Pages 412-419
Acts and Ordinances of the Interregnum, 1642-1660. Originally published by His Majesty's Stationery Office, London, 1911.
This free content was digitised by double rekeying. All rights reserved.
August, 1650
[13 August, 1650.]
Fee-farm Rents, Tenths, &c. vested in the former Trustees.; except such as are setled in Trustees for Preachin Ministers.; The same Trusts.; Saving.
For the clearing of some Doubts which have arisen, or may arise upon the said former Act; and to the end that such as have pur chased, or shall hereafter purchase any of the Fee-farm Rents, or other things which by this or the said former Act are or shall be vested or setled in the Trustees named in the said former Act; and that such Purchasers, and their Heirs and Assigns, may be the better secured to enjoy the same in time to come respectively, according to their several Purchases, Be it Enacted by this present Parliament, and the authority thereof, and it is hereby Enacted, That all Fee-farm Rents, Tenths, or Rents reserved Nomine decimæ, Rents upon Leases, where the Reversion is granted away in Fee, Dry-Rents, issuing out of any Manors, Lands, Tenements or other Hereditaments, and also of any Rectory Impropriate, City, Borough or Town Corporate, Corporations, Fraternities, Hundred, Franchises, Bailywicks and Liberties; and also the benefit and advantage of all Covenants and Conditions reserved out of any the said Manors, Lands and premises heretofore belonging to the late King Charls deceased, or unto Henrietta Maria, the Relict and late Queen of the said King, or unto Charls Stuart their eldest Son, either as Prince of Wales, Duke of Cornwal, Earl of Chester or otherwise, or whereof or wherein they, or any person or persons for them or any of them, or to or for the use, or in trust for them or any of them, on the First day of January, which was in the year of our Lord God, One thousand six hundred forty and one, or at any time since, was or were seized, possessed of or for, or interessed or entituled unto any estate of Freehold or Inheritance, or for any term of years, or other Estate, either in Possession, Reversion, Remainder, Expectancy or future Interest, or otherwise, or whereof they or any of them, or any other person or persons for them or any of them, or to the use, or in the Right, or for the Benefit of them or any of them, have since the said First of January, 1641. had any actual Receipt, Seisin or Possession (other then such Fee-Farm Rents, and other Rents and Duties, which by an Act, Entituled, An Act for providing of Maintenance for Preaching Ministers, and other Pious Uses, are vested or setled in the Trustees therein named, and their Heirs) are hereby from the Eleventh day of March, One thousand six hundred forty nine, granted unto, vested, setled and executed, and shall be, and are hereby deemed, adjudged and taken to be from thence granted unto, vested, setled and executed in the real and actual Possession and Seisin of Thomas Cook Esq; and the other the persons named in the said first mentioned Act to be Trustees, and their Heirs, upon such and the same Trusts and Confidences, and to such and the same intents and purposes, as to, for and concerning the Fee-farm Rents, and other things in the said first mentioned Act are expressed; Saving unto all and every person and persons, their Heirs, Executors, and Administrators, and to all Bodies Politique or Corporate, and their Successors (other then the said late King, his said late Queen and their said Son, their or any of their Heirs, Executors, or Administrators or Successors, and all having or claiming in Trust, for or to the use of them or any of them, and other then such person and persons as have or claim, or shall or may have or claim any of the premises, or any Estate, Term, Interest or other thing therein, from, by or under them or any of them, by force or vertue of any lawful Grant, Conveyance, Lease or Limitation to them made since the said First day of January, One thousand six hundred forty one) All such Title, Interest, Term, Estate, Rights in Law or Equity, Duties, Fees, Profits, Commodities and Demands, which they or any of them now have, and before the said First day of January, One thousand six hundred forty one, had of, in or unto the premises or any of them, as if this Act had not been had or made.
Trustees, upon Certificate by the Clerk of the Pipe, may sell the premises.
