June 1652: An Additional Act for Sale of the Fee-farm Rents.

June, 1652

[3 June 1652.]

6 Febr. 1650.; 25000 l. to be borrowed upon the Remainder of the Fee-farm Rents.; 30 April 1649.

Whereas by an Act of this present Parliament, Entituled, An Additional Act for the Sale of the Fee-farm Rents, and for the doubling of Money thereupon, the Trustees and Contractors appointed for Sale of the said Rents, have in pursuance of the said Act made several Contracts and Sales of part of the premises, by which the sum of Two hundred and fifty thousand pounds appointed by the said Act to be advanced and secured, is advanced and secured; and notwithstanding there yet remains Five thousand pounds by the year of the said Rents unsold; The Parliament taking into Consider ation the present occasions the Commonwealth hath of Moneys for carrying on of the Publique Service, Do Enact and Declare, and be it Enacted and Declared by the Authority of this present Parliament, That the Sum of Twenty five thousand pounds shall be borrowed upon the Security of such part of the premises as shall be remain over and above the Two hundred and fifty thousand pounds, appointed to be Doubled by the Act of Parliament aforesaid, by way of Doubling the like sum as shall be due unto any person or persons, Body Politique or Corporate, which by an Act of this present Parliament (Entituled, An Act of the Commons of England in Parliament assembled, for the abolishing of Deans, Dean and Chapters, Canons, Prebends, and other Offices and Titles of or belonging to any Cathedral or Collegiate Church or Chappel within England and Wales) or by any Additional Act, Instructions or Notes in Parliament, might have been doubled upon the Security held out by the said Act.

Liberty to assign Publique-Faith Moneys.; Doubled Bills.

And be it further Enacted, That it shall and may be lawful to and for any person and persons, his or their Executors and Administrators, Body Politique or Corporate, to grant such his and their Publique-Faith Moneys, or other Moneys so admitted to be Doubled as aforesaid, and the Bills, Certificates or Receipts for the same, and the Interest due and to be due thereupon unto any other person and persons; and all and every such Assignee and Assignees, Bodies Politique and Corporate, shall have the like benefit and advantages, to all intents and purposes as the first Lender or Owner might have had within the intent of this Act: And that it shall and may be lawful for any person or persons, Body Politique or Corporate, who shall advance by way of Doubling as aforesaid, any sum or sums of money towards the raising of the said sum of Twenty five thousand pounds upon the security of the premises, to assign the moneys which shall be due unto him or them upon such Doubling, and the Interest and benefit thereof to any other person or persons, Body Politique or Corporate, that shall become a Pur chaser of any part of the premises: And that all and every sum and sums of Money due by, or upon such doubled Bills, shall be accepted, reputed and taken in satisfaction of the whole, or any part of the Moneys contracted for upon such Purchase, as if the same had been paid in ready Moneys: And all Officers concerned therein, are thereby authorized and required to admit and allow the same and to proceed accordingly.

Register-Accomptant.

And be it Enacted and Ordained, That Colonel Robert Manwaring shall be Register-Accomptant for the said premises, and that he shall ascertain the Principal and Interest (where Interest is allowed) of such Moneys as shall be doubled by vertue of this Act, and the same to certifie unto the Treasurers formerly appointed for the said premises; and upon such Certificate of what Principal and Interest is due to as shall be Lenders within the intent of this Act, the said Treasurers, or any two of them, are hereby authorized to give to such Lender or Lenders a receipt or receipts, as well for the old Debt and Interest stated and certified (as aforesaid) as also for the moneys lent towards the advancement of the said sum, provided that the said Register-Accomptant do not certifie any Debt unto the said Treasurers, but such as shall be first allowed of by the Trustees for the said premises, or any five or more of them.

6 l. per Cent. to be allowed to Lenders.

