An exact abridgment in English, of The commentaries, or reports of the learned and famous lawyer, Edmond Plowden, an apprentice of the common law.: Concerning diverse cases and matters in law, and the arguments thereupon; in the times of the reignes of King Edward the Sixth, Queen Mary, King Philip, and Queen Mary, and Queen Elizabeth, with the exceptions to the pleadings, and answers thereunto; the resolutions of the matters in law, and all other principall matters arising upon the same. By F.H. of the Inner Temple London, Esq;

Say against Smith and Fuller.

LEase for 10. years by indenture from Michael∣mas [unspec 271] last past, the Lessee Grants, That he will pay 1000. Tiles to the Lessor, or a summ in gross at the end of the Term; the Lessor grants, That if the Lessee pays the said 1000. Tiles at the end of every 10. years from thenceforth next ensuing, That then he shall have a perpetual Demise and Grant of the premisses from ten years to ten years continually, and inconsequently beyond the memo∣ry of man, and adjudged good, except onely for the first ten years, for the incertainty of the begin∣ing, continuance and ending of the other ten years. For the second ten years begins not until the condi∣tion (which is precedent to it) be performed, for this cannot ever be performed; for all the ten years that ever shall be, precedes the payment, and the payment precedes the Lease, and so the Condition impossible. Also he cannot pay the same Tiles that he hath paid at first. Also the payment at a day af∣ter the Term ends, is good, because that the Lease Commences from M. and so M. day is not part of the Term.

Every contract to make good a Lease for years, ought to have certainty of begining, continuance, and ending of the Term, all which ought to be known at the begining of the Lease, and if any of them fails, it is not a good Lease, because it wants certainty, by Brown, a Lease Conditional is good untill the Condition broken, because the Estate precedes, and the Condition is subsequent. A con∣dition to have a Lease gains not the thing, un∣til

it be performed, as the needle precedes the threads as he ought to marry my daughter before the time limited, otherwise he shall not have the 100. l. which I promised: So 7. E. 3.308 (be∣fore fol. 25.) if he will hold over eight years to him and his Heirs, shall pay twenty pounds yearly; Debt lyeth for the Lessor for the Rent within eight years; because the Lessee hath but a Term; for the Condition precedes the Fee-simple, by Litl. fol. 81. Lessee for five years upon Condition, That if he doth such a thing within two years, he shall have Fee; but no law by Dier, because he hath not Fee until the Act done.

Referrence [unspec 273] to time certain, is as much as express nomination of the time contained in the reference: as a Lease for ten years, and so from ten to ten du∣ring an hundred years, a good Lease for an hun∣dred years, 29. H. 8. So I make a Lease until I. S. shall be imprisoned by the Statute of W. 1. cap. 20. So I make a Lease for years rendring 5. l. year∣ly, and after I grant the Rent and Reversion to B. until he hath received of the Rent 20. l. it is all one as if I had granted the Reversion for 4 years, be∣cause he shall receive 20. l. in 4. years, and so the referrence contains such certainty from the time of the Lease certainly limited; for the number of years may commence, or determine upon incer∣tainty very well; as a Lease for 20. years after that the Lessee shall do such an Act, good. So for 20. years, if the Coverture between I. S. and his wife so long continue, good. So 4. E 6 (before fol. 6. and 13.) & 14 H. 8 11. A Lease for so many years as I. S. shall name, and he names so many years in my life, good for so many years that my Exe∣cutor shall name, not because he cannot name in

my life, and so it is not a Lease in my life, and the certainty ought to be known in my life. But a lease untill I. S. who hath Execution of a Statute Mer∣chant until he is satisfied thereof, no good Lease, because Terminus contains certainty, and there it is uncertain how long the Lease will endure: So a Lease for three years, and so from three years to three years during the life of I. S. is good for six years onely, because those onely certain, and the end of the number of years intended, ought to be known at the begining.

So a person Leases for five years, and so from 5. years to 5. years during his life, is good for 10. years onely; yet he continues person above ten years. Dier said, That he knew it Ad∣judged.

Notes

• P. 6. El. in C. P. Replevi••