And be it further Enacted by the authority aforesaid, That the Trustees named in the said first mentioned Act, or any five or more of them, upon such Particular or Particulars, Certificate or Certificates, as by their direction shall be made forth by the Clerk of the Pipe, Second Remembrancer in the Exchequer, Clerk of the Criminal Pleas in the Upper Bench at Westminster, or the respective Auditor before whom the same shall be in charge or otherwise, as the said Trustees or any five or more of them shall think fit, may put to Sale. Treat, Contract for and Sell, and are hereby authorized and enabled to put to Sale, Treat, Contract for, and sell all and every the premises herein, or in the said first mentioned Act expressed, or any of them, or any part or parcel of them or any of them, unto any person or persons, their Heirs and Assigns, or to any Corporation or Body Politique, and their Successors; And according to such Contract to be made, and such Contracts as have been heretofore made (so as the same be not under the Rate of Eight years Purchase, according to Particular or Certificate whereupon such Contract hath been or shall be made) shall convey, and are hereby authorized and enabled to convey the same respectively, to the several persons by whom, or on whose behalf such Contract hath been or shall be made, and their Heirs or Successors respectively, by Indenture of Bargain and Sale Inrolled, or by any other Conveyance or Assurance whatsoever; And that every such Conveyance and Assurance shall be good and effectual in Law, to all intents and purposes.
Bodies Politique or Corporate enabled to Purchase,; free from incumbrances.; How Rents shall be recovered.; Reprizes.
And that all and every Bodies or Body Politique or Corporate, and their Successors, shall be, and are hereby enabled to purchase to themselves and their Successors, any of the premises, without any License of Alienation in Mortmain: And that they, and all and every other Purchaser and Purchasers of the premises or any of them, and his and their Heirs and Assigns, shall from and after their respective Purchases thereof, hold and enjoy such of the premises as have been or shall be by them purchased, discharged of all Trusts and Accompts whereunto the said Trustees or any of them, are or may be lyable by vertue of this, or of the said first mentioned Act, and of all Suits and Demands which may arise or be moved, upon pretence of Sales at under-values, and all other Claims and Demands, saving such as are herein before saved; and that the premises shall not be lyable to, but shall remain, continue and be to the several and respective Purchasers thereof, their Heirs, Successors and Assigns respectively, freed and discharged of and from all charges and incumbrances, had, made, done, committed or suffered, or to be had, made, done, committed or suffered by the said Trustees or any of them: And that such of the premises as shall be so conveyed to any such Purchaser or Purchasers, shall from henceforth be adjudged and taken to be in the Actual Seisin or Possession of such Purchaser or Purchasers respectively as shall purchase the same: And all and every such Purchaser or Purchasers, his and their Heirs, Successors and Assigns respectively shall and may from time to time enter into any of the Manors, Messuages, Lands, Tenements or Hereditaments, or into any part thereof, and into any Cities, Boroughs, Towns Corporate, Corporations and Fraternities, out of any of which such Fee-farm Rents or other Rents, Duties or Sum of Money beforementioned are reserved or payable; and in default of payment thereof, shall and may levy the same by way of Distress, and Sale of the Goods of any person, Owner, Occupier or Possessor of any such Manors, Messuages, Lands, Tenements or Hereditaments, or of any Citizen or Freeman of any such City, Borough, Town Corporate, Corporation or Fraternity respectively: And all and every Purchaser or Purchasers, his and their Heirs and Assigns, of any Fee-farm Rents, or other Rents, Duties or Sums of Money, payable or reserved out of any Rectory Impropriate, Hundred, Bayliwick, Liberty or Franchise, shall and may, in default of payment thereof (at the election of such Purchaser or Purchasers, his and their Heirs and Assigns) enter into any of the Manors, Messuages, Lands, Tenements and Hereditaments within England and Wales, whereof the Owner of such Rectories Impropriate, Hundred, Bailywick, Liberty or Franchise is seized or possessed of, and shall and may levy the same by way of distress, and sale of the Goods distrained, or shall or may bring his and their Action of Debt against such Owner And such Purchaser and Purchasers, his and their Heirs and Assigns shall and may have, take and use the same, such or the like Benefits and Advantages, Means, Proces and Proceedings for the Recovery thereof, as any Purchaser or Purchasers of any of the Fee-farm Rents, or other things mentioned or intended in or by the said first mentioned Act, may, can or ought to have or take by force and vertue of that Act; and shall, in reference to such of the premises as have been, or shall be by them respectively purchased, have such and the like Reprizes, in such and the like Cases, as any Purchaser or Purchasers of any of the Lands or Possessions of the late Archbishops or Bishops, or of any of the late Deans and Chapters, in reference to those Lands, may, can, might or ought to have by vertue of any Act or Ordinance of Parliament in that behalf made.
