Statutes of the Realm: Volume 5, 1628-80. Originally published by Great Britain Record Commission, s.l, 1819.
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Lordships and Manors of Bromfield and Yale forfeited to the Crown.
Inheritance of the Tenants questioned by the Crown.; Commission of Survey, 4 Eliz.; Composition between the Crown and the Tenants.; Surrender by the Tenants to the Crown.; Leases thereupon from the Crown to the Tenants.; The aforesaid Composition questioned, and Proceedings thereon in Exchequer Chamber whereby the said Composition was confirmed.; Grant to the King, then Prince of Wales, of the said Lordships, &c. by Letters Patent 18 Feb. 14. Jac. I.
In most humble manner doe beseech your most Excellent Majestie your true and loyall Subjects the Tenants of the Lordshipps of Bromfeild and Yale in your Highnes Countie of Denbigh, That whereas the Lordshipps and Mannors of Bromfeild and Yale within the Countie of Denbigh in or about the tenth yeare of the Raigne of King Henry the seaventh were forfeited and came to the Crowne of England by the attainder of Sir William Stanley Knight, Before which time the Tennants of the said Lordshipps or Mannors had tyme out of minde of man held and enjoyed divers Messuages Lands Tenements and Hereditaments being part and parcell of the said Lordshipps and Mannors clayming to hold the same to them and their heires by Coppie of Court Rolle and to have therein a customarie estate of inheritance by and under certaine yearelie Rents Customes and Services, And the said Messuages Lands Tenements and Hereditaments then were and by all the time aforesaid had bene by the Custome of the said Mannors discendable unto the heires of every such Tenant and the Widowes of such Tenants were therein endowable and endowed for terme of their lives as of lands of inheritance. And likewise from and after the said forfeiture and after such co[m]ming of the said Lordshipps and Mannors unto the Crowne, the said Tenants in like sort and manner claymed and peaceablie and quietlie held and enjoyed their Messuages Landes Tenements and Hereditaments so holden of the said Lordshipps or Mannors to them and their Heires by Coppie of Court Rolle without any question suite eviccion or interrupcion untill about the begynning of the Raigne of the late Queene Elizabeth of famous memorie. Att or about which tyme the said estates of the Tenantsof the said Lordshipps or Mannors were on the behalfe of the said late Queene questioned and p[re]tended not to be estates of Inheritance, and besides the said Tenants in generall were questioned for and concerning a certaine yearelie Rent of one hundred and five pounds within the said Lordshipps p[re]tended and alleadged to have bene therein withdrawne and decayed within the time incurred from and after the Raigne of King Edward the third or thereabouts, And thereuppon a Co[m]mission issued in the fourth yeare of the Raigne of the said late Queene for surveying of the said Lordshipps and Mannors and reviving of the said rent, uppon which Co[m]mission although it could not be discovered by any matter of record or otherwise which of the said Messuages Lands or Tenements were liable or chargeable to or with the said yearelie rent of one hundred and five pounds soe p[re]tended to have bene decayed, yet by p[er]swasion [of1] the then Co[m]missioners a Composic[i]on was then had and made by and betweene the said Co[m]missioners on the behalfe of the said late Queene and the said Tenants That they the said Tenants should surrender and relinquish their said Customary Estates of Inheritance and revive the said decayed Rent of one hundred and five pounds Annu[m] and also pay unto the said late Queene for a Fine the so[m]me of eight hundred pounds of lawfull mony of England, And that for and in consideration thereof the said Tenants their Heires and Assignes should have good firme and p[re]petuall Estates in their said Messuages Lands Tenements and Hereditaments by Leases successivelie to be made unto them from forty yeeres to forty yeeres for ever. In pursuance and p[er]formance of which agreement and Composic[i]on the said Tenants did relinquish and surrender their said Customarie Estates of Inheritance charged their said Messuages Lands and Tenements with the said Rent of one hundred and five pounds p[er] Annu[m] which hath ever sithence been accordinglie payd, and paid to the said late Queene the said Fine of eight hundred pounds, And severall Leases were thereuppon alsoe made unto the said Tenants from the said late Queene of their said severall and respective Messuages Lands Tenements and Hereditaments for fortie yeares with a Coventants from the said late Queene in every of the said Leases conteyned for the renewing of the same Leases from time to time uppon expiracion surrender or otherwise for like Terme and Rent, paying onelie two yeares old Rent for a Fine for such new Lease, And the said Agreement and Composicion was firmelie and inviolablie holden and kept during the reigne of the said late Queene: and howsoever as well during that time as in the beginning of the raigne of our late Soveraigne Lord King James of famous memorie the said Composicion were questioned and sought to be impeached by some who had obtayned Graunts of part of the said Mannors uppon p[re]tence that the said Covenant did not binde the Crowne yet uppon severall Suits thereuppon in His Majesties Court of Exchequer Chamber severall Decrees were there had and made, whereby the said Composicion was ratified and confirmed and the said Covenant holden and decreed to be reall and to binde the Crowne and all others clayming any Estate in the said Lordshipps or Mannors from or under the Crowne whereby the said estate of the Tenants aforesaid were againe setled in peace and quiett and so by them holden and enjoyed and new Leases were from time to time made unto the said Tenants by and from the said late King according to the Composicion aforesaid untill the said late King in and by his Highnes Letters Patents sealed with the Great Seale of England bearing date at Westminster the eighteenth day of Februarie in the fourteenth yeere of his said late Majesties raigne of England did give and graunte unto your Majestie being then Prince of Wales amongest other things the said Lordshipps Mannors Lands and Tenements of Bromfeild and Yale. To have and to hold to your Majestie being Prince and to your Heires Kings of England in augmentacion and increase of the lands and possessions of the principalitie of Wales and of your Highnes being Prince, and by the said l[ia]res Patents did unite and annex the said Lordshipps and Mannors, and willed and declared the same to be united and annexed to the said Principalitie.
