The Dean and Chapter of Westminsters Case
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1823 |
| Date | 01 January 1823 |
| Court | Court of Common Pleas |
English Reports Citation: 124 E.R. 794
COURT OF COMMON PLEAS
the dean and chapter of westminsters case. Ejectment. Ejectment. Special verdict. Jury find John abbot of Westminster and die covenl was seised of the houses in question in jure ecclesiae, and that they did in 2 Phil. & Mary demise the premisses, being nine houses in the parish of St. Martins to Elizabeth W. rendant rent 35s. 4d. per annum at four feasts, &c. by force of which she entred; and they find that in of the Queen, the reversion Tested in the dean and chapter of Westminster, who after did grant it for 51 years five months and twenty days to Margery Eatcliffe, by force of which she entred (under whom Sir Richard Winn claims an estate [10] to the houses) for they find the estate of the said Margery did after come to Sir Eichard Winn, and that be entred and was possess't. They find that John bishop of Lincoln and dean of Westminster and the covent, anno 1637, in consideration of the surrender of the forms' demise, and for 501. did demise to him the said Sir Eichard Winn the said measuagei, by the said abbot and covent, let to Eliz. W. for 99 years, this lease was to bold for 40 years. They find 351. 4d. to be the whole rent, and that the messuages lie in tbe Strand. (So Sir Richard Winn (there being 17 years in being of the lease for 99 years} he takes a new lease of the dean and chapter for 40 years, and this is to begin presently.) They find that John the said bishop of Lincoln late dean died in 1651, and that John Earles was elected dean, and that in 1660 he received 351. 4d. for one yean rent. They find tbe Acts of decimo tertio, decimo quarto, and decimo octave of the Queen. They find that the dean and chapter 13 Febr. 1661 entrad upon one of the said messuages, and mada a lease to the lessor of the plaintiff, who entred and let to the plaintiff, and that the defendant executor to Sir Eichard Wintt entred and ejected him. Jeo ne oye les arguments des Browne & Archer Justices, Tirrell Justice argued pro querente, come ensuist. I shall pass by how things were at common law amongst corporations; only I observe this, at common law dean and chapter had an unlimited power over their possessions, till the stat. 13th of the Queen, cap. 10. Now the reason of the stat. 13th of the Queen was, because long and unreasonable leases made by ecclesiastical persons were tbe causes of dilapidations; then that enacts, that leases made other than for the term of 21 years, or three lives, from the time of the making such lease, shall be void. Then in the Act of 14th of the Queen, cap. 11, an Act made for the continuing of several statutes; it ia enacted, that the Stat. of 13 Eliz. shall not extend to leases made of houses in cities, burroughs, towns corporate, or market-towns, but that such houses may be demised, as they might have been before the making of that statute; provided always that such house be not the capital or dwelling-bouse of the said ecclesiastical persons. Provided always, and be it enacted, that no lease shall be permitted to be made by force of this act in reversion, nor without reserving tbe accustomed rent, nor for longer term than forty years at tbe most. Then the Stat. 18 Eliz. reoites the 13th, and enacts, that all leases made by ecclesiastical persons, whereof any former lease for years is in being, not to be expired, surrendred, or ended within three years next after the making of any such new lease, shall be void. And what alteration these Acts have made at the common law, and what one with another, shall be our first consideration. That of the 13th of Elizabeth as a disabling . the dean and chapter of westminsters case 795 Act aa to corporations ecclesiastical aggregate, for whereas dean and chapter before might have made what leases and grants they would, by that they are now restrained to one and twenty years, or three lives; but because by the words of that Act concurrent leases were devised, and to make a lease before the one and twenty years were out, was against [11] the intent of the stat. of 13th, though within the letter of it. .Therefore the Stat. of 14 Eliz. is shufled into an Act for continuance of statutes, as my Lord Hobart well expresseth it in Crane awd T&ylw's case, fol. 269, and therein is some alterations made as to the statute of decimo tertio; and well might it be said to be shufled in, when there is such inconsistency in the Act, which enacts that every clause in the said Acts should continue until the end of the next Parliament which it had repealed. :Now to examine whether such leases of houses are totally exempt by the 14th out of the 13th or not; so that if the qualifications of the 14th be not observed...
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