coke b the case OF the master and fellow OF magdalen college in cambridge  pasch James see earl of Abergavenny v brace lr ex more v Clench I Ch d  Bradlaug v clarke App Cas very v eames Ch by deed indent and enrol the master  and fellow of Magdalen college grant a certain message with the appurtenance  in fee to the queen reserve rend and with a condition that the queen shall  grant the premise over and the queen grant they over accord a fine with  proclamation be levy to the earl of oh to who the queen grantee have convey  the premise in fee and five year pass the successor of the master by who the  original grant be make cro Elizabeth cro James bridge Cawly stat limit Carth  Cawly Cr Elizabeth Inst Leon Vaugh roll Rep godb h a Br release hut Cawly vin  ab Inst   b b a say Cawly more Br release Br action popular   roll Rep cro  James Cr Elizabeth more Bulstr Inst coke report a er p accept rend from one h  who pay it in the name of the say earl of then tenant of the message and give  a acquittance in write but not under seal in ejection firm against one claim  by virtue of a lease make by the say successor and the fellow of the college  judgement be give for the defendant and hold the statute Elizabeth extend to  restrain the master and fellow of the college from make the above grant to the  queen although she be not express name in the Act general word in a Act do not  bar the king of any prerogative estate right title or interest the stat  Elizabeth c by which all feoff fine c c to the queen by any person or person  body politic or corporate of any manor land c for any debt sum or sum of money  or other consideration whatsoever shall stand c good c do not confirm this  grant and the general word of the say Act Elizabeth c do not enable any person  to make any conveyance who be disable by the commonlaw the fine and nonclaim  by five year do not bar the right of the college in a body aggregate of many  the master alone can by his acceptance of rend divest any right or interest  which be in he and the fellow especial such acceptance be without deed c roll  Rep SC not S p Bulstr roll Rep Cr Jar Cr car John warren bring a ejection  loyal against John smith master of Art which begin in the king bench Paschea  James king rot and declare on a lease make by Francis Castillion knight  December year James of a house in London in parochian consecrated Bolulphi  extra Aldgate in warda de Aldgate from the Feast of saint Michael the  Archangel then last pass for two year by force of which the plaintiff enter  and be possess till eject by the defendant the defendant plead not guilty and  the jury give a special verdict videlicet that Ion g before the trespass and  ejectment rogerus Kelke Sacrce Tlieologix professor magister et associate  college saint harice Hagdalence in alma academiam Cantabrigix seisiti fuer de  infrascripto messuagio cum pertinent in of his ut de Jeodo injure college  Himself prd and so be thereof seize Decernb year recently Regin el by their  indenture in English between the say queen Elizabeth of the one part and the  say master and fellow of the say college of the other part and enrol in the  chancery of record the say master and fellow for diverse consideration they  thereunto especial move do give and grant to our sovereign lady the queen all  that their message which be the message mention in the declaration with the  appurtenance lie in the parish of saint Botulph without AIdgate London to have  and to coke a hold the say message with the appurtenance to our say sovereign  lady the queen her heir and successor for ever yield and pay therefore yearly  to the say master and fellow and their successor at the feast of saint Michael  the Archangel with clause of distress and under this condition be follow  videlicet provide nevertheless that if our say sovereign lady the Zapereoy her  heir and successor shall not sufficient convey and assure by letter patent  under the great seal of England the say message with the appurtenance unto one  Benedict Spinola merchant of Genoa and his heir before the first day of April  next ensue that then this present indenture and every gift grant and article  therein contain shall cease and be utter void and of none effect as by the say  indenture whereof one part be seal with the seal of the say master and fellow  and the other with the great seal of en gland appear and the jury further find  the Act of Elizabeth c by which it be enact by authority of parliament that  from thenceforth all lease gift grant feoff conveyance or estate to be make  bad or suffer by any master and fellow of any college dean and chapter of any  cathedral or collegiate church master or warden of any hospital parson vicar  or any   light a a a a   a roll Rep more Cr Elizabeth Vaugh Savil gold Brownl    a b coke report b er p other have any spiritual or ecclesiastical live or  any house land tithe tenement or other hereditament be parcel of any such  college church cathedral hospital rectory vicarage or any other spiritual live  c to any person or person body politic or corporate other than for the term of  year or three life shall be utter void and of none effect to all intent  construction and purpose c and they find likewise the Act of confirmation of  letter patent make Elizabeth cap by which it be recite that where after the  that day of November in the first year of the reign of the say queen Elizabeth  diverse and several honour castle land tenement rend reversion service and  other hereditament be convey and assure to the say late queen her heir and  successor by diverse and sundry person and body politic as well for the  discharge and satisfaction of great debt and sum of money as for other good  consideration for the perfect assurance confirmation and further surety of  which it be enact by authority of parliament that all feoff fine surrender  assurance conveyance and estate in any manner convey have or make or to be  make at any time within seven year after the end of the session of the same  parliament to or for our sovereign lady the queen majesty by or from any  person or person body politic or corporate of any honour castle manor land  tenement c coke b for any debt sum or sum of money or other consideration  whatsoever shall stand remain and be good and available in law to all intent  construction and purpose accord to the true meaning intent and purport of the  same save to all and every person and person c and further it be enact that  all letter patent indenture and other write seal with the great seal of  England or the seal of the duchy of Lancaster or the seal of the county  palatine of Lancaster then make and grant by the say queen for any sum of  money or for any other consideration make real good perfeda and effectual in  law c against the say queen her heir and successor accord to the tenor and  effect of the same letter patent c and they further find that the say queen  Elizabeth that January in the say that year of her reign by her letter patent  under the great seal grant unto the say Benedict Spinola who be then a free  denizen the say message with the appurtenance to have and to bold to he his  heir and assign for ever which Benedict Spinola June year Elizabeth by his  deed indent and enrol within six month in the court of chancery do for money  bargain and sell the say message with the appurtenance to Edward earl of  Oxford and his heir by force whereof the say earl enter and be thereof seize  in his demesne as of fee prout law Tostulat and he be thereof so seize Roland  Broughton gentle and Elizabeth his wife crast Trin year Elizabeth levy a fine  of the say house with the appurtenance to the say earl of Oxford and his heir  with proclamation which be find at large accord to the statute and afterward  maii year Elizabeth the say earl demise the say house to Edward Hamond for  year who novemb year Elizabeth assign all his interest and term for year in  the say house to one W Masham who Oct year James die thereof possess intestate  after who death Alice his wife take administration of his good c and I Feb  year king nunc take to husband the say Francis Castillion knight and that the  say Roger Kelke master of the say college Jan year domini which be year royal  power regime Eliz die and after his death Barnaby Gooche doctor of the civil  Uw be elect and make master of the say college and that the say Edward Hamond  in the name and stead of the say earl then tenant of the say house pay to the  say Barnaby Gooche then master of the say college of the rend aforesaid to the  say master and fellow of the say college due at the Feast of saint Michael  year domini which the say Barnaby Gooche then master receive and by write  under coke a his hand without a seal acknowledge that he have receive it and  that the say Barnaby Gooche within five year after he be choose master and  after the receipt of the say rend videlicet Feb year king nunc into the say  house with the appurtenance upon the possession of the say Francis Castillion  and Alice his wife do