The aforesaid Composition again questioned.; Agreement and Composition by the Tenants for Estates to them from the Prince of Wales for £10,000.
After which time that is to saie in or about the twentith yeare of the said late Kings raigne the said Composicion and agreement so as aforesaid made in the fourth yeere of the raigne of the said late Queene was againe questioned by the Co[m]missioners of the Revenue of your Majestie then Prince of Wales so as the said Tenants could not obtaine any new Leases of the p[re]misses to be made unto them for the Termes and under the Covenants and Agreements contayned in the said Composicion nor for any longer Terme then onelie for three lives or one and thirtie yeares, and that also for an Arbitrarie Fine to be paid for such Leases and uppon the said Tenants refusall so to accept the same, some of their Lands after the expiracion of their Leases were by your Majesties said Co[m]missioners graunted and passed away to others whereby much trouble and suite was like to have ensued. For p[re]vencion whereof the said Tenants at length compounded with the said Co[m]missioners and agreed to give and pay unto your Majestie then Prince of Wales the so[m]me of Ten thousand pounds or thereaboutsfor estates to be made unto them and their Heires of and in their severall Lands and Tenements to be holden in Fee Farme by and under the Rents and Services formerlie reserved due or payable for the same For which said great so[m]me of mony the said Tenants have no other benefitt then onelie the quieting and setling of their Estates and a discharge of the foresaid Fine of Two yeares old rent payable uppon the new taking of any Lease of the p[re]misses, which by the expiracion of the said Leases by effluxion of time was to be payable but once in forty yeares there being uppon the said last mencioned Composicion reserved unto your Majestie your Heires and Successors all other rents and services whatsoever formerlie due or payable for the same.
Performance and Execution of such Agreement and Composition secured by Letters Patent; Tenor thereof.
And for the better p[er]formance and execucion of the said last mencioned composicion and to the end that there might be there uppon a firme and sure estate in Fee Farme made unto the said Tenants of their severall and respective Lands and Tenements your Majestie then Prince of Wales by your Highnes al[ia]sres Patents under your then great Seale bearing date the fourth day of Januarie in the two and twentith yeere of his said late Majesties raigne of England Did give graunt and surrender back the said Lordshipps Mannors and other the p[re]misses to the said late King as in and by the said l[ia]res Patents relacion being thereunto had more plainelie appeareth. And afterwards in further pursuance and execucion of the said last mencioned Composicion at the request and nominacion of your Majestie then Prince of Wales the said late Kings Majestie by his Highnes lal[ia]sres Patents bearing date at Westminster the seaven and twentith day of Januarie in the two and twentith yeare of his said Raigne of England for the consideracions in the same l[ir]res Patents mencioned Did give and graunte unto Sir Henrie Hobarte Knight and Baronett late cheife Justice of the Co[m]mon Pleas and then your Highnes Chauncellor Sir James Fullerton Knight then Master of your Highnes Wards and Liveries Sir John Walter Knight then your Highnes Attorny generall and now Cheife Baron of your Majesties Court of Exchequer and Sir Thomas Trevor Knight then your Highnes Sollicitor generall and now one of the Barons of your Majesties said Court of Exchequer the said Lordshipps Mannors Towneshipps Lands and Tenements of Bromfeild and Yale in the said Countie of Denbigh with all and singuler the rights members and Appurtenances thereof. To have and to hold the same unto the said Sir Henry Hobart Sir James Fullerton Sir John Walter and Sir Thomas Trevor and their heires and assignes, To be holden of the said late King his heires and successors as of the Mannor of Eastgreenwich in the Countie of Kent by Fealtie onelie in free and co[m]mon Soccage and not in Capite nor by Knights service And to the end that the said Lands Tenements and Hereditaments might be the better assured and conveyed unto your said Subjects according to the purport and true meaning of the said last mencioned Composicion, our said late Soveraigne Lord in and by the said lal[ia]s res patents Did give and graunt unto the said Patentees and their heires and assignes full free lawfull and absolute power and authoritie without ympeachment from time to time. To give graunt or alien all and singuler the p[re]misses or any part thereof parcell of the said Lordshipps and Mannors as much as should seeme best to the said Patentees their Heires and Assignes for the tyme being to any p[er]son or p[er]sons their Heires and Assignes in Fee Farme for such yearelie Rents and services of and uppon the same Lands Tenements and Hereditaments to be reserved as to the said Patentees their heires and assignes for the time being should seeme fitt, To be holden of the same Patentees their Heires and Assignes as of the said Lordshipps and Mannors or any of them respectivelie, whereunto the said Lands Tenements and Hereditaments so to be given graunted or aliened severallie and respectivelie did belong and appertaine in free and co[m]mon Soccage and not in Capite nor by Knights service, as in and by the said last recited lal[ia]sres Patents more at large appeareth.
