The Case of the Master and Fellows of Magdalen College in Cambridge

[66 b] the case of the master and fellows of magdalen college in cambridge. ia-,^ / :.' ò; Pasch. 13 Jacobi 1. [See Earl of Abergavenny v. Brace, 1872, L. R. 7 Ex. 158: Moore v. Clench, 1875, 1 Ch. D. 452; Bradlaugh v. Clarke, 1883, 8 App. Cas. 360; Perry v. Eames, [1891] 1 Ch. 668.] By deed, indented and enrolled, the Masters and Fellows of Magdalen College granted a certain messuage with the appurtenances in fee to the Queen, reserving rent, and with a condition that the Queen should grant the premises over; and the Queen granted them over accordingly. A fine with proclamations was levied to the Earl of 0., to whom the Queen's grantee had conveyed the premises in fee, and five years passed; the successor of the master, by whom the original grant was made, * Cro. Eliz. 261. Cro. Jac. 482. Bridg. 121, 122. Cawly 78. Stat. Limit Carth. 234. * Cawly 79, 80. Cr. El. 138. 583. 3 Inst. 194. 1 Leon. 119. Vaugh. 243. 1 Roll. Rep 95. Godb. 158. 1 H. 7. 3 a. Br. Release 41. Hutt. 82. Cawly 76. * 1 Vin. Ab. 211. 3 Inst. 194. 5 Co. 48 b. 50 b. 51 a. Sav. 23. Cawly 78. 80. Moor 58. Br. Release 41. Br. Action popular 7. 12 Co. 29. 2 Roll. Rep. 33. Cro. Jac. 481. Cr. El. 583. Moor 541. 2 Bulstr. 261, 262. 3 Inst. 194. 1236 MAGDALEN COLLEGE CASE 11 00. BEP. 67 a. accepted rent from one H. who paid it in the name of the said Earl of 0. then tenant of the messuage, and gave an acquittance in writing, but not under seal. In ejections firmce against one claiming by virtue of a lease made by the said successor and the fellows of the college, judgment was given for the defendant. And held,-The statute 13 Eliz. extends to restrain the master and fellows of the college from making the above grant to the Queen, although she is not expressly named in the Act. G-eneral words in an Act do not bar the King of any prerogative, estate, right, title or interest. The stat. 18 Eliz. c. 2. by which all feoffments, fines, &c. &c. to the Queen, by any person or persons, bodies politic or corporate, of any manors, lands, &c. for any debt, sum or sums of money or other consideration whatsoever, shall stand, &c. good, &c. does not confirm this grant. And the general words of the said Act 18 Eliz, c. 2. do not enable any person to make any conveyance, who was disabled by the common law. The fine and non-claim by five years do not bar the right of the college. In a body aggregate of many, the master alone cannot, by his acceptance of rent, divest any right or interest which is in him and the fellows; especially, such acceptance being without deed. S. C. 1 Eoll. Eep. 151. S. C. not S. P. 2 Bulstr. 146. 1 Eoll. Eep. 277. Or. Jar. 164. Cr. Car. 175. John Warren brought an ejectioneftr-mce against John Smith, Master of Arts, which began in the King's Bench, Pasehaj 9 Jac. Regis, Hot. 288. and declared on a lease made by Francis Castillion, Knight, 29 Decemb. anno 8 Jac. of an house in London, òin parochia Sandi Botulphi extra Aldgate in War&a, de Aldgate, from the Feast of St. Michael the Archangel then last past for two years; by force of which the plaintiff entered, and was possessed till ejected by the defendant. The defendant pleaded not guilty : and the jury gave a special verdict, viz. that long before the trespass and ejectment, Rogerus Kelke Sacne, Theologice Professor, Magister, et Sodi Collegii Sanctce Maries Magdalence in alma academia Cantabrigue, seisiti fuer' de infrascripto messuagio cum pertinen' in dominico suo ut defeodo injure collegii suiprced', and so being thereof seised, 13 Decemb' anno nuper Regime, El. 17. by their indenture in English, between the said Queen El. of the one part, and the said master and fellows of the said college of the other part, and enrolled in the Chancery of record, the said master and fellows " for divers considerations them thereunto especially moving, did give and grant to our Sovereign Lady the Queen all that their messuage (which was the messuage mentioned in the declaration) with the appurtenances, lying in the parish of St. Botulph without Aldgate, London, to have and to [67 a] hold the said messuage, with the appurtenances to our said Sovereign Lady the Queen, her heirs and successors for ever; yielding and paying therefore yearly to the said master and fellows, and their successors, at the feast of St. Michael the Archangel, 151." with clause of distress, and under this condition or proviso following, viz. " Provided nevertheless, that if our said Sovereign Lady the Queen, her heirs and successors, shall not sufficiently convey, and assure by letters patent under the Great Seal of England, the said messuage with the appurtenances unto one Benedict Spinola, Merchant of Genoa, and his heirs, before the first day of April next ensuing, that then this present indenture, and every gift, grant, and article therein contained, shall cease and be utterly void, and of none effect," as by the said indenture, whereof one part was sealed with the seal of the aaid master and fellows, and the other with the Great Seal of England appears : and the jury further found the Act of 13 Eliz. c. 10. * by which it is enacted by authority of Parliament, that from thenceforth, all leases, gifts, grants, feoffments, conveyances or estates, to be made, had, or suffered by any master and fellows of any college, dean and chapter of any cathedral or collegiate church, master or warden of any hospital, parson, vicar, or any * Co. Lit. 43 a. 44 a. 301 a. 342 a. 6 Co. 37 a. 1 Eoll. Eep. 151. Moor 459. 