clix the countess OF sussex and worth case lease by spiritual person as bishop  c lease in and Phil and mary a private statute be make by which the manor of  Barnham be assure to the countess of Sussex for her jointure proviso that it  shall be lawful for the earl of Sussex to make a lease or lease for year the  earl make a lease for year and afterward he make another lease for year within  a year before the first lease end and the second lease be to begin at the end  of the first lease and if the second lease be good and within the intent of  the Act be the question Popham attorney that it be not because it be to begin  at day to come because it be make during the first lease but it may be object  that it be say lease or lease it be not in the sense of the Act for by it be  may only make lease in possession and not in going to be and so he may make a  lease for year to begin after his death which shall be a great prejudice to  the countess and against the intent of the Act which be make for her advantage  the Lord treasurer and W Mildmay have a commission to make lease for year of  the land of the queen because the queen shall not be trouble with it they can  not make lease but in possession only by virtue of their commission but all  other which exceed year and in reversion pass by the hand of the attorney of  the queen and not by they only by their commission because he can make a lease  upon a lease for by the same reason that he may make one future lease he may  also make lease in going to be and so make void 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 for one and twenty year and afterward be Leonard make  another lease for year to begin at the end of the first lease it be hold that  the second lease be not good but in the great case upon that point in the  exchequer Chamber Leonard er p there the second lease be in possession and to  begin present and run with the other and therefore it be adjudge a good lease  because the land be not charge with more than with year in the whole and if it  have be so do here it have be good Wray say that if the second lease have be  make two or three year before the expiration of the first lease then clear it  have be void but because but one two or three day or a month before he doubt  if it shall be void or not the statute of h lease make for one and twenty year  to be good from the day of the date thereof and one make a lease to begin at a  day to come and by two of the justice of the common plea it be good but the  two other justice hold the contrary Clench justice there be no difference if  it be by one deed or several deed and therefore he hold that if the earl have  make a lease for one and twenty year and within a year another it be a void  lease whether it be by one deed or two deed for he exceed his authority and so  in the principal case if there have be no proviso he can not have make any  lease therefore the proviso which give he authority ought precise to be  perform at another day it be argue by Daniel for the lessee in reversion to  begin at a day to come and by he word only be not to be take or consider in a  statute b t the meaning of they and they be not to be sever also statute law  be to be expound by the commonlaw and by the commonlaw if one give authority  to another to make lease of his land he man make lease in reversion because a  authority shall be take most beneficial for they for who it be give so if one  grant a authority to make estate of his land by that general word he may make  lease for year or life or gift in tail feoff or other 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 that case be in the duchy between Alcock  and Hicks it be good by statute law for the statute of Richard which give  authority to beneficiary and use to make lease he may thereby make lease in  reversion the statute of h which give authority to the chief officer of the  court of surveyor to make lease if it livre d stay there he may have make  lease in reversion but the say statute go further and say proviso that he  shall not make a lease in reversion vide h dyer the statute of h of lease to  be make by husband of the land of their wife by the general word of the say  statute they may Leonard make lease in reversion but the statute go further  proviso that there shall not be any former lease in be above year before the  make of the say lease in all case of statute which be with proviso the law  upon they shall be take general if not in such particular which be restrain by  the proviso as here the proviso go to the ancient rend to be reserve that the  countess shall have remedy against the lessee for the say rend c therefore it  be at large in all other point beat I these as if the wife be within age and  she and her husband join in a lease yet this lease be good by the statute of h  because the law be general and do not restrain these imperfection express so a  feoff in fee with warranty proviso that he shall not vouch yet that be a  restraint as to the voucher only and be be at large to rebutt or have  warrantia paper a lease for life proviso he shall not do voluntary waste he be  at large to do other waste but otherwise it be if there be no proviso  therefore a proviso make the word precedent to be expound more liberal the  word of the statute of h cap of surveyor which give authority to the chief  officer to devise set or let for year be may have make a lease for year in  reversion if the proviso have not be but the word of the Act in our case be  demise demise therefore shall be take most liberal as to the intent of the Act  this lease be within it for the intent be to be collect out of the word and  shall not be draw to any private intent against