No. 22

by Force, Colour, or Pretext of any Inquisitions, Presentments, by or by Reason of any Commission, or other Authority to find out Con- 21 Jac I. c. 2. cealments, defective Titles, or Lands, Tenements, or Hereditaments

Charge or stand

out of Charge, shall be deemed, construed, or taken to be a putting in and not upon a Charge, standing insuper, or taking or answering the Farm-rents, Reve- ba e putting in nues, or Profits, by or to his Majesty, or any of his Progenitors or ing insuper. Predecessors, unless thereupon such Lands, Tenements, or Hereditainents, have been upon any Information or Suits, on the Behalf of his Majesty, or any his Progenitors or Predecessors, upon a lawful Verdict given, or Demurrer in Law adjudged, or upon a Hearing ordered or decreed for his Majesty, or any of his Progenitors or Predecessors, or of any of them within the said Space of Threescore Years.

which Composi

VIII. Provided always, and be it enacted, That this Act, or any Thing therein contained, shall not extend, or be prejudicial to his This Act shall not Majesty, for or concerning any Manors, Lands, Tenements, or Here- extend to Land for ditaments, for which any Composition is, or before the End of this on is or shall be Session of Parliament, shall be made with his Majesty's Commissioners made before the for defective Titles, and the Monies by such Compositions payable to his Majesty not paid before the End of this Session of Parliament, unless the said Monies shall be paid, and his Majesty's Letters Patents procured according to the true Intent of such Compositions, within Three Months after the End of this Session of Parliament.

End of this Patliament

No. 23.

21 James I. c. 14.-An Act to admit the Subject to plead the General Issue in Informations of Intrusions brought on the Behalf of the King's Majesty, and retain his Possession till Trial.

enforce

HERE the King out of his Prerogative Royal may
W the subject in Informations of Intrusion brought against him,

21 Jac. I. 14.

Intrusion, the Sub

Issue, and to re

to a special pleading of his Title;' The King's most Excellent Ma- In Informations of jesty, out of his gracious Disposition towards his loving Subjects, and ject is allowed to at their humble Suit, being willing to remit a Part of his ancient and plead the General regal Power, is well pleased that it be enacted; and be it enacted by tain Possession till the King's most Excellent Majesty, the Lords Spiritual and Temporal, Trial. and Commons, in this present Parliament assembled, and by the 4 Inst. 116. Authority of the same, That whensoever the King, his Heirs or Dyer 238. Successors, and such from or under whom the King claimeth, and all others claiming under the same Title under which the King claimeth, hath been or shall be out of Possession by the Space of Twenty Years, or hath not or shall not have taken the Profits of any Lands, Tenements, or Hereditaments, within the Space of Twenty Years before any Information of Intrusion brought or to be brought, to recover the same; that in every such Case the Defendant or Defendants may plead the General Issue, if he or they so think fit, and shall not be pressed to plead specially; and that in such Cases the Defendant or Defendants shall retain the Possession he or they had at the Time of such Information exhibited, until the Title be tried, found, or adjudged for the King.

II. And be it further enacted, That where an Information of Intrusion may fitly and aptly be brought on the King's Behalf, that no Scire facias shall be brought, whereunto the Subject shall be forced to a special Pleading, and be deprived of the Grace intended by this Act. 17 Ed. 2, Stat. 1, c. 13.

21 Jac. I. c. 25.

No Advantage

No. 24.

21 James I. c. 25.-An Act for the Relief of Patentees,
Tenants, and Farmers of Crown Lands and Duchy
Lands, or of Lands within the Survey of the Court of
Wards and Liveries, in Cases of Forfeiture for not
Payment of their Rents, or other Service or Duty.