enter injure college suipr6ed and the say master and  fellow roll Rep Jones Cr car Cr James postea a more coke report b er p of the  say college Feb year king nunc by their indenture under their common seal  demise the say house with the appurtenance to the say I smith the defendant  for six year and that the say Francis Castillion knight upon the possession of  the say John smith reenter and make the lease to the say John warren prout in  the declaration who be eject by the say I smith prout in the declaration and  the question which the jury refer to the court be whether upon the whole  matter the entry of the say I smith be lawful or not c and this case be argue  at the bar by Hobart then attorneygeneral Montague the king sergeant George  croak for the plaintiff and Yelverton the king solicitor Thomas crew for the  defendant a and in this case four point be move and argue at the bar if the  say conveyance make to queen Elizabeth by the master and fellow of the say  college of the say house parcel of the possession of the say college after the  say Act of Elizabeth Regin @e be restrain by the say Act admit the say  conveyance be restrain by the say Act of if the say Act of Elizabeth have  supply the defect thereof and have make it perfect and effectual Admittiting  also that the Act of Elizabeth do not extend nor give any force to it if the  say fine levy and five year pass shall bind the right of the master and fellow  of the say college for ever if the say acceptance of the rend aforesaid by the  say master of the say college shall disable or conclude he from enter into the  say house and if any of the say point shall be adjudge against the defendant  then his entry be not lawful and by consequence judgement shall be give for  the plaintiff good to ward off ex inlegra causan malum ex whithersoever you  please diminution as to the first it be object that by the rule of the law the  king not be name in the Act be by the law exempt out of the Act for the law  give the king this prerogative that for the dignity of his royal person he be  not by construction of the law include within these common word person or  person body politic or corporate and be the statute affirmative or be it  negative which be strong coke b it shall not bind the king unless he be  special name but he shall take benefit of a statute although he be not name as  the statute of W a cap which settle reasonable aid as well to make the old son  knight as to marry the old daughter in certain enact that from henceforth of a  whole knight fee be give only S and of land hold in socage S and of more more  and of less less but it be hold that forasmuch as the king be not name he be  not bind by that law and to settle that in certainty be the Act of b e cap ill  make in which Act the king be special name vide f n b f Acc also the statute  of limitation sure of Merton cap W c and h cap have never bind the king so the  statute of W cap which give the plea of plenarty by six month do not bind the  king because the Act be general and do not name the king the statute of e  which give trial in the country by nisi prius shall not bind the king f n b b  e that c so by the statute of e of because buyer the earth the king be not  bind as it be hold in h a c the statute of a this case be say by Lord  Ellesmeres observation p to have be adjudge in king b and that upon a new  point contrary to the long receive opinion that the statute of Elizabeth do  enable college dean and chapter c to pass their land to the king yet be now  rule that such college c remain still disable while the argument be even warm  in the judge mouth the case be likewise warm in the press though there be a  writ of error present bring upon the say judgement in the exchequer Chamber  which yet depend though by the confidence use by the reporter in set down the  case the party be much discourage in the prosecution it do not appear what  become of the writ of error but the judgement which be give in KB for the  defendant be afterward relieve against in chancery roll ab chancery S pl vin  ab chancery S pl a   post b roll Rep car c Inst you   light b king a b   roll  Rep blow a b c coke report a er p great Charta cap enact in the negative c  quod communia placita non to follow curian our men send to hold in to some  place loco certainly but that do not bind the king as it be adjudge in h title  brief and e title prerogative for he may have a quare hinder in the king bench  and many other case be cite upon this large and common ground which you may  find in our book and especial in blow Com d b in the Lord Barkleys case vide h  quare hinder h Br prerogative e h a in stoners case e e f h b mark dyer so in  the case at bar forasmuch as the queen be not name in the say Act of Elizabeth  she be not bind thereby but be at liberty to take the say grant as she be  before the say Act of Elizabeth it be likewise urge that always after the Act  of Elizabeth diverse master and fellow of college dean and chapter master or  warden of hospital and other have spiritual and ecclesiastical live have make  many estate and lease to queen Elizabeth and to the king that now be which be  grant over and transfer to many person and all these be make by the advice of  man well learned in the law and of the counsel learned of the say late queen  and of the king also and the change of such a common and constant opinion upon  which the estate and interest of so many man depend will be the occasion of  great vexation suit in law and the ruin of many who have not only spend their  substance coke a or the great part of it upon such estate and lease but also  have spend much upon new building and other charge upon they all which will be  utter lose by the change of the say continual practice and in such change a a  thing advance to stretch out no one in what manner beginning pr6ecaveri or  prVideri non to be able and another say quod in cedificiis lapis male  situation non be to move back and the law say b interest reipublicce ut  sitfinis a strife as to the second point it be argue by the plaintiff counsel  that admit the queen be bind by the say Act of Elizabeth yet the say Act of  Elizabeth have make the grant to the queen good and effectual for admit the  say grant to the queen be voidable afterward or immediate void and of none  effect yet the Act have make it unavoidable good and effectual for the word be  for the perfect assurance confirmation and further security of such assurance  conveyance and estate c it be enact that they shall stand remain and be good  and available in law to all intent construction and purpose accord to the true  meaning intent and purport of the same so that it appear by the word of the  Act that the full intent of the maker of it be to make that perfect which be  imperfect and to make that assure which be not sure and to add great force to  that by addition of further security which be defective before and to this be  purpose the maker of the Act not only in the say precedent word but in those  which be subsequent be very provident and in a manner curious to take away all  evasion which may be make out of it and therefore first it be enact that they  shall stand remain and be good and available in law and to answer a secret  objection which may be make upon the word of the Act know all feoff fine  assurance conveyance estate c that they ought to be sufficient for a  insufficient thing be repute in law for nothing to oust that these word be add  to all intent construction and purpose accord to the true meaning intent and  purport thereof so that the Act do not say that they shall be good and  available accord to the strict construction and operation of the law for if  they be good and available in law then there need not any Act to make they  perfect or sure or to add further security but the word be accord to the true  meaning intent and purport of they and without question in the case at bar the  true intent and meaning of the master and fellow and of queen Elizabeth also  and the purpose of the indenture be to convey the say c roll Rep pi Com a blow  b b postea a   a d roll Rep e roll Rep postea b f Br treason a   b   Inst  Hawkss Max b   a Bulst godb hard roll Rep coke report b er p house to the  queen her heir and successor for so much the say indenture purport although it  be not of force to convey it coke b and it be say that if a bishop have make a  estate or lease to queen Elizabeth and afterward the Act of Elizabeth be make  that have make good the estate or lease to the queen although it be never  confirm by the dean and chapter so if a infant have levy a fine to the queen  or to other for the queen behoof that after the Act of Elizabeth the infant  shall never reverse the say fine for nonage and many other case out of their  own invention be put which I purposely omit as to the three point they argue  that the say master and fellow of the say college be a corporation aggregate  of many and have the entire fee in they and by the statute of h shall be bind  by fine and