coke b berwicks case Trin Elizabeth in the exchequer see Savill v bethell Ch  the queen by letter patent make a demise for life in consideration of the  surrender of a former lease also make by letter patent at the time of the  grant last make the patentee have make several assignment and demise of the  premise hold the demise for life be void a lease by the queen in consideration  of the surrender of all the lessee estate be void where the lessee have  previous demise part if the consideration be it executory or execute or be it  on record or not on record be not true perform or if prejudice may accrue to  the queen by reason of nonperformance of it the letter patent be void if a  demise be make habendum from the day of the make the day be exclude a estate  of freehold can commence in going to be but a lease for year may if a man make  a lease for year to a and b the remainder foe life to c he ought to make  livery to a and b before their entry by such livery c shall take a present  estate for life by way of remainder coke report a er p livery make to one of  two joint atorneys in the name of both be not good but livery to one of two  joint lessee for year in the name of both be good and support a remainder for  life livery can be make to one in the name of he and of another who be absent  whereby a estate of freehold shall pass to he who be absent without deed SC  more   b   a roll Rep keb style Hardr lane I in a information of intrusion  into a house and certain land in SuttoninGaltres in the county of York against  Peter Barwick and other the case be such e by his letter patent maii year  demise the manor of Sutton whereof c to Thomas Tirril for year and afterward  queen Elizabeth have the reversion by her letter patent maii in the that year  of her reign recite the say lease demise the say manor to Humphrey Barwick for  year in reversion Humphrey Barwick Augusti Elizabeth n indenture grant to one  story a house and cross parcel of the say manor from the Feast of saint  Michael for year and maii Elizabeth demise to John rag et another parcel of  the say manor for year from the say Feast of saint Michael and another demise  of another parcel to William Simpson for the like term and afterward queen  Elizabeth Noy year by her letter patent recite Cr car a the say lease to  Humphrey Barwick pro in consideration up godb b redditionis tolius status  distinction termin to swim up interest de in prmiss per prd litter paten eiden  humfrido concession demise and grant the say manor to the say Humphrey for  year whereas in truth the say Humphrey have not surrender all the say term  grant to he for he have make diverse assignment and demise as be aforesaid and  afterward queen Elizabeth Julii year in consideration of the surrender of the  say letter patent de year Elizabeth and of all the estate term and interest by  they demise and grant demise and grant the say manor to the say Humphrey  habend a Alein c die confection earund literar patent for the life of three  other and the survivor of they and under this latter demise the defendant coke  a claim and whether this latter lease be good or not be the question and after  many argument at bar and bench judgement be give by sir William periam chief  baron and the whole court of exchequer for the queen and in this case two  point be resolve inasmuch as the valuable and material consideration of the  say letter patent for three life be false and thereby the queen deceive by  consequence the say lease for three life be void for the consideration be that  the say lease shall be surrender and in truth the former lease be void so the  cause and motive of make the lease be false and therefore the say late lease  make on such consideration be void also and the former lease de year be void  because it be make in consideration of the surrender of all the estate term  and interest demise by the letter patent de year Elizabeth whereas in truth  all the estate be not surrender roll Rep Davis a   b lane hard hob more hut  for be make diverse demise and grant of certain parcel of the say manor before  and that may be very mischievous to the queen for her lessee may demise all  the land to he demise save a small parcel and for a small term in reversion  and after surrender to the queen and take a new lease with reservation of rend  and condition of reentry and in that case neither the new rend nor the  condition will extend to the estate and interest derive out of the first lease  and it be a maxim that if the consideration which be for the benefit of the  queen be it execute or executory or be it on record or not on record be not  true or not duly perform or if prejudice may accrue to the Q by reason of  nonperformance of it the letter patent be void but a consideration personal  pass as that he have do service or pay l to the king though it be false  vitiate not the grant holland v fisher oh Bridgm a coke report b er p and in  the case at bar it be for the advantage and benefit of the queen that the  whole former term de year Elizabeth shall be surrender accord to the express  consideration to the intent that the rend and condition reserve on the new  lease de year shall extend to all the land demise accord to the purport and  true intention of the say letter patent also when the queen make the lease for  three life in consideration of the surrender of the say lease de year which  lease be void thence it follow that the demise make in consideration of that  surrender be void also because the Q be deceive in the consideration of her  demise for the surrender of the former term be a principal motive to induce  the queen to make a new lease and perhaps to mitigate her fine which  consideration be valuable and material ought to be true and