Charles II, 1670 & 1671: An Act for vesting certaine Fee-Farme Rents and other small Rents in Trustees.

Recital that in pursuance of 22 Car. II. c. 6. by Letters Patent. 13th June, and 11th November, 22 C. II. Certain Rents had been granted to Lord Hawley and others;

and that many small Rents had been left out of the said Letters Patents, which were meant to be conveyed by the said Act and that the Collection thereof was very chargeable.; All Rents (Exception) within the Survey; of the Exchequer and Duchy of Lancaster vested in the said Lord Hawley and others, as Trustees, as herein mentioned.

Whereas his Majestie in pursuance of a late Act entituled, An Act for advanceing the Sale of FeeFarme Rents and other Rents. hath by severall Letters Patents, one beareing date the thirteenth day of June in the two and twentyeth yeare of his Raigne, and the other beareing date the eleaventh day of November in the two and twentyeth yeare of his Raigne) granted and conveyed diverse Fee-Fanne Rents and other Rents unto Francis. Lord Hawley, Sir Charles Harbord Knight, Sir William Haward Knight, Sir John Talbot Knight, Sir Robert Stewart Knight and William Harbord Esquire and their Heires as Trustees for Sale thereof, most of which Rents are of the yearely value of forty shillings per annu[m] and upwards, And whereas there are yet remaining very many small Rents left out of the said Letters Patents, which were intended by the said Act to be sold and conveyed away, the collection of which small Rents is very chargeable to his Majesty, and very troublesome to the Subject by meanes of Under Sheriffes, Bayliffes and Messengers necessarily imployed therein. And yet if the said small Rents should be conveyed by Letters Patents to Trustees for sale thereof, the said Letters Patents would be of extraordinary length, and require a multitude of recitalls of many small summes, which besides the charge in Writeing, would alsoe be an occasion of great hindrance and delay to his Majestyes Service, Bee it therefore enacted by the Kings most Excellent Majesty by and with the advice and consent of the Lords Spirituall and Temporall and Commons in this present Parlyament assembled and by authoritie thereof That all Fee-Farme Rents, Rents service, Rents secke, or Dry rents, Chauntry Rents, Guild Rents, Castle-guard Rents and other Rents within the Survey of the Exchequer or Dutchy of Lancaster, due and payable to his Majestie his Heires and Successors in Possession, Reversion or Remainder (other then such Rents and Summes of Money as are specially saved [and excepted (fn. 1) ] out of the said Act) be and are hereby vested and setled in the said Francis Lord Hawley, Sir Charles Harbord, Sir William Haward, Sir John Talbot, Sir Robert [Steward (fn. 2) ] and William Harbord and their Heires as fully and absolutely to all intents and purposes whatsoever as if the same had beene perticularly granted unto them by Letters Patents by vertue of the said Act, and in such manner as is hereby directed in that behalfe, and the said Rents hereby vested in the said Trustees shall be by them conveyed and disposed according to the Directions and Instructions mentioned in the said Act to any person or persons Bodyes, Politique or Corporate who shall desire to purchase the same Rents, or any of them upon a particular or certificate thereof made by the Auditor or other Officer of Record, before whome the same doe or shall stand in charge respectively; which Conveyance of the said Trustees and the Survivours and Survivour of them shall be as good and effectuall in Law to all intents and purposes as if the Rents soe conveyed had beene particularly, imediately and well and sufficiently granted by his Majesty under the Great Seale of England, or the Seale of the Dutchy or County Palatine of Lancaster.

II. All Purchasers of Fee-Farm Rents to be kept harmless from all Incumbrances made by the Trustees.

And, for the better security and satisfaction of the Purchasers of any the said Rents Bee it enacted by the authority aforesaid That all and every person or persons Bodyes Pollitique and Corporate their Heires, Successors and Assignes, who have already beene, or hereafter shall become Purchaser or Purchasers of any of the said Rents granted by the said ( (fn. 3) ) Letters Patents, or mentioned or intended to be vested in or conveyed by these Presents, to the said Trustees, shall quietly hold and enjoy the same according to their severall and respective Purchases, and shall be and are hereby saved and indempnifyed and kept harmelesse of and from all and all manner of Incumbrances whatsoever, heretofore had, made or done, or hereafter to be had, made or done by the said Trustees or any of them to charge or incumber the said Rents with any Incumbrances whatsoever.

