So, a chancellor of a church, treasurer, præcentor. R. 1 Lev. 112. But a parson, or vicar, are not enabled by the st. 32 H. 8. (c) Yet they are restrained by the st. 13 El. 10. to make leases above three lives, or twenty-one years. Co. L. 44, b.

(G 5.) What leases are warranted by those statutes, and what Vide Baron and Feme, (G 3.-K.) Vide ante,

not.

(B 32.)

By the st. 32 H. 28. Persons seised of an estate of inheritance in right of their churches, may lease all manors, lands, tenements, or other hereditaments, whereof they are so seised.

And this extends to all persons seised in fee in right of their church: as, to a chancellor of a cathedral church. R. 1 Lev. 112.

To a prebendary, treasurer, &c. 1 Lev. 112. R. Cro. El. 350.

4 Leo. 51.

A dean, archdeacon, and all others seised in right of the church, except a parson, and vicar.

But a lease, grant, estate, &c. is void by the st. 1 El. 19. and 13 El. 10. (d) made of any manors, lands, &c. or other hereditaments, being parcel of the possessions of such bishoprick, college, &c. (or belonging to the same, by the st. 1 El.)

And these words shall be understood of possessions, &c. concerning the bishoprick. 10 Co. 61. a.

And therefore, if a bishop grants a rent-charge, it does not bind his successor. 5 Co. 15. a.

Or, grants an annuity; though it is personal: for it is a charge in respect of the bishoprick, and his successor would be charged. 5 Co. 14. b. R. 10 Co. 61. b. Bridg. 31.

Or, suffers a recovery against him in a writ of annuity, by verdict or confession. 10 Co. 61. a.

Or, makes any charge or incumbrance. 10 Co. 60. b.

54. rent, and the manor usually at 10s. rent, makes lease of the tenement for three lives, rendering 5s., and afterwards leases the whole manor for three lives to another rendering rent, and dies. Ruled, 1°. that the reversion of the tenement passes by the lease of the manor; 2°. and, therefore, that the lease of the manor quoad the tenement shall not bind the successor, because there would then be six lives in being for the tenement, and the lease would be dispunishable of waste. 3°. It seems, that the lease of the manor is also voidable, because the rent issues also out of the tenement. (Quære of this, for here the rent as well for the tenement as for the manor is reserved on the second lease, so that though the tenement should be evicted, the entire rent for the manor would continue.) 4°. But it was agreed that the lease of a copyhold manor usually demised, or of a manor consisting of demesnes, copyholds, and services usually demised, is good to bind the successor. 5o. The lease is only voidable by the successor; and, therefore, if he accepts the rent, it is good against him. M. 20. Jac. C.B. Bishop of Gloucester against Wood, M. 5. Car. C. B. Sheir and Penter, on lease by the Bishop of Exeter.

(c) The Annotator adds, from Hal. MSS., prebend simple, or prebend with office, as is precentor, is enabled by the st. 32 H. 8. adjudged. Bro. Leases, 62. M. 36, 37 Eliz. Watson and Major. T. 18 Jac. case of Precentor of Paul's.

(d) 1. The Annotator subjoins to Co. Litt. 45. a. from Hal. MSS. Nota, the stat. 13 Eliz. c. 10. quoad tenements in cities, is altered by the stat. 14 Eliz. c. 11., which permits leases of them for forty years; and therefore it has been ruled, that covenants for renewing leases of messuages in cities, are not prohibited by 18 Eliz. c. 11., which only restrains leases against the statute of 13 Eliz. Hob. Ca. 352. Crane and Taylor.-2. He adds, see Hob. 269.-3. Vide supra, 74. n. (a).

Or,

Or, makes a confirmation of a lease by his lessee. 5 Co. 15. a. So, if he grants the next avoidance. R. 10 Co. 60. b. Cro. Car. 259. R. Cro. El. 440. 5 Co. 15. a. 1 And. 244.

Or, makes a disposition of any thing in his power, except by lease for lives, or years, not restrained. 10 Co. 60. b.

Or, permits an usurpation upon a church which belongs to him.

R. Jon. 46.

So, if he grants new offices, which are not of necessity, &c. R. 1 And. 244.

Or, an antient office with a new fee. R. per 3 J.

Cro. Car. 49. Or, an antient fee, una cum 31. per anuum: for the grant is intire; and therefore, being with a new fee, it is void. Dub. Cro. Car. 48. Semb. that it is void only for the new fee. Bridg. 32. Ley, 71. Vide infra.

