Statutes of the Realm: Volume 5, 1628-80. Originally published by Great Britain Record Commission, s.l, 1819.
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Recital that Advantages should be granted to Purchasers of Fee Farm Rents, &c.
Grant of Fee-farm Rents, Rent Service, Chantry Rents, &c. to Trustees for Sale; except Quit Rents, Copyhold Rents, Tenths, First Fruits, &c.; and except Rents incident to Reversions in the Crown, &c.; Letters Patents granted by the King of certain Rents before the 24th June 1672, (Exception) confirmed.; The said Letters Patent to be expounded most beneficially for the Patentees.; Proviso for Misnamings, Misrecitals, &c.; and for any other Defect.
Whereas his Majestie is seised of severall Fee Farme Rents and other Rents in Right of his Crowne; some whereof are Parcell of his Highnesse Dutchy of Cornwall, and is alsoe seised of severall Fee Farme Rents and other Rents in Right of his [Highnesse (fn. 1) ] Dutchy of Lancaster. And whereas it is convenient that some speciall Priviledges and Advantages should be granted unto the Purchasers, which cannot well bee transferred unto them without Authority of Parlyament. And whereas the better to enable his Majestie to pay such Debts oweing at Interest, whereof his Majestie shall finde Reason to hasten the Discharge, his Majestie is minded to grant and convey to certaine Persons and their Heires and Assignes for ever as Trustees for Sale thereof diverse Fee-Farme Rents, Rents Service, Rents Secke, or Dry Rents, Chauntry Rents, Rents reserved, Guild Rents, Pensions, Vicontiel Rents; Assart-Rents, Rents for Purprestures arented, Rents certaine or diverse other Rents of what Nature or Kinde soe ever they be due and payable to his Majestie his Heires and Successors as his Majestie shall thinke fitt to mention and expresse in the said Letters Patents, whether the same be due to his Majestie in Right of his Crowne of England, or in Right of his Dutchy of Lancaster, or be Parcell of, or annexed unto the Dutchy of Cornwall, except & alwayes reserved and foreprized out of such Letters Patents all Quitt Rents and Copyhold Rents standing in Charge as Parcell of, or belonging to any Mannour or reputed Mannour, and alsoe all Tenthes and First-Fruites and Rents reserved nomine Decime due and payable by any Archbishop, Bishop, Deane, Deane and Chapter, Archdeacon, Prebendary, Parson, Vicar, or any other Spirituall or Ecclesiasticall Corporation. And alsoe all Rents reserved upon any Leases or Estates whereof the Reversion is now in his Majestie, and which are incident to such Reversion, and alsoe all Rents reserved upon any Lease or Farme made or granted, or to be made or granted of his Majestyes Customes or Excise. And alsoe except all Rents or Summes of Money due and payable to his Majestie his Heires and Successors for or in respect of any Fire-Hearthes or Stoves. Bee it therefore enacted by the Kings most excellent Majestie with the Advice and Assent of the Lords Spirituall and Temporall and Commons in this present Parlyament assembled and by authoritie of the same That all and every Letters Patents to be granted by his Majestie before the fower and twentyeth Day of June in the Yeare of our Lord one thousand six hundred seaventy two under his Great Seale, or under the Seale of his Dutchy of Lancaster, or under the Seale of the County Palatine of Lancaster of all or any of the Rents aforesaid (except before excepted) shall be and are hereby declared and enacted to be good, sufficient and effectuall in the Law for the granting and assureing the severall Rents aforesaid or any of them (except before excepted) and for vesting the same in such Persons and their Heires as shall be therein nominated as Trustees for the Sale thereof against his Majestie his Heires and Successors, and against the Dukes of Cornwall for the Time being, and against all Person and Persons that shall have or inherite or enjoy the Dukedome of Cornwall by Force of any Act of Parlyament or other Limitation whatsoever according to the Tenour and Effect of the said Letters Patents, and the same shall be expounded, construed, deemed and adjudged most beneficially for the Patentees and Grantees of the same: and their Heires, Successors, Executors Administrators and Assignes according [to (fn. 2) ] the Words and Purporte of the said Letters Patents without any Confirmation, Licence or Toleration of his Majestie his Heires or Successors any misnameing misrecitall or non recitall of any the Honours, Mannours, Castles, Lands, Tenements or Hereditaments subject and lyeable to, or charged with the Payment of such Rents, or any Mis-recitall or Non-recitall of any Estate taile formerly made, or of the Reversion thereupon expectant, or any misnameing or not true nameing of the Townes, Hamblets, Parishes or Countyes where the same Honours, Mannours, Lands, Tenements or Hereditaments charged or chargeable with the said Rents doe lye, or any lacke of the true nameing of the Corporation, or any lacke of Attornment, or any misnameing or not nameing of any of the Tenants or Farmers of the Lands charged or chargeable with such Rents or any Part thereof to the contrary notwithstanding. And notwithstanding any other Defect or Imperfection which shall happen therein of what Nature or Kinde soever it shall be. And the said Rents soe to be granted shall be afterwards conveyed and disposed by the said Patentees and Trustees according to the Directions and Instructions herein after mentioned.