FORASA

ORASMUCH as the King's Majesty, out of his gracious Disposition, is and ever hath been averse from taking any Advantage, howsoever lawful and just, against any of his Subjects, growing by any Forfeiture, Breach of Condition, or strict Interpretation of his Highness Grants or Letters Patents, or the Grants or Letters Patents of any of his Royal Predecessors, of any Manors, Lands, Tene⚫ments, or Hereditaments; and yet the Grantees or Patentees deriving their Estates by or from his Majesty, or his Predecessors, have been too apt and ready to exact the Advantage of such Forfeiture, where his Majesty himself or his Predecessors have not required the same, which hath been ever held an unequal and extreme Course, and hath many Times been relieved by Suits in Courts of Equity, though with the great Charge and Trouble of the Parties endangered 'thereby :'

II. For Remedy whereof, as well where the King as any of his shall be taken Predecessors or Successors hath granted or shall grant the said Manors, against the Kings Lauds, Tenements, or Hereditaments, or any Part thereof, or the nants for Nonpay- Reversion or any Part thereof, to any other, as where the Reversion, ment of Rent, &c. Remainder, or Estate thereof, is or shall be in the King's Majesty, or

Patentees or Te

his Successors, in the Right of the Crown of England, or Duchy of Lancaster, or otherwise, his Majesty of his abundant Grace towards his loving Subjects is graciously pleased that it be enacted; and be it enacted by the King's most Excellent Majesty, by and with the Assent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That if any Person or Persons, Bodies Politick or Corporate, having, holding, or possessing, or which hereafter shall have, hold, or possess, any Manors, Lands, Tenements, or Hereditaments, by Virtue or Colour of any original Grant or Lease, or Assignment of the same, made by the King's Majesty, or any of his Predecessors, or to be made by any of his Succcessors, for any Number of Years, for Life or Lives, in Fee-tail or Fee-simple, or other Estate, whereupon any Rent, Service or other Duty hath been, is or shall be reserved or payable with or under any Condition or Limitation of Re-entry, Cesser, or to be void for Default of Payment of such Rent, or Performance of such Service, or Duty, heretofore hath made, or any other by, from or under whom he claimeth, hath made, or any which hereafter shall have, hold, or possess, shall make any Default therein, and yet after such Default made, such Rent, Service, or other Duty hath been or shall be answered, paid, or done unto his Majesty, or any of his Predecessors or Successors, into his or their Receipt of the Exchequer, or Duchy of Lancaster, or Court of Wards, or to any other having Authority to receive the same, as the Case shall require, before any Advantage of such Forfeiture hath been or shall be taken, and before any Commission awarded to enquire, or other Process issued touching the said Forfeiture or Non-payment of Rent, that in all Cases no Advantage shall be taken by his Majesty, his Heirs or Successors, of, for or by reason of any such Forfeiture or Cause of Forfeiture.

or

III. And be it further enacted, That no Person or Persons claiming,

No. 24.

or which afterwards shall claim, by, from, or under his Majesty, or 21 Jac. 1. c. 25. any of his Predecessors or Successors, at any Time after such Cause or Title of Forfeiture given, shall in any wise have or take any Benefit Advantage, by Reason, Means, or Colour of such Default made or to be made; but that every such Estate forfeited or forfeitable by Means or Occasion of such Default of Payment of Rent, or Performance of Service or other Duty, shall be adjudged to continue and have its Being, as if no such Default or Cause of Forfeiture had been had or made; any Law, Custom, or Usage, to the contrary thereof in any wise notwithstanding.

No. 25.

22 Charles II. c. 6.-An Act for advancing the Sale of Fee-farm Rents, and other Rents.

WHEREAS his Majesty is seised of several Fee-farm Rents, and 22 Car. 11. c 6

other Rents in Right of his Crown, same whereof are Parcel ⚫ of his Highness Duchy of Cornwall, and is also seised of several Feefarm Rents, and other Rents in Right of his Highness Duchy of • Lancaster:

II. And whereas it is convenient that some special Privileges and 22 & 23 Car. 2, Advantages should be granted unto the Purchasers, which cannot

c. 24.

