ALBENEYS case where in a lease by indenture it be agree that any one to who  interest in the premise shall come not be wife or child of the lessee shall  find such surety c on pain of forfeiture the widow of the lessee son have find  such surety her second husband assign to a stranger whether he be bind to find  fresh surety on pain of forfeiture Elizabeth late abbess of Denny in the  county of ken with the assent of her convent by their indenture demise the  rectory of b to one sir John Dives for a term of eighty year and in the  indenture be a clause as follow S it be agree between the say party if any  person fortune hereafter to have any right title or interest in the say  parsonage not be the wife or child of the say sir John dyer then he or they  which shall fortune to have any such right title or interest shall within one  year next after find sufficient security to be bind to the say abbess of d for  the time be in forty pound by obligation for the payment of the say rend or  else the say lease front thenceforth to cease c and afterward sir I devise his  term by his will to his wife dame Elizabeth and die and afterward she devise  it to John her son and he give it to Audrey his wife by will and die and she  put dyer b er p in sufficient surety to William butler who have purchase the  feesimple of the parsonage of the king and then the second husband of the say  Audrey grant all his estate to one Albeney whether he shall be bind to find  security upon pain of forfeiture of his term quaere waste assign in cut down  and sell where defendant have only lop upon nul waste fait plead he may give  the special matter in evidence waste be assign in brood S in cut down and sell  ten oak c and the truth be that the defendant have only lop and shred the oak  can he safe plead nul waste fait and give this special matter in evidence and  it seem he well may as the waste be assign simile h fol a grant by the king to  a alien that he shall pay only English custom bind the king heir and successor  though they be not name in the grant but quaere of a licence to export beer  non to stand before c unless heir and successor be express name queen in the  exchequer chamber it be ask for the queen of all the judge and baron there  present that whereas the late king have grant by his letter patent to a alien  merchant that at any time during his life he may export all sort of the  merchandise of the kingdom out of it or import from foreign part all  merchandise c pay to he and his heir and successor for the custom subsidy and  all other duty whatsoever on the say merchandise as many and as large sum of  money as any English merchant or denizen pay and not more or otherwise so that  the say custom and subsidy shall not exceed the sum of fifty pound per annum c  and by the king death the subsidy grant to he in the first year of his reign  by parliament of tonnage and poundage during his life only be determine and  the question be whether the whole patent be void on this account and it seem  to all not but that it remain good for the custom wherein the king have a  inheritance as a prerogative annex to his crown but then quaere whether it be  not void by the death of the king because the crown be only entail upon he by  h c also if the king grant licence to export one thousand tun of beer any  statute or restriction to the contrary notwithstanding a by go and m Sess c it  be enact that from and after that session of parliament no dispensation by non  to stand before of or to any statute or any part thereof shall be allow but  that the same shall be hold void and of no effect except a dispensation shall  be allow of in such statute c a and do not grant for himself and his heir or  successor whether the grant be not determine by the death of the king because  it be only a licence dispensative and revocable before the execution of it  also the king make a grant of a annuity for term of life to be receive at the  receipt of our exchequer and do not say in his grant for he his heir dyer and  successor whether the heir or successor shall be charge with this and the  habendum be to be receive at the receipt of our exchequer per manus treasurer  camerarior our dyer b er p ibidem for the time be and this grant be for  service perform as well to king Henry as to the say king Edward and it be  debate in sergeant inn and by the opinion of Cordel solicitorgeneral Griffith  attorneygeneral dyer one of the queen sergeant Whiddon brook chief baron  Morgan and Bromeley chief justice of both bench the annuity be determine by  the death of the king but by the opinion of Stamford sander brown and Portman  it be not therefore quaere and it be strong hold that the grant be void to  charge the person of the king and without strew in certain by what hand it  shall be pay the grant be void and this by the opinion of Fitzherbert in nat  short catalog for l the last case under the Writ of annuity e pot in quo  warrant e at the tower of London it appear that the germane merchant have a  house which be common call Gildhalda teutonicorum and this be now the Stilyard  a the Stilyard company be a body of merchant create in the year under Henry he  in favour of the free city of Germany which have be assistant to he in his war  against France it take its name from the place where they live which be a yard  near London bridge where steel be sell and as chamber say in some record be  call Gildhalda teutonicorum it have the privilege of sell and export all  English manufacture but these be find prejudicial be revoke by Edward VI yet  it afterward redeem its right and last till the year inn when they be final  abrogate by queen Elizabeth a Mr Noy and then for this reason there be no need  of say for the heir and successor of the king but by reason of those last word  S of our exchequer per manus thesaur c our this refer only to king Edward and  therefore the estate in the annuity be limit and by the death of the king  cease and see therefore h in grant and from the relation of the bishop of Ely  in return from Westminster hall there be a recital in the patent of the  Stilyard make to they by Edward S and because in the letter patent of our  progenitor these word be not contain S for we our heir and successor therefore  we be not bind c yet be Willing to do a great kindness to they we give and  grant c so the opinion above be not new c but see Plowdens Com at the end of  Wroths case by sander chief baron that the resolution of the judge above be  that if the annuity be grant for the execution of any office or service the  patent need not have the word heir