No. XXII. 21 Jac. I. c. 2. The King's title required by this Act to be within sixty Years, ought to accrue upon a Verdict or De murrer, &c. have hold and enjoy the said rents and arrearages thereof in such manner and form, and as fully and amply as the same were enjoyed by the more part of threescore years last past before the beginning of this session of Parliament. VII. Provided always and be it enacted by the authority of this present Parliament, That no putting in charge nor standing insuper, nor taking or answering the farm-rents revenues or profits of any of the said lands tenements or hereditaments, by force colour or pretext of any letters patents or grants of concealments or defective titles, or of lands teneiments or hereditaments out of charge, or by force colour or pretext of any inquisitions presentments, by or by reason of any commission or other authority to find out concealments defective titles or lands tenements or hereditaments out of charge, shall be deemed construed or taken to be a putting in charge, standing insuper, or taking or auswering bare putting in the farm-rents revenues or profits by or to his Majesty or any of his procharge or stand-genitors or predecessors, unless thereupon such lands tenements or hereing insuper. ditaments 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. and not upon a This Act shall not extend to Land for which Composition is or shall be made before VIII. Provided always and be it enacted, That this Act or any thing therein contained, shall not extend or be prejudicial to his Majesty, for or concerning any manors lands tenements or hereditaments, for which any composition is or before the end of this session of Parliament shall be made with his Majesty's commissioners for defective titles, and the monies by such compositions payable to his Majesty not paid before the the end of this 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. Parliament. In'Informations of Intrusion, the Subject is allowed to plead the General Issue, and to retain possession till trial. [No. XXIII. ] 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 Kings's Majesty, and retain his possession till Trial. 21 Jac. I. c. 14. WHERE the King out of his prerogative royal may enforce the subject in informations of intrusion brought against him to a special pleading of his title;' The King's most excellent Majesty, out of his gracious disposition towards his loving subjects and at their humble suit, being willing to remit a part of his ancient and regal power, is well pleased that it be enacted; and be it enacted by the King's most excellent Majesty the Lords Spiritual and Temporal and Commons in this present Parliament assembled, and by the authority of the same, That whensoever the King, his heirs or 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. 4 Inst. 116. Dyer, 238. 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. XXIV. ] 21 James I. c. 25.-An Act for the Relief No. XXIV. 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. FORASMUCH as the King's Majesty, out of his gracious disposition, 21 Jac. I. c. 25. 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 tenements 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 en'dangered thereby :' &c. II. For remedy whereof, as well where the King as any of his prede- No advantage cessors or successors hath granted or shall grant the said manors lands shall be taken tenements or hereditaments, or any part thereof, or the reversion or any against the part thereof to any other, as where the reversion remainder or estate King's Patenthereof is or shall be in the King's Majesty or his successors, in the right tees or Tenants for Non-payof the crown of England or Duchy of Lancaster or otherwise, his Majesty of his abundant grace towards his loving subjects is graciously pleased ment of Rent, 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 successors for any number of years, for life or lives, in fee-tail or feesimple, 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 or cause of forfeiture hath been or shall be taken, and before any commission awarded to inquire or other process issued touching the said forfeiture or non-payment of rent, that in all such 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. III. And be it further enacted, That no person or persons claiming, or which afterwards shall claim by from or under his Majesty or 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 or 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. XXV. [No. XXV. ] 22 Charles II. c. 6.-An Act for advancing the Sale of Fee-farm Rents, and other Rents. 22 Car. II. e. 6. 22 & 23 Car. 2. c. 24. Fee-farm WHEREAS his Majesty is seised of several fee-farm rents and other rents in right of his crown, some whereof are parcel of his High 22 Car. II. c. 6.ness Duchy of Cornwall, and is also seised of several fee-farm rents, ' and other rents in right of his Highness Duchy of Lancaster: II. And whereas it is convenient that some special privileges and 'advantages should be granted unto the purchasers, which cannot 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 chauntry 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 copyhold rents standing in charge as parcel of or belonging to any manor or reputed manor; and also all tenths and first fruits and rents reserved nomine decima, due and payable by any archbishop bishop dean dean and chapter arch'deacon prebendary parson vicar or any other spiritual or ecclesiastical 'corporation; Service, Chauntry Except Quit Letters Patents granted by the King, of certain Rents before the 24th of June 1672, confirmed. 