Fee-farm Rents,
Service,

Rent
Chauntry Rents,

&c.

s well be transferred unto them without Authority of Parliament; and whereas the better to enable his Majesty to pay such Debts_owing at Interest, whereof his Majesty shall find Reason to hasten the Discharge, his Majesty is minded to grant and convey to certain Persons, and their Heirs and Assigns for ever, as Trustees for Sale thereof, divers Fee-farm Rents, Rents Service, Rents Seck, or Dry Rents, • Rents reserved, Guild Rents, Pensions, Vicontiel Rents, Assart Rents, Rents for Purprestures arented, Rents certain, or divers other Rents of what Nature or Kind soever they be, due and payable to his Majesty, his Heirs and Successors, as his Majesty shall think fit to ⚫ mention and express in the said Letters Patent, whether the same be due to his Majesty in Right of his Crown of England, or in Right of his Duchy of Lancaster, or be Parcel of, or annexed unto the Duchy of Cornwall; except and always reserved and foreprized out of such Letters Patents, all Quit Rents and Copy-hold Rents stand- Except Quit ing in Charge as Parcel of or belonging to any Manor or reputed Ma- Rents, Copyhold nor; and also all Tenths and First Fruits, and Rents reserved nomine Fruits, &c. • Decima, due and payable by any Archbishop, Bishop, Dean, Dean and Chapter, Archdeacon, Prebendary, Parson, Vicar, or any other Spiritual or Ecclesiastical Corporation;

III. And also all Rents reserved upon any Leases or Estates whereof the Reversion is now in his Majesty, and which are incident to • such Reversion; and also all Rents reserved upon any Lease or Farm ⚫ made or granted, or to be made or granted, of his Majesty's Customs or Excise; and also except all Rents or Sums of Money due and payable to his Majesty, his Heirs and Successors, for or in respect of any Fire Hearths or Stoves :'

Ren's, Teuths, first

IV. Be it therefore enacted by the King's most Excellent Majesty, Letters Patents with the Advice and Assent of the Lords Spiritual and Temporal, and granted by the Commons, in this present Parliament assembled, and by Authority of King, of certain the same, That all and every Letters Patents to be granted by his 4th of June, 167%, Majesty before the Four and Twentieth Day of June, in the Year of confirmed. our Lord One thousand six hundred and seventy-two, under his Great

Renis before the

No. 25.

22 Car. II. c. 6

Indenture of Bai

rolled

to be des ribed in

ings

10 Ann. c. 18,

Seal, or under the Seal of his Duchy of Lancaster, or under the Seal 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 effectual in the Law, for the granting and assuring the several Rents aforesaid, or any of them (except before excepted), and for vesting the same in such Persons and their Heirs, as shall be therein nominated as Trustees for the Sale thereof, against his Majesty, his Heirs and Successors, and against the Dukes of Cornwall for the Time being, and against all Person and Persons that shall have or inherit, or enjoy the Dukedom of Cornwall by Force of any Act of Parliament, or other Limitation whatsoever, according to the Tenor 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 Heirs, Succes sors, Executors, Administrators and Assigns, according to the Words and Purport of the said Letters Patents without any Confirmation, Licence, or Toleration of his Majesty, his Heirs or Successors; any Misnaming, Mis-recital, or Non-recital of any the Honours, Manors, Castles, Lands, Tenements, or Hereditaments, subject and liable to, or charged with the Payment of such Rents, or any Mis-recital or Non-recital of any Estate-tail formerly made, or of the Reyersion thereupon expectant, or any Mis-naming, or not true naming of Towns, Hamlets, Parishes, or Counties where the same Honours, Manors, Lands, Tenements, or Hereditaments, charged or chargeable with the said Rents do lie, or any Lack of the true naming of the Corporation, or any Lack of Attornment, or any Mis-naming, or not naming of any of the Tenants or Farmers of the Lands charged or chargeable with such Rents, or any Part thereof, to the contrary notwithstanding;

V. And notwithstanding any other Defect or Imperfection which shall happen therein, of what Nature or Kind soever it shall be. And the said Rents so to be granted, shall be afterwards conveyed and disposed by the said Patentees and Trustees, according to the Directions and Instructions herein-after mentioned.

