case TALENTINE against Denton Trinity term James roll a lease for three life  make by a bishop of the tithe belong to the bishopric reserve the ancient rend  be void against the successor by Elizabeth c S for tithe lie only in prender  the successor have no remedy for the rend post roll Abr more   cro Elizabeth  palm   light hard sand Ch Cas will Bac Abr departure in plead the statute  Elizabeth c be a private Act and must be special plead   a hob   a more roll  ab Leon Yelv Mod Mod bull n p a but by the James c after verdict no judgement  shall be stay for want of a averment of the party life so that he be prove to  be alive croak James er p a lease for life make by a bishop of the tithe of  his bishopric shall not bind his successor by force of Henry c S post lev      light hob cro Elizabeth dougl trespass for twenty cock of barley c for tithe  cast out from the nine part and take and carry away upon demurrer the case be  that the bishop of Carlisle be seize in fee of the tithe in right of his  bishopric and by indenture demise the tithe a to summer and two other for  three life render the ancient rend and it be avert that they be ancient let  for that croak throw rend afterward the bishop die and the successor make a  new lease for year c the question be whether this first lease for three life  render the ancient rend be good by the statute of Elizabeth c S Yelverton  William and Tanfield after argument at the bar hold that this lease be void  against the successor for be for life render rend there be nothing let but the  tithe which lie in prender nor any place wherein a distress may be take nor  any remedy for the rend if it shall be deny for he can have debt because it be  a freel old nor can he have a assize because there be not any seize and if  there be seize yet the assize will fail because there be not any land to be  put in view and therefore by consequence the lease be void but if it have be a  lease for year for which he may have have his remedy by action of debt it have  be otherwise William justice say he have know it to be so adjudge upon this  difference so it be of all other thing which lie in prender or render where no  distress can be take note the defendant plead this lease for life by way of  bar without mention any confirmation or rend or aver that the ancient rend be  reserve or that the land be ancient use to be let the plaintiff entitle  himself by a lease for year the defendant by way of rejoinder show that the  tithe be usual let and for that rend which be the ancient rend and it be  thereupon move admit it to be a good lease yet the plea be ill because it be a  departure and that there be not any confirmation but because they resolve for  the plaintiff upon the principal matter they speak not to those exception but  give rule that if other cause be not show judgement shall be enter for the  plaintiff Popham chief justice who be now absent upon a former motion in this  cause say he much doubt of the case and that it be a common case for all  tenant in tail bishop dean and chapter to make such lease and they have be  account good and they all be in one degree wherefore he say he will well  advice thereof and it be afterward adjudge for the plaintiff a writ of error  be afterward bring of this judgement and the error assign in the matter in law  and because the statute of Elizabeth c S be not special plead it be resolve  that the court shall not take notice thereof because it be but a private  statute then the sole question be whether it be a good lease by the statute of  Henry c for if it be good within the statute it shall bind the successor  without confirmation otherwise at the commonlaw it shall not bind the  successor And it be resolve that it be not good because there be not any  remedy for the rend by distress or assize wherefore it be out of the intent of  the statute and the judgement be affirm