duly perform Vid  note z a case of Alton wood   b b it be resolve that when the queen Julii year  demise the say manor to humpb Barwick habend Himself a die confection earund  literar to stand open that the say that day of July itself be without question  exclude and that the demise coke b can begin nor the lessee enter before the  that of July for this style Cr car more a a or ab be public speaking  significativaprimi termini a quo as public speaking usque termini ad who a  well ab take exclusive it be resolve that a estate of freehold can not by the  commonlaw begin more Cr Elizabeth Anders Cr car Cr James Jones godb roll Rep  Leon   light b a   a a roll Br patent Bulstr hob palm bridge Brownl blow back  again   a   b in going to be but ought to take effect present in possession  reversion or remainder and the difference be between a lease for life and a  lease for year for a lease for year may begin in going to be but not a lease  for life as if a man make a lease for year to begin at Michaelmas next ensue  it be good but if a man make a lease for life to begin at Michaelmas it be  void and the reason and cause of this difference be because a lease for year  may be make without livery of seize but so can a estate of freehold without  livery either in fact or in law and therefore when a man make a lease for life  to begin at a future day he can make present livery to a future estate and  therefore in such case nothing passes and it be say that letter patent under  the great seal amount to a livery in law and therefore by letter patent a  lease can be make for life to Cr James Cr car c begin at a day to come if any  freehold shall pass present by the letter patent from a day to come then the  queen in the mean time will have a Perk sect particular interest and term  without any palm d donor or lessor which will be against the rule of the law  but no such consequent will follow in the case of a lease for year and  therefore it be resolve in the case at bar that the lease for three life be  void Lord Ellesmere observe upon this resolution in his observation page it be  say to be resolve that the lease be void because a freehold can by the  commonlaw commence in going to be but must take effect present the reason  allege be true but the law shall construe the patent to take no effect at all  till that the estate by rule of law may commence and therefore a die  destroying shall be take to be a tempore destroying for the c j in clayton  case say that from the date and the day of the date be all one and nothing be  more usual in all the court of law at Westminster both in the case of the king  and in the case of common person for the judge to make such construction and  that the grant and lease make to poor farmer may not by such nice construction  be make void and illusory and so do my lord himself be c j of c b overrule the  same against the bishop of oxon who upon the like point will have overthrow a  lease for life make by his predecessor James king more be report agree with  Lord coke Vid upon the rule that a freehold can begin in going to be note a  buckler case Rep h p b and that the word from may be take either inclusive or  exclusive accord to the context and the apparent intention of the party note a  clayton case ante p b and Vid hem v Brabason Bridgm c because it be to begin  the next day after the testae of coke report a er p the letter patent and if  the lease shall be good the queen will have a interest for the that day and  although the lease be to begin the next day after the testae of it it be all  one in law as if have be to begin or day or year to come for the distance of  the time do not make a alteration of the law in such case and in this case it  be agree that if a man make a lease for year to a and b the   light b light  sect a remainder to c for life in that case the lessor ought to make livery to  a and b before their entry and by the livery to a and b c shall take a present  estate for life by way of remainder by force of the livery make to the lessee  for year and therewith agree light fib fol b and in such case a difference be  take by some between two joint   light b palm Skinn b atorneys who have  express authority to take livery and seize by deed and two joint lessee in the  case aforesaid who have power to receive livery for the benefit of another by  warrant in law for livery make to one attorney in the name of both be not good  for he do not pursue his express warrant unless the warrant be joint and  several   light b   light b e l for himself only have not a warrant for they  both make but one attorney but in the case of two joint lessee coke a the  livery make to one in the name of both be good for they two have a interest in  the land before their entry and the livery to one in the name of both make a  actual possession in both which be sufficient to support the remainder to c  and in the one case the livery be make to the lessee who have interest and in  the other to he who make the warrant of attorney by his atorneys who have but  a bare authority and although livery can be make to one in the name of he and  of another who be absent whereby a estate of freehold shall pass to he who be  absent without deed because his estate be only to begin by the livery yet when  a lease be make to two for year without deed the remainder for life the lessee  present have interest in the land before any livery make and therefore livery  make to one who have a interest in the name of he and the other be sufficient  to that purpose note good reader I have report this case to the intent that  the imperfection in the letter patent make to Barwick by which he lose his  lease shall be avoid in lease and principal to poor man to be make in time to  come