baily and mum and silby ante in a ejectment on lease by Charles buck vicar of  cranbrook in ken special verdict find Fletcher vicar and seize of the vicarage  and october Elizabeth demise to portreeve for ninety nine year for six  shilling rend confirm by the patron and the dean and chapter that during this  lease there be a alteration from three to Keble er p seven house that  cranbrook be a market and that these house be no part of the mansion they find  Elizabeth cap and the statute of nonresidence h cap Elizabeth cap fletchers  lease expire then Cooper lease for three year to goulston for per annum and  before the expiration of that he make a new lease septemb to begin at mich  next which be confirm and all the rend but one shilling for one great then  Cooper die and buck be make vicar c sir William Jones for the plaintiff that  this lease by the death of the lessor be void by Elizabeth cap by nonresidence  the word be not conditional which be save by the act of God but by limitation  which as Cr more pl Poph saer and hardies case be determine notwithstanding  the act of God and this appear by the word of the statute that no lease shall  endure long than c and by the intent the lease determine with the nonresidence  else the end of the statute of hospitality repair and cure of soul will be  frustrate and the successor be not oblige to residence by this statute but  only the lessor also the clause of plurality expound the other be in the same  word and lease by curate will not continue after his death else the church  will remain without cure and the statute never consider the interest of the  lessee but leave the lessor to determine it at pleasure as to the objection  that then Elizabeth cap will be of little force its answer in that such parson  or vicar as have no cure may lease but not such as have cure and more pl and  Mot and hale case Cr pl be express thus and the case   be on h cap that give  penalty for nonresidence which can be after party death but here its void but  admit it good yet its void for the reservation be not reserve yearly but at  such term videlicet quarterly or so many day after   this may be Keble turn  into yearly payment and thus m Elizabeth dyer pl be Payable after the year be  void also here be not the ancient rend for each parcel there be not six  shilling but only one shilling for one part Inst its say a person may several  lease but   be contrary yet it may be with several reservation as the vicar  seize of ten acre at per annum lease nine acre for and for the other here be  several remedy therefore thou the sum be the same the rend be different and  chief this lease to begin at a day to come while another be in be be not  warrant by Elizabeth cap for twenty one year there may be concurrent lease on  Anders but vet this lease be to begin from mich next be make septemb and the  statute be to begin from the make and be a disable statute and Elizabeth cap  have a express clause that no lease by that statute shall be in reversion and  this be so in common speech and intendment of law m Ph mark dyer pl on the  statute h cap it appear lease by the king surveyor to begin in going to be be  hold a lease in reversion and a concurrent lease can be make Inst on this  statute though bishop and dean and chapter may on Elizabeth make concurrent  lease and Elizabeth cap take notice of the inconvenience of the concurrent  lease and therefore have more reason to provide against lease on Elizabeth cap  than on Elizabeth and this show the practice be not so and Poph the lease by  Magdalen college to standish be imperfect on which lease the question depend  but the question be on a second lease to standish and a three lease to caryi  the first lease be expire its resolve the first lease be surrender by take the  second lease but whither a second lease for twenty year be good during a  former of twenty year be but only Pophams opinion and this question need not  if the first be surrender by take the second sergeant Hardres for the  defendant make only two point that the lease be not void by the death of the  encumbent which at commonlaw be plain Inst and dyer e pl and this liberty be  not restrain by Elizabeth cap nor be the present lease void by death be no  absence within this Act which be intend voluntary as   butler and Goodales  case also the statute intend a absence that have power of return which death  be not as lamb case   and Perkins sect also the Act intend a absence  punishable also the lease for three life or twenty one year or for forty year  can be intend to determine by the death of the encumbents also Elizabeth cap  be Keble to encourage habitation which will be frustrate if death determine it  and they can be say to be absent that be not in be also death be voidance in  fact but absence only as a penalty and if death Keble er p dissolve lease  Elizabeth cap will in vain let lose Elizabeth cap torture law bad whence      Denbauds case Moll and hale case be various and uncertain and more pl robin  against Gerrard and prince encumbent absent by inhibition of the ordinary  shall not void his lease and Inst b imply that if accord to the statute the  lease be good after his death as to the second point on Elizabeth cap this be  only a future interest not a lease in reversion which Inst b differ in plead  and in point of grant the one be army pron  interrog  he be possess of  interest which can h be actual surrender h and light   but lease of reversion  may or release c and   coin the like difference between lease of reversion and  in reversion also a future lease be not within the mischief of a lease of the  reversion which prevent waste as Inst and the statute intend to preserve the  same remedy for the successor as for the lessor Poph and notwithstanding  future lease coffin hinder not debt by lessor for the first rend also  Elizabeth restrain not the lease to the make which be that make the doubt in  dyer pl also the intent of this law appear by the proviso that it be not for  above forty year and the lease in question be only for twenty year during the  lease for three year and if the former statute will endure a concurrent lease  much more will this that be enlarge also such a executory estate   Saffins  case and Inst b Cr Bruerton and   Rawlins case shall pay no rend till  possession begin also the end of the Act be for habitation must be expound  liberal to that end Cr runt and Singletons case have two lease in be which  exceed forty year also this will overthrough all concurrent lease which be as  much in reversion as that also   Elmers case and more pl there be two present  estate in interest which be not in this case also this be for year there be  remedy by debt also here needs no attornment and so not within the same reason  there be above forty year here lessee as Poph Thomson and Trafords case hale  chief justice say this lease can be avoid by Elizabeth cap there be no reason  for this in regard another succeed and may provide for the cure and this will  overthrough many case and mott and hale case be so Keble adjudge but robin  case be contrary and so the matter be set at large now also Cr l its admit  that the lease continue and else the provision to make lease for three life  good will be by this overthrow also a parson lease be as good against he  without confirmation as against other with as to the reservation though on  Elizabeth cap it must be yearly yet on Elizabeth cap dyer its accustom rend  and if it be yearly yet twenty day after be for the successor advantage and so  be good enough or else shall be reject but the chief question be whither a  lease in going to be be for less than forty year be void as its agree the  lease for forty year in going to be be also whether a concurrent lease for  forty year or under be good or not and in c b the lease for twenty year of a  house in a corporation lease for nineteen year the second lessee surrender and  take a new lease for forty year to begin present be adjudge void by reason of  the first lease of twenty year in be and yet this be but by estople or in  going to be for residue of year but perhaps Elizabeth cap that prohibit  concurrent lease do not extend to Elizabeth cap which be a substantive act by  put the lease out of Elizabeth cap and the statute Elizabeth recite only the  statute Elizabeth cap not this statute Elizabeth and therefore unless it be  enable to make concurrent lease as Hub crane and tailor say it be not this  lease can be make good which the court agree and that concurrent lease for  life by the bishop be make void be confirm by the dean and chapter because it  passes the reversion but for year be good for bishop be not within Elizabeth  cap of ecclesiastical person but be it res integran it may be question yet now  concurrent lease be not to be shake also there have be good opinion againg  butler and Goodales case say adjornatur