CCCCXXVII carter and CLAYCOLES case lease special statute ought to be plead in  ejection strong by carter against Claycole the plaintiff declare upon a lease  make by the warden and fellow of Allsouls college July Elizabeth and it be  find by special verdict that Overden warden of the say college and the fellow  c lease unto the plaintiff to have and to hold from the Feast of the  annunciation next follow to the end of twenty year and make a letter of  attorney to one to enter into the say manor and to seal and deliver the deed  of the say lease in their name to the plaintiff who by force thereof enter  into part of the demise premise and there do seal and deliver the same c but  it be not find that any rend be reserve thereupon and if this lease be good  then the jury find for the plaintiff Leonard er p but if not then for the  defendant Cooper sergeant it have be object that this lease be but for twenty  year be not warrant by the statute of Elizabeth cap for the word of the  statute be other than for the term of year as to that it be not the intent of  the statute but only to abridge the great and long lease heretofore make by  college and to limit such lease to a certain measure of time ut above for  twentyone year or three life non ultra but on this side as much as they will  which be grant by the whole court another matter be because it be not find  that the due rend be reserve upon the say lease accustom yearly rend or more  and yet the same be good enough for if the other party will take advantage of  such defect he ought to show the same otherwise it shall be intend because it  be find that such lease be make that it be make accord to the statute for if a  man be to make title to himself by a conditional lease he be not to plead the  condition but only the lease and if the other party will defeat the lease by  the condition he shall show the same and in this case the defendant also ought  to have show the statute by which such defective lease be make void also it  have be object that by the statute of Elizabeth the three part of the rend  ought to be reserve in corn and here be not find any corn as to that it be to  be consider that the say statute be not a general law whereof the judge be  bind to take notice but it ought to be plead for it extend but to four place  videlicet Cambridge Oxford Winchester and Eaton and therefore such a statute  ought to be plead or give in evidence and find by verdict as where a man plead  a general pardon in which diverse person be except he ought to plead it  special and show that he be not any of the person except e h so special custom  ought to be plead d gavelkind boroughEnglish e the king grant to the citizen  of Norwich c and afterward by Act of parliament all their liberty c be confirm  by a general confirmation to all city and borough this be a special Act and  ought to be plead by Brian e the Lord say case a Act of parliament that all  corporation make by the king h shall be void be a special Act and ought to be  plead and see h dyer if the statute of h cap of land take to sermon by  ecclesiastical person be a special law Yelverton contrary the statute of  Elizabeth be a special law and ought to be plead but the statute of Elizabeth  be now a general law which see holland case Elizabeth and Damports case  Elizabeth and this Act of Elizabeth be general in respect of time for it  extend to all time after from henceforth and to all person to who such lease  shall be make the word the statute be sure to any person or Leonard person in  respect of person who shall lease all spiritual person general in respect of  the end which be the maintenance of learning which extend to the common profit  c draw sergeant that this act of Elizabeth be general in respect of restraint  only and extend only to spiritual person and therefore ought to be plead for  otherwise the court shall not take notice of it as the statute of h of sheriff  ought to be plead which see in the case of dive and manningham Plowden and  although the statute ought to be plead yet this lease be not void against the  warden who make it but against his successor although no rend be reserve upon  it notwithstanding that the perclose of the statute be utter void and of none  effect to all intent construction and purpose so upon the statute of Elizabeth  concern lease make by bishop the law have be so take in the case of the bishop  of Coventry and Lichfield upon a grant of the next avoidance that although it  do not bind the successor yet it shall bind the grantor himself so here this  lease be make by the present warden and fellow of the college aforesaid  although it be not sufficient to bind the successor yet it shall bind the  warden who make the lease puckering contrary and as to the case of e the  reason there be because there be a exception in the say statute of diverse  grant make by kin h and therefore the say Act ought to be special plead and  see h by Prisoit but in this Act of Elizabeth there be not any exception and  although it be a general Act with a restraint yet such a act ought not to be  plead and therefore h in a action upon the statute of if for take of land to  sermon by spiritual person he need not make mention of the statute and  afterward the justice do advice upon this point whether the lease be so void  that it be void against a stranger so as the defendant who do not claim under  the college and who have no title to the land may avoid it and periam justice  deny Leonard er p the case put by puckering a mortgage land to b upon a  usurious contract for one hundred pound and before the day of payment b be  oust by c against who b bring a action c can plead the statute of usury for he  have no title for the estate be void against the mortgagor another exception  be take to the declaration because the plaintiff have declare upon a lease by  the warden and fellow without name any name of the warden e e in trespass the  defendant do justify because that the freehold be in the dean and chapter and  he as servant and by their commandment enter and exception be take to that  plea because be have not show the name of the dean sure the proper name so if  a lease be make by dean and chapter in these word our decan little head the  same lease be void which be grant by the court and h