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A74385 An act for the further explanation of the former act, entituled, An act for selling the fee-farm rents belonging to the Commonwealth of England, fomerly payable to the crown of England, dutchy of Lancaster, and dutchy of Cornwal. Die Martis, 13€ Augusti, 1650. Ordered by the Parliament, that this Act be forthwith printed and published. Hen: Scobell, Cleric. Parliamenti. England and Wales. Parliament. 1650 (1650) Thomason E1061_15; ESTC R209248 6,956 14

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AN ACT For the further EXPLANATION Of the former ACT Entituled An Act for Selling the Fee-farm Rents belonging to the Commonwealth of England formerly payable to the Crown of England Dutchy of Lancaster and Dutchy of Cornwal Die Martis 13º Augusti 1650. ORdered by the Parliament That this Act be forthwith printed and published Hen Scobell Cleric Parliamenti London Printed by Edward Husband and John Field Printers to the Parliament of England 1650. AN ACT FOR The further Explanation of the former Act Entituled An Act for selling the Fee-farm Rents belonging to the Commonwealth of England formerly payable to the Crown of England Dutchy of Lancaster and Dutchy of Cornwal 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 Purchased 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 decime 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 One thousand six hundred forty one 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 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 Vpper 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 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 and 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 before mentioned 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 Bailywick 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 Reprises 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 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 Fee-farm Rents or other thing therein mentioned 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 Shool or Shollars Preachers or for or towards the reparation of any Church Chappel High-way Causeway Bridges Schools Almshouses Castles or any other Vses 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 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 Councel 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 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 Occupiers 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 or 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 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 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 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 And be it further Enacted by the Authority aforesaid That the said Trustees or any five or more of them their Councel 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 else-where 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 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 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 frō 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 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 poene's and for Recovery of the same and all incidents thereunto as if the same had been by any Formal or Legal assurance conveyed unto such Purchaser by the said Trustees according unto 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 Die Martis 13º Augusti 1650. ORdered by the Parliament That this Act be forthwith printed and published Hen Scobell Cleric Parliamenti