5 Co. 2, 5. 2 Roll 402. 5 Co. 6. Dyer115,246, not most commonly been letten to farm, or occupied by the farmers 271, 279, 30 thereof, by the space of twenty years next before such lease thereof made; nor to any lease to be made without impeachment of waste, Cro. El. 602, nor to any lease to be made above the number of twenty-one years, Cro. Car. 22, or three lives, at the most from the day of making thereof; and that upon every such lease there be reserved yearly during the same Bridgm. 29. lease, due and payable to the lessors, their heirs and successors, to 44. Latch 257. Moor 759, pl. 1050. Hob. 324. Leases made by husband the wife's lands. Jones 60. Hutt. 84. 163. Latch 45. whom the same lands should have come after the deaths of the lessors, if no such lease had been thereof made, and to whom the reversion thereof shall appertain, according to their estates and interests, so much yearly farm or rent, or more, as hath been most accustomably yielden or paid for the manors, lands, tenements and hereditaments so to be letten within twenty years next before such lease thereof made; and that every such person and persons, to whom the reversion of such manors, lands, tenements or hereditaments so to be letten shall appertain, as is aforesaid, after the deaths of such lessors or their heirs, shall and may have such like remedy and advantage, to all intents and purposes, against the lessees thereof, their executors and assigns, as the same lessor should or might have had against the same lessees. So that if the lessor were seized of any special estate tail of the same hereditaments at the time of such lease, that the issue or heir of that special estate shall have the reversion, rents and services reserved upon such lease after the death of the said lessor, as the lessor himself might or ought to have had if he had lived. III. Provided alway, that the wife be made party to every such and wife of lease which hereafter shall be made by her husband of any manors, lands, tenements or hereditaments, being the inheritance of the wife; 3 Leon. 132. and that every such lease be made by indenture in the name of the husband and his wife, and she to seal to the same; and that the 1 Roll 159, farm and rent be reserved to the husband and to the wife, and to the heirs of the wife, according to her estate of inheritance in the same: and that the husband shall not in anywise alien, discharge, grant or give away the same rent reserved, nor any part thereof, longer than during the coverture, without it be by fine levied by the said husband and wife; but that the same rent shall remain, descend, revert or come after the death of such husband, unto such person or persons and their heirs, in such manner and sort as the lands so leased should have done, if no such lease had been thereof made. 25 H. 8, c. 13. Leases of farms. IV. Provided also, that this act extend not to give any liberty or power to any person or persons to take any more farms, leases or takings of any manors, lands, tenements or other hereditaments, than he or they should or might lawfully have done before the making of this act; nor extend to give any liberty or power to any or vicarages. parson or vicar of any church or vicarage, for to make any lease or Leases of parsonages A confirmation of leases grant of any of their messuages, lands, tenements, tithes, profits or hereditaments belonging to their churches or vicarages, otherwise or in any other manner than they should or might have done before the making of this act; any thing contained in this act to the contrary notwithstanding. V. And furthermore be it enacted by authority aforesaid, that all made before leases at any time within the space of three years next before the by certain persons, and conditions. twelfth day of April in the thirty-first year of our sovereign lord the the statute king's reign, made by writing indented under seal, by any person or persons of full age, of whole memory, not unlawfully coarcted, nor upon certain being covert baron, for term of years, of any manors, lands, tenements or other hereditaments, whereof the lessor or lessors were seized of any estate of inheritance of and in the same, to their own only use, at the time of making any such lease thereof, and whereof the lessees, their executors or assigns, be now in possession by virtue of the same lease, and no cause of re-entry or forfeiture thereof had or made, shall be good and effectual in the law against the lessors, their heirs and successors, and the heirs and successors of every of them, according to the covenants, articles and agreements specified in every such indenture or lease: so always there be reserved and yearly payable during the same