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 re' version; 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 :' IV. Be it therefore enacted by the King's most excellent Majesty, with the advice and assent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled, and by authority of the same, That all and every letters patents to be granted by his Majesty before the four and twentieth day of June, in the year of our Lord one thousand six hundred seventy-two, under his great 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 successors 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 mis-naming 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 reversion thereupon expectant, or any mis-naming, or not true naming of the towns hamlets parishes or counties where the same honours manors lands tenenements 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 hereinafter mentioned. No. XXV. 22 Car. II. c. 6. The Patentees and Trustees may sell the same Rents to any Purchaser, by Indenture of Bargain and Sale inrolled. Such Rents, how to be de VI. And be it further enacted by the authority aforesaid, That the said patentees and trustees, and the survivor and survivors of them, shall make and execute to all and every person or persons, bodies politick and corporate, their heirs successors and assigns, who shall become purchaser or purchasers of the said rents, or of any part thereof, an indenture or indentures of bargain and sale, which shall be inrolled in any of the four Courts at Westminster within six 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 scribed in purchaser or purchasers, their heirs successors or assigns, shall be reason- Deeds and ably devised or required, and shall be thought most suitable and conve- Pleadings. nient to and for the several cases and titles of such purchaser or purchasers 10 Ann, c. 18, respectively; and such conveyance or assurance shall also recite the sect. 21. consideration in money paid or given, and thereof and of every part and parcel thereof shall exonerate acquit and discharge the said purchaser or purchasers, his and their heirs successors executors and assigns. VII. And be it further declared and enacted by the authority aforesaid, That all and every person and persons, bodies politick and 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. Purchasers by virtue of such Deed peaceably to enjoy against all Claims. VIII. And be it further enacted, That all and every person and persons, And to sue for bodies politick and corporate, who shall purchase any of the said rents, and recover the and their and every of their heirs successors and assigns respectively, shall same as his Ma be and are hereby enabled to have sue for and recover the same, by such jesty might and the like lawful ways and means as his Majesty or any of his royal have done. progenitors could or might have recovered the same, 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 pana, 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 No. XXV. 22 Car. II. c. 6. Fee-farm and other Rents not paid for 40 years last past not to be inserted in the Patents. Letters Patents of Manors Lands &c. heretofore granted. Fee-farmers before the 23d of October 1642, and since the 20th of May 1660, their discharges confirmed. 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 commissions of defective titles inquisitions or suggestions of concealment, divers patents have formerly passed the great seal of England, or under the seal of the Duchy of Lancaster, or under the seal 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 which have not been usually paid by the owners or occupiers of the manors lands or tenements charged or mentioned to be charged therewith by the greater space of forty years now last past, shall not be inserted or mentioned in any such letters patents to be hereafter 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, or occupiers 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 same hath not been usually answered or paid by the owners or occupiers of the said lands by the greater space of forty years before mentioned; that then and in such case the tenant of the lands shall hold the same discharged of the said rent so reserved by virtue of the said patent of concealment, or by commission of defective titles, and also discharged of all seizures and distresses for the same, until the same shall have been recovered by due course and proceedings of law. And if any letters patents of any manors lands tenements or hereditaments have been heretofore granted, whereupon any fee-farm rents or other rents have been reserved, which at any time after the passing of this Act shall be sold to any purchaser or purchasers, if such letters patents whereupon such rents so sold have been reserved shall at any time hereafter be adnulled defeated repealed cancelled avoided or otherwise determined, whereby the lands shall return to his Majesty his heirs or successors; then and in every such case, all and every the purchaser and purchasers of such rents, their heirs successors and assigns, shall have and receive out of the same lands tenements and hereditaments the like rent, and for the like estate therein, with that which was by them so purchased, and shall enjoy such-like rent during such estate against his Majesty his heirs and successors, and against all persons, bodies politick and corporate, claiming by from or under his Majesty his heirs and successors, by any grant or conveyance made or granted by his Majesty his heirs and successors, subsequent to such purchase made; and shall have like remedy for recovery thereof, (any such adnulling defeating repeal cancelling avoidance, or other determination of such letters patents, to the contrary notwithstanding.) And whereas by certain covenants or agreements on the King's part contained in the original reservation of some of the said fee-farm rents, or by the true intent thereof, or by some decrees in the Court of Augmentation or Exchequer, made before the three and twentieth day of October in the year of our Lord one thousand six hundred forty and two, or since the nine and twentieth day of May in the year of our Lord one thousand six hundred and sixty, divers fee farmers were to be discharged, and allowances to be made of divers pensions portions rents resolute, or other things of the like nature, and the charge thereof hath been since allowed by his Majesty out of the said fee-farm rents, upon the accounts of bailiffs ministers and receivers; it is hereby provided and declared, That this Act or any thing herein contained shall not be construed to annul or avoid any such covenants or decrees, but that the |