$ 19. There are several other statutes, by which all alienations by ecclefiaftical perfons of those lands, tenements, and hereditaments, whereof they are feised in right of their churches, are declared void, except leafes for 21 years or three lives, which are called the difabling Statutes. § 20. The circumftances required by the statute S 32 Hen. 8. and the fubfequent ftatutes, to render leafes made by tenants in tail, husbands feifed in right of their wives, and ecclefiaftical perfons, valid and binding on their heirs and fucceffors, are chiefly these. S 21. 1ft, All fuch leafes must be by deed indented, and not by deed poll, or by parol. But if the deed be indented, whether it begins with the words this indenture or not, is not material: and, on the other hand, if it be not indented, the calling it an indenture will not make it fo. § 22. 2d, All fuch leafes must be made to begin from the day of the making thereof, or from the Inft. 44 b making thereof. § 23. 3d, If there be an old leafe in being, it must Idem. be furrendered or ended within one year next after the making the new leafe; and fuch furrender must be abfolute, and not conditional; for then the intention of the statute might eafily be evaded by fetting up fuch old leafe again, upon breach of the condition. § 24. A furrender upon condition, that the leffor should make a new leafe within a week after, has been held to be good. $ 25. The Wilfon v. 2 Stra. 1201. Thompfon v. $ 25. The leffor of the plaintiff being a prebendary of Sarum, brought an ejectment to avoid a leafe made by his predeceffor, as not being conformable to the provifo in the ftatute 32 Hen. 8. because the furrender of the former leafe was with a condition that if the then prebendary did not within a week after, grant a new leafe for three lives, the furrender should be void; whereby, as it was contended for the plaintiff, the old term was not abfolutely gone, but the leffee referved a power of setting it up again. The court after two arguments gave judgment for the defendant, this being within the intent of the statute, which was, that there fhould not be two long leafes ftanding out against the fucceffor. Here the new leafe was made within the week, and from thence it became an absolute furrender both in deed and in law. And the whole was out of the leffee without farther act to be done by him. In the provifo in the statute there was the word ended, as well as furrendered; and could any one fay the firft leafe was not at an end? This was no more than a reasonable caution in the first leffee, to keep fome hold of his old eftate, till a new title was made to him. § 26. A furrender in law by the taking of a new leafe, either to begin prefently, or on a day to come, feems a good furrender within these ftatutes; for by taking fuch new leafe, though it be to commence at a future day, the firft leafe is prefently furrendered and gone, and fhall not continue good till the day on which the fecond leafe is to commence; but by accep tance of fuch fecond leafe, the first is immediately determined, determined, because both leases cannot exift together, and the first cannot be diffolved or furrendered in part, and therefore must be furrendered for the whole. § 27. The ftatute 13 Eliz. c. 11. enacts, that all leases to be made by any ecclesiastical, spiritual, or collegiate perfons, or others, within the 13 Eliz. c. 10. of any lands, &c. whereof any former leafe for years is in being, and not to be expired, furrendered, or ended, within three years next after the making of any fuch new leafe, fhall be void, and of no effect. I § 28. 4th, The duration of all leafes made under Inft. 44 b. thefe ftatutes must not exceed twenty-one years or three lives. But leafes for fewer years or lives are good, the intention of these statutes being only to abridge the power of making long and unreasonable leafes, by reducing them to a determinate number of years or lives, which they fhould not exceed: but might be made as much under as the party pleased. § 29. If a bishop makes a leafe for four lives, and one of them dies in the life of the bishop, fo that at his death there are but three lives in being, yet the lease will be void against his fucceffor, for as it was originally void by 1 Eliz, no fubfequent event can make it good. § 30. If a lease be made to A. for the lives of B. C. and D. it is a good leafe to one for the lives of three other persons, and a leafe to three for their lives 10 Rep. 62 4. Baugh v. Cro. Ja. 76. 8 Rep. 69 b. Inft, 44 6. is all one within the intent of these statutes: for in both cafes three lives are the measure of the estate created, which is all the ftatutes require. $ 31. It appears to be understood that a leafe for fixty years, if three lives fhall fo long live, is good within the ftatute 32 Hen. 8., for in Whitlock's case it was laid down, that if a man has power to make leases abfolutely or generally, as the several persons comprised in the statute 32 Hen. 8. have, and a provifo or restraint comes after, as in that act, that fuch leases shall not exceed twenty-one years, or three lives, there a lease for ninety-nine years determinable on two or three lives was good, within the first part of the act, and not made void by the laft part thereof, because it does not exceed the three lives thereby allowed, though it be not directly for three lives. But a lease for ninety-nine years determinable on three lives could not be fupported under the difabling statutes of 1 Eliz. and 13 Eliz. for the first part of these acts makes void all eftates, gifts, grants, &c. and the last part only faves leases for twenty-one years or three lives, fo that a lease of this kind being void by the first part of these ftatutes, and not within the faving of the last part, being neither for twenty one years, nor three lives, fhall not bind the fucceffor, There is a quere added to this paffage in Bacon's Abridgement. § 32. 5th, All leafes under these statutes must be of lands, tenements, or hereditaments, whereto resort may be had for the rent referved thereout by diftrefs. For For otherwise the heirs or fucceffors of the leffors would be without any remedy for the recovery of the rent and therefore these ftatutes do not extend to things lying in grant, as advowfons, &c. whereout a rent cannot be reserved. § 33. It has however been enacted by a modern ftatute, 5 Geo. 3. c. 17., that leafes of tithes or other incorporeal hereditaments alone, may be granted by any bishop or eleemofynary corporation, and the fucceffors fhall be entitled to recover the rent, by an action of debt, which in case of a freehold leafe they Tit. 28, c. 1. could not have brought by the common law. § 34. 6th, There is a provifo in the statute 32 Hen. 8. that it shall not extend, " to any lease of any manors, "lands, tenements, or hereditaments, which have "not most commonly been letten to farm, or occupied by the farmers thereof, by the space of twenty years next before fuch lease thereof made." 66 66 § 35. The intention of this claufe was to prevent the perfons enabled by the ftatute to demife, from making leafes of their manfion houfes and demefnes, fo as to bind their heirs or fucceffors; as that cir-cumftance would have produced a great decay of hospitality. S36. Various opinions have been held upon the construction of this claufe. The better of them feems to be that it confifts of two parts in the disjunctive, and if either of them be obferved it is fufficient to fupport f. 17. Bac. Ab. Tit. |