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PArre, Marquess of Northampton, took to Wife the Lady Bouchier, the Heir of the Earl of Essex,* 1.1 who levied a Fine of the Land of the said Lady, Sur Conusans de droit, &c. with a Grant and render to them for life, the Remainder to the right Heirs of the body of the Lady: And afterwards by Act of Parliament, 35 H. 8. it was Enacted, That the said Lady should hold part of
her Inheritance, and dispose of the same as a Feme sole, and that the Marquess should have the Residue, and that he might Lease the same by himself without his Wife for 21 years or less, rendring the ancient Rent, being Land which had been usually demised, &c. The Marquess Leased for 21 years, and afterwards durante Ter∣mino praedict. Leased the same Land to another for 21 years, to begin after the determination of the first Lease. It was moved in this Case, That this last Lease was void, and that for 3 Causes; 1. Because the Marquess had but an Estate for life, and then it could not be intended that the Statute did enable one who had but such an Estate determinable, to make such a Lease, which perad∣venture might not commence in his life-time. 2. The Letter of the Statute is, 21 years, or under; and the word (Under) strong∣ly expounded the meaning of the Statute to be, not to extend to such an Estate; For here upon the matter is a Lease for 40 years. 3. Because the Land demised, is the Inheritance of the Wife: And in this Case it was said, That in the Case of one Heydon, such a private Act was strictly construed; which was, That it was Enacted, That all Copies for 3 Lives, granted by the Lord Ad∣miral of the Lands of his Wife, should be good. The Admiral granted Leases in Reversion for 3 Lives: And it was holden, That that Grant was not warranted by the Statute. Dyer said, The words are general, Omnes dimissiones, and therefore not to be restrained unto special Leases; scil. to Leases in possession. Man∣wood said, A Feme Covert by duresse, joyns in a Lease with her Hus∣band, the same shall bind her.
1 Roll. 430.