the word which shall be do  here for by such exposition the earl his heir executor c shall be prejudice  and the countess only shall he benefit also remedy be give to the countess by  this Act against such lessee that she shall have the rend by debt or distress  as if she have be party or privy therefore it be reason way line that they  have remedy against her for their lease also he say that the same remedy shall  be for they as against the earl himself if he have live therefore they shall  have remedy against her who may have have it against the earl in his life also  the statute be to be expound accord to the word where such exposition be not  rigorous nor mischievous also Leonard er p private law be to be expound by the  letter and strict as the deed of the party as e Br parliament a particular Act  be make that the Chan ell I call to he one of the justice may award a subpoena  between a and b and end the matter between they there by all the justice but  Littleton he shall not award a subpoena general but a subpoena make mention of  the Act for he shall pursue the particular Act strict and a common Act for the  common profit shall be construe large also a Leonard statute shall not be  construe large by equity to the overthrow of a estate as the statute which  give that if a woman consent to a ravisher that the next heir shall enter if  the daughter enter and afterward a son be bear he shall not put out the  daughter because the statute shall not be draw to a private intent to the  overthrow of a estate vest before lawful in the daughter therefore neither in  our case the Act shall not be draw to a private sense for the benefit of the  countess to overthrow the lease for year and it be not like to the case which  have be put if he make a lease for twenty year and for other twenty year the  same be not good by the Act which case I agree for that be a lease for forty  year Egerton solicitor contrary as to the word demise from dismission the same  be nothing else but a let of the land so lease be from laiser a French word  and such a demise at a day to come be a interest of a lease and not a lease it  self for he have not let the land as if I say I let you my land for year when  shall you have my land shall you have my land at a day to come or present if I  sell you land and covenant that it be discharge of all other encumbrance than  lease for year and there be a lease to begin afterward for year I have break  my covenant if I be bind to make you a lease for year and I say to you I make  a lease to you to begin year after I have forfeit my obligation if the custom  of a manor be that dominus pro tempore may make lease for year may he make a  lease to begin year after true not if there be not a special custom to make it  good if I give authority to my steward to make lease of my land for year he  can make a lease to begin at year hereafter as to the case of the duchy there  the condition be that he shall make lease accord to his discretion therefore  there he may make such lease as be please as to the statute of Richard which  enable beneficiary and use it be not like to our Act or statute for that be  that feoff estate c therefore he may make such lease without doubt if I devise  that my executor shall make lease of my land for year he can make a lease for  to commence year after and if they do not make they within convenient time the  heir shall avoid their authority so the statute law have such exposition that  the precise time ought to be observe as the statute of e cap receipt to  voucher if the tenant vouch to warranty a dead man and the demandant will aver  that the vouchee be dead or that there be none such there the averment shall  be receive without more delay upon that statute the case in e where one vouch  to warranty and a summone ad warrantizandum Leonard issue and then come the  demandant and will have aver that the vouchee be dead the tenant say he ought  to aver the same upon the voucher to warranty and that now he have surcease  his time to take advantage of the time and the demandant say that the statute  do not bind he to that nor prescribe any time but leave the same general yet  by the court it be award that he shall have the averment the time of the  voucher or not at all so the statute of h cap if a woman who have a jointure  for life or in tail and suffer a common recovery accord to the statute of h  cap 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 and  the like for if there be a mean instance between the recovery and the assent  then any assent after be nothing to the purpose for the recovery be once void  by the statute it can be make good by assent afterward vide dr student and yet  the statute say provide that the Act shall not extend to any such recovery  discontinuance 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 do not say if the assent  ought to be at one time or at another but to come to lease upon statute before  the statute of e cap if lease be not find by office they shall be oust and put  to their traverse but put case that after that statute a lease to begin at a  day to come be not find by office shall it be aid by that statute No true and  so it be hold Leonard er p in the court of ware at this day and the Lord chief  justice of England so hold in his read at lincoln inn 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 take effect as a deed and when they take  effect not to be execute for so they may make infinite lease quaere the  further part of Egertons argument in this case and vide in cook I part of his  report where this case be report to be adjudge that the lease make in  reversion by the earl be a void lease I Leon Leon   Rep fitzwilliam case