mentioned ſtatute on biſhops, to certain other inferior corporations, both ſole and aggregate. From laying all which together we may collect, that all colleges, cathedrals, and other eccleſiaſtical, or eleemoſynary corporations, and all parſons and vicars, are reſtrained from making any leaſes of their lands, unleſs under the following regulations: 1. They muſt not exceed twenty one years, or three lives, from the making. 2. The accuſtomed rent, or more, muſt be yearly reſerved thereon. 3. Houſes in corporations, or market towns, may be let for forty years; provided they be not the manſion-houſes of the leſſors, nor have above ten acres of ground belonging to them; and provided the leſſee be bound to keep them in repair: and they may alſo be aliened in fee-ſimple for lands of equal value in recompenſe. 4. Where there is an old leaſe in being, no concurrent leaſe ſhall be made, unleſs where the old one will expire within three years. 5. No leaſe (by the equity of the ſtatute) ſhall be made without impeachment of waſte[1]. 6. All bonds and covenants tending to fruſtrate the proviſions of the ſtatutes 13 & 18 Eliz. ſhall be void.
Concerning theſe reſtrictive ſtatutes there are two obſervations to be made. Firſt, that they do not, by any conſtruction, enable any perſons to make ſuch leaſes as they were by common law diſabled to make. Therefore a parſon, or vicar, though he is reſtrained from making longer leaſes than for twenty one years or three lives, even with the conſent of patron and ordinary, yet is not enabled to make any leaſe at all, ſo as to bind his ſucceſſor, without obtaining ſuch conſent[2]. Secondly, that though leaſes contrary to theſe acts are declared void, yet they are good againſt the leſſor during his life, if he be a ſole corporation; and are alſo good againſt an aggregate corporation ſo long as the head of it lives, who is preſumed to be the moſt concerned in intereſt. For the act was intended for the benefit of the ſucceſſor only; and no man ſhall make an advantage of his own wrong[3].