lease to the said lessors, their heirs or successors, or to such other as should or ought to have had the same manors, lands, tenements or hereditaments so leased after the decease of such lessors, in case no such lease had thereof been made, as much yearly rent for the same, as was at any time therefore yielden or paid within twenty years next before the making of any such lease, or else such leases to be of no other force nor effect than they were before the making of this present act. band's only shall not or her heirs. VI. And moreover for certain consideration be it enacted by The husauthority aforesaid, that no fine, feoffment or other act or acts here- act of the after to be made, suffered or done by the husband only, of any wife's land manors, lands, tenements or hereditaments, being the inheritance or prejudice her freehold of his wife, during the coverture between them, shall in any wise be or make any discontinuance thereof, or be prejudicial or hurtful to the said wife or to her heirs, or to such as shall have right, title or interest to the same by the death of such wife or wives; but that the same wife and her heirs, and such other to Explained by 34 & 35 H. 8, whom such right shall appertain after her decease, shall and may c. 22. then lawfully enter into all such manors, lands, tenements and 6 Ed. 1, c. 3. hereditaments according to their rights and titles therein; any such fine, feoffment or other act to the contrary notwithstanding; fines Moor 58, levied by the husband and wife (whereunto the said wife is party and privy) only except. 13 Ed. 1, st. 1, c. 3 & 40. pl. 164. Moor 872, pl. 1215. by the hus inheritance Gold. 102, Hob. 243, 261. Dyer 72, 264, 368. Co. Lit. 326. 2 Roll 410, 491, 499, VII. Provided furthermore, that this clause or act extend not to Leases made give any liberty to any such wife, or to her heirs, for to avoid any band and the lease hereafter to be made of any the inheritance of the wife by her wife of the husband and her for term of one and twenty years, or under, or any of the wife. her inheritance for term of three lives at the uttermost, whereupon pl. 119. as much yearly rent or more is or shall be reserved, and yearly payable during the same lease, as was at any time therefore yielden or paid within twenty years next before making of any such lease, according to the tenor of this present act; any thing therein contained to the contrary notwithstanding. by ecclesias VIII. Provided also, that this act extend not to make good any Leases made lease or leases heretofore made by any ecclesiastical person or per- tical persons sons by their covent or common seal, which be made void or taken away by authority of any act of parliament heretofore made; nor extend to make good any lease or leases heretofore made by any attainted of Roll 507. treason. c. 19. 13 Eliz. c. 10 & 20. See further ecclesiastical person or persons now being attainted of treason, concerning Ez, under their covent seal, or otherwise; or by any other person or persons now being attainted of treason by act of parliament, or otherwise; but that all and singular such lease and leases, and every of them, now made, or hereafter to be made, shall be of such 18 Eliz. c. 6. like effect and strength in the law, and none other, as they and 43 Eliz. c. 9, and 29 Geo.2, every of them were before the making of this act; any thing before mentioned in this act to the contrary thereof notwithstanding. 14 Eliz. c. 11 & 14. c. 31. Leases of hospitals, &c. good with consent of the more part Dyer 247. 19 H. 7, c. 7 33 HENRY 8, CAP. 27.-The bill for leases of hospitals, colleges, and other corporations.-Albeit that by the common laws of this realm of England, all assents, elections, grants and leases had, made and granted by the dean, warden, provost, master, president, or other governor of any cathedral church, hospital, college or other corporation by whatsoever name they be incorporate or founded, with the assent and consent of the more or greater part of their chapter, fellows or brethren of such corporation, having voices of assent thereunto, be as good and effectual in the law to the grantees and lessees of the same, as if the residue or the whole number of such chapter, fellows and brethren of such corporation, having voices of assent, had thereunto consented and agreed: yet the said common laws notwithstanding, divers founders of such deaneries, hospitals, colleges and corporations within the said realm, have upon the foundation and establishment of the same deaneries, hospitals, colleges and other corporations, established and made, amongst other their peculiar acts, local statutes and ordinances, that if any one of such corporation, having