Statutes of the Realm: Volume 5, 1628-80. Originally published by Great Britain Record Commission, s.l, 1819.
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Recital that divers Members of the Universities, Cathedrals, Colleges of Eton, Winchester, &c., had been amoved, &c.
and that afterwards other Persons had been elected and had exercised the same Places, and made Leases, Grants, &c. upon which Questions might arise.; Election of Officers of Colleges and Hospitals confirmed, and all Grants, &c. by them; and all Leases by Masters, &c. of Hospital of the Patronage of any Bishop, &c.
WHEREAS since the begining of the late Troubles diverse Masters Provosts Presidents Wardens Governours Rectors Principalls and other Heads Fellowes and Schollors of Colledges Halls or Houses of Learning in either of the Universityes of Oxford and Cambridge and the Deane Cannons and Prebends of the Cathedrall or Collegiat Church or Colledge of Christ Church in the University of Oxford and Provost Warden or other Head Officer and Fellowes or Schollers of the Colledges of Eaton and Winchester and Masters and Governors Bretheren Brothers and Sisters of diverse Hospitalls have beene amoved ejected or sequestred by the Lords and Commons assembled in Parliament, or by certaine Visitors by them appointed, or by some Conventions sitting at Westminster under the name or stile of a Parliament or by some Authority or pretence of Authoritie derived from them or the late pretended and usurped powers stiled Keepers of the Liberty of England by authority of Parliament, or Protectors of the Commonwealth of England Scotland and Ireland and the Dominions or Dominions and Territories thereunto belonging. And whereas alsoe after these Amotions Ejections or Sequestrations severall other persons have beene either by election of the said Colledges Halls Houses of Learning Church or Hospitalls or by some of the Powers or pretended Powers above mentioned placed and substituted in these Mastershipps Headshipps Fellowshipps Deanarie Canories Prebendaries Governorshipps and other Places aforesaid who have actually exercised the same places and beene de facto Masters Provosts Presidents Wardens Governours Rectors Principalls and other Heads Fellowes Schollars Bretheren Brothers and Sisters Deane Canons or Prebends of such respective Colledges Halls Houses of Learning Hospitalls Cathedrall Church or places, and have made diverse Grants by Copy of Court Roll, and Leases and Licences to lett or assigne Grants and Presentations to and Elections of diverse persons, Re-entries for non payment of Rent or breach of Conditions whereupon diverse Questions may in time to come arise. For prevention whereof It is Enacted by the Kings most Excellent Majestie with the Advice and assent of the Lords and Commons in Parliament assembled and by Authority of the same That all Grants by Coppy of Court Roll and Leases and Licences of setting and assigning Grants and Presentations And all Elections of Heads Masters Fellowes Schollers Students and Officers of the said Colledges Halls Church and Houses of Learning and Hospitalls aforesaid into dead or other places then or since vacant Receipts & Acquittances of Rents incurred Entryes for forfeitures or Conditions broken had made or given since the five and twentyeth day of March in the yeare of our Lord One thousand six hundred forty two, and before the five and twentyeth day of July in the yeare of our Lord One thousand six hundred and sixty by any such Masters Provosts Presidents Wardens Governours Rectors Principalls and other Heads de facto of the said Colledges Halls and Houses of Learning and Fellowes and Schollars de facto of the same respectively in either of the said Universities, or Deane and Canons or Prebends de facto of Christ Church aforesaid, or Master Provost or Warden and Fellowes de facto of the Colledges of Eaton or Winchester or by such Master Warden or Governours de facto, or Master Warden or Governours Bretheren Brothers or Sisters de facto of any Hospitall by whatsoever particular name or stile of Foundation the said Colledges Church Hospitalls Masters Goverrnors Fellowes Deanes and Canons or Prebends are stiled founded knowne or incorporated and all Leases granted by the Master Warden Bretheren Brothers or Sisters of any Hospitalls of the Patronage of any Bishop, Deane, or Deane and Chapter and all surrenders to them made to inable such Leases Grants and Presentations shall stand and be of the same and noe other force and effect as if the said Masters Provosts Presidents Wardens Governours Rectors Principalls Heads Fellowes Schollers Deane Canons Prebends Bretheren Brothers or Sisters had beene such de jure and duely and de jure intituled [in and (fn. 1) ] to the said Colledges Halls Houses of Learning Church Hospitalls Offices or places respectively, And as if such Leases granted by the Master and Bretheren of any Hospitall of the patronage of any Bishop Deane or Chapter had beene confirmed by the said Bishop Deane or Chapter, And that notwithstanding such defect in the said Lessors or Grantors, and notwithstanding the restitution of any [of (fn. 1) ] the persons soe ejected, the Rents Covenants and Conditions contained in such Leases and Grants shall goe in succession as if such Lessors or Grantors had beene de jure Masters Provosts Presidents Wardens Governors Rectors Principalls Heads Fellowes Schollers Deane Canons Prebends Bretheren Brothers and Sisters of such Colledges Halls Houses of Learning Church Hospitalls and places respectively Any former Law Custome or Statute to the contrary notwithstanding.