The last above mentioned Letters Patent confirmed.
May it therefore please your most excellent Majestie at the humble suite and peticion of your said Subjects That it may be enacted by your Majestie by and with the assent of the Lords Spirituall and Temporall and the Co[m]mons in this p[re]sent Parliament assembled, And be it enacted by the authoritie of the same, That the said l[ia]res Patents before recited to be made to the said Sir Henry Hobart Sir James Fullerton Sir John Walter and Sir Thomas Trevor and their Heires and every Guift Graunt Power Authoritie Clause Article and Sentence therein contayned shalbe ratified and confirmed by the Authoritie of this p[re]sent Parliament and shall for ever hereafter be and remaine and shall be reputed taken and adjudged to be and to have been good p[er]fect and effectuall in the Law for all things therein contayned according to the true intent and meaning of the same. The annexacion and uniting of the said p[re]misses to the said Principalitie of Wales by the said first recited lal[ia]sres Patents or any thing Clause or Sentence in the said lal[ia]sres Patents mencioned or contayned or any other matter causeor thing whatsoever to the contrary thereof in any wise notwithstanding.
Former Grants, &c. and Grants to be made within Two Years by Patentees confirmed.
And be it likewise enacted by the authoritie aforesaid, That all Guifts Graunts and Alienacions alreadie made or at any time within two yeares now next ensuing to be made by the said Patentees or the Survivor or Survivors of them or by the Heires or Assignes of them or the Survivor of them of any Lands Tenements or Hereditaments in the said l[ia]res Patents comprised and all Tenures Rents and Services reserved by or uppon the same Guifts Graunts and Alienacions and every of them, So that the Rents and Services formerlie due or payable for the same be thereuppon reserved shalbe ratified and confirmed by the Authoritie of this p[re]sent Parliament and shalbe and remaine and shalbe reputed taken and adjudged to be good p[er]fect and effectuall in the Law for all things therein contayned according to the true intent and meaning of the same and of the said lal[ia]sres Patents made and graunted to the said Sir Henry Hobart Sir James Fullerton Sir John Walter and Sir Thomas Trevor and their Heires, The annexacion and uniting of the said Lordshipps Mannors Lands and Tenements of Bromfeild and Yale with the Appurtenancs to the said Principalitie of Wales or any other matter cause or thing whatsoever to the contrary thereof in anywise notwithstanding, And that all and every p[er]son and p[er]sons to whome any such Guift Graunt or Alienacion hath bene or within the tyme aforesaid shalbe made and his and their Heires and Assignes shall and may have hold and for ever enjoy the Lands Tenements and Hereditaments so to him or them given graunted or aliened as is aforesaid under and uppon the severall Rents and Services thereby reserved or to be reserved and according to the intent and true meaning of the said Guifts Graunts and Alienacions without any Impeachment Let or Disturbance of or by your Highnes your Heires or Successors or of or by the said Patentees their Heires or Assignes or any of them or of or by anie p[er]son or p[er]sons lawfullie clayming by from or under your Majestie or the said Patentees or any of them.
General Saving other than to the King and the Patentees.
Saving neverthelesse to all and every p[er]son and p[er]sons bodies Pollitique and Corporate their Heires and Successors Executors and Administrators and every of them other then your most excellent Majestie your Heires and Successors and other then the said Patentees their Heires and Assignes all such Estats Possessions Right Entryes Condicions Titles and Demaunds whatsoever as they or anie of them had shall may or ought to have of in to or out of the said Mannors Lands Tenements and p[re]misses or any of them in such and the same Estate degree manner and forme to all intents and purposes as if this Act had not bene made.