II. Patentees and Trustees may sell the same Rents to any Purchaser by Indenture of Bargain and Sale enrolled.
Such Rents how to be described and conveyed in Deeds.
And bee it further enacted by the Authoritie aforesaid That the said Patentees and Trustees and the Survivours and Survivour of them shall make and execute to all and every Person and Persons Bodyes Pollitique and Corporate their Heires Successors and Assignes who shall become Purchaser or Purchasers of the said Rents or of any Part thereof an Indenture [or Indentures (fn. 3) ] of Bargaine and Sale which shall be inrolled in any of the Fower Courts at Westminster within six Monethes after the Date thereof, and shall containe a Conveyance and Assurance of the Rents soe purchased, and transferr the same by Words of Bargaine and Sale, or by Words of Grant, Release or Confirmation, or by such other apt Words and Clauses as by the said Purchaser or Purchasers their Heires Successors or Assignes shall be reasonably devised or required and shall be thought most suitable and convenient to and for the severall Cases and Titles of such Purchaser or Purchasers respectively, and such Conveyance or Assurance shall alsoe recite the Consideration in Money paid or given, and thereof and of every Part and Parcell thereof shall acquitt, exonerate and discharge the said Purchaser or Purchasers his and their Heires Executors Successors and Assignes.
III. Purchasers by virtue of such Deed peaceably to enjoy against all Claims as herein mentioned;
And bee it further declared and enacted by the Authoritie aforesaid That all and every Person and Persons Bodyes Pollitique and Corporate his and their Heires Successors and Assignes haveing and takeing any such Conveyance and Assurance as aforesaid and causeing the same to be inrolled as aforesaid within the Space of six Moneths next after the Date thereof shall be, and is hereby adjudged in actuall Seisin and Possession of the Rents soe purchased and conveyed and shall hold and enjoy the same in perfect Peace freed and discharged of and from all Claimes and Demands which can or may be made by his Majestie his Heires or Successors either in Right of his Crowne, or any the Dutchyes aforesaid or otherwise howsoever, or by any Dukes of Cornwall for the Time being, or by any Person or Persons that shall have, inherite or enjoy the Dukedome of Cornwall by force of any Act of Parlyament or other Limitation whatsoever, and alsoe freed and discharged of and from any Breach of Trust, which can or may be pretended to be committed by the said Trustees in not strictly pursueing the Powers given by this Act or the Instructions herein after mentioned or any other Instructions whatsoever, or the Orders to them directed at the Time of the makeing and executeing such Conveyance, and shall alsoe holde and enjoy all and every the Rents soe purchased as fully freely and amply as his Majestie at the Time of the passeing of this Act did or might have held or enjoyed the same.
IV. And to sue for and recover the same as His Majesty might have done.
Except by Prerogative Process.