And be it further Enacted and Declared, That such Lender or Lenders, their Executors, Administrators, and Assigns shall have allowed to him and them, their Executors, Administrators and Assigns, in the purchase of any part of the premises, Six pounds per cent. by the year, where Interest is allowed for such moneys as shall be due unto him or them upon the said Treasurers Receipts as aforesaid.

Moneys for Doubling to be paid within ten days after Certificate hereof made.; Trustees not to sell under ten years purchase.

And it is further Enacted by the Authority aforesaid, That every person and persons, Body Politique or Corporate, who shall lend any Moneys on the said Security as aforesaid, and shall have his or their Debt and Interest stated and certified by the said RegisterAccomptant as aforesaid, shall pay in to the Treasurers in the first recited Act named, the Moneys wherewith he ought to double as aforesaid, within ten days next after the Certificate thereof made to the said Treasurers, or otherwise shall forfeit his or their Moneys allowed to be doubled by the said Trustees as aforesaid, unless he or they shew good cause to the Treasurers, or any two of them, for his or their neglect. Provided onely, That the said Trustees shall not, nor do not after the twentieth day of March, in the year One thousand six hundred fifty one, sell any of the Fee-farm Rents, or other Rents mentioned in the said Acts, under ten years purchase.

Trustees and Contractors power to sell.

And it is further Enacted, That the said Trustees and Contractors for sale of the said Rents, shall and may sell any of the Fee-farm Rents, or other Rents mentioned in the said Act, and in two other Acts of this present Parliament, the one 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: And by another Act, Entituled, An Act for the further Explanation of the former Act, Entituled, An Act for selling the Fee-farm Rents belonging to the Common- wealth of England, formerly payable to the Crown of England Dutchy of Lancaster, and Dutchy of Cornwal. And the said Trustees and Contractors, or any five or more of them, are hereby enabled and authorized to sell and convey any part of the premises unto any person or persons, Body Politique or Corporate, as shall be a Purchaser thereof according to the rules, instructions and directions as are given and set down in the said Acts or either of them: And the Purchaser or Purchasers, his or their Heirs or 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 any of the aforesaid Acts, may, can or ought to have or take, by vertue and force of any the said Acts.

Former powers to be put in execution.

And be it further Enacted, That the Trustees, Contractors, Comptroller, Register and Register-Accomptant named in the said Acts or any of them, shall and may put in execution the same Powers and Authorities, in relation to the premises set to sale by this Act, as they have done or might have done by vertue of any of the said Acts of Parliament appointing the sale of the aforesaid Fee-farm Rents.

100 l. to be paid the Register-Accomptant.; Two pence in the pound allowed the Officers.

And be it further Enacted and Ordained, That the said RegisterAccomptant shall have paid unto him, for him and his Clerks, and other charges for their service in and about the premises, out of such Moneys as shall be doubled upon the said security, the sum of One hundred pounds for his service herein; And the said Treasurers are hereby enabled and authorized to make payment thereof accordingly: Provided that the Trustees, Contractors, Treasurers, Register and Comptroller shall have and receive only two pence upon every pound so contracted for upon doubling, presently at the making of the said Contract, which shall be allowed in part of the sum contracted for, to be in lieu of the Salaries for themselves and their Clerks, and to be distributed amongst them according to the directions of the first recited Act.

Creation money to cease and be void.

And be it further Enacted and Ordained by this present Parliament, and it is Enacted and Ordained by authority of the same, That all Moneys called Creation Money, charged or chargeable upon or out of any Honors, Manors, Lands, Tenements or Hereditaments, or upon any Body Politique and Corporate, or payable out of the publique Revenue of the late Crown, unto any Duke, Marques, Earl, Viscount or Baron, shall from the thirtieth of January, One thousand six hundred forty eight, cease, determine and be utterly void; And such Duke, Marques, Earl, Viscount and Baron, and every other person, Body Politique and Corporate, shall pay his and their full Fee-farm Rent and other Rents chargeable as aforesaid, and payable by any Letters Patents or other Grant to the Commonwealth, or such person or persons as shall purchase the same, without any reteiner, deduction or defalkation.