II. Exception of Leases of Lands, &c. of the Hospital of St. John Baptist in Northampton.
Provided alwayes and be it Enacted That noe thing in this Act contained doe or shall extend to the confirming or makeing good of any Lease or Leases of any parcell or parcells of Lands Tenements Pastures Houses Orchards Gardens or Barnes or any of the possessions of or belonging to the Hospitall of St John Baptist and the Evangelist in the Towne of Northampton made betweene the first day of September in the yeare of our Lord One thousand six hundred fifty and five and the five and twentyeth day of July in the yeare of our Lord One thousand six hundred fifty and eight by the pretended Master George Goodman and his Co-bretheren of the aforesaid Hospitall by colour of any pretended Grant or Patent whatsoever, or notwithstanding the Seale of the said Hospitall or Corporation was to them or any of them set or affixed.
III. Exception of Leases of Lands of St Oswald Hospital, in the County of Worcester.
Provided allwayes That this Act or any thing therein contained shall not extend to make good in Law or Equity any Lease or Leases made by Simon Moore Clerk late Master or pretended Master of the Hospitall of St Oswald in the County of Worcester of any the Lands Tenements and Hereditaments of or belonging to the said Hospitall to Richard Moore sonne of the said Simon Moore or to any of the children or grandchildren of the said Simon Moore or to any other person or persons in trust or for the use or uses of the said Simon Moore or his Wife Children or Grandchildren or any or either of them
IV. Exception of Officers of Colleges not ordained where Ordination is requisite.
Provided alwayes that noe person or persons shall be confirmed in any Mastershipp Provostship Headshipp Fellowship or Chaplains place in any Colledge or Hall in either of the Universities of Oxford or Cambridge or in the Colledges of Eaton and Winchester that is not [an (fn. 2) ] ordained Minister by Bishops or Presbiters, (or being ordained hath since renounced his Ordination) where by the locall Statutes of the said [respective (fn. 2) ] Colledges or Halls Ordination is required.
V. Exception of Leases of certain Rectories, &c. in the Tenure of Lord Culpeper.; Proviso for Renewal by Lord Culpeper.
Provided alwayes and bee it enacted That this Act shall not extend to confirme any Leases or Leases of the Rectories and Parsonages of Randall and Litlecoates in the County of Lincolne which have long since beene in the tenure or occupation of John Lord Culpeper as by severall Leases under the Seale of the Master and Fellowes of the Colledge of the holy and undivided Trinity within the Towne and University of Cambridge of King Henry the Eights Foundation may appeare and are now leased over the head of the said John Lord Culpeper the auntient Tennant to one John West though according to usage he claimed to renew his Lease three yeares before the expiration thereof at the usuall Fines or more, But that the said John Lord Culpeper his Executors or Administrators reimbursing the said new Tennant or Lessee soe much money as hath beene really paid to the said Colledge for the Fine for such Lease they shall be admitted to renew the said Lease for the said Fine.
VI. Leases of Kirkham Rectory.
Proviso for Thomas Clifton, Esquire.