nonclaim by five year as it be adjudge in cross and howel case  blow Com and in Stowels case blow Com vide Edward dyer vide Edward and that  the statute of Elizabeth do not aid they in this case because it extend only  to lease gift grant or other assurance or conveyance make or suffer and  notwithstanding the word suffer yet there ought to be a assurance or  conveyance suffer to which they shall be party as by a common recovery of land  have against they or recovery of a annuity by consent against they as appear  in Eytrenes case Elizabeth in the five part of my report fol b but this case  of a fine levy between stranger and nonclaim by five year be never question or  doubt and it will be a great weaken of the general assurance of the realm if  this Act shall be construe against the letter to exempt all those name in the  Act so that they shall not be bind by any fine and nonclaim as to the four  point forasmuch as the master who be the bead of the corporation have accept  of the rend and make a acquittance thereof under his hand he have conclude  himself from enter during the time that he be master and forasmuch as he be  conclude the fellow without their head can enter and thereupon they conclude  that for all these four point or for some of they for if any of they shall be  adjudge for the plaintiff judgement ought to be give against the defendant  against which it be argue by the defendant counsel and they conclude that  judgement shall be give for the defendant and as to the first which be the  principal point of the case it be argue for the defendant and unanimous  resolve by the justice coke chief justice sir John croak sir John Dodderidiel  and sir Robert Houghton justice upon solemn argument in court that the say Act  of Elizabeth extend to restrain coke a the master and fellow of the say  college from convey the say house parcel of the possession of the same college  to the queen although the queen be not express name in the say Act and first  it be resolve a that the general word of the Act extend to the queen for the  word be to any person or person body politic or corporate and without question  the queen be a person as it be say in h a b king be mask to mix and that she  be a body politic appear in Plowd command in the case of the duchy of  Lancaster and in the Lord Barkleys case and in many other book then if the Act  be general and the queen be clear include within the word if she shall be  exempt out of the Act it ought to be by construction of law and as this case  be the law will not make such construction for reason apparent in the Act  itself sure the queen lord spiritual and temporal and the Commons who make the  say Act have adjudge as in the preamble appear long lease make by college c to  be unreasonable and against reason a strong a estate in feesimple c and the  law which be the perfection of reason will never expound the word of the Act  against reason the parliament have adjudge they cause of dilapidation to be  the decay of all spiritual live the decay of hospitality and the utter  impoverishment of successor incumbent in the same and upon all these follow a  consequent fearful and dangerous sure decay of the true religion and spiritual  worship of God for it be record in hand sry that a hard ante a Jones roll Rep    ecclesiastical case hob Plowd b b     a Cawley coke report b er p there be  among other two grievous persecution the one under Dioclesian the other under  Julian surname the apostate one of they intend to have extirpate all the  professor and preacher of the word of God and therefore the record say occidil  all men preshyteros but notwithstanding that religion flourish for blood  martyr be semen church and yet that be a dreadful and grievous persecution but  the persecution under the other be more grievous and dangerous because as the  hand sry say to strike down presbyterium for he rob the church and spoil  spiritual person of their revenue and take from they whatever they may live on  and thence in short time ensue great ignorance of the true religion and  service of God and thereby great decay of the Christian profession for none  will apply himself or his son or any other he have in charge to the study of  divinity when they shall have after a long and painful study nothing to live  on vide all this word for word in the bishop of Winchester case in the second  part of my report fol b and therefore it be unanimous resolve that general  coke b statute which provide necessary and profitable remedy for the  maintenance of religion the advancement of good learning and for the relief of  the poor shall be extend general accord to their word and God forbid that by  any construction the queen who make the Act with the assent of the lord and  Commons shall be exempt out of this Act of Elizabeth which provide necessary  and profitable remedy for the maintenance of religion the advancement of good  literature and the relief of the poor and out of these collegesdeans and  chapter c as well the church be furnish with grave and learned divine for the  instruction of Christian in the true religion as the commonwealth with learned  man for the better administration of justice as well temporal as  ecclesiastical which know religion and justice be the main pillar which  support the king crown and therefore of all other the king who as have be say  be mask to mix doctor royal power pater patrice et a free will royal power who  per ring be wed to the realm at his coronation shall not be exempt out of this  Act by construction of law which will be against reason and the cause of  dilapidation the decay of spiritual live of hospitality of the utter  impoverish mean of successor and by consequence the decay of religion and  justice will ensue and therefore it be true a quod summa ratio be queen pro  religion compose and W b cap ult summa charilas be to make the whole of the  laws one et omni tempore when necessary to be and it be to be know that the  law never presume that any one will do a thing either against religion or any  religious duty b and therefore it be resolve in Cholmley case in the second  part of my report fol a where a reversion expectant on a estate tail be grant  to one for the life of tenant in tail and it be say that by possibility this  grant for life may take effect for the tenant in tail have no issue may become  a monk and enter into religion and then the grantee may have it during his  natural life but there it be resolve that such superstitious and irreligious  profession shall not be presume in law mic c h a roll Rep raym a roll Rep   a    b   Litt a buist hot hawk Max wing Max b Inst roll Rep post b b so also the  law will presume against the commission of a crime or a culpable omission or  breach of duty therefore where a woman twelve month after her first husband be  last hear of marry a second husband and have child by he the presumption be  prima fancy that the first husband be dead at the time of the second marriage  and it be incumbent on the party object to the second marriage to give some  proof that the first husband be then alive king v twine barn and Ald in a suit  for tithe in a spiritual court where the defendant plead that the plaintiff  have not read the thirtynine article the defendant must prove the fact though  a negative monk v buller roll Rep Vid Powell v Milbank black SC will king v  Hawkins east so in a action by the owner of a ship against the defendant for  put on board a quantity of combustible and dangerous article without give due  notice thereof the plaintiff must prove this negative averment William v have  India company east c roll Rep Doct in plan Fitzherbert brief Br brief coke  report a er p a I S bring a action of debt against johan rector de t in come b  the defendant say that he be before the day of the writ purchase dwell and  conversant at b in the county of n et non allocatur for a parson shall be  intend by law to be resident upon his benefice for the cure of soul which he  have there for a parson who have cure of soul and be nonresident non be  dispensator send dissipato non speculator send spiculator and therefore no  such thing shall be presume so in the case at bar the law will never make  construction against the maintenance of religion advancement of learning and  sustenance of the poor coke a it be enact by the statute of I Ph mark cap that  it shall be lawful c to give land tenement c by feoff grant or other assurance  or by last will and testament in write to any spiritual body politic or  corporate notwithstanding the statute of mortmain d one allaine clarke seize  of certain land in London in fee Ph mark b his last will in write devise they  to the master fellow and scholar of Trinity college in Cambridge and to their  successor for ever for the find of certain poor grammar scholar c and mich  Elizabeth a great question be move that the say college consist not only of  divine but of other also that the intent be to find grammar scholar c that in  the statute of h of explanation of will body