Manors and Lands to stand charged with Fee-farm Rents,; and Purchasers to enjoy the same.

And it is further Enacted and Ordained by the Authority aforesaid, That all such Manors, Lands, Tenements and Hereditaments, whereof the said Trustees in the said Act named were at the time of the making of the said Act, or at any time since seised or possessed, which were at the time of the making of the said Act charged or chargeable with the payment of any Fee-farm Rents, are and shall be, and stand charged and chargeable therewith, notwithstanding any Unity of possession for or by reason of the said Act, and are and stand hereby revived: And that all and every person or persons who hath or shall purchase the said Fee-farm Rents, shall and may quietly and peaceably hold and enjoy the same to them and their heirs and assigns according to their respective purchases; and shall have the same and the like benefit of Nomine pææ's, powers to distrein, and other advantages, ways and means for the recovery of the said Rents and all arrears of them, as the late King, Queen and Prince, or any of them, or any other person or persons in trust for them, or to their use, had or could, or might have had, the aforesaid Act or any thing therein contained to the contrary thereof in any wise notwithstanding.

Clerk of the Pipe, and Auditors to make forth Particulars.; Their Fees allowed.; Trustees to require Rentals from Sheriffs, Bayliffs, &c.

And it is further Enacted and Ordained by the Authority aforesaid, That the Clerk of the Pipe, the several Auditors, Deputy or Deputies, and all other Officers whatsoever of the Exchequer, or of any other Court or Office of Record, shall and do from time to time, make forth such Certificates and Particulars of all the Feefarm Rents, Bayliwicks, Liberties, Hundreds, Franchises, and other Rents saleable by any of the aforesaid Acts, according to such order or direction as they or any of them shall from time to time receive from the Trustees named in the first mentioned Act, or any five of them, which order and directions the said Trustees or any five or more of them are hereby impowered to give and make forth, and the said Clerk of the Pipe, Auditors and other officers before mentioned, and every of them respectively, are hereby required to observe accordingly; for which several and respective Certificates & Particulars, the said Clerk of the Pipe, Auditors and other of of the said officers, shall be, and are hereby allowed to receive and take six shillings eight pence by the press, and three shillings four pence the half press, and no more: And the said Clerk of the Pipe, Auditor, and other the said respective officers, and their deputies or clerks, are hereby required and enjoyned, not to receive of any of the purchasers of the Rents aforesaid, any other Fee or reward, nor any thing by way of gratuity, or for expedition or otherwise, for the said Certificates or Particulars, besides the Fee of 6s. 8d. by the press, and 3s. 4d. the half press, hereby allowed as aforesaid; which said presses and half presses are to be made according to the usual maner of the Exchequer: And the said Trustees are hereby authorized and impowered to require from all Sheriffs, Receivers, Bayliffs, Collectors, Reeves or others, who have at any time since the making of the said first mentioned Act, collected or received, or shal at any time hereafter collect or receive any of the said Rents in the aforesaid Acts or either of them mentioned, full and true Rentals of all their Receipts and Collections, and shall deliver the same to the said Trustees upon Oath; which Oath the said Trustees or any three of them, are hereby authorized to administer accordingly.

Register to ascertain the true values of Particulars.

And it is further Enacted and Ordained, That the Register in the first recited Act named, or his Deputy, do rate and ascertain the true values of every Particular upon which any Contract shall be made, and do weekly make Certificate unto the Treasurers named in the first recited Act, and also to the Register-Accomptant in the last recited Act appointed, of all Rents and Rates of Particulars or Certificates and Values, as shall be from time to time certified unto the Trustees from and by the Clerk of the Pipe, the respective Auditors, or any other the beforementioned Officers of the Exchequer, or of any other Court or Office of Record; and of all Moneys payable upon any Contract made upon any such Particular or Certificate, and the full value how much is the sum of the first moyety to be paid in hand to the said Treasurers, as also to the said Register-Accomptant, and how much is the moyety to be forborn, and for what time, and how and in what maner the sum or sums to be forborn are to be secured.