So, if he grants an antient office to two, where it was usually granted only to one. R. 10 Co. 61. R. Cro. Car. 259. R. Jon. 264.

Ör, grants in reversion, an office granted only in possession. R. 10 Co. 61. R. Cro. Car. 259. R. Jon. 264.

So, if the grant be of things in grant, out of which a rent cannot be reserved: as, of an advowson, fair, franchises, &c. Co. L. 44. b. 10 Co. 60. b. R. 5 Co. 3. D. Bridg. 30.

Yet a grant of offices of necessity, confirmed by the dean and chapter, &c. is not restrained by the st. 1 El. or 13 El. if it be with the antient fee: because there is no diminution of the revenue; and it is therefore good against the successor. R. 10 Co. 61. (e)

So a grant of a new office of necessity, with a reasonable fee, being confirmed by the dean and chapter, is not restrained; and the reasonableness of the fee shall be adjudged by the court: as, the office of keeper of his house and gardens, with a fee of 31. R. Cro. Car. 48. 10 Co. 61. b. Bridg. 31.

The office of parker, and steward.
Ley, 71.

The office of commissary, or official.
So a grant of the office of register

-

R. Cro. Car. 48. Bridg. 29.

R. Jon. 264.

R. Jon. 264. Cro. Car. 258. by the bishop of Bristol, &c.

(e) 1. Co. Litt. 44. a. -2. The Annotator subjoins from Hal. MSS. Vid. 29 Eliz. Case of the bishop of Chester, who had antiently used to have a counsel who had a fee. This grantable by the bishop with consent of dean and chapter. Nota, though it be not an office of time which, &c. yet grantable, if of necessity, as in the case of the bishop of Gloucester, founded within time of memory. M. 1. Car. C. B. Crook, n. 8. Cook and Young.. 3. Vide that it is holden, that though it be a new office, yet if necessary and the fee is reasonable, being confirmed, it shall bind the successor; and vide the grant of antient office and fee, with the addition of a new fee, which notwithstanding seems good, becausé, the office is antient. M. 2 Car. C. B. Crook, n. 7. Gee's case. -4. If it had been usual to grant an antient office to one only, a grant to two is not good. But if it has been once granted to two, or granted in reversion before the statute 1 Eliz., then it shall be intended to have been usually so granted, and such grant to two or in reversion shall bind the successor. T. 8 Car. B. R. Crook, n. 2. Walker and Lamb. M. 8 Car. B. R. Crook, n. 19. Young and Steele concerning the official and commissary of the bishop of Lincoln, and the register of the bishop of Rochester.-5. He adds, Ley, 75. is contrary to Gee's case cited by Lord Hale. — 6. See farther as to the grant of offices, New Abridg. Offices, D.-7. See also 1 Burr. 219. the case of Sir John Trelawney, and the bishop of Winchester, in which the court held, that an office and fee which existed before the 1st of Eliz., are not within the restraint of that statute, but that they may be granted as before the statute, and that the utility or necessity of the office is not more material since, than it was before.

newly

newly founded, as well as by an antient bishoprick, if it was usually granted before the st. 13 El. 10. R. 2 Lev. 137.

So, a grant of an antient office with an antient fee, if by another grant a new fee be also added, it is void only as to the new fee. Vide supra. So a grant in reversion is good, where antient grants have been in reversion. Cro. Car. 259.

Or a grant to two, where antient grants were so; though they were not of late time. 4 Mod. 17.

And usage since the statute is evidence of antient usage at the time of the statute. R. 4 Mod. 17.

So, a confirmation of a lease after 13 El. if the lease was made before the st. 13 El. 10. 5 Co. 15. Vide Ante, (G 3.)

So a lease by a bishop, as trustee for a charity, is good against his successor; though it be not conformable to the statute. Duke, 139. A lease within this statute ought to be by indenture; and not by deed poll, or parol. Co. L. 44. a.

So it ought to commence from the making. Co. L. 44. a. Vide post, (G 8. 9.) (ƒ)

Or, from the day of the making. Vide the st. 13 El. 10. 44. a. (g). Cont. Co. L. 45. a.

Mo. 253.

Co. L.

Or, a datu; for, that shall be construed to be from the delivery, ut res magis valeat. R. per 3 J. Treby cont. 3 Lev. 439. Semb. Mo. 107. And therefore, to commence at a future day, is void.

3 Leo. 131.

1 Leo. 36. So it ought not to exceed three lives, or twenty-one years. Co. L. 44. b.

And therefore, if it be for four lives, it shall be void; though one of them dies in the life of the lessor. 10 Co. 62.