politic and corporate be except  out of it yet per belief all justice a bag of hide BancietCapitalis baron  scaccarii the devise be hold good c and the statute of I Ph man be make for  the maintenance of religion advancement of learning and exhibition of poor  scholar ought to be favourable expound and although the land be hold of the  king yet in such case the say Act be expound to bind the king so the word of  the statute of h of fine be general yet the successor of a bishop parson vicar  or any other sole corporation shall not be bind by construction of law as a  corporation ay regate of many shall be for then the bishop without the dean  and chapter the parson or vicar without the patron and ordinary c may by their  sufferance bind their successor which will be the cause of dilapidation and  diminution of spiritual live and therefore by construction of the general law  be except as it be hold in Stowels case in blow Com and howel case blow Com by  the statute of h cap it be enact that all conveyance c to the use of parish  church churchwarden guild company erect of devotion or common assent c and all  other like use and intent shall be void and one Nicholas Gibson be seize of a  house and wharf in London after the say Act devise they to Avice his wife and  her heir upon condition to find a freeschool and for the sustenance of certain  poor man and woman and it be question if this condition be against the say Act  of h mich Elizabeth ring as it appear in the first part of my report f b and  it be there adjudge that the say general word of the Act of h do not extend to  take away the say good and charitable use for coke b instruction of youth in  good literature and for sustenance of the poor for there it be say that no age  be so barbarous as to abolish learning and knowledge nor so uncharitable as to  prohibit relieve the poor people so that it appear by these case that by  construction of law land convey for the advancement of learning or sustenance  of the poor have be preserve and maintain against the general word of the say  act but it be never see that a general Act make for the maintenance of  religion advancement of learning and relief of the poor shall be by  construction of law so expound that a byway shall be leave open by which the  say great and dangerous mischief shall remain and the necessary and profitable  remedy suppress for the office of the judge be to make such construction as  will suppress the mischief and advance the remedy and to suppress all evasion  for the continuance of the mischief and such byway shall never be leave open  by construction although it be for the king benefit and that appear by the Act  of Elizabeth by which d   b roll Rep jenk cent keb   light a dyer pl hob brown  roll raym style godb kelw c the devise in this case be before the statute Eliz  otherwise it will have be clear good as a appointment or limitation within  that statute hob note in sergeant hill copy coke report a er p archbishop and  bishop be restrain from make any conveyance c other than for three life or  twentyone year to any person or person body politic or corporate other than to  the queen her heir and successor out of which there be three material thing to  be observe that the queen have be include within the say word of person and  person body politic c if the say exclusion or exception have not be make that  if the say byway have not be contain in the same Act it never have be raise by  construction of law that forasmuch as the same word be use in the say Act of  Elizabeth know to any person or person body politic or corporate and no  exception or exclusion make of the queen by consequence it appear that it be  the intention of the maker of the Act that the queen shall be bind thereby and  eo_potius because they have so good a pattern before they as the Act of  Elizabeth be and although the true intent of the say exception in the say Act  of Elizabeth be for the support of the crown yet by importunity of suitor many  estate and lease be make to the queen by archbishop and bishop with intent to  grant they over to subject to private use which the king that be now perceive  of his pious and religious care that the possession of the archbishop and  bishop shall not be diminish by the say byway by a Act of parliament in the  first year of his reign and in the first session thereof c recite that where  archbishop and bishop by the law can not convey any of their possession to  other subject his most excellent majesty know that diverse with coke a great  suit have endeavour to frustrate the true intent of the law of his Christian  and princely piety and care intend to protect the say possession from  alienation or diminution for the better maintenance of God true religion and  hospitality and for avoid of dilapidation and thereby for ever after avoid all  suit and importunity concern any of the say possession have of his mere and  pious motion vouchsafe that it shall be enact that every archbishop and bishop  and their successor shall after the end of the same session of parliament be  utter disable in law to make levy or suffer any alienation assurance demise  charge or conveyance of their possession to the king his heir or successor and  that every such alienation c shall be utter void and of none effect to all  intent construction and purpose the second reason be that the king shall not  be exempt by construction of law out of the general word of act make to  suppress wrong because he be the fountain of justice and common right and the  king be God lieutenant can do a wrong solum king hoc non to be able to make  quod non to be able irjuste field and therewith agree e a and the case of  Alton wood in the first part of my report fol b a c and although a right be  remediless yet the Act which provide a necessary and profitable remedy for the  preservation of it and to suppress wrong shall bind the king as appear in the  Lord berkeleys case pi Com if tenant in tail before the statute de gift  conditional have alien either before issue to bar the issue in tail or after  issue to bar as well the donor as the issue in tail it be tortuous but no  remedy be give for it till the statute de gift ConditiODalibus year e be make  which et say dominus king peg to hang quod relative et?rule be in prd  grammatical case to put at remedy c statuit quod non to have that who property  such to be datum sub condition power to make strange c and the Lord berkeleys  case be that land be give to king h and to the heir male of his body and the  question be whether the king forasmuch as he be not express restrain by the  Act post offspring male encourage may alien or not and it be adjudge that he  can not alien but that he be restrain by the say Act for three reason because  such alienation before the statute be wrongful although such wrong want remedy  for there it be say it will be a hard argument to grant that the statute which  restrain man from do wrong and ill shall permit the king to do it forasmuch as  the say Act be slatutum remediale and provide a remedy for coke b this  remediless wrong and that it be necessary and profitable to provide such  remedy it be adjudge that it shall bind the king because it be a Act of  preservation of the possession of a nobleman gentleman and other it shall also  bind the price park Inst before f a lib f b Cr car roll Rep blow b Nov a roll  Rep   light b coke report a er p king and the say Act shall not bind the king  only when he take a estate in his natural capacity as to he and the heir male  of his body but also when be claim a inheritance as king by his prerogative  and therefore b if tenant in tail after the say Act be attaint of high treason  although the king claim the forfeiture as king by his prerogative yet the king  be bind by the say Act for there shall be no forfeiture to bar the issue in  tail as it be at the commonlaw as it be hold in h h a b r title aid deal roy  so in the case at bar the say Act of Elizabeth have all the say three quality  for saint it be to suppress wrong for dilapidation and diminution of spiritual  live c as appear before be wrong and such wrong as be in modus punish by the  law for the master dean c c for dilapidation or waste or diminution of the  revenue of their house may be deprive d as appear in e a h b h h a e a e d  resolve in a parliament hold at Carlisle quod vide before in Richard Lifords  case f a and a notable record in e king anovit jailer hospital de his  patronalu who male expense prficua house c because it be against their office  and duty to waste the possession of their house which be commit to they pro  good public this Act of Elizabeth be right of way for cattle remedialis and be  necessary and profitable to provide such remedy for the public good of the  whole ecclesiastical estate c this Act be a Act of preservation see to  preserve the possession of college dean and chapter hospital c and therefore  for all these three cause shall bind the queen and where it be enact by the  statute of W cap quod whenever