baily versus graymousecolored keb lev in a ejectment upon a special verdict  the case be to this effect one Cooper vicar of Cranbrook in ken be seize of a  house and land thereunto appertain parcel of the endowment of his vicarage  situate in a markettown in the year let we it for three year and one year of  the say lease be expire the that of September let we it for year to begin from  Michaelmas follow reserve the rend during the term Payable at the usual feast  or within ten day after this lease be confirm by the archbishop patron of the  vicarage and dean and chapter of Canterbury Ventris some year after Cooper die  and the question be whether buck the succeed vicar can avoid this lease the  first point be whether the lease come void within day after the death of  Cooper by the statute of nonresidence and as to that all the justice be of  opinion that death will not make such a Donresidence as shall avoid the lease  for the intention of the statute be to oblige the incumbent to residence first  by impose of the forfeiture of a year value of their benefice if they do not  reside second by make their lease void which though prima fancy seem to be to  their advantage yet be not so in the consequence for none will be induce to  far m their land because it be in their power to defeat their lease by  nonresidence again it be plain the statute mean a wilful absence because it  say the party so offend the statute of the that of Elizabeth that allow lease  of house e in markettown for year will be of no effect if death shall be  interpret a nonresidence and the confirmation of patron and ordinary will be  to no purpose butler and Goodales case in   b be that where the incumbent be  absent upon a inhibition or for the sake of his health he be not within the  penalty of that law there be only one single authority against this videlicet  holt and hale case in cro which Twisden doubt whether it be so adjudge because  my Lord coke mention it do where suppose so notable a point will not have  escape his observation especial in a case wherein he be council but hale say  it be adjudge by the opinion of three judge though in more it be say the court  be divide but it be a bare opinion and in the that of Elizabeth b r more the  very point be adjudge contrary the second point whether it be void because the  rend be reserve at the usual feast or within ten day after for it be urge that  the term end at Michaelmas will be expire before the last payment and for the  other payment it be for the successor advantage because the predecessor may  die within the tell day but the court be clear of opinion in regard the  reservation be during the term that there shall be no ten day give to the  lessee for the last payment accord to Berwick and foster case in cro the three  point whether this be a lease in reversion and so not warrant by the statute  of the that of Elizabeth and all the court hold that it be this statute repeal  that of the that of Elizabeth as to house in markettown which liberty be give  as Twisden say to render those place more populous but except lease in  reversion which this be be to commence at a Ventris day to come where a power  be annex to a estate for life to make lease in possession a man can make a  lease to commence in going to be in   fitzwilliams case e title waste the  lessor make a lease to commence after the death of the tenant for life and  notwithstanding maintain a action of waste and   light cite that case  distinguish between a grant of the reversion and a lease in reversion as that  case be in plowden S Ventris er p commentary tracy case a lease make to  commence at a day to come be give as a most proper instance of a lease in  reversion in cro hunt and singleton case a lease of a house for year there be  year unexpired of a former lease by the dean and chapter of saint Paul be hold  not warrant by the that of Elizabeth the like be resolve in c b car in the  case of do and wile of a lease of the dean and chapter of Westminster and  there the court deny the opinion in tomson and traffords case Poph and two of  the judge seem to be of opinion and Twisden strong that if the lease in the  case at bar have be make to commence present it yet will have be void there be  another lease in be so that for so many year as be to come of the former lease  it will be a lease in reversion and that the that of Elizabeth that permit a  concurrent lease so that there be not above three year in be shall not in  their opinion make any alteration of the that of Elizabeth but it only extend  to the that of Elizabeth because it recite that but not the former and so be  the opinion of Hobart in the case of crane and tailor and it have be often  hold that it do not extend to the statute of Elizabeth concern bishop but of  this hale doubt and rather conceive the contrary videlicet that the lease have  be good if it have be make to commence present there be less than three year  to come of the former lease and that of the that of Elizabeth do give a  qualification to lease make upon the that as well as the that first because  the that of Elizabeth be a kind of a appendix to the that of Elizabeth and do  not repeal it but sub modus a little enlarge it as to house in markettown  wherefore the that of Elizabeth recite the that do by consequence recite the  that also second there be such a connection betwixt all the statute concern  lease of ecclesiastical person that they have be take into the construction of  one another the statute of the d of h be not recite neither in the saint or  the that of Elizabeth yet a lease be not warrant upon those statute unless it  have the qualification require by the d of h and this course be usual in the  construction of statute make in acquire means Ventris three it will make a  great romage in lease as he conceive if a lease shall be void when there be  never so little of a former lease unexpired fourthly there be no authority to  the contrary in hunt and Sigletons case there be year of the former lease in  be and upon that lie the weight of the opinion and crane and tailor be case be  concern covenant only and the reason that it do not extend to the saint of  Elizabeth be because the that of Elizabeth begin with inferior ecclesiastical  person and therefore can include bishop boundary consecrated michaelis year  car ill in banc king