Rents where of no Grant can be found.

And whereas divers Rents have been sold, and are still to sell, whereof no Grant or Letters Patents can be found in any Court of Record; Be it Enacted by the authority aforesaid, That where payment hath been made at any time within fifteen years last past, that such Sales as are or shall be made of any such Rents, shall be as good and effectual in the Law, as if Letters Patents or other Grant thereof should be produced.

Rents reserved upon Estates in Tail,; and paid within fifteen years.

And forasmuch as many Honors, Manors, Lordships, Messuages, Lands, Tenements, and other Hereditaments were granted by the late King, or any his Predecessors, to divers persons in Tail-general or in Tail-special, rendring Rent, which Rents by reason of the dying of the Tenant in tail without Heirs in tail will determine, Be it Enacted by this present Parliament, and the Authority thereof, and it is hereby Enacted and Declared, That in all cases where the late King or his Predecessors have made any Grant of any Honors, Manors, Lordships, Messuages, Lands, Tenements and other Hereditaments in tail general or in tail special, rendring a Rent to the Kings of England, and their Successors, that such Purchasers, their Heirs, Successors and Assigns, shall have, hold and enjoy the said Feefarm Rent which they have purchased or hereafter shall purchase, to them, their Heirs, Successors and Assigns, according to their respective Deeds of purchase, notwithstanding the Estate-tail upon which the said Rent was reserved is determined, or shall hereafter determine: And where any Honors, Manors, Lands, Tenements and Hereditaments granted as aforesaid, have been aliened by the Grantee, with consent of the late King, or any of his Predecessors, out of which any Fee-farm Rent hath been reserved, the Purchaser or Purchasers shall have, hold and enjoy the Rent so purchased by him or them, to his or their Heirs, Successors and Assigns, notwithstanding the Estate-tail upon which the said Rent was or is reserved, is determined, or hereafter shall determine. Provided, That such rent or rents have been in charge, and paid within the space of fifteen years, before the twentieth of December 1651.

Hundreds and Liberties

And whereas the Trustees have by their Surveyors made survey of divers Hundreds, and other Liberties saleable by the aforesaid Acts; That in such case Henry Colbrand Register, or his Deputy, is hereby authorized and required to make Particulars of them, and the said Trustees to sell and convey them accordingly.

Rents under the yearly value of 50s.

And be it further Enacted by the authority aforesaid, That the like Power to all intents and purposes be hereby given to the said Trustees, to grant any the said rents and premises under the yearly value of Fifty shillings upon a Particular or Certificate, by a Memorandum of the Rent or duty, and the estate and sum for which the same is granted, as fully and amply to the advantage of the Purchaser, as by any Act or Acts aforesaid they might or could have done upon the Sale of any the premises already made by the said Trustees for any lesser sum.

Sales confirmed to the Purchasers.

And it is further Enacted and Declared, That all sales and conveyances of any of the said premises, as well of Rents issuing out of any Rectory or Tythes impropriate as otherwise, whether, sold already, or hereby intended to be sold by the said Trustees, be and hereby are confirmed to the Purchasers, their Heirs and Assigns, as if the said Rents and other the said premises had been herein particularly named and expressed, Any other Act or Law to the contrary notwithstanding.

Fee-farm Rents issuing out of Delinquent Estates.

And be it further Enacted and Declared, That where any of the said Fee-farm rents, or other rents formerly appointed or hereby appointed to be sold by vertue of this or any the aforesaid Acts, and issuing and payable out of any the Delinquents Estates already appointed or to be appointed to be sold, they shall be good and effectual to the Purchaser or Purchasers of the said Fee-farm Rents and other Rents, their Heirs and Assigns for ever, Any Act or Law to the contrary notwithstanding.