III. The Receivers General may receive the said, Rents till Sale made.

Provided alwayes, and it is the true intent and meaneing of these Presents That untill Sale shall be made of the [said (fn. 1) ] severall Rents by the Trustees afore mentioned, or the Survivours or Survivour of them their Heires, Executors or Administrators that the Receiver or Receivers Generall of his Majestyes Revenue shall and may receive, collect and gather the same and every part thereof as fully to all intents and purposes as if the said Letters Patents or this present Act had not beene made.

IV. Advantages of former Act allowed to Purchasers.

Printed Copies of this and the former Act, and of the Deed enrolled, to be Evidence.

And lastly bee it enacted That all such persons as shall purchase any of the said Rents by vertue of this Act shall have and enjoy all the Benefitts and Advantages given or allowed to Purchasers by the said former Act and the shewing of the printed Copyes of this and the said former Act, and of the Conveyance made by the said Trustees and enrolled according to the direction of the said former Act shall be sufficient Evidence in any Court of Justice, to entitle the Purchaser and Purchasers their Heires and Assignes to any Rent by him, her or them purchased and contained in such Conveyance without, any further Proofe or Evidence in that behalfe.

V. No Tenant in Tail of the said Rents hereby enabled to bar the Remainder.

Provided That noe Tenant in Taile of any the said Rents shall be enabled [by this Act (fn. 1) ] to suffer any Recovery, or doe any other Act or Deed to barr the Remainder hereby vested in the said Trustees and their Heires, nor shall, such Tennant in Taile have any other or greater power over the said Rent then he had before the passing of this Act. Any thing herein before contained to the contrary notwithstanding.

VI. The Trustees duly executing their Authority, discharged against His Majesty, &c.

And bee it further enacted That the said Trustees and the Survivours and Survivour of them, conveying and disposeing of the said Rents according to such contracts and agreements as shall be signed by the Lord Treasurer of England and Chauncellour of the Exchequer or the Lords Co[m]mis?ers of His Ma[jes]ties Treasury for the time being pursuant to the said former or this present Act, and the Heires, Executors or Administrators of the said Trustees shall be, for soe doeing, and are hereby freed and discharged against his Majesty his Heires and, Successors for ever.

VII. Purchasers may make a general Avowry, &c. by allegling that the Trustees were seized in Fee, &c. and so granted the .same Rents.

And bee it further by enacted by authority aforesaid That every Purchaser of any of the Rents and Premisses by the intent of this or any former Act sold or appointed to be sold their Heires and Assignes, and all person and persons their Heires Executors Administrators and Assignes claimeing by, from, or under such Purchaser or Purchasers may sue for, make Avowry, Justification or Conuzance as the case shall require for such Rent or Rents and Premisses and Arreares thereof, without setting forth how his Majestie or his Progenitors became entituled to such Rents or other the Premisses, or setting forth or produceing in Court any Letters Patents, or other matter whereby such Rents or Premisses had commencement, or the said Letters Patents whereby the Premisses were granted, or intended to be granted to the said Francis Lord Hawley, Sir Charles Harbord, Sir William Haward, Sir John Talbot, Sir Robert Stewart and William Harbord; But it shall be sufficient in every such Suite Avowry, Conuzance, or Justification where occasion shall be to sett forth the Title of such Purchaser to declare or alledge that the said Francis Lord Hawley Sir Charles Harbord, Sir William Haward Sir John Talbot, Sir Robert Stewart and William Harbord were seised in Fee or in Demesne, as of Fee of such Rent or Premisses in Possession or Reversion, as the case requires, and soe seised, granted the same.

VIII. Liberty to Trustees to convey by the Words expressed in the Letters Patent, or by Particulars made out by the Auditors, or by Grants from the Crown.

Proviso for Rights of the Queen.

[Whereas many of the Rents, vested in the said Trustees by the two Patents herein before mentioned, are either misrecited or not soe fully and particularly expressed, as may be reasonably desired by some Purchasers. Bee it therefore further enacted by the authoritie aforesaid That the said Trustees and the Survivour and Survivours of them, and the Heires of such Survivour shall and may convey the said Rents or any of them to the respective Purchasers, either by the words expressed in the said Letters Patents, or by Particulars to be made out by the respective Auditors, or by the originall Grants from the Crowne, whereon those Rents are reserved, as the said Trustees shall finde most convenient for the satisfaction of the said Purchasers; (fn. 4) ] [Saveing unto the Queens Majestie all such Right, Title, Interest, Possession or Estate as her Majestie had, should or might have, or of right ought to have had in or unto the Rents hereby vested, or any of them as fully and amply as her Majestie should or might have had before this present Act, and as if this Act had never beene had or made. Any thing herein before contained to the contrary notwithstanding. (fn. 4) ]