And bee it further enacted That all and every Person and Persons Bodyes Pollitique and Corporate who shall purchase any of the said Rents and their and every of their Heires Successors and Assignes respectively shall be and are hereby enabled to have, sue for, and recover the same by such and the like lawfull Wayes and Meanes as his Majestie or any of his Royall Progenitors could or might have recovered the same bee it by distraining in all or any of the Lands of the Tenant or Tenants for the Time being that shall hold any Lands charged with the said Rent, or by haveing Power to detaine or sell all such Distresses after the space of fifteene Dayes after such Distresse taken in case the said Rent shall not be then or before paid returning the Overplus of what shall be soe sould to the Partie destrained, or by haveing the full Benefit and Advantage of all Summes of Money reserved nomine Pene, or as a Penaltie for Non-payment of the said Rent, or by useing the like. Action or Suite as his Majestie might have used for the Recovery of the same before such Patent granted, soe as the same extend not to any such Processe of Extent, or other Prerogative Processe out of the Court of Exchequer as his Majestie might have had before such Patent granted.
V. Recital that divers Patents of Manors, &c. have been granted upon Commissions of defective Titles, &c. whereupon Rents have been reserved although nothing passed.
Fee-farm and other Rents not paid for Forty Years last past, not to be inserted in Patents to be hereafter made; ; and Tenant may hold the Land discharged in Cases herein mentioned.; If Letters Patent of Manors, Lands, &c. heretofore granted, on which Rents so sold have been reserved, shall be cancelled, and so return to the Crown, the Purchasers may hold as against the Crown and others in manner herein mentioned.
And forasmuch as upon diverse Commissions of defective Titles, Inquisitions or Suggestions of Concealments diverse Patents have formerly passed the Greate Seale of England, or under the Seale of the Dutchy of Lancaster, or under the Seale of the County Palatine of Lancaster of diverse Mannours Lands Tenements and Hereditaments whereupon diverse Fee Farme Rents or other Rents have beene reserved, and sometimes putt in Charge where in trueth noe thing hath passed by the said Letters Patents, nor have the Mannours Lands and Tenements Libertyes or Hereditaments mentioned to have beene granted, beene enjoyed or held under the said Letters Patents but under other Titles, or by vertue of other Letters Patents whereupon other Rents are reserved. Bee it therefore enacted That such Fee Farme Rents or other Rents which have not beene usually paid by the Owners or Occupiers of the Mannours Lands or Tenements charged or mentioned to be charged therewith by the greater space of forty Yeares now last past shall not be inserted or mentioned in any such Letters Patents to be hereafter granted to Trustees as aforesaid. And further That where any Person or Persons Bodyes Pollitique or Corporate have held any Mannours Lands Tenements or Hereditaments subject to the Payment of any Fee Farme Rent or other Rent which hath beene usually paid or answered by the Owners or Occupiers of such Lands soe charged, and that by Colour or Pretence of some Patent of Concealement, or by Pretence of Commissioners for defective Titles passed of the same Lands some other or greater Rent hath beene reserved or putt in Charge, but the same hath not beene usually answered or paid by the Owners or Occupiers of the said Lands by the greater Space of forty Yeares before mentioned That then and in such Case the Tennant of the Lands shall hold the same discharged of the said Rent soe reserved by vertue of the said Patent of Concealement or by Commission of defective Titles, and alsoe discharged of all Seisures and Distresses for the same untill the same shall have beene recovered by due Course and Proceedings of Law; And if any Letters Patents of any Mannours, Lands, Tenements or Hereditaments have beene heretofore granted whereupon any Fee Farme Rents or other Rents have beene reserved which at any time after the passing of this Act shall be sould to any Purchaser or Purchasers, if such Letters Patents wherupon such Rents soe sould have beene reserved shall at any time hereafter be adnulled, defeated, repealed, cancelled, avoided or otherwise determined whereby the Lands shall returne to his Majesty his Heires or Successors, then and in every such Case all and every the Purchaser and Purchasers of such Rents their Heires Successors and Assignes shall have and receive out of the same Lands, Tenements and Hereditaments the like Rent, and for the like Estate therein with that which was by them soe purchased and shall enjoy such like Rent dureing such Estate against his Majestie his Heires and Successors, and against all Persons Bodyes Pollitique and Corporate claimeing by from or under his Majestie his Heires and Successors by any Grant or Conveyance made or granted by his Majestie his Heires or Successors subsequent to such Purchase made and shall have like Remedy for recovery thereof (any such adnulling, defeateing, repeale, cancelling, Avoidance or other Determination of such Letters Patents to the contrary notwithstanding)
VI. Recital that divers Fee-farmers before the 23d Oct. 1642, and since the 29th May 1660, have been discharged, their Discharges confirmed.