593. Cr. El. 430. Vaugh. 204. Savil. 129. Golds. 171. 1 Browril. 182. 5 Co. 14 a. b. 11 CO. BEP. 87 b. MAGDALEN COLLEGE CASE 1237 other, having any spiritual or ecclesiastical living, or any houses, lands, tithes, tenements, or other hereditaments, being parcel of any such college, church, cathedral, hospital, rectory, vicarage, or any other spiritual living, &c. to any person or persons, bodies politic or corporate, other than for the term of 21 years, or three lives, shall be utterly void and of none effect to all intents, constructions and purposes, &c. and they found likewise the Act of Confirmation of letters patent made 18 El. cap. 2. * by which it is recited, that where, after the 18th day of November, in the first year of the reign of the said Queen Elizabeth divers and several honours, castles, lands, tenements, rents, reversions, services, arid other hereditaments, were conveyed and assured to the said late Queen, her heirs and successors, by divers and sundry persons, and bodies politic, as well for the discharge and satisfaction of great debts and sums of money, as for other good considerations, for the perfect assurance, confirmation, and further surety of which, it was enacted by authority of Parliament, that all feoftiuenta, fines, surrenders, assurances, conveyances, and estates in any manner conveyed, had or made, or to be made at any time within seven years after the end of the session of the same Parliament, " To or for our Sovereign Lady the Queen's Majesty, by or from any person or persons, bodies politic or corporate, of any honours, castles, manors, lands, tenements, &c. [67 b] for any debt, sum, or sums of money, or other consideration whatsoever, shall stand, remain, and be good and available in law to all intents, constructions, and purposes, according to the true meaning, intent, and purport of the same, saving to all and every person and persons, &c." And further it was enacted, that all letters patent, indentures and other writings, sealed with the Great Seal of England, or the seal of the duchy of Lancaster, or the seal of the County Palatine of Lancaster, then made and granted by the said Queen for any sum of money, or for any other consideration, essent bona, perfecta, and effectual in law, &c. against the said Queen, her heirs and successors, according to the tenor and effect of the same letters patent, &c. And they further found, that the said Queen Elizabeth 29th January, in the said 17th year of her reign, by her letters patent under the Great Seal, granted unto the said Benedict Spinola (who was then a free denizen) the said messuage with the appurtenances, to have and to hold to him, his heirs and assigns for ever: which Benedict Spinola, 15 Junii, anno 22 Eliz. by his deed indented and enrolled within six months in the Court of Chancery, did, for money, bargain arid sell the said messuage, with the appurtenances, to Edward Earl of Oxford, and his heirs; by force whereof the said earl entered, and was thereof seised in his demesne as of fee, prout lex postulat; and he being thereof so seised, Rowland Broughton, gent, and Elizabeth his wife, crast. Trin. anno 24 Eliz. levied a fine of the said house, with the appurtenances, to the said Earl of Oxford and his heirs, with proclamations, which were found at large according to the statute; and afterwards 9 Maii, anno 25 El. the said earl demised the said house to Edward Hamond for 51 years, who 9 Novemb. anno 26 Eliz. assigned all his interest and term for years in the said house, to one W. Masham, who 4 Oct. anno 2 Jac. died thereof possessed intestate, after whose death Alice his wife took administration of his goods, &c. and 1 Feb. anno 4 Regis mine, took to husband the said Francis Castillion, Knight: and that the said Roger Kelke, master of the said college, 8 Jan. anno Domini 1602, (which was anno 44 Regui Regrrue Eliz.) died ; and after his death Barnaby Gooche, Doctor of the Civil Law, was elected and made Master of the said college, and that the said Etlw, Hamond, in the name and stead of the said earl then tenant of the sard house, paid to the said Barnaby Gooche, then master of the said college, 151. of the rent aforesaid, to the said...