Committee for removing Obstructions.; Trustees power.
And that the same persons who by the said mentioned Act are authorized to be a Committee of Obstructions, be, and are hereby made and authorized to be a Committee for the removing of Obstructions in the sale of the premises hereby appointed to be sold; and in reference thereunto, shall have and exercise all such and the like Powers as are given to any Committee of Obstructions by the said first mentioned Act, or by any other Act or Ordinance of Parliament. And that the said Trustees, or any five or more of them, and all and every other person and persons whom it may concern, shall have the like Powers and Authorities, and are hereby required and authorized to proceed in like sort, and to observe the like Rules and Directions in relation to the premises, as in the said first mentioned Act are contained, concerning any of the Feefarm Rents, or other thing therein mentioned.
Rents to schools, or for reparation of Churches, to be continued as heretofore.
Provided always, and it is by the Authority aforesaid further Enacted, That such and so much of the said Fee-farm Rents and premises, and such Sums of Money, Rents resolute, perpetual Pensions, Stipends, Salaries, Annuities, Alms, Corrodies, Profits and Allowances, as at the time of the making of the said first mentioned Act were due or payable; or which are chargeable upon, have been, or ought to be paid or allowed to or for the maintenance of any Grammar-school or Scholars, Preachers, or for or towards the reparation of any Church, Chappel, Highway, Causeway, Bridges, Schools, Almshouses, Castles, or any other uses, upon or out of, or for the premises or any of them, which by this or the said first mentioned Act are vested or setled in the said Trustees and their Heirs, shall be and continue to be paid and allowed as they were and have been heretofore. And they the said Trustees are hereby authorized to set out, convey and assure unto such person and persons, and their Heirs, Bodies Politique or Corporate, and their Successors and Assigns, as they the said Trustees shall think fit, in trust, for the performance of the uses aforesaid, or any of them, such of the said Fee-farm Rents, Duties, or Sums of Money payable as aforesaid, as shall amount unto any of the sums so charged, limited or allowed to or for the uses or purposes aforesaid. Any thing herein contained to the contrary notwithstanding.
Trustees to take Council, and other Officers.
And for the better execution of this and the said first mentioned Act, The said Trustees, or the major part of them, are hereby authorized to take to their assistance such Council Learned, and other Officers as they shall conceive necessary; and that they or any five of them shall and may make such Allowances to them, and their Officers imployed in this service, and for incident charges, out of the moneys to be raised by sale of the premises or any part thereof, as they, with the approbation of the said Committee of Obstructions, shall think fit; and for payment thereof from time to time, to make Warrants to the Treasurers appointed by the said first mentioned Act, who are hereby required and authorized to pay the same accordingly.
Defective Titles or Concealments.; Rents not paid since 25 March, 1630, not to be granted.
And forasmuch as upon divers Commissions of Defective Titles, Inquisitions or Suggestions of Concealments, divers Patents have formerly passed the Great Seal, of divers Manors, Lands, Tenements, Liberties and Hereditaments, whereupon divers Fee-farm Rents, or other Rents have been reserved, and sometimes put in charge, where, in truth, nothing hath passed by the said Letters Patents; nor have the Manors, Lands, Tenements, Liberties or Hereditaments mentioned to have been granted, been enjoyed or held under the said Letters Patents, but under other Titles, or by vertue of other Letters Patents, whereupon other Rents are reserved; Be it therefore Enacted, That such Fee-farm Rents, or other Rents, which have not been paid by the Owners or Occu piers of the Manors, Lands or Tenements charged or mentioned to be charged therewith, since the Five and twentieth day of March, One thousand six hundred and thirty, That the same shall not be granted out by the said Trustees. And further, That where any person or persons, Bodies Politique or Corporate have held any Manors, Lands, Tenements or Hereditaments, subject to the payment of any Fee-farm Rent or other Rent, which hath been usually paid or answered by the Owners or Occupiers of such Lands so charged: And that by colour or pretence of such Patent of Concealment, or by pretence of Commissions for defective Titles passed of the same Lands, some other or greater Rent hath been reserved or put in charge, but the same hath not been answered or paid by the Owners or Occupiers of the said Lands within the time last before mentioned, that in such case the said Trustees are hereby enabled and directed to make sale of such the said Fee-farm Rents and other the premises, as hath been so usually answered and paid as aforesaid: And that the Tenant of the Lands charged with the said Rents or sums of money, shall hold the same Lands subject to the said Rent so granted, and shall hold the same discharged of the said Rent so reserved by vertue of the said Patent of Concealment, or by Commission of defective Titles, and all Seizures, Proces and Distresses for the same, until the same shall be recovered by due Proces of Law.