power or authority to assent or dis-assent, should and would deny any such grant or grants, that then no such lease, election or grant should be had, granted or leased; and for the performance of the same, every person having power of assent to the same, have been and be daily thereunto sworn, and so the residue may not proceed to the perfection of such elections, grants and leases, according to the course of the common laws of this realm, unless they should incur the danger of perjury; for the avoiding whereof, and for the due execution of the common law universally within this realm, and every place, in one conformity of reason to be used; be it ordained, established and enacted, by the In corpora- authority of this present parliament, that all and every peculiar act, order, rule and statute heretofore made or hereafter to be made by any founder or founders of any hospital, college, deanery or other corporation, at or upon the foundation of any such hospital, college, deanery or corporation, whereby the grant, lease, gift or election of the governor or ruler of such hospital, college, deanery or other corporation, with the assent of the more part of such of the same hospital, college, deanery or corporation, as have or shall have voice of assent to the same, at the time of such grant, lease, gift, or election hereafter to be made, should be in anywise hindered or let by any one or more, being the lesser number of such corporation, contrary to the form, order and course of the common law of this realm of England, shall be from henceforth clearly frustrate, void and of none effect; and that all oaths heretofore taken by any person or persons of such hospital, college, deanery and other corpoken contrary ration, shall be, for and concerning the observance of any such order, tions none shall have a negative voice. An oath shall not be observed which is ta provisions statute or rule, deemed void and of none effect; and that from to this stathenceforth no manner person or persons of any such hospital, col- ute. lege, deanery or other corporation, shall be in any wise compelled to take any oath for the observing of any such order, statute or rule, upon the pain of every person so giving such oath, to forfeit for every time so offending, five pounds; the one moiety thereof to be Further to the use of our sovereign lord the king, and the other moiety respecting thereof to any of the king's subjects which will sue for the same in corporations, any the king's courts of record, by action of debt, bill, plaint, infor- c. 18. mation or otherwise; wherein the defendant shall not be admitted 13 Car. 2, st. to wage his law, nor any protection nor essoin, or any other dilatory 5 Geo. 1, c. 6, plea admitted or allowed. 33 HENRY 8, CAP. 30.-All leases, grants and other writings to be made by the bishop of Coventry and Lichfield for the time being, in writing under his seal, of any his lands, offices, fees, &c., and confirmed by the dean and chapter of Lichfield in writing under their chapter seal, shall be good in law to bind in succession the successors of the said bishop: and the dean and chapter of Lichfield shall be for ever the entire and sole chapter of the said bishopric of Coventry and Lichfield, whereof the prior and covent of the dissolved priory of Coventry were heretofore the moiety or half part. 34 & 35 HENRY 8, CAP. 15.-All gifts, grants and writings to be made by the bishop of Bath and Wells, under his seal, of any his lands, offices, fees, &c. and confirmed by the dean and chapter of Wells in writing under their chapter seal, shall be good in law to bind the successors of the said bishop: and the dean and chapter of Wells shall be for ever the entire and sole chapter of the said bishopric of Bath and Wells, whereof the prior and covent of the dissolved monastery of Saint Peter and Paul of Bath were heretofore the half part. 2 & 3 P. & M. 2, c. 1. and 11 Geo. 1, c. 4. PR. PR. 28 H. 8, c. 11, eth the rati by a spiritual person of his benefice to a 1 & 2 PHILIP & MARY, CAP. 17.—An act touching leases hereafter to be made by certain spiritual persons.