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think it convenient, to order new leases, not exceeding forty years, to be made of any of the premises. And by an additional act, 22 Car. 2. it was enacted, that the said term of forty years should not be added to any term of years in being, so as to make the whole term exceed the number of sixty years, by any decree to be made by virtue of this or the former act.

In 1670, Trinity-Hall petitioned the Judges of this Court of Judicature, which sat at Clifford's Inn, complaining, that the Doctors refused to build, or surrender up their leases; and praying, that the Dean and Chapter and the Doctors might contribute towards the building. And the Dean and Chapter also petitioned the same Court, taking notice of the said lease for ninety-nine years, and that there were about forty-six years to come therein; that the promotion of trade and dealing about Doctors Commons chiefly depended on that Society, and the persons resorting to them and their Courts, and that the building was neglected; and therefore prayed, that the College and Society of Doctors might appear, and that directions might be given for the furtherance of the building.

On the 1st of December 1670, these petitions were heard; and it was thereupon decreed, that the term then to come in the lease of the 2d of February 1567, should be made up to sixty years; and that the Dean and Chapter, on surrender of that lease, should make to Trinity-Hall a new one for sixty years, from Michaelmas 1670, under the yearly rent of £5 8s. but without any fine; and [244] that after the expiration of the sixty years, the covenants in the lease then in being might be resumed.

In obedience to this decree, the Dean and Chapter on the 20th of February 1670, made a new lease to Trinity-Hall for sixty years from Michaelmas 1670; but no covenant for granting a further term of ninety-nine years was inserted therein, nor were there any directions in the decree for that purpose.

Nevertheless, in Hilary term 1720, the appellants exhibited a bill in Chancery against the respondents, praying, that they might be compelled to make a lease to Trinity-Hall, upon the terms and conditions mentioned in the lease of the 2d of February 1567, and for such number of years as was thereby granted; or if the same should not be legal, then for the term of forty years, and so from time to time for such term as by law they might grant, till it should be made a term or terms for ninety-nine years, on payment of a fine of £20; and that at the end of such new term of ninety-nine years, the lease might, in like manner, be renewed from time to time for ever.

The respondents, by their answer to this bill, submitted to the judgment of the Court, whether they were compellable to make any such lease or leases, or not; and averred they did not know or believe, that they or their predecessors had ever had the advice of the Doctors freely; but if at any time it had been taken, the same acknowledgments had been expected and made, as were usually made by other persons in the like cases.

The cause was first heard on the 4th of August 1726, before the Lord Chancellor King, when his Lordship was pleased to declare, that he would hear it argued again, and would then be assisted by some of the Judges.

Accordingly, on the 16th of November following, the cause was again heard before the Lord Chancellor, assisted by the Lord Chief Justice Raymond, the Master of the Rolls, and Mr. Justice Price; and having taken time to consider till the 13th of March, they then delivered their opinions seriatim; when, upon the concurrent opinion of the Lord Chancellor, the Lord Chief Justice, and Mr. Justice Price, (the Master of the Rolls dissenting,) the Court declared, that the appellants were not entitled to any relief, either in law or equity, and therefore dismissed the bill.

From this decree the appellants appealed; and on their behalf it was contended (C. Talbot, T. Lutwyche), that by the covenants in the lease of February 1567, for the Dean and Chapter and their successors on request, to grant a new lease for ninety-nine years to the Master, Fellows, and Scholars, and their successors, for a certain fine of £20, and for them not to sign or alienate the lease to any other than the whole company of Advocates and Doctors of the Arches and their society, without the express consent of the Dean and Chapter and their successors, in writing; it was plain, that a fixed and permanent place was intended by all the parties, to be provided for the appellants to reside in and keep their courts; and that the