Proviso for the Queen and others.; Exception of Dukes of Cornwall.
And whereas by certaine Covenants or Agreements on the Kings Part contained in the originall Reservation of some of the said Fee Farme Rents or by the true Intent thereof, or by some Decrees in the Court of Augmentation or Exchequer made before the three and twentyeth Day of October in the Yeare of our Lord one thousand six hundred forty and two, or since the nine and twentyeth Day of May in the Yeare of our Lord one thousand six hundred and sixty diverse Fee-Farmers were to be discharged, and Allowances to be made of diverse Pensions, Portions, Rents Resolute or other Things of the like Nature, and the Charge thereof hath beene since allowed by his Majestie out of the said Fee Farme Rents upon the Accompts of Bayliffes Ministers and Receivers; it is hereby provided and declared That this Act or any Thing herein contained shall not be construed to annull or avoid any such Covenants or Decrees, but that the same shall be allowed against the said Purchaser or Purchasers as it should have beene against his Majestie his Heires and Successors if the Letters Patents or Grants of such Fee Farme Rents hereby intended to be confirmed had not beene made; Saveing unto the Queenes Majestie and to all and every other Person and Persons Bodyes Pollitique and Corporate their Heires and Successors and every of them (other then the Kings Majestie his Heires and Successors, and other then the Dukes of Cornwall for the Time being, and other then such Person as shall have, inherite or enjoy the said Dukedome of Cornwall by force of any Act of Parlyament or other Limitation whatsoever) all such Right, Title and Interest, Possession, Leases or Estates as they or any of them had or should or might have, or of right ought to have had in or to the said Rents or any of them, or any of the Lands charged or chargeable with them or any of them as fully and amply as they should or might have had before the Letters Patents thereof made as if this Act had never beene had or made; Any Thing herein before contained to the contrary notwithstanding.
VII. Bodies Corporate may bay and enjoy Rents notwithstanding the Statutes of Mortmain.
And bee it further enacted That it shall and may be lawfull to and for any Bodyes Pollitique or Corporate to purchase any the Fee Farme Rents or other Rents soe to be conveyed as aforesaid, and the same Rents soe purchased to retaine and keepe to them and their Successors; Any Statutes of Mortmaine to the contrary notwithstanding.
VIII. Proviso for certain Rents arising in the Principality of Wales.
( (fn. 4) ) Provided alwayes That neither this Act nor any Thing therein contained, shall extend or be construed to extend to the Sale of any the Fee Farme Rents, Tenths Chauntry Rents, Rents Secke or any dry or other Rents whatsoever due or payable to his Majestie, or the Prince of Wales for the time being, issueing or ariseing within the Principality & Dominion of Wales; This Act or any Thing therein contained to the contrary in any wise notwithstanding.
Instructions enacted to be observed in the Sale of Fee-Farme Rents; yet soe as the Breach or Non pursuance of these Instructions shall not invalidate or weaken the Title of any Purchaser.
Contracts to be signed by Treasurer.
1. All Contracts touching the Sale of any Fee Farme Rents or other Rents before mentioned shall be signed by the Lord Treasurer or Lords Commissioners of the Treasury for the Time being or any two of them.
Trustees to convey.
2. The Trustees shall convey to such Persons as by Order from the Lord Treasurer or Lords Commissioners of the Treasury or any two of them they shall be directed.
Purchase Money how to be paid.
3. Every Contractor shall at or before the Time of the sealeing of his Conveyance pay downe one Moyty at least of his Purchase; Money into the Exchequer, and shall alsoe before he shall receive his Deed of Conveyance give Security such as the Lord Treasurer or Lords Commissioners of the Treasury shall approve for the Payment of the second Moyty at the time appointed.
Allowance on prompt Payment.