Trustees to value and sell all Hundreds, Bailywicks, &c.
And be it Enacted by the authority aforesaid, That the said Trustees named in the said first mentioned Act, or any five or more of them, shall have power, and are hereby authorized to set and impose a value and rate upon all Hundreds, Bailywicks, Liberties, Franchises, Reservations, Conditions and Covenants mentioned and reserved in any Charters, Patents and Grants, according to the best of their judgements, and such Informations as they can have and receive concerning the true and real value thereof: And the said Trustees, or any five or more of them, are hereby authorized and enabled to contract for, sell and convey the same unto any person or persons and their Heirs, or to any Corporation or Body Politique and their Successors, in such maner, and according to such Rates as before are declared and directed for sale of any part of the premises.
The premises not to be sold under Eight years purchase.
And be it further Enacted by the authority aforesaid, That the said Trustees, or any five or more of them, shall not sell any of the said Fee-farm Rents, and other the premises, under Eight years purchase, and so proportionably for Reversions upon Life or Lives, or any number of years.
Trustees to search and take Copies in the Tower or elsewhere without Fees.
And be it further Enacted by the authority aforesaid, That the said Trustees, or any five or more of them, their Counsel and Agents by them appointed, shall have power, and are hereby authorized from time to time to make searches, and view all such Records remaining in the Tower of London, Exchequer Office, Pipe-Office, the Office of the Rolls in Chancery, or elsewhere, as shall or may any ways concern and conduce to the better discovery of the premises, or any part thereof; and shall and may take and have Copies thereof for the use of the Commonwealth, without paying any Fees therefore.
Enrolments to be certified upon Oath.
And be it further Enacted by the authority aforesaid, That where any of the Fee-farm Rents, and other the Rents before mentioned, Bailywicks, Liberties, Hundreds and Franchises, shall be found to be in charge Entred or Inrolled before any Officer or Officers whatsoever of the Exchequer, or any other Court of Record; that in such case the said Trustees or any five or more of them, shall and may send to such Officer or Officers for Certificates and particulars thereof, which Officer and Officers shall and are hereby required to deliver the same upon Oath to the said Trustees, who are hereby enabled to administer the same unto them; and shall and may upon return thereof made unto them, proceed to contract, sell and convey the same in such maner, as by this and the said first mentioned Act is directed and appointed.
Purchase-money how, and when to be paid.
And be it further Enacted by the authority aforesaid, That all and every person or persons who shall contract for any of the premises, shall pay in his purchase-money within the times limited respectively, in the said former Act for the payment thereof, unless he or they can procure from the said Trustees or any five or more of them, upon good cause shewn, and to be allowed by them, a Certificate or Certificates for further time to pay in the same, and to perfect his or their Conveyance; which Certificate and further License or Licenses, the said Trustees or any five or more of them are hereby authorized to give, whereof the said Treasurers are to take notice, and to make their Receipts and Certificates accordingly.
Rents under Two pounds per annum, how to be setled.
Provided always, and be it further Enacted by the authority aforesaid, That if any person or persons, Bodies Politique or Corporate, shall desire to purchase any Fee-farm Rent, sum of money, or other thing or duty in this or the former Act mentioned and intended to be sold, and of the same shall procure a Particular or certificate, and the same shall be under the yearly value of Forty shillings; That then such Particular or Certificate, being subscribed and signed by the Trustees or any five or more of them, with a Memorandum of the thing, and the Estate and Sum for which the same is granted, that from thenceforth the same shall be as fully setled in such Purchaser, and the same shall be as good and effectual a Grant and Assurance thereof, and the Purchaser to have all and like advantages of all penalties and Nomine pænæ's and for recovery of the same and all incidents thereunto, as if the same had been by any former or legal assurance conveyed unto such Purchaser by the said Trustees, according to this or the former Act, or as if the same had been particularly mentioned and granted unto such Purchaser, in and by this and the said former Act, for which no Fee, Gratuity or Reward shall be given or taken.