some law non to have tempore hujusmodi  cuslodian proesen laveri c it be resolve by coke chief justice croak  dodderidge and Houghton justice that the Act be make to suppress wrong shall  bind the king and so the law be well resolve in a case which be leave doubtful  in h a b Ratclifs case and to conclude this reason it be notam bly say in e a  that the law be reason and equity to do right to all and to keep man from  wrong and mischief and therefore the law will never make construction against  law equity and right the d reason be that the general word of a statute which  tend to perform the will of the founder or donor shall bind coke a the king  although he be not name and that appear in to cause to stand of year Edward  where it be say ita always quod pia et frequented will donaloris in omnibus  leneatur et to fill up et without interruption sandissime to abide and the say  Act de gift conditis notable to this purpose for there it appear that it be  necessary and profitable that the will of the donor shall be observe the word  of which Act to this purpose be near quod dominus king perpende quod  necessariumetutile be c to put at remedy and what be such remedy statuit quod  will donaloris in papyrus gift Himself manifest to press out de ctero  bbservetur which bind the king as it be adjudge in the say Lord berkeleys case  where fol it be say that man ought to observe the intent or will of other man  and to violate it be m and in the case at bar the intent of the founder of the  say college be for the maintenance of divine the advancement of liberal art  and science and to educate poor young person in virtue and learning which God  forbid shall not be perform and therefore it be a strong case and in a more  pious and public degree than the say Act de gift condition which be enact for  the preservation of private estate tail to particular family the four reason  be that the a master and fellow of the say college be by the say Act disable  to grant and then if they be disable to grant the queen can take from they who  be so disable the word of the Act be all lease gift grant c to be make c or  suffer by any master and fellow of any college c shall be utter void and of  none effect to all intent construction and purpose any law custom or usage to  the contrary notwithstanding which be as much as to say b roll Rep c Godolph  Abr before postea b roll Rep Br deposition d Vid ante note king Lifords case p  b d   a relee Pla par roll roll Rep Bulstr a   a carter coke report b er p  that every master and fellow of a college shall be disable to make any lease  gift grant c but that every such lease gift grant c shall be utter void to  every intent and purpose for when by authority of parliament the grant to be  make by any master and fellow of a college be make utter void to all intent c  thereby the master and fellow be disable by parliament to make any grant for  in every grant there ought to be a grantor grantee and thing to be grant and  when the grant of the thing be make void thereby the grantor be disable to  grant it but b this disability be not simpliciter send secundum quid for if  the master and fellow of a college make such grant it shall not be avoid by  the master himself but by his successor as it be resolve in this case and  oftentimes have be resolve before now e coke b the five reason be in act of  parliament which be to be construe accord to the intent and meaning of the  maker of they the original intent and meaning be to be observe and it appear  that the intent of the master and fellow be that hey will convey the say house  to Benedict Spinola and his heir and because they can not do it de director  they attempt to do it ex to turn aside to grant it to the queen and her  successor but upon condition contain in the same grant that the queen within  three month shall grant the say house to the say Benedict Spinola and his heir  so that it be endeavour that the queen who be the fountain of justice shall  thereby be make the instrument of injury and wrong f and of a violation of a  pious and excellent law which she a Perk S h b b hetley godb   a   a   light a  Cr Elizabeth Cr James Mod Rep carter Leon   a roll Rep Bac ab lease h note  wonder   a e the disability to grant be here admit to be not simpliciter send  secundum quid and therefore why may it not with as much reason be say that  since it be a general rule that the crown if not name be not bind by the  general word of statute and since the restrain alienation by the corporation  mention in Elizabeth in all case will be injurious therefore alienation to the  crown be not restrain to the extent that when circumstance occur make a  alienation advantageous to those who possession be intend to be preserve by  this Act Elizabeth and to other and even in some case to the public this mean  of alienation may be leave open as little likely to be abuse as almost any  power whatsoever since not only the crown but the several other person who  confirmation be necessary must concur with the alienors with the abuse and  this be the more reasonable as at the time of make the Elizabeth private act  of parliament for alienation of land or exchange of land settle in mortmain be  rare note in serjeant hill copy Vid ante note a f parliament be of ten not  hold for year and therefore in those day it be not unusual for the crown to be  make the instrument of alienation for good purpose one instance I shall  mention videlicet where a subject be tenant in tail of the gift of the crown  with reversion to the crown and circumstance make a alienation proper it be  usual for the king to grant the reversion to other on trust after a recovery  have to reconvey it to the king and all the judge of England hold this a good  practice and the case out of the prohibition of the stat Henry c and it be  never think a reflection on the party and in this very case notwithstanding  the scandal here throw upon it the alienation be in itself just and for the  advantage of Magdalen college and of all party and of the public as appear  clear by the earl of Oxford case prfixed to first chancery report where there  be a argument in support of the jurisdiction of the court of chancery to  relieve against this judgement which that court do in this case and also in  another like case against the dean and chapter of Brand sl as appear by roll  Abr S pl and it appear by vie earl of Oxford case page that Magdalen college  be advance to the amount of by the consideration give for the alienation and  that the college wait until Spinola and the earl of Oxford his assignee and  his undertenant have build to the amount of before the college attempt to  disturb Spinola coke report a er p herself for the maintenance of religion  advancement of the liberal art and science and for sustenance of the poor have  make and where the master and fellow be seize of the say house to they and  their successor for ever in jure college pro good public and to pious and  charitable use now it shall be convert for the private use of Spinola and his  heir for ever sicque as the statute of Carlisle year a Edward speak quod  formerly in ususpios ad divine cull augmentmm et ctera need I a be aritatisve  p et I CAfuit erogalum nunc in sensum base be turning and the poet do well  reprehend that to be hc prudence quondam publican private citizen secerner  sancram prfanis and it be resolve that the law will never make a  interpretation to advance a private and to destroy the public but always to  advance the public and to prevent every private which be odious in law in such  case and therefore it be well say in Heydons case in the three part of my  report f b the office b of judge be always to make such construction as to  suppress the mischief and advance the remedy and to suppress subtle invention  and evasion for the continuance of the mischief et pro private citizen  suitably and to add force and life to the cure and remedy accord to the true  intention of the maker of the Act pro good public and if it shall be lawful  for master and fellow of college dean and chapter c to convey to the queen  with such condition to grant to a subject without question such construction  will tend to the continuance of the mischief et pro private citizen suitably  and therefore in Edward b the friar carmelites who then have no place of  habitation obtain of one John merit who be seize of ten acre of meadow coke a  hold of the bishop of Winchester to have the say acre of meadow for a place of  habitation for they and because John merit can not grant they the say ten acre  by reason of the statute of mortmain by covin betwixt the say John merit and  the friar carmelites to toll the bishop of his signiory which be the  impediment the say John merit to make a evasion out of the statute of mortmain  grant the say ten acre to the king his heir and successor whereby the bishop  signiory will be extinct to the intent that the king shall grant over the same  to the friar carmelites which he do accord and because it be by covin