Merton College Case.  
THe Manor of Malden in Surrey was the ancient seat of Merton College, which was there founded by Walter Merton temp: Edw. 3.10 years before the removing of it to Oxford, being the Manor of best value left unto the College by the Founder.  
Of this Manor a Lease for 5000 years was drawn from the College by undue courses Eliz. 21. This Lease was made in show only to the Queen, it being never entered into her receipts; and within less than two months assigned over to Henry Lord Fitz Allen, Earl of Arundel without any consideration: by him it was given within a month to john Lord Lumley, who married his daughter. From whom jone Goode, the mother of the present Tenant john Goode Esquire did purchase it for 1800, within less than three years after the first grant from the College.  
This Lease was questioned by the College in the King's Bench, about two years since. But the Tenant waving the Common Law, before he had put in his answer to the declaration, called the Plaintiffs into the Chancery: Where upon opening of the cause before the Lord Keeper, his Lordsh. desiring rather to compound the business, then finally to decide it, and the College not accepting the composition offered by the Tenant, his Lordship did order that the College should prosecute this cause in no other Court, but the High Court of Parliament.  

The exceptions against this Lease are these.  
1 It is utterly void in Law. 

1 By the Stat: of 13 Eliz. which restraineth Colleges from letting Leases for longer than 21 years, or three lives.  
2 By the Stat: of 18 Eliz: cap. 20. No rent corn being reserved upon this Lease.  
3 By the Stat: of 18 Eliz: cap. 10. Because the Leases in being were not determinable within three years.    
2 It was never contracted for, nor any conditions agreed upon by the College, but it was drawn at London, and the Counterpart sent ready sealed under the broad seal of England with a part ready engrossed to be sealed by the College, not alterable in a syllable.  
3 It was made without impeachment of waste.  
4 It comprehends the advouson of the Church, Fines, and profirs of Copyholds, and above 500 Acres of Wood, never demised before with the domains. Besides a stock of grain, & cattles to a great value, the restitution whereof at the end of 5000 years is covenanted, excepting such Cattles as should die of the murrain.  
5 It was made without one penny consideration more than the Rent.  
6 It was unduly drawn from the College. 

1 By threats and violence offered to the person of Dr. Bickley the then Warden.  
2 By terror used at the College, affrighting the Fellows with the presence of three Pursuivants, sent thither to seize upon such as should descent.  
3 By admitting Sr Arthur Atey, who had no right of voice to give a voice as fellow, by which voice only the Granters became the major part.     

Allegations of the Adverse part, together with the answers.  
That the Lease is made good by the Statute of 18 Eliz: of Confirmations.  
Resp: 

1 The very point upon solemn argument was judged to the contrary.  
2 Their waving of the Common Law is a sufficient argument, that they distrust their cause in point of Law.    
That it was the concurrent opinion of the best Lawyers of those times, that such Leases and Estates were good in Law: and in this particular, Baron Altham, and Sergeant Crook delivered their opinions in Parliament 4ᵒ jacob: that the Lease in question was good.  
Resp: 

1 Who were the best Lawyers of those times, were an envious thing to determine, & what their opinions were in this point, cannot be proved.  
2 The opinion of Popham, and Anderson, Chief justices in Parliament 43ᵒ Elizab: was, that the Queen was bound by the Statute of 13ᵒ Eliz: And the like opinion was resolved by the judges assisting in Parliament 1ᵒ jacob: And for that cause, Colleges, and the like were left out of the Bill, which restrained Bishops from granting to the King.  
3 What Baron Althams' opinion was, it doth not appear. But 13ᵒ jacob: Sergeant Crook, with the rest of the judges determined that such Leases were not made good by the Statute of 18ᵒ Eliz:    
That the College had a consideration sufficient in the improvement of their Rent; for the Manor was in Lease for 23 year to come at nine pound Rend per Ann: And the Woods in Lease for seven years without Rent, whereas upon the long Lease 40 per Ann: was reserved.  
Resp. 

1 That the Lease of 23 years was in itself void, of which, if the College had taken the same advantage, which afterwards the Lord Lumly did, the improvement of the old Rent of the Demaines by virtue of the Statute of Provision, would have amounted very near to that sum of 40 per Annum.  
2 For the Woods there was 90 (the Remainder of a former Fine) due at that time to the College: for which the Queen covenanted to pay 100, but not one penny was paid. Whence it appears that those 7 years remaining in the Lease of the Woods, were not to pass without some profit to the College    
That Mistress Good 24ᵒ Eliz: paid 1800 for the purchase of the premises, that she was at charge of divers reparations, new built a Farm house and Barnes. That the present Tenant hath bestowed in new building the Manor house, in Gardens, Hop-grounds, improving, fencing, and enclosing the Lands 2700  
Resp. 

1 That none of that 1800 paid for the purchase, came to the College, but wholly to the Lord Lumly. All the money that came to the College, was only some small sum sent down to buy voices under hand.  
2 Mistress Good was not at the charge of new building the Farm house, and Barns but it was by an under-tenant at his own charge, for his own benefit.  
3 That the charges in improving, fencing, and enclosing the Lands, was yearly rewarded with the Cropp: and was no more than Tenants upon racked Rents do perform for their own benefit and advantage.  
4 That his charges of building the Manor house is no improvement to the Land, for a Farm house had been proportionable enough to the Land, especially as it is undervalved by them.  
5 That Master Good had of his Majesty in recompense of 22 Acres (part of this Manor, taken into the King's great Park at Nonsuch) land's amounting to 10— 10— 4d per Annum old Rent, which in true value may be worth 120 per Annum. or more.  
6 That since the time of the purchase, there hath been felled upon the premises in Timber (besides Coppicewoods') 10000 timber trees, worth ten shillings a tree, which cometh to 5000l. And the present Tenant in his time hath felled 5000 Timber trees, to the value of 2500l.  
7 That the Tenant hath a Recognisance of 5000 of the Lord Lumly for his indemnity. That the premises contain 860 Acres, and are worth per An. 440, whereof they have received the profit 42 years and upwards.    
5 If this Lease should be overthrown, it would open a gap to the disturbance of many quiet and settled estates, of the like nature with this in question.  
Resp. 

1 That there is not, nor hath been any Lease parallel to this in all circumstances, the difference whereof may justly vary the decision of the cause. For example.    
It is no good consequence. 

1 Because a Lease of 5000 years is voided, therefore a Lease of 100 years, or thereabouts, aught to be overthrown.  
2 Because a Lease gotten by undue courses, by threats, and menaces, against the consent of the mayor part is voided, therefore a Lease fairly gotten with the free consent of the Leasors ought to be overthrown.  
3 Because a Lease gotten without any consideration given for it, is voided, therefore a Lease taken upon valuable consideration ought to be overthrown.  
4 Because a weak title to such land, as for a long time of itself hath yielded extraordinary profit to the Tenant, is voided, the refore a weak title to Land in itself of little value, and improved only by the excessive charge of the Tenant, aught to be overthrown.