Provided alwayes That whereas Doctor Owen late reputed Deane and the Chapter of the Cathedrall Church of Christ in Oxon of the Foundation of King Henry the Eight by their Indenture dated the seaventh day of August in the yeare of our Lord One thousand six hundred fifty seaven did lease and demise unto John Arthur Clerke Thomas Bromefield of London Esq[uire] and Lawrence Marsh of Darking in the County of Surrey Esq[uire] certaine Tythes and Lands parcell of the Mannour and Parsonage of Kirkham in the County of Lancaster and by severall other Indentures did lease and demise unto severall other persons many other parts and portions of the [said (fn. 2) ] Parsonage of Kirkham (which had long beene in the tenure or occupation of Thomas Clifton Esq[uire] and his Auncesters by severall successive Leases under the Abbot and Covent of Vale Royall and the Colledge of Christ Church aforesaid respectively) for severall termes of yeares yet unexpired: Be it enacted and ordained That Thomas Clifton now of Litham in the County of Lancaster Esquire his Executors and Administrators (paying the severall and respective Rents reserved unto the said Colledge, and secureing unto the said John Arthur [Thomas Bromefeild and Lawrence Marsh or the Survivours or Survivour of them or the Executor or Executors of the Survivour of them for the uses in the said Lease expressed and not otherwise (fn. 3) ] out of the Premisses the yearely summe of fower hundred pounds to be paid halfe yearely by equall portions for the terme of eleaven yeares next ensueing, and reimbursing unto the said severall other Lessees respectively or their respective Assignes soe much money as was by them respectively and truely paid for their respective Fines) shall [and (fn. 4) ] have and enjoy the said severall demised premisses for the residue of the said severall termes of yeares yet to come as if the said severall Leases made unto them the said John Arthur Thomas Bromfield and Lawrence Marsh, and unto the said severall other persons as aforesaid had beene legally made unto the said Thomas Clifton by a lawfull Deane and Chapter This Act or any other thing to the contrary notwithstanding.
VII. College Officers relieved in nothing but in want of Ordination.
Provided alwayes That this Act or any thing therein contained shall not extend to confirme the Election of any Head Fellow [Scholler or (fn. 2) ] Chaplaine of any Colledge or Hall in either of the Universities that upon any other ground besides the want of Episcopall Ordination is or was not capable of being elected into such place or place by the Statutes of the said Colledge or Hall into which he or they were chosen.
VIII. Proviso for Presentees under Letters Patent.
Provided alsoe That this Act or any thing therein contained shall not extend to prejudice the Title of any person or persons who by Letters Patents under the Great Seale since the first day of May and before the twenty sixth of August One thousand six hundred and sixty have obtained from his Majestie any Grant of any Deanery Headship of any House Rectorship of any Colledge Canons place Prebendary Fellowship or Schollership within either of the Universities or the Colledges of Eaton Westminster or Winchester but that all and every the said Grants and Letters Patents shall be of such and noe other force and effect as the same should have beene if this Act had not beene made Any thing in this Act contained to the contrary notwithstanding.
IX. Exception of certain Leases of Lands, &c. of Hospital of St. Katherine in Ledbury.
Provided alsoe that this Act or any thing therein contained shall not extend to confirme any Lease or Estate made by John Tombes Clerke of any Lands Tenements or Hereditaments belonging to the Hospitall of St Katherins in Ledbury in the County of Hereford to any of the Children of him the said John Tombs or to any other person or persons in Trust for him or them or any of them.
X. Exception of Leases of the Possessions of the Master of the Rolls.
[Provided alwayes and be it Enacted by the Authoritie aforesaid That neither this Act nor any thing therein contained shall in any wise extend to confirme or make good any Lease or Leases made by William Lenthall pretended Warden of the House of Converts belonging to the Master of the Rolls since the thirtyeth day of January One thousand six hundred forty and two of any Houses or Tenements thereto belonging to the prejudice of John Lord Culpeper his Successors Lessees or Assignes the said Lord Culpeper paying or reimbursing unto the said Lessee or Lessees of such Houses or Tenements such moneyes as they or any of them have paid with Interest for the same he or they discounting for the meane proffits thereof (fn. 3) ]
XI. Exception of Wm. Hooke as to the Mastership of the Savoy, and of Leases of the Lands, &c. thereof.
[Provided alwayes That neither this Act nor any thing therein contained shall extend to confirme William Hooke in the Mastership of the Kings Majesties Hospitall of the Savoy nor to confirme or make good any Lease of any Lands or Tenements [belonging (fn. 2) ] to the said Hospitall made betweene the thirtyeth day of January in the yeare of our Lord One thousand six hundred forty eight and the first day of June One thousand six hundred and sixty the Master of the said Hospitall for the time being allowing and reimbursing to all such Lessees all such summe or summes of money as they or any of them paid to the then Master of the said Hospitall by way of Fine at the time of such Lease makeing and Interest for the same, and the said Lessees and every of them discounting for the meane proffitts of the same. (fn. 5) ]
XII. Exception of Leases, &c. of certain Rectories, &c. in the Possession of the late Marquis of Worcester, by the late Dean and Canons of Christ Church.
