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Vicars, and others having spiritual promotions, were the chiefest causes of the dilapidations and decay of all spiritual livings and hospitality, and the utter impoverishing of all successors, incumbents of the same; it was enacted, that from thenceforth, all leases, gifts, grants, feoffments, conveyances, or estates, to be made, had, done, or suffered by any Master and Fellows of any college, Dean and Chapter of any cathedral or collegiate church, etc. of any houses, lands, or other hereditaments, being any parcel of the possessions of any such college, cathedral church, etc. to any person or persons, bodies politic or corporate, (other than for the term of twenty-one years, or three lives, from the time any such lease or grant should be made or granted, whereupon the accustomed yearly rent, or more, should be reserved and made payable yearly during the said term,) should be utterly void and of none effect, to all intents, constructions, and purposes, any law, custom, or usage to the contrary notwithstanding. Then follows a proviso in these words, viz.

That this act shall not extend to any lease hereafter, to be made, upon surrender of any lease heretofore made, or by reason of any covenant or condition contained in any lease heretofore made, and now continuing; so that the lease to be made do not contain more years than the residue of the years of the former lease now continuing shall be, at the time of such lease hereafter to be made, nor any less rent than is reserved in the said former lease.

Another act was made in the 14th of Eliz. whereby it was enacted, that the former act, or any thing therein contained, should not extend to any grant or lease of any houses belonging to any persons, or bodies politic or corporate, situate in any city, borough, town corporate, or market town, or the suburbs of any of them, or to any grounds thereto belonging; but that all such houses and grounds might be granted and demised, as by the laws of this realm, and the several statutes of the colleges, cathedral churches, and hospitals, they might have been before the making of the said statute: provided, that no lease should be made by force of this act in reversion, nor without reserving the accustomed yearly rent at the least, nor without charging the lessee with the reparation, nor for any longer term than forty years at the most.

In May 1656, a bill in Chancery was exhibited by the Doctors in Commons, against the Master, Fellows, and Scholars of Trinity-Hall, and others, for establishing and settling the trust of the said lease for ninety-nine years, dated the 2d of February 1567, and to be quieted in possession; the college pretending, that the same was not taken in trust for the Society of Doctors, but in their own right.

This cause being at issue, was several times heard; and at last, by two several orders, dated the 13th of July 1663, and the 17th of May 1664, the matters were referred to Mr. Serjeant Glynn and Sir Jeffery Palmer.

Pursuant to these orders, the referees on the 14th of January 1664, made their certificate, and thereby, inter alia, appointed, [243] that those Doctors who had leases of chambers from the college, might, on demand, renew the same, under the same rants then paid, for twenty-one years, without fine; and that those who had no leases, and were in possession, with the consent of the Doctors Society, might take leases without fine for twenty-one years; and that when the lease from the Dean and Chapter came to be renewed, and a fine thereof paid, the same should be renewed at the charge of the college, with the same qualified trust, under the same covenants and agreements as contained in the said lease of February 1567, and subject to the performance of the several particulars therein agreed; and that on the grant of any lease by the college to any new comer-in, a fine should be paid to the college, not exceeding one year's rent; and therefore when the lease of the Dean and Chapter should be renewed, no greater rents should be reserved on the chambers than were then payable, nor greater fines than as aforesaid; and that the Doctors who outlived any lease for twenty-one years, might renew without fine. And by several orders of the Court, this certificate was absolutely confirmed.

In September 1666, the fire of London happened, and the said house called Doctors Commons was burnt; whereupon, by an order of the King in Council, dated the 5th of October following, the Doctors removed to Exeter-house, to keep their courts there.

By an act of parliament, 19 Car. 2. intituled, An act for erecting a Judicature, for determination of differences touching houses burnt or demolished by reason of the late fire; the said Court of Judicature was impowered, where they should