Historical Collections of Private Passages of State: Volume 3, 1639-40. Originally published by D Browne, London, 1721.
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Defective Titles, 1630
By the King.
Defective Titles, May 27. 1630.
An Abstract of the several Heads and Branches for which his Majesty's Commissioners, by virtue of his Majesty's Commission of Grace, bearing Date the 23d Day of January last past, have Power to compound with such as shall desire the same.
For all Mannors, Lands, Tenements, Wastes, Commons, Tithes, arising as well without Parishes, as within Parishes, Wards, Marriages, Liberties, Privileges, and other Hereditaments, lying, being, and arising within, near, or adjoyning unto any of his Majesty's Mannors, Forests, Parks, Chases, and elsewhere, as well within the Survey of his Majesty's Exchequer, as in the Survey of the Dutchy of Lancaster, or County Palatine of Lancaster, Dutchy of Cornwal, and County Palatine of Chester, which are held and enjoyed under colour of some defective, void, or insufficient Grant, or under some Letters Patents of Concealments, or otherwise, meerly intruded upon, and usurped without any Grant thereof from his Majesty, or any of his Predecessors.
For all Mannors, Lands, Tenements, and other Hereditaments, granted Entail out of the Crown, whereof the Estate Tail is not spent, and yet the said Grants have been insufficiently granted; or which ought to have descended upon the King's Person, and yet have likewise been insufficiently granted, or whereof the Estate Tail is spent and determined, or for all Remainders or Reversions depending upon Estates Tail, except such Estates as Sir William Haydon had power to compound for.
For all Messuages and Cottages built, incroached, and made within, or adjoyning unto any City, Town, or Hamlet, or upon the Common High-ways, Streets, Passages, Lanes, Rivers, Sewers, Commons, and Wastes, and all other Encroachments, Assert Lands, Improvements, and Inclosures of Commons, Brecks, Fellets, and such other Inclosures, waste Grounds, Moors, and other Heathy Downs, inclosed, or not inclosed, being his Majesty's Inheritance, either in the right of his Crown of England, or otherwise, lying, and being within, near, or adjoining unto any of his Majesty's Mannors, Forests, Parks, Chases, or elsewhere. For all Lands, Marshes, or other Grounds (with the Tenements thereupon built) heretofore recovered or deserted from, or by the Sea, or now surrounded with Sea; or which hereafter shall or may be recovered and deserted by or from the Sea.
For all Custodies, and all Mannors, Lands, and Houses, granted, or committed (to any Corporation, or other Person or Persons, Bodies Politick or Corporate) to Custody, with all such Mannors, Lands, Tenements, and other Hereditaments formerly let by Lease, and the Leases expired, or otherwise determined, whereby the Inheritances of the said Premises do remain, and the Reversions thereof are come to the Crown, and yet, without any just Title thereunto, detained from the Crown.
For all Charters of Incorporations, which are either void or defective, with all Leases and Grants of Offices by Usurpation, by Corporations, Cities, Boroughs, and Towns, or by any other Person or Persons, which are forfeited and determined in Law, by Non-usage, or misusage thereof; or by exceeding the Extents and Limits of the said Grants; or by the usage thereof without any Grant thereof at all from the Crown. All Mannors, Lands, Tenements, and other Hereditaments which ought to come unto his Majesty, by any manner of Escheat or Forfeiture whatsoever, or which might otherwise come unto his Majesty, by any which are Aliens born, all Felons Goods, all Goods, Chattels and Credits of Felons de se, Fugitives and Persons Outlawed, Deodands, Wayfes, Estraves, Reliefs, Herriots, and other Perquisites of Courts, with all Tolls of all kinds usurped, or unjustly withholden from the Crown. For all Woods, Under-woods, and Wood-grounds wrongfully withholden, intruded upon, incroached or wasted to his Majesties prejudice, with all the Damages which ought to be answered unto his Majesty, or his Predecessors for the same.
For all Rents, Annuities, Quit-Rents, annual Payments, and other yearly Sum and Sums of Money due unto his Majesty out of any Mannor, Lands, Tenements, and other Hereditaments, by any Corporations, or other Boroughs, Towns, or any other Person or Persons, Bodies Politick or Corporate, which have not been duly answered by them unto the Crown: With all Mannors, Lands, Tenements, and other Hereditaments, which ought to be in Charge, and are not, but some Fee-Farm Rent only answered in lieu of the Land, or where both the Lands and Rents stand in Charge, and the Rents answered, and yet the parties enjoying the Lands, never had any Grant thereof from the Crown, or where the Lands stand in Charge as Lands, and yet the Rents stand not in Charge, nor yet answered unto the Crown by them that pretend Interest in the said Lands.
The aforesaid Commissioners to bargain, grant, and sell any of the Premises (which are not settled by the within named Act) in Fee-Simple, Fee-Farm, Fee-Tail, for term of Life, Lives, or Years, unto inch Person and Persons as are the present Possessors of the said Premises; or otherwise to make unto them such other Releases and Discharges, as their several Cases shall require. But upon their refusal or wilful neglect of this his Majesties intended Grace, (by not accepting the same within the time limited) the Commissioners to sell any of the Premises to such others as shall be Suitors for the same. And for the surrounded Grounds, and such like, where there is no present Possessors, the Commissioners to fell those Lands to such as will compound for the same.
And where the Tenure appeareth upon Record, the former Tenure is to be reserved: But where no Tenure appeareth upon Record, there the Tenure is to be in Socage.
And Robert Shipper of Grays Inn, his Majesties Servant, is to attend the said Commissioners in the Execution and Prosecution of the said Commission.