[Provided alwayes and be it enacted by the Authoritie aforesaid That this Act or any thing therin contained shall not extend to confirme or make good any Lease or Grant made or mentioned to be made to any person or persons by John Owen late Deane and others Cannons or pretended Deane and Canons of the Colledge of Christ Church in the University of Oxford or by any of them of any the Rectories Tythes or Gleabe Lands of Hampton Wickenford Badsey Aldington Uffenham South Litleton North Litleton and Midle Litleton in the County of Worcester heretofore the possessions of Henry late Marquesse of Worcester and Dame Anne his Wife or either of them, and wherof the said Henry was dispossest for his Alleigiance and Loyalty to his late Majestie of blessed Memory, but that the Executor or Administrator of the said Henry shall and may be admitted to renew the Leases of the said Tythes for such terme or termes as the said Deane and Chapter of Christ Church are by Law enabled to grant the same, the said Executors or Administrators satisfieing and reimbursing to such person or persons all such summe [or (fn. 6) ] summes of money as he or they have paid for the said Lease or Leases by way of Fine with Interest for the same the said person or persons discounting to the said Executors or Administrators for the meane Proffits received therupon (fn. 5) ]
XIII. Exception of Leases, if not good had they been made by lawful Lessors.
[Provided alsoe That this Act or any thing therein contained shall not extend to confirme or make good any Lease Leases or Estate made by any pretended Deane and Chapter Master or Head of any Colledge or Hall in either of the Universities or of any pretended Master or Governours of any Hospitall which said Lease Leases or Estate had not beene good or effectuall in Law had they beene made by a Lawfull Deane and Chapter Master Head or Governour of any Colledge Hall or Hospitall aforesaid, This Act or any thing herein contained to the contrary notwithstanding. (fn. 5) ]
XIV. Exception of Leases of the Rectories of Arrington and Soham, late of Thomas Chicheley.
[Provided alsoe that this Act or any thing herein contained shall not extend to confirme or make good any Lease or Leases of the Rectory or Parsonage of Arrington in the County of Cambridge which hath long beene in the tenure and occupation of Thomas Chichley Esq[uire] and his Auncestors by severall successive Leases from the Master and Fellowes of Trinity Colledge in Cambridge, nor shall confirme or make good any Lease or Leases of the Rectory or Parsonage of Soham in the said County of Cambridge which hath likewise beene and still is in the occupation and possession of the said Thomas Chicheley by Lease from the Master and Fellowes of Pembrooke Hall in Cambridge but that the said Thomas Chichley (paying and reimbursing the severall and respective Tennants or Lessees the severall and respective summes of money by them severally and respectively paid to the said Colledge and Hall for or in the name of any Fine or Fines for the makeing or granting such new Lease or Leases with Interest discounting such Rents [or (fn. 6) ] Proffitts as by them respectively have beene taken or received out of the Premisses) shall be restored to his said auntient Possessions, and the said Colledge and Hall respectively shall be enabled to lease the said severall Rectories and Parsonages with their respective Appurtenances unto the said Thomas Chichley This Act or any thing herein contained to the contrary thereof in any wise notwithstanding. (fn. 5) ]
XV. Exception of Persons ejected who were elected illegally.
[Provided alwayes That neither this Act nor any thing therein contained shall extend to restore any person or persons to any Headshipp Fellowship or Scholership of any Colledge or Hall or to any Chaplains or Clerks place in any Colledge or Hall in either of the Universities or to any Lecture or Readers place that is or shall be before the first day of January One thousand six hundred and sixty ejected out of their respective Headship Fellowship Schollership Chaplaine or Clerks place or out of any Lecture in the said Universityes by his Majestyes Co[m]missioners under the Great Seale for not haveing beene legally and according to the severall Statutes of the said respective severall places nominated elected or admitted in or to the same, Any thing in this Act contained to the contrary notwithstanding. (fn. 5) ]