a provost grant a annuity  by the name of provost of such a college without any name of baptism and  afterward the grantee bring a writ of annuity against the successor of the say  provost and by hull the writ be well enough but the Christian name ought to be  set down in the writ so here because that the name of baptism of the warden be  not in the declaration the same be not good but the opinion of the whole court  be that the declaration be good enough and they do rely especial upon the book  of e where debt be bring by the dean and chapter without any Christian name  and the writ hold good Anderson it stand with reason that for as much as the  college be incorporate by the name of warden and fellow and not by any  Christian name that they may purchase and lease by such name without any  Christian name and may be implead and implead other by such name and as the  fellow in such case need not to be name by their Christian name no more ought  the warden but of a parson vicar chantry priest it be otherwise for in such  case the name of baptism ought to be ad Leonard dead it be also object that  because the letter of attorney be to enter in the manor and all the land and  tenement of the college in such a town and to seal the indenture of lease in  the name of the lessors and to deliver it to the plaintiff as their deed now  the attorney in execute of this warrant have not pursue it for he have only  enter into the land but it be not find that be enter into the manor and so the  lease be void and it be say by puckering that if I lease two acre in two  several county render for the one acre S and for the other acre S and make a  letter of attorney to make livery in both if the attorney enter into one acre  and make livery the same be void for the attorney have not pursue his  authority for peradventure I will not have lease the acre whereof livery be  make for such rend of S be perhaps of great value but with the other acre  which be of lesser value and so the misexecuting of my warrant shall prejudice  I Windham perhaps if one entire rend have be reserve out of both acre it may  be that by the livery in one acre all be void but by puckering one entire rend  can be reserve upon such a lease of two acre in several county walmesley deny  the case put by puckering for the authority be execute well enough for it do  not appear upon the verdict but that the college be in possession at the time  of the lease make and then there need not any such entry but the bare seal and  delivery of the attorney be good enough and also it do not appear by verdict  that the college have any manor and therefore it shall be so intend and then  the case be no other but that a man leas a manor and certain land in d and  make a letter of attorney to make livery of they where be have nothing in the  manor and the attorney make livery of the land without meddle with the manor  the same be a good livery and the authority duly execute but if it have be  express find that the college have such a manor there then the entry in the  land only without meddle with the manor and the livery make accord shall not  be good but yet afterward be seem to be of other opinion and as to that which  have be object that the lease be void to all intent and purpose accord to the  word of the statute for by some it can be resemble to the case cite before of  the bishop of Coventry and lichfield that such a rant shall bind he and not  his successor for if this grant in our case shall not be void present it shall  never be void for the college never die no more than dean and chapter mayor  and commonalty to that it be answer by draw that although there be some  difference betwixt such corporation and that the word of the statute be  general void to all intent construction and purpose yet they shall be construe  accord to the meaning of the maker of the Act who scope be to provide for the  successor and not for the present incumbent Leonard er p and to the utter  impoverish of all successor without any respect to the party himself as it  appear by the preamble of the say statute where it be observe that by long and  unreasonable lease the decay of spiritual live be procure for the remedy and  prevent of which long lease this act be make and that the successor shall not  be bind thereby and these lease be not void simpliciter send secundum quid I e  as to the successor as upon the statute of h cap discontinuances make by woman  c shall be void and of none effect yet such a discontinuance make be good  against the woman her self so upon the statute of Elizabeth concern bishop see  now coke Lincoln college case Elizabeth n the three report a lease make by  dean and chapter not warrant by the say statute shall not be void until after  the death of the dean who be party to the lease so upon the statute of  Elizabeth of fraudulent conveyance such fraudulent conveyance be Leonard not  void against the grantor but against those who be provide for by the say  statute and that the lease in the principal case be not void but voidable all  the justice agree to be avoid d by the college or any other who claim by it  and by Anderson if such a lease shall be void then great mischief will fall to  the college for who benefit this statute be make for if such lease be make  render a small rend then if before the defect be find or espy the rend be  arrear the college can not have remedy for the say rend also by periam such a  lessee may have a action of trespass against a stranger who enter upon the  land which prove that the lease be not void but voidable and afterward  notwithstanding all the objection judgement be give for the plaintiff and the  chief authority which move periam justice to be of such opinion be leman case  cite before h dyer where a lease be make to a spiritual person against the  statute of h and a bind or obligation for performance of covenant and  thereupon a action be bring and the plaintiff therein have judgement and  recover which can not have be if the lease be utter void against the lessor  and lessee as the very word of the statute be and although it be not allege in  the book that that be any cause of the judgement yet in his opinion it be the  great cause of the judgement in that case more     cro post   Inst pasch  Elizabeth in the common plead