betwixt  they as aforesaid to toll the bishop signiory it be adjudge that the say  charter shall be repeal and that the friar carmelites shall be distrain to  deliver the charter to he cancel out of which case five thing be observe that  he who make the king who be the fountain of justice to be the instrument of  fraud and covin and thereupon obtain letter patent that they be void because  dolus cireuitu non to lift if the king be endeavour to be make a instrument to  toll the right of another and to that end a man obtain letter patent that such  letter patent shall be repeal although such covin and fraud be not contain in  the grant make to the king but appear only by averment dehors yet the patent  shall be repeal g although the friar carmelites be of a profession of religion  and have not any habitation before so that it seem to be a work of piety and  charity to provide a habitation for they yet non facias malum or those claim  under he and the master of the college who succeed he who with the fellow make  the alienation have continue the deception on the purchaser for some time by  accept the feefarm rend this be mention post a and the reason there give be  not think worthy of any question for inasmuch as the body politic in this case  be a body aggregate of many the master alone can by his acceptance divest any  right or interest which be in he and his fellow especial it be without deed  which reason hold equal against the alienation bind the college during the  time of the master who with the rest make it which be admit ante for it be the  acceptance and not the mode scilicet a deed of acquittance that be only  material as it seem even at law and certain be so in equity note in serjeant  hill copy a e c roll Rep hob Inst b Cr car cro argum   a Syd Bulst hob roll  Rep   light b g Vid serjeant williams note Underhill v Devereux sand oh coke  report b er p nt ind fiat good that such charter so obtain be adjudge to be  repeal by the commonlaw and the like case Edward b the master and scholar of  merton case vide Bracton in the beginning of his second book nothing  aliudpatest king in terris cum sit God minister et that supplies a place how  quod de jurepotest etpaulo post and so potestas law sum be non injurice et  observe well cum sit author law non debet ind in an unjust manner to be born  occasion unde jura to be born and e chief justice say that if one who intend  to sell his land have by fraud convey it by deed enrol to the queen to the  intent to deceive the purchaser and afterward he sell the land to another for  a valuable consideration and make a conveyance accord in that case the  purchaser shall enjoy the land against the queen by the statute of Elizabeth  cap for although the queen be not accept yet the Act be general and make to  suppress fraud shall bind the queen so he say if tenant in tail be seize of  land the remainder over in tail or in fee and he in remainder know the tenant  in tail will alien the land and by recovery bar his remainder to the intent to  deprive the tenant in tail of his coke b birthright and the power which the  law give he to bar the remainder and on purpose and with intent to deceive the  purchaser grant his remainder to the queen by deed enrol and afterward tenant  in tail for a valuable consideration alien the land by a common recovery and  die without issue the purchaser shall enjoy the land against the queen by the  say statute of a Elizabeth the word of which be that every conveyance c make c  to the intent and of purpose to defraud and deceive any purchaser c shall be  deem only against such purchaser c to be utter void in which word it be to be  observe that such former fraudulent conveyance make by the vendor himself be  not only restrain but general that every conveyance make of purpose and intent  to deceive a purchaser shall be void and therefore the conveyance of the  remainder to the queen of purpose and intent to deceive a purchaser be direct  within the word and purview of the Act and of such opinion be Popham chief  justice open in the exchequer Chamber and the say case of a Edward b and b  Edward b be strong than this be where the party grieve be relieve by the  commonlaw forasmuch as the king can be a instrument of fraud and deceit et cum  sit authorjuris non debet ind in an unjust manner to be born occasion unde  jura to be born Vid c Cholmeleys case in the second part of my report fol and  it be say that the law have give the king a great prerogative above any of his  subject that whereby d fraud or false suggestion he be deceive that he himself  in such case shall avoid his own grant jure king and that appear year e b in  the earl of ken case et Stamford PrrogRegis a the six reason that the statute  have make void all lease grant c other than for twentyone year or three life  whereupon the accustom rend or more be reserve which be express and  demonstrative of these two particular case exclude all other and as to all the  case which have be put on the other side it be resolve that none of they  impugn any of these reason or ground that where the king have any prerogative  estate right title or interest that by the general word of a Act he shall not  be bar of they as in the say case of reasonable aid the king have a estate and  interest in it and therefore the general word of the Act of Westminster e cap  shall not extend to it also the king have a prerogative f quod no one time to  run up king and therefore the general act of limitation g or of plenarty shall  not extend to he so the king by his coke a prerogative may a   light b a ante  b a b roll Rep   Inst a   b   a ante a c ante b roll Rep d Br patent Br  petition die pl   a a roll e ante b Poll park f   light b b a b hob light Rep  Inst godb Plowd a hard roll Rep palm roll Rep   a g b and c   b roll Rep Plowd  b b a coke report b er p sue in what court he please and of this prerogative  he be not bar by the general purview of the Act of great Charta cap H etsic de  foreigner but in the case at bar the king be not exclude of any estate right  title interest or prerogative that he have before the Act in the say house and  therefore for all these reason it be conclude that this Act of Elizabeth shall  bind the queen notam reader that the general statute of Henry S cap of fine  for avoid of controversy shall bind the king as appear in the seven part of my  report fol as to the number of the lease which have be make since the statute  of Elizabeth by master and fellow of college dean and chapter master of  hospital c to that it be answer that it be more ex experience a clergyman who  imitate precedent of lease make before than of any sage advice of man learned  in the law Mullitudo flying about non make ready wandering protection the  inconvenience be great and concern more person and in a more high degree on  this side than on the other for in the famous university of Cambridge and  Oxford there be fortytwo college beside the college of Westminster Winchester  of Eton Zion Gresham c there be twentyfour dean and chapter archdeaconries  sixty dignity and prebend in cathedral church parsonage and vicarages and  hospital a exceed great number so that give all these and their successor  power from time to time for ever by a mean or by way to alien the possession  of the college dean and chapter archdeaconries prebend parsonage vicarages  hospital c which be give to religious pious charitable and public use will be  of great inconvenience and consequence than the destruction of certain estate  and lease make since the Act of Elizabeth of the possession either of  ecclesiastical person or of the poor original give for the maintenance of work  of piety and charity and now transfer to private person and convert to private  use and the restore of these possession to their original foundation or  endowment see for the maintenance of religion the advancement of liberal art  and science sustenance of the poor and other work of charity pro good public  it will tend to the great prejudice of archbishoprics and bishopric for if  dean and chapter shall have power to alien not only their possession but their  cathedral church where will then be bishop e piscopi and where will be his  prebendary who prberent help bishop in consultation for the suppress of heresy  and error and in the true instruction of man in religion and the spiritual  worship of God commit to their charge and in the celebration coke b of divine  service c so of archdeacon c there never be any judicial opinion in any court  that the queen be not bind by the Act of Elizabeth but on the other side it  have be often resolve in the high court of justice that queen Elizabeth be  bind by the say Act and therefore it be resolve in the parliament hold year  Elizabeth by Popham and Anderson chief justice and diverse other justice  assistant to the lord in parliament that the queen be bind by the say Act of  Elizabeth which I have report in my five book fol in the case of  ecclesiastical person which resolution of the judge the lord and