So, if it be for three lives and twenty-one years also, both together; for the statute speaks in the disjunctive. Co. L. 44. b. (h) R. 5 Co. 2. Mo. 253. R. Cro. El. 141.

But a lease for three lives, though the lessee is not one of them, shall be good. R. 6 Co. 37. b. 2 Cro. 76.

So a lease for one, or two lives, or for less than twenty-one years. Co. L. 44. b. R. 1 Leo. 306.

Or, for ten years, and afterwards for eleven years.

1 Leo. 148.

Or, for twenty years from Michaelmas next. 1 Leo. 148.

So a lease for twenty years, and another for twenty years after the end of the former, is good within the st. 14 El. (i) Poph. 9.

Semb. 3 Keb. 196. (k)

(f) Supra, (B 32.)

Cont.

So

(g) The Annotator from Hal. MSS. subjoins, Vid. 7 Eliz. Dy. 246. Lease for twenty years, to begin at next Michaelmas seems good.

(h) 1. The Annotator subjoins from Hal. MSS. M. 29, 30 Eliz. Clench, 138. Grindal's case.-2. He adds, see S. Č. 4 Leon. 78. 1. and 65. and Mo, 107. and the observations upon it, New Abrid. Leases, E. rule 3.

(i) 1. If, says Lord Coke, a bishop make a lease for twenty-one years, and all those years being spent saving three or more, yet may the bishop make a new lease to another for twenty-one years, to begin from the making, according to the exception of the statute, but not a lease for life or lives, as hath been said. Co. Litt. 45. a.—2. The Annotator subjoins from Hal. MSS. accordingly adjudged, though the concurrent lease was to commence à datu indenturæ. T. 21 Eliz. rot. 124. Fox and. Collier, M. 22, 23 Eliz. C. B. rot. 2409. Scot and Brewster. H. 22 Jac. B. R. rot. 11. Evans and Ascu adjudged. T. 3 Car. P. 33 Eliz. W. 14. Southcot's case.

(*) 1. If there be an old lease in being, it must be surrendered, or expired, or ended

So it shall not be, without impeachment of waste. Co. L. 44. b. And therefore, a lease to one for life, remainder to another for life, is not good: because waste cannot be punished. Co. L. 44. b. Mo.

387.

So a concurrent lease for life shall be void, though it be confirmed by the dean and chapter, &c. for the former would be dispunishable for waste. Co. L. 45. a.

But a lease for three lives is good: for the occupant shall be punishable for waste. Co. L. 44. b.

So it ought to be of lands most usually demised, or occupied by the farmers of it, for twenty years next before. Co. L. 44. b.

And the demise ought to be by him who has the inheritance: for a demise by tenant by the curtesy, or in dower, or guardian in chivalry, &c. is not sufficient. Co. L. 44. b. (7)

But it is sufficient, if the land has been usually demised, or occupied by farmers within twenty years, in the disjunctive: and therefore, if land antiently demised, be purchased by a bishop, and manured fifteen years in his hands, it may be afterwards demised. R. per 2 J. 1 Sid. 316. 416. 1 Lev. 213. but 2 J. Cont. there. Ray. 165.

So a demise by will, or a grant by copy, is sufficient, if it be for eleven years or more, at one or several times. Co. L. 44; b. R. 6 Co. 37. 2 Cro. 76. R. Mo. 759.

And the most accustomable, (m) rent, paid for twenty years next before, ought to be reserved annually during the term. Co. L. 44. b. (n)

And therefore, a lease of a thing, out of which rent cannot be reserved, shall be void against the successor; as, a lease of a fair, franchise, or other thing not manurable. R. 5 Co. 3. a. 2 Cro. 111.

Or, of tithes, &c. R. per 3 J. Mo. 778. R. 2 Cro. 173. 112. (0) Though the antient rent be reserved; for it is not incident to the reversion, though it be good by way of a contract. R. 5 Co. 3. a.

within a year of the making of the lease, and the surrender must be absolute, not conditional.. 2. The Annotator from Hal. MSS. subjoins, Feme covert tenant for life; reversion in tail; husband surrenders; tenant in tail leases for three lives; the wife dies. Adjudged that this is a good lease to bind the issue. Sydenham and Cops cited by Popham. Mo. 783.

(2) The Annotator from Hal. MSS. subjoins; lease by the king during vacancy of bishopric will not enable. B. R. Dennye's case. Vid. Dy. 271.