-Where in the parliament So much of begun and holden at Westminster the eighth day of June in the the stat. of twenty-eighth year of the reign of our late king of famous memory, as concernHenry the eighth, and there continued and kept until the dissolution fying of a of the same parliament the eighteenth day of July next following, lease made one act intituled, an act for the restitution of the first fruits in the time of vacation to the next incumbent, was had and made, wherein are certain clauses for leases then made and to be made by spiritual and ecclesiastical persons, to endure and be in force for term of six years, if the incumbents did resign their said spiritual promo- tion or death, tions, or if the same should otherwise become void by the only Dyer 255, act of the same incumbents, as by the same act more at large may pl. 7. appear: to the intent the parsons and vicars, and others having cure of souls, may the better attend, and be the more vigilant in their ministry and function: lay man, for some years after the lessor's resigna altered. The stat. of tend to leases hereafter to II. Be it enacted by the king our sovereign lord, and by the queen 28 1.8, c.ll, our sovereign lady, with the assents of the lords spiritual and tem- shall not exporal, and the commons, in this present parliament assembled, and by the authority of the same, that as much of the same act as doth be made by concern the making good of the said leases, nor any clause, sentence, sons. provision or article therein contained, shall extend or be construed spiritual per pl. 38. Poph. 8. the lease of shall endure. Co. 205. Leon 307, 333. 1 Bulstr. 111. pro or adjudged to extend to any lease that shall be made by any parson, vicar, or any other having any spiritual promotion after the feast of the purification of our lady next coming. 1 ELIZABETH, CAP. 19.-An act giving authority to the queen's majesty, upon the avoidance of any archbishopric or bishopric, to take into her hands certain of the temporal possessions thereof recompensing the same with parsonages impropriate and tenths. -See Title"AVOIDANCE OF BISHOP RICS," vol. i. p. 230. 13 ELIZABETH, CAP. 10.-Fraudulent deeds made by spiritual persons to defeat their successors of remedy for dilapidations shall be void, &c.-See Title-"DILAPIDATIONS," vol. ii. p. 495. 13 ELIZABETH, CAP. 20.-An act touching leases of benefices, and Godbolt 29, other ecclesiastical livings with cure.―That the livings appointed for ecclesiastical ministers may not by corrupt and indirect dealings be transferred to other uses; be it enacted by the authority of this present parliament, that no lease after the fifteenth day of May next following the beginning of this parliament, to be made of any benefice or ecclesiastical promotion with cure, or any part thereof, and not being impropriated, shall endure any longer than while the Further lessor shall be ordinarily resident and serving the cure of such visions relat- benefice without absence above fourscore days in any one year, but 18 Eliz. c. 11, that every such lease, so soon as it or any part thereof shall come to 43 Eliz. c. 9, any possession or use above forbidden, or immediately upon such absence, shall cease and be void; and the incumbent so offending shall for the same lose one year's profit of his said benefice, to be distributed by the ordinary among the poor of the parish: and that all chargings of such benefices, with cure hereafter with any pension, or with any profit out of the same to be yielded or taken, hereafter to be made, other than rents to be reserved upon leases hereafter to be made according to the meaning of this act, shall be utterly void. ing hereto, 8. 7. s. 8. No benefice with cure shall be charged with 1 Brownl.208. 88, 123, 490, 564. Moor 270, pl. 422. Dyer 373, pl. 11. 14 Eli. c. 11, s. 14. The parson's lease to his curate. 3 Leon. 102. 1 Leon. 100. Goldsb. 162. II. Provided, that every parson by the laws of this realm allowed to have two benefices, may demise the one of them upon which he shall not then be most ordinarily resident, to his curate only, that shall there serve the cure for him; but such lease shall endure no longer than during such curate's residence, without absence above forty days in any one year: this act to continue to the end of the next parliament. 14 ELIZABETH, CAP. 11, SECS. 11, 14, 15, 16, 17, 19, & 20.—An act for the continuation, explanation, perfecting and enlarging of divers statutes. 13 Eliz. c. 20, XI. And where also in the said parliament begun and holden at Westminster the said second day of April, there was also one other act and statute made for the avoiding of some leases in certain cases, to be made of ecclesiastical promotions with cure, intituled an act touching leases of benefices and ecclesiastical livings with cure; which act was likewise made to continue to the end of the next parliament. XIV. Provided also, and be it enacted that these words [so soon tained in the as it or any part thereof shall come to any possession or use above statute of forbidden, or] which words are contained in the said statute made in discontinued the said thirteenth year, touching leases of benefices, and other Certain words con 13 Eliz, c. 20, ecclesiastical livings with cure, shall not be revived by this act but |