parliament and therefore ought not to be sue and pray  for a supersedeas to stay the proceed roll justice plead your privilege for  upon a affidavit we will make no rule or else acquaint the other party that he  be a peer of the realm and it be like he will forbear to proceed thereupon but  you ought not to trouble the court with such motion as these corn against  COWSYE Trin car banc Reg Trin car rot special verdict in debt for rend against  a executor Cornish bring a action of debt against Cowsye a executor for  arrearage of rend incur part in the life of the testator and part in the time  of the executor the plaintiff declare upon a lease make by he to the testator  by his indenture make the first of may in such a year c the defendant plead  nil debet and upon this a special verdict be find to this effect that the  plaintiff do upon the first day of may make the indenture of lease to the  testator of the land let to have and to hold a die act of giving for and  during the term of year from our lady day last pass from henceforth full to be  complete and end upon this verdict the question insist upon by the council be  whether there be not such a variance between the lease upon which the  plaintiff have declare and the lease find in the verdict that they shall be  say to be several lease or whether it shall be adjudge one and the same lease  Twisden for the defendant hold that there be such a variance between the lease  in the declaration and the lease find in the verdict that they can be the same  and style report so the plaintiff can have no judgement and be urge this  ground of law that a deed shall be so construe that all part of it may be make  to stand together if it be possible without force construction of the word but  this can be here and a lessor may make a lease to begin when he please and end  when he please notwithstanding the date of it and a lease make to begin at a  day pass do begin in style report er p interest in present though not in  computation and he cite Musgraves case hob Rep where two computation be in a  lease for year and one be repugnant to the other the last shall be reject hale  of council with the plaintiff hold that the lease begin in point of interest  from the day of the date and that there be no variance or repugnancy between  the lease mention in the declaration and the lease find in the verdict and  therefore the verdict be for the plaintiff roll justice say it will be hard  for he to maintain it and say that in presumption of law when a thing be to be  do upon one day all that day be allow to do it in for the avoid of fraction in  time which the law admit not of but in case of necessity hill throw more and  Musgrave mich James rot in the exchequer a demise the of may by indenture date  the of may habendum from the Feast of the annunciation last pass for year to  have and to hold from the day of the date of these present but there be other  point in the case at the bar to be consider of for the action of debt be for  rend part incur in time of the testator and part in time of the executor and  it be in the to hold off which ought not to have be but I conceive that that  be here help by the verdict yet it be worth consideration and he say that a  executor can waive a term if be have not asset but if be have he may another  thing here considerable be that the action be bring in the to hold off and the  defendant plead nil debet yet he say that after a verdict it may be good  enough for it be a debt though the action be bring in the to hold off Trin car  porter and Jarvis banc Reg and he say that the plaintiff have mistake his  lease yet I will advice by reason of the opinion in Musgraves case hob Rep it  be a lease in computation of time from the seal and accord to the habendum a  livery and seize habendum a die act of giving deliver the next day be good if  it be make by the party but it be question whether it be so if it be make by a  attorney a ancient deed which can be prove shall be intend to be deliver the  last hour of the day to make good the conveyance but I will take a little time  to advice