ment of learning, fhould be extended generally according to their words: it was further observed, that the parliament had itself confirmed this decifion of the question; for that in the cafe of ecclefiaftical perfons (a), it had followed the opinion of the judges whom it had confulted, that the Queen was bound by this act; an opinion which was fupported by the comparison between this act and that of the first of Elizabeth, relative to archbishops and bishops; the latter contained a clause of exception in favour of the Queen, which plainly indicated, that without that exception the Queen would have been comprehended within the general words "perfon and perfons, bodies politic and corporate," and therefore she must be within the fame words of the other act, which contained no exception in her favour; that at the parliament held 1 Jac. 1, when the bishops' bill was read to restrain them from conveying to the King, archbishop Whitgift had moved, that deans and chapters, and others having ecclefiaftical livings, fhould be restrained and inserted in the fame bill, as well as archbishops and bishops; on which it was again refolved by the judges who affifted at the time, that they were already fufficiently reftrained, and therefore they were omitted in the archbishops' bill.

THE fecond reafon offered in fupport of the present judgment was, that the King is not exempted by construction of law, out of the general words of acts made to fupprefs wrong, because he is the fountain of justice and common right, and this act was made to fupprefs wrong, namely, to prevent dilapidations and the diminutions of fpiritual livings.

A THIRD reafon given was, that the general words of a ftatute which tend to perform the will of the founder or (a) 5 Co. 13.

donor,

donor, fhall bind the King, though he be not named; and that on this principle it had been held that the King was bound by the ftatute de donis.

A FOURTH reason, which appears to be the principal, was, that in every grant, there must be a grantor, a grantee, and a thing to be granted, and when the grant of the thing is made void, the grantor is of course disabled to grant it; in the present case, the words were, that "all leafes, gifts, grants, &c. except those permitted by the act, "fhould be utterly void:" the mafter and fellows therefore were difabled to grant, and the Queen could not take from them who were fo difabled.

A FIFTH reafon, more particularly applicable to the present case, was, that acts of parliament are to be conftrued according to the intent and meaning of the authors of them; the intention of the mafter and fellows was to convey the house to Benedict Spinola and his heirs, but because they could not do it directly, they attempted to do it evasively, by granting it to the Queen and her fucceffors, on condition expreffed in the fame grant, that the Queen within three months fhould grant the house to Benedict Spinola and his heirs, fo that it had been endeavoured to make the Queen, who was the fountain of justice, the inftrument of injury and wrong.

THE fixth and last reason was, that the statute had made void all leafes, grants, &c. other than for twenty-one years, or three lives, on which the accustomed rent or more was referved, which being exprefs and demonstrative of these two particular cafes, excluded all others.

WITH refpect to the number of leafes which had been made fince this ftatute, by mafters and fellows of colleges, deans and chapters, mafters of hofpitals, &c. it was anfwered, that that had been more from the practice of the

clergy, who imitated precedents of leafes made before the ftatute, than by the advice of men learned in the law, and that the inconvenience was greater, and concerned a greater number of perfons, and in a higher degree, on this fide than on the other; for that confidering the number of colleges in the universities and out of them, the number of deans and chapters, archdeaconries, dignities, and prebends, in cathedral churches, parfonages and vicarages, and the number of hospitals within the kingdom, it would be productive of more inconvenience, to give all these and their fucceffors power from time to time for ever, by indirect means to alienate their poffeffions, than could arife from the deftruction of certain eftates and leafes made fince the ftatute, of the poffeffions either of ecclefiaftical perfons, or of the poor, originally given for works of piety and charity, and now transferred to private perfons, and converted to private uses.

As to the second point, it was refolved that the ftatute 18 El. c. 2, gave no effect to this conveyance to the Queen, but it remained of the fame force as it had before this act, for by the words of the enacting clause coupled with those of the preamble, it appears, that only fuch conveyances were established by it, as were made for fatisfaction of debts and fums of money, or other good confideration; but this conveyance was fo far from coming under this defcription, that by the very terms of it, that which might be taken as a confideration, the payment of 151. rent by the Queen, was rendered impoffible, by the condition of granting it over before any rent could become due; and there was not only an omiffion of any good confideration, but the addition of a fraudulent practice to make the Queen an inftrument of conveying the eftate to a fubject; admitting, however, that there had been a good confider

ation, yet that would not have brought the present cafe within this confirming ftatute; the only effect of that ftatute was to supply any defect of circumstance, as inrollment or the like, when the perfon granting had power over the land, and the deed was good and legal in other respects, but for want of that circumstance was not of effect to pass the thing intended to be granted (a).

To render valid a leafe made under the authority of the enabling statute (b), certain requifites, by the terms of the ftatute, must be observed. 1. It must be by writing indented, under feal, and not by deed poll, or parol. 2. It must be made to begin from the making, or from the day of the making, the words of the ftatute being, at the most from the day of the making thereof, which implies that it may be from the making. 3. If there be an old leafe in being, it must be surrendered, expire or be ended within one year next after the making of the new leafe; and fuch furrender must be abfolute and not conditional; for then the intent of the ftatute might be easily evaded, by setting up all fuch old leases again, for breach of the condition. 4. It must be either for twenty-one years, or for three lives, and not for both at the same time; for the words of the ftatute are in the alternative: and therefore, if a leafe for years be made according to the ftatute, the fucceffor cannot expel the leffee and make a leafe for life or lives. 5. It muft not exceed three lives, or one-and-twenty years, from the commencement (c), but it may be for a lefs term, or for fewer years, for the intention of the legislature was to prevent long and unreasonable leases beyond the terms of twen

(a) Vid. the fame cafe reported 1 Rol. Rep. 151. (b) 32 H. 8, c. 28.

(c) Lord Coke fays, "from the making of it," but that is evidently inaccurate, because it may be from the day of the making.

ty-one years or three lives (a). 6. It must be of lands, tenements, or such hereditaments, out of which a rent can be referved, and that after the death of the leffor, the fucceffor may have fuch like remedy and advantage, to all intents and purposes, against the leffees, their executors and affigns, as the leffor might have had against the fame leffees (b). 7. It must be of lands or tenements which have been most commonly letten or occupied by the space of twenty years next before the leafe made. 8. On every such lease, there must be referved yearly, during the fame leafe due and payable to thedeflor and his fucceffors, fo much yearly rent or more, as hath been moft commonly yielded and paid, within twenty years next before such lease made. 9. Such leafe muft not be made without impeachment of wafte.

LEASES made under the authority of the exception of ftatute El. 19. f. 5, and 13 El. c. 10, muft begin from the making (c), and not from the day of the making, in which respect they differ from those made under the authority of the statute of H. 8, which, as before mentioned, may begin from the making or from the day of the making(d).

LEASES made under the exception of the 13th El. also differ in this from those made under the authority of the ftatute of H. 8, that where any former leafe for years is in being, it must expire, be furrendered or end, only within three years, from the commencement of the new lease; whereas in the other cafe, the existing lease must expire, end, or be furrendered within one year.

(a) Vid. 1 Leon. 306.

(b) Vid. post, a more particular account of what may be leased. (c) The words of 1 El. 19. f. 5, are "from such time as any fuch leafe, grant, or affurance fhall begin," thofe of 13 El. c. 10, "from the time fuch leafe or grant fhall be made or granted."

(d) Vid. 3 Bac. Abr. Leafes, E. 2, for a variety of cafes on the commencement of leafes.