coke b SAFFYNS case pasch James in the common plea a man make a lease for year  of certain land to commence after the determination of a prior term of year  then in be the first lease determine the second lessee do not enter he in the  reversion enter and make a feoff and levy a fine with proclamation and  afterward five year pass without entry or claim by the second lessee and it be  hold that the lessee be bar for when the lessee future interest have commence  then he have such a estate as may be divest the interest of tenant by statute  merchant statute staple elegits guardian by knight service executor who have  land till debt and legacy be pay and every such interest be within the stat h  of fine so also be those who have but a bare right of title to a inheritance  or freehold but if a lessee have no power to enter or take the profit but only  a future interest at the time of the fine levy he shall not be bar Cr James  palm die pl Bulstr S C Cro James light Rep cart cite Cumberb c Skinner in  replevin between Saffyn plaintiff and Adam defendant which begin Trin  Elizabeth rot on a special verdict find the case be such a man make a lease  for year of certain land to begin after the end or determination of a term for  year then in be the first year determine the second lessee do not enter but he  in the reversion enter and make a feoff and levy a fine of the land with  proclamation accord to the statute of h cap and five year pass after the  proclamation without entry or claim make by the second lessee and whether the  lessee for year be bar or not by the say fine with proclamation and the say  Act of h be the question and it be object that the lessee for year shall not  be bar for two cause although the a   a a word interest be in the say Act yet  it be to be intend of such interest that the owner thereof may levy a fine but  he who have a lease or interest for year can levy a fine but every one shall  say against it quod part Finis nothing to have coke report a er p because a  lease for year be but a chattel and a fine be in the realty and the law  require that one of the party have a freehold a Vid note p r to Fermors case    b a hall v do barn Ald SC 1Dow Ryl and watkin cony by Morley coote p a and  that this word interest in the Act shall be intend of a interest of freehold  whereof a fine may be levy and it be say that mich Elizabeth in the king bench  it be adjudge in b Goldsb Cr James cart Leon Leon raym postea b b sander case  that a lease for year be not a interest within the say statute h it be object  that although lessee for year when he be oust and eject shall be within the  say Act yet in this case the lessee shall not be bind for no fine levy with  proclamation shall bind any but those who be put out of possession and have  but a right coke a for if their estate or interest be not divest out of they  but remain in they as it be ab beginning they need not make a entry or claim  to that which never be divest and therefore it be agree in blow Com in Stowels  case that a fine levy of land with proclamation and five year pass without c  Cr James raym Com dig fine I c claim make by he who have common of pasture  rend or the like shall not bind they for their estate be not divest out of  they but always remain in they so it be say in the case at bar until the  second lessee enter he have but interest termini as he have before the first  lease determine which as it be say continue in he notwithstanding the feoff or  fine as if a man make a lease for year to begin at a day to come and before  the day the lessor be seize yet the lessee may grant over his interest for  such interest termini can by seize or feoff be divest and put to a right more  than a rend or common or the like and this be brief the effect of what be say  on this side but it be resolve that the a side Cr James cart vent lowest   a  roll Rep keb Plowd a Nov Hardr   light a   a fine and proclamation and the  nonclaim of the lessee have bar he of his term by the Act of e and as to the  first objection it be answer and resolve that notwithstanding a lessee for  year have not such estate that he can levy a fine yet non sequitur that his  term and interest shall not be bind and bar by the say statute and that for  two reason it be within the letter of the Act for the word of the Act be  general the say fine with proclamation shall be a final end and conclude as  well privy as stranger to the same which word be general and extend to all and  the word of the save be such right claim and interest c and he who have a term  for year have a interest and therewith agree b blow a b Catlin in blow Com it  be within the mischief for it appear by the preamble that fine ought to be of  the great strength to avoid strife and debate and to be c   c the final end  and conclusion c and great mischief trouble and vexation will ensue if lease  for year which now be make for a great member of year sometime absolute  sometime determinable on life shall not be within the say Act and therefore it  be resolve that the interest of tenant by statute merchant d Inst Plowd a Mod  Rep e   b touch Com dig fine I d statute staple elegit guardian by knight  service executor who have land till debt and legacy be pay and every other  such interest be within the say Act of h for all these have interest in the  land and he who have a bare right or title to any inheritance or freehold can  levy a fine to any stranger but it shall be say quod part Finis nothing to  have and yet he shall be bind by a fine levy by the terretenant so although  lessee for year can levy a fine to any stranger coke b but it shall be say  quod part Finis nothing to have yet non sequitur but that he shall be bind by  the fine with proclamation levy by the tenant of the land as to the second  objection it be answer and resolve by the court that in the case at bar by the  say feoff the second lessee have but a right for when his coke report a er p  future interest have commencement then he have such present estate in the land  which may be divest and which he may revest by his entry as if a man make a  lease for year in this case before the lessee enter he have a estate for year  in the land which he may e Cr James Cr Elizabeth e grant and the word of  Littleton be well observe lib c fol b if a man make a lease for year and  before the lessee enter the lessor die yet the lessee may f light sect   light  b f enter because the lessee by force of the lease have a present right to  have the tenement accord to the form of the lease and light lib cap fol if a  man lease his land for year if the lessor release to the lessee all his right  before the lessee have enter into the land such g light sect hetl   light b a  light b Perk sect e a g release be void b this must be understand of a lease  at commonlaw for where the lease be create by bargain and sale under the  statute of use there be no necessity of a actual entry to make the lessee  capable of take a release Iseham v morris cro car Barker v keate Mod b because  the lessee have not possession in the land at the time of the release make but  only a right to have the same land by force of the same lease and eoden lib  fol if a man lease tenement for year by force of which the lessee be seize  that be possess and afterward the lessor by his deed grant the reversion to  another for life c it be necessary in such case that the tenant for term of  year a   light b light sect light b a attorn c attornment unnecessary Ann c c  by which it appear that before the lessee enter he have not actual possession  nor as it seem the lessor have not such a reversion that he can grant it over  by the name of the b Cr car Cr James godb   b b reversion but vet such lessee  have more than he who have a future interest for he may present enter and take  the profit so that his interest accompany with present entry and ability to  take the profit which he may transfer to another may be divest out of he and  put to a mere right not grantable and so the difference appear between the  case at bar and c Goldsb Cr James cart Leon Leon raym c sander case which be  adjudge in Elizabeth for there at the time of the fine levy the lessee have  not power to enter or take the profit but only a future interest which if it  can be divest he have not any mean possible to revest in he again d Vid  Henning v Brabason Bridgm Rep Willis v Shorral atk d