(m) A lease by a bishop, wherein more than the old rent was reserved, was held good; two of the judges, however, who were absent when the case was argued, were of a different opinion. 2 Mod. 57.

(n) 1. The Annotator from Hal. MSS. subjoins, 6 Rep. 37. T. 3 Jac. Crook, n. 6. -2. He adds, see Cro. Jac. 76.

(0) 1. Co. Litt. 44. b. - 2. The Annotator subjoins from Hal. MSS., But if tithes have been usually let to farm, they cannot be leased for life to bind the successor; but they may be leased for twenty-one years, rendering the antient rent, and it shall bind the successor. Mo. 778. T. 2 Jac. B. R. Adjudged in Dennye's case, and the rent goes with the reversion. Nota, It was the case of the precentor of Paul's. 3. He adds, see New Abridg. Leases, E., rule 5., where many authorities are cited to prove this difference between leasing tithes for life and for years, and that in the latter case the lease will bind the successor because he may have debt for the rent, which will not lie for him on a freehold lease.-4. But the distinction is no longer of any importance; for the 5 G. 3. c. 17. makes leases of tithes and other incorporeal hereditaments by ecclesiastical persons, whether for lives or for years, as good as if the leases were of corporeal hereditaments, and gives action of debt to the successor, for rent reserved on freehold leases.

Yet

Yet if the demise was for years, for which the successor may have remedy for the rent in respect of the contract, it may be good. R. 2 Cró. 112. D. 2 Sand. 304. Per Hale, Hard. 326.

So a lease is not good, where part of the lands never were demised: for then the antient rent cannot be reserved. Mo. 199.

So a lease is not good, which reserves the rent in silver, which was before in gold; for it is not the accustomable rent. R. 5 Co. 5. b.

Or, reserves the antient rent pro ratá. 5 Co. 5. b. Or, joins two farms, and reserves the rent of both together. 5 Co. 5. b.

Or, if two farms were antiently demised, and the demise is of one, rendering the antient rent, without saying, what rent. R. Cro. Car. 95. Or, if a copyhold be purchased in, and the antient rent is augmented pro ratá. R. 5 Co. 5. b. Mo. 199.

Or, if two acres with other lands, are demised, and the antient rent of the two acres be reserved for the whole. R. 2 Jon. 111.

Or, if two acres are demised, without an exception of trees, which usually were excepted, reserving the same rent. R. 2 Cro. 458. (p)

So, by st. 18 Eliz. 6. No master, provost, &c. of any college, &c. in any of the universities, Winchester, or Eton, shall lease any the lands, &c. to which any any tithes, arable land, meadow, or pasture belong, unless a third of the old rent be reserved in corn, &c.

The rent reserved upon the last lease is the accustomed rent. Hard. 326.

If there be a covenant to pay, which is effectual, it is tantamount to a reservation. Hard. 326.

But if a copyhold escheats, or is forfeited, it may be demised with the manor rendering the antient rent, with an augmentation pro ratú. 5 Co. 5. b. Mo. 199. 759.

Or a partition be made, and the rent of each part be reserved pro ratá. Co. L. 44. b.

So it shall be good if the rent be reserved yearly or half-yearly, where it was before quarterly. Semb. cont. 5 Co. 5. b. R. acc. 6 Co. 38. à. 2 Cro. 76. R. Cro. Car. 17. Co. L. 44. b.

Or, if he reserves eight bushels of corn, where it was before one quarter. 5 Co. 5. b.

So, if he reserves the antient yearly rent; though an heriot, fine upon the death of the tenant, or other profit or casualty, not annual, be not reserved; for the statute speaks only of yearly rent. Co. L. 44. b. R. 6 Co. 38. 2 Cro. 76. R. Mo. 759.

So, if he reserves the antient rent, though part of the lands antiently demised for it be excepted. R. per 3 J. 2. cont. and afterwards affirmed in B. R. 1 Mod. 203. 2 Mod. 57.

If reserved at the antient days of payment, or twenty days after: for that is for the benefit of the successor. R. 2 Lev. 62.

(p) The Annotator, from Hal. MSS. subjoins to Co. Litt. 44. b. Prebend makes lease for years, reserving the running of a colt, rendering rent. A new lease rendering the same rent, without reserving the running of a colt, adjudged good; because quoad this it is neither reservation nor exception. But if lease be of a manor, except the woods, rendering rent, and after the expiration of it there is a new lease rendering the same rent without such exception, the second lease is bad. T. 18 Jac, B. R., case of Preventor of Paul's.