case dumper against Syms easter term Elizabeth roll on a proviso that a lessee  and his assign shall not alien without licence if the lessor give licence the  condition be entire destroy and the assignee may afterward assign or demise  the whole or any part of the term without licence but otherwise a devise of  the term will have be a breach of the condition ante SC   roll Abr roll ab  style dyer more roll Rep Bulst Noy cro James   dyer Bl Rep will wood con dougl  a corporation aggregate can without deed authorize their bailiff to enter for  a condition break anti if they lease without reserve the ancient rend it be  void but a immaterial addition will not hurt trespass upon a special verdict  it be find that the precedent and scholar of corpus Christ college in Oxford  be seize in fee and year Elizabeth let it by indenture to one bold for year  proviso that the lessee and his assign shall not alien the premise or any part  thereof without licence of the lessors render S d per annum in Elizabeth the  precedent and scholar by their deed licence bold to alien the premise or any  part for the entire term or for part thereof to any person who he please bold  assign the entire term to one tubb tubb devise the entire term to his old son  and make he his executor and die the executor enter general and they find that  the testator be not indebt to any that afterward the son die intestate and  administration of his good be commit to I S who enter and alien to the  defendant that afterward in Elizabeth the say precedent and scholar by the  name of the precedent and scholar of corpus Christ college in oxon in county  oxon make a lease thereof to the plaintiff render S rend per annum and that  they make a warrant to one Englesfield to enter and deliver the lease upon the  land but it be not find that this warrant be by write under their seal and  that Englesfield enter in their name a and deliver the lease upon the land to  the croak Elizabeth plaintiff upon who the defendant reenter whereupon this  action be bring by si c first and which be the principal question in the case  it be move whether this licence to the first lessee to alien who alien accord  he a dispensation only or a total determination of the condition more for the  defendant move that at the first the word do not extend to alienation by  assignee in deed but the word assignee in the condition extend a   Mod vent a  roll ab cro James cro car croak Elizabeth er p only to assignee in law as  executor or administrator and for that vide dyer as also that by this licence  to alien the condition be determine that it shall not bind any other and in  proof thereof vide dyer that the restraint be determine by the alienation and  when a condition be dispense with in part it be dispense with in the whole and  to that purpose he cite arecord of a judgement in the common plea Trinity term  Elizabeth roll hetween Lylds and Cr mpton a where Lord Stafford make a lease  to three upon condition that they nor any of they shall alien without his  licence and the one by licence alien his part and afterward the other two  alien their part without licence it be adjudge that the lessor can not enter  for the condition be dispense with before and as to that point gawdy Clench  and Popham deliver their opinion several that the condition be go and  discharge by this dispensation to alien to the lessee himself for the  condition be once dispense with it be utter determine for it can be discharge  for a time and in be again afterward Henry dyer and for that Popham say he  hold the law to he against the opinion in Elizabeth dyer b where lessor  licence his lessee to alien part that he may alien the residue without licence  for the lessor can enter because if he shall enter for the condition he shall  enter upon the entire as it be limit and if he shall enter u on the entire he  shall destroy that which he have licence to he alien which he can do and  therefore the condition be entire go for it can be in be for part and destroy  for the residue c second it be move admit this condition to continue this  devise be to his executor and he enter general whether he shall he in as  legatary for then clear by the devise the condition be break and gawdy say  that he have it as legatary and so the law will repute he to he in accord as  Elizabeth dyer S but to that point the other justice speak do three it be move  that although this condition remain yet this lease to the plaintiff be void  for the misnomer of the corporation by the addition in county oxon but the  court overrule it and that it be not a material variance fourthly that this  lease be void to the plaintiff because the ancient rend be not reserve for the  ancient rend be S d and the rend now reserve be but S and no corn accord to  the Elizabeth e and therefore void by the Elizabeth c and Elizabeth c I land  of that opinion be the whole court that for this cause the lease be void  against the lessor himself and that they be general law whereof the court  ought to take conusance although they he not find d five it be hold that the  second lease be not good because it be not find that the attorney have any  warrant by write wherefore but principal for the first cause it be adjudge for  the defendant