Commons in  parliament well allow of and therefore in the Act of confirmation at the same  parliament of grant c make to the queen and of grant make by the queen know  Elizabeth cap in the clause of grant c make to the queen there be a exception  in these word other than conveyance or estate heretofore have or make by any  ecclesiastical person or person body politic or corporate not have power or  ability by the law of the realm to make the same by which word the whole  parliament well approve of the say resolution of the judge as to this point  also at the parliament hold I James when the bishop bill be read to restrain  they from convey to the king c it be move by the right reverend archbishop  Whitgift that dean and chapter and other have ecclesiastical live c shall be  restrain and insert in the say bill also as well as archbishop and bishop and  it be again resolve by the justice assistant at the same time that they be  restrain by the statute of Elizabeth from make any conveyance to the king of  any part of their possession and so it be say it have be resolve before that  time and therefore they be omit in the say bill concern the disability of  archbishop and bishop of the same parliament de year I James king and of what  authority the resolution of the judge assistant in parliament be appear in  Edward a b the duke of Lancaster and blanch his wife bring a to know facias  coke report a er p against the lady Latimer and a question be move concern the  abatement of the say judicial writ and there Thorp chief justice inform the  court that he be in parliament when such a question be debate and there it be  resolve that the writ shall not abate to which Cavendish sergeant say my lord  you be our judge and we have none other judge but you in this place also that  which be resolve in parliament be not of record coke a and if you will adjudge  that we shall answer we will ready answer to which Thorp chief justice who  give the rule of the court say we who be judge may remember it as well as if  it be in write and we will not adjudge the reverse of what be adjudge there  wherefore answer upon which book the chief justice strong rely as well for the  authority of the resolution of the judge in parliament as for the credit of  the report of the judge notam reader as it be observe in the case de year  Elizabeth fol the say Act of Elizabeth have be always construe beneficial to  prevent all invention and evasion against the true intention of the same Act  as appear there by diverse resolution there report and also that it have be  often hold that where the statute say master and fellow of any college be the  college incorporate by the same name or by the name of warden and fellow or  warden and scholar or warden fellow and scholar or by the name of master  fellow and scholar or master and scholar or provost fellow and scholar or by  any other name of corporation and be the college temporal for the advancement  of liberal art and science or to educate youth in good literature or mere  ecclesiastical or mix every such college be within the provision of this Act  the same law where the statute say master or warden of any hospital be the  hospital incorporate by any other name or be it a sole corporation or a  corporation aggregate of many the statute extend to all manner of hospital  etsic de cteris for this Act have always have a benign and favourable  construction as to this second point it be resolve that the statute of  Elizabeth c have not give any force or effect to the say grant make to the  queen but that after this Act the grant remain of the same force as it be  before this Act and that for three reason this conveyance to the queen be out  of the word of the Act of Elizabeth for two reason because the word of the  statute be where since the that of November three the first year of her  majesty reign diverse and sundry mallors land tenement c have be convey and  assure to roll highness her heir and successor by and from diverse and sundry  person and body politic as well for satisfaction of great debt and sum of  money as for other good consideration for the perfect assurance confirmation  and further surety whereof be it enact that all feoff coke b fine surrender  assurance conveyance and estate c to or for our sovereign lady the queen her  heir and successor by or from any person or person body politic or corporate  of any manor land tenement c for any debt sum or sum of money or other  consideration whatsoever shall stand c good c so that it appear that only such  conveyance be establish by this Act which be make for satisfaction of debt and  sum of money or other good consideration which word in the preamble be join to  the body of the Act for immediate after the same word the statute say for the  perfect assurance c whereof be it enact and therefore although the word be in  the body of the Act for any debt sum of money or other consideration  whatsoever omit good before consideration yet it be necessary imply not only  by the say connection of the preamble to the purview but also be imply in the  word consideration for year Elizabeth dyer b consideration be describe to be a  cause or occasion meritorious require a mutual recompense in fact or in law  and inasmuch as the say grant to queen Elizabeth by the say master and fellow  of the say college of the say house be not for any debt sum of money nor other  good consideration for this cause the say grant be out of the letter of the  say Act and it be observe that the queen shall never pay the say rend reserve  on the say grant for the rend be Payable only at the Feast of saint Michael  the Archangel and by force of the say condition which be compulsory the queen  ought to grant it over by the first day of April or forfeit her estate there  be not only a omission of a good consideration but also all addition of a in  and fraudulent practice to make the queen who be the fountain of justice to be  a instrument and that constructive by condition which in truth be against the  honour and dignity of the queen to convey it to a subject the say coke report  a er p Benedict Spinola and all this to make a evasion if possible out of the  say Act of Elizabeth admit the say grant have be for the satisfaction of a  debt sum of money or other good consideration yet the say Act of Elizabeth  shall not be extend to this case for the better apprehension of which and for  the true understanding and construction of the say Act it must be know that as  to this purpose there be five kind of disability or imperfection whereby deed  or other instrument and conveyance to the queen may be impeach in respect of  the disability of the person of the grantor by reason of the nature of the  thing grant of the estate of the grantee of the manner of the grant which have  not legal foundation in respect of the omission of some circumstance require  by law but have a firm commencement or foundation as to the coke a first  person be disable either by commonlaw or by Act of parliament by commonlaw as  by reason of infancy profession idiocy non san6enbemori6e coverture c also of  these disability by commonlaw some be absolute as infant or monk who can do  any act which shall bind they but that by law it may be in time avoid and some  disability be secundum quid and not simpliciter and therefore if a idiot non  compos chin feme covert make any conveyance unless it be by fine or recovery  they be avoidable so a bishop without the dean and chapter a parson or vicar  without the patron or ordinary a prebendary without the bishop dean and  chapter c and such like have power to dispose of their possession during their  incumbency but not to prejudice their successor disability by parliament as  master and fellow of college dean and chapter and other name in the say Act of  Elizabeth and now archbishop and bishop by the statute of I James king cap all  which be disable to do any thing in prejudice of their successor as to the  second in respect of the nature of the thing grant as if the donee in tail  hold of his donor by fealty and the donor by deed enrol grant fealty to the  king this grant be mere void because it be a incident inseparable to the  reversion as it be hold in ass p so if a founder of a college c will grant his  foundership to the king by deed enrol it be void for it be inseparable to the  blood as it be hold tempt Henry brook title as to the three in respect of the  estate as if tenant in tail of land by deed enrol grant the land to the queen  in fee it shall not bind his issue in tail in respect of his estate tail as to  the manner of the grant which have not a legal foundation as if a man seize of  land in fee grant the land after his death to the queen her heir and successor  or such like which be against the rule of the law as to the omission of some  circumstance as if a man be seize of land in fee and by deed in satisfaction  of a debt or sum of money or other good consideration grant it to the queen  her heir and successor and this deed be never enrol here be a