4. Such Contractors as will pay downe their whole Purchase Money shall receive such Allowance for their present Payment of their second Moyty as shall be thought fitt, soe as the same exceede not the Rate of ten per Cent.
Tenants contracting within Six Months to be preferred in point of Purchase.
5. The immediate Tennant lyable to the Payment of any Rent shall be preferred in the Purchase of it before any other, soe as such immediate Tennant tender himselfe to the Lord Treasurer or Lords Commissioner of the Treasury to contract within six Moneths after the passing of the said Patent and Notice thereof published by his Majestyes Proclamation, and perfect his Contract, and pay or secure his Money, as aforesaid, within six Moneths after, at such Rate as shall be agreed not exceeding twenty Yeares Purchase.
6. If the immediate Tennant or some on his Behalfe doe not tender and perfect his Contract as in the last precedent Article, all Benefit of Preference, or Preemption is to be lost.
Conveyance to whom made.
7. The Purchaser may have his Conveyance in the Names of any Person or Persons he shall desire.
Proviso respecting Incumbrances.
8. If any Fee Farme Rent or other Rent be subject to, or charged with any Payment or other Incumbrance, Consideration shall be had of it at the Time of the Contract, and a Reprize allowed for it accordingly, and where such Reprize is allowed, the Purchaser is to convenant to take upon him such Incumbrance soe reprized.
Trustees to hold for the Crown until Sale.
9. The Trustees are to hold the Rents conveyed to them for the Benefit of his Majestie his Heires and Successors until Sale.
Trustees to convenant against Incumbrances by them.
10. The Trustees in all Conveyances to be made by them shall covenant with the Purchasers in usuall For Forme to free the Premisses and save the Purchaser harmelesse from any Act done or suffered by them, which may any way incumber the Premisses.
IX. Proviso for Fee-farmers of Mills formerly belonging to the Crown.
[Provided alwayes, and bee it further enacted by the Authoritie aforesaid That all Fee-farmers of any Mills formerly belonging to the Crowne, or Parcell of his Majestie Dutchy of Lancaster shall have the Protection and Privilledge of his Majestyes Courts of Exchequer and Dutchy of Lancaster and all Suites to Mill and Aides of the said Courts, and enjoy all other former Priviledges and Advantages notwithstanding the Sale of the said Fee-farme Rents issueing out of the said Mills to all Intents and Purposes, and in as. large and beneficiall manner as when the said Fee-farme Rents or any of them were payable to his Majestie his Heires and Successors. (fn. 4) ]
X. All Sums of Money, Rents, &c. to be allowed to maintain a School, &c. to remain as heretofore.
Trustees may convey to such Persons as they think fit for the Performance of such charitable Uses.
[Provided alwayes and bee it enacted by the Authority aforesaid That such and soe much of the said Fee Farme Rents and Premisses and such Summes of Money, Rents resolute, Pensions, Stipends, Sallaryes, Annuityes, Almes, Corodyes, Proffitts and Allowances as are due and payable, or which are chargeable upon have beene or ought to be paid or allowed to or for the Maintenance of any Grammar Schoole or Schollars, or for or towards the Reparation of any Church, Chappell, Highway, Cawsey Bridges, Schooles, Almeshouses, Castles or any other Uses, upon, out of, or for the Premisses or any of them to be setled upon Trustees according to this Act as aforesaid shall be and continue to be paid and allowed as they were and have beene heretofore. And the said Trustees are hereby authorized and required to sett out, convey and assure [to (fn. 5) ] such Person and Persons and their Heires, Bodyes Pollitique and Corporate and their Successors and Assignes as they the said Trustees shall thinke fitt in Trust for the Performance of the Uses aforesaid or any of them, such of the said Fee Farme Rents Dutyes or Summes of Money payable as aforesaid, as shall amount to any of the Summes soe charged, limitted or allowed to, or for the Uses or Purposes aforesaid. Any Thing in this Act or Instructions, to the contrary notwithstanding. And after such Conveyance the Purchasers of the Residue of the said Fee-farme Rents shall be discharged of the said Dutyes and Payments. (fn. 5) ]