VI. And be it further enacted by the Authority aforesaid, That the The Patentees and said Patentees and Trustees, and the Survivor and Survivors of them, Trustees may sell the same Rents to shall make and execute to all and every Person or Persons, Bodies any Purchaser, by Politick and Corporate, their Heirs, Successors and Assigns, who shall gain and Sale in become Purchaser or Purchasers of the said Rents, or of any Part thereof, an Indenture or Indentures of Bargain and Sale which shall Such Ren's, how be inrolled in any of the Four Courts at Westminster, within Six Deds and Plead. Months after the Date thereof, and shall contain a Conveyance and Assurance of the Rents so purchased and transfer the same by Words of Bargain and Sale, or by Words of Grant, Release, or Confirmation, or by such other apt Words and Clauses as by the said Purchaser of Purchasers, their Heirs, Successors or Assigns, shall be reasonably devised or required, and shall be thought most suitable and convenient to and for the several Cases and Titles of such Purchaser or Purchasers respectively; and such Conveyance or Assurance shall also recite the Consideration in Money paid or given, and thereof and of every Part or Parcel thereof shall exonerate, acquit, and discharge the said Purchaser or Purchasers, his and their Heirs, Successors, Executors and Assigns.

Sect. 21.

Purchasers by VII. And be it further declared and enacted by the Authority Virtue of suh aforesaid, That all and every Person and Persons, Bodies Politick and Deed peaceably to enjoy against all Corporate, his and their Heirs, Successors and Assigns, having and taking any such Conveyance and Assurance as aforesaid, and causing the same to be inrolled as aforesaid within the Space of Six Months next after the Date thereof, shall be and is hereby adjudged in actual Seisin and Possession of the Rents so purchased and conveyed; and

shall hold and enjoy the same in perfect Peace, freed and discharged of and from all Claims and Demands which can or may be made by his Majesty, his Heirs or Successors, either in Right of his Crown, or any the Duchies aforesaid, or otherwise howsoever, or by any Dukes of Cornwall for the Time being, or by any Person or Persons that shall have, inherit, or enjoy the Dukedom of Cornwall, by Force of an Act of Parliament, or other Limitation whatsoever, and also 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 pursuing the Powers given by this Act, or the Instructions hereinafter mentioned, or any other Instructions whatsoever, or the Orders to them directed at the Time of the making and executing such Conveyance; and shall also hold and enjoy all and every the Rents so purchased, as fully, freely, and amply, as his Majesty at the Time of the passing of this Act did or might have held or enjoyed the

same.

No. 25.

22 Car 11. c. 6.

And to sue for

done.

VIII. And be it further enacted, That all and every Person and Persons, Bodies Politick and Corporate, who shall purchase any of and recover the the said Rents, and their and every of their Heirs, Successors, and same as his Ma Assigns, respectively, shall be and are hereby enabled to have, sue for, jesty might have and recover the same, by such and the like lawful Ways and Means, as his Majesty, or any of his Royal Progenitors, could or might have recovered the saine, be 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 having Power to detain or sell all such Distresses after the Space of Fifteen Days after such Distress taken, in case the said Rent shall not be then or before paid, returning the Overplus of what shall be so sold, to the Party distrained; or by having the full Benefit and Advantage of all Sums of Money reserved nomine Pæne, or as a Penalty for Nonpayment of the said Rent, or by using the like Action or Suit as his Majesty might have used for the Recovery of the same before such Patent granted, so as the same extend not to any such Process of Extent, or other Prerogative Process out of the Court of Exchequer, as his Majesty might have had before such Patent granted. And forasmuch as upon divers Com'missions of defective Titles, Inquisitions, or Suggestions of Conceal'ment, divers Patents have formerly passed the Great Seal of England, or under the Seal of the Duchy of Lancaster, or under the Seat of 'the County Palatine of Lancaster, of divers Manors, Lands, Tenements, 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, and Tenements, Liberties or Hereditaments ' mentioned to have been granted, been enjoyed or held under the said 'Letters Patents, but under other Titles, or by virtue of other Letters 'Patents whereupon other Rents are reserved;'

IX. Be it therefore enacted, That such Fee-farm, or other Rents, Fee farm aud which have not been usually paid by the Owners or Occupiers of the other Rents not Manors, Lands, or Tenements, charged, or mentioned to be charged paid for 40 Years last past, not to therewith by the greater Space of Forty Years now last past, shall not be inserted in the be inserted or mentioned in any such Letters Patents to be hereafter Patents. granted to Trustees as aforesaid: ́And further, That where any Person or Persons, Bodies Politick 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 by Occupier of such Lands so charged: and that by Colour or Pretence of some 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