good  commencement but it want enrolment for the first it must be know that the  general word of the say Act of Elizabeth shall not enable any person to make  any conveyance who be disable by the commonlaw as if a infant have convey land  to the queen by deed enrol that be not establish by the say Act because the  person of the infant during his minority be utter disable so if a infant have  levy a fine to the queen before the say Act of Elizabeth and afterward the say  Act be make coke b yet the infant notwithstanding the statute may reverse the  fine by writ of error and so it be resolve m Elizabeth in b r by Wray chief  justice et totan curian in Vaughan case and the reason thereof be prove by the  rule of our ancient book see in e coroner and it be enact by the statute of W  cap quod si appellee de felon c see acquietaverit c to set up again hujusmodi  appellant financial loss appellee and the case be that a appeal I of death be  bring against a monk who be acquit and thereupon be pray his damage accord to  the say Act but because a monk be a person disable by the commonlaw to recover  any damage and the general word of the Act do not enable any person who be  disable by the law for this cause it be there hold that he shall not have any  damage the same law as there holding if a appeal be bring against a feme  covert and she be acquit I appeal of murder treason felony or other offence  abolish by stat Geo c coke report a er p she shall not have damage for she be  disable by the law to sue alone it be enact by the statute of marlebridge cap  that the lord by knight service shall not lose the wardship by feoff make by  collusion veruntamen non although the dawn hujusmodi Jeoffiatos without  judgment lie eisire send short catalog to have de hujusmodi custodian Himself  reddendo yet if the tenant enfeoffq the villain of the lord upon collusion the  lord may enter and expel he and shall not be put to a action as holding h for  the general word of the Act shall not enable the villain who be disable  against his lord by the commonlaw and therefore if the lord bring a action  against he accord to the letter of the law he shall be enfranchise a strong in  the case at bar when the master and fellow of the say college be disable by  the Act of parliament de year Elizabeth to make a grant to bind their  successor the general word of the Act of Elizabeth shall not enable they to  make any estate against the say Act of Elizabeth so if a bishop without the  assent of the dean and chapter by deed enrol have grant land to the queen her  heir and successor and afterward the statute of Elizabeth be make this grant  be not make good against the successor for the person of the bishop be disable  to grant it without the assent of the dean and chapter to bind his successor  and so it be resolve in Elizabeth as the Lord dyer report which I have under  his hand but the same be leave out of the print book the same law of a  prebendary parson c but know reader that there be a difference between a  general Act see by or from any person or person body politic or corporate as  the say Act of Elizabeth and a Act which specify and mention particular kind  of body politic and corporate as the statute of coke a Edward cap of chantry  vers that which divides by which it be enact that every gift and grant  heretofore make to the late king and to his heir or to our sovereign Lord the  king that now be and to his heir by any archbishop dean archdeacon treasurer  prebendary c of any manor land tenement c to any of the say benefice prebend c  belong shall be good and effectual in the law to all intent and purpose and in  pasch queen Elizabeth inter wharton et Morley in the exchequer the case be  that a prebendary of York by deed indent grant parcel of the possession of his  prebend to king Henry his heir and successor and although the deed be enrol  and the grant be make without assent of the bishop dean and chapter that yet  the say grant be adjudge good because the prebendary be express name in the  act if a grant have be make to the queen of a inseparable incident as of a  foundership or of the say service of the donee in tail the Act of Elizabeth  will never make such grant good because such thing be not grantable if tenant  in tail by deed grant his land to the queen such grant be make good against  the issue in tail by the say Act of Elizabeth for the person of the tenant in  tail be able and he have power over the land and so be it hold in Vaughan case  but if husband and wife by deed grant the land of the wife to the queen that  be not make good by the say Act to bind the wife after the coverture or her  heir for there the person of the feme covert be disable to convey her land  unless it be by fine upon due examination and so also be it hold in Vaughan  case when the manner and composition of the deed be void in law as in the case  which have be put if a man seize of land in fee by deed for a good  consideration grant the land a after his death to the queen her heir and  successor such grant be not make good by the general word of the Act of  Elizabeth and therewith agree Henry b the abbess of zions case and the earl of  Leicester case blow Com c a strong case than this be b queen evil are begin  beginning vix be ut good to thrust through exit vide Edward Henry formedon  when the person be able and have power over the land and the deed be good and  legal but want circumstance as enrolment or the like there such deed be  establish and such omission supply by the say Act of Elizabeth for the Act  make a before a Br grant Br patent   light b cro Elizabeth hob roll palm more  and   b   b roll Rep roll buist Cr James godb b   b   b a Bulst   a Cawley  coke report b er p the conveyance good accord to the true intent and purport  thereof and in such case the purport of the deed be sufficient enough although  it be not of any effect to pass the thing coke b the say Act of Elizabeth may  have some operation as this case be upon the say grant to the queen insomuch  as the say dr Kelke the master of the say college be then alive and the Act of  Elizabeth have disable the say master and fellow as to the successor of the  say master and this point be so conclude quod where quid generally to go away  to be in h6ec exception sinon to some degree sit contrajus the dictates of  religion and the say Act of Elizabeth cap have explain and expound this Act of  Elizabeth as appear before and notam reader if the Act of Elizabeth shall make  good conveyance make by person disable it will not make effectual estate make  before the Act but give liberty within seven year after to make they which the  statute never intend for thereupon great prejudice and mischief will ensue as  to the three general point it be resolve that the say fine and nonclaim by  five year shall not bar the right of the say college for two reason the word  of the Act of Elizabeth be that all lease gift c conveyance and estate have  make do or suffer by any master and fellow c so that in the case at bar there  be a conveyance and estate permit or suffer by the master and fellow of the  say college and that these word shall not be extend only when the master and  fellow suffer a recovery c against themselves as party thereunto but general  accord to the letter when they suffer other to levy a fine with proclamation  and suffer also five year to pass without claim and although the conclusion of  the purview of the Act be shall be utter void and of none effect to all intent  construction and purpose yet by construction it shall be so take that the say  fine levy with proclamation c shall be void and of none effect to bind the  right of the master and fellow of the say house and it will have be of none  effect to have prohibit they to bar the right of their college by conveyance  make by the master and fellow themselves and to have leave they power by their  permission or sufferance and nonclaim to bar it and to that purpose these word  permit or suffer be add the second reason be that forasmuch as the say estate  convey to queen Elizabeth be of force during the life of dr Kelke then master  and that he be alive at the time of the fine levy and all the proclamation  pass in his time so that none can have make a entry or claim during his life  and that dr Gooch within five year after his death do enter into the say house  claim it to be the right of he and of the fellow of the say college for these  cause also it be resolve that this entry have avoid the fine vide Henry  Stowels case blow Com cross and howel case blow Com coke a as to the four  general point that be not think worthy of any question for inasmuch as the say  body politic in this case be a body aggregate of many the master alone can by  his a acceptance divest any right or interest which be in he and his fellow or  conclude he especial it be without b deed to enter into the say house vide h b  Edward e Plowd Com b c and accord to these resolution judgement be give quod  to express grief nothing to wrinkle per billam