No. 1. S2 H. VIII. c. 28 Cro. El 5, 350. be made by Tenant Wife's Land. Raym. 165. 1 Sid 416. Dyer, 115, 246, 271 279, 304. 5 Co. 2, 5. 2 Roll. 402. 5 Co 6. Cro. El. 602. Latch, 257. Heirs and Successors, and every of them, according to such Estate as is comprised and specified in every such Indenture of Lease, in like Manner and Form as the same should have been, if the Lessors thereof, and every of them, at the Time of the making of such Leases, had been lawfully seised of the same Lands, Tenements and Hereditaments comprised in such Indenture, of a good, perfect and pure Estate of Fee-simple thereof to their own only Uses II. Provided always, that this Act, or any Thing contained, 34 H. 8, c. 20. shall not extend to any Leases to be made of any Manors, Lands, Sped Observa Tenements or Hereditaments, being in the Hands of any Fermor or tions of Leases to Fermors by Virtue of any old Lease, unless the same old Lease be in fail, or of the expired, surrendered, (S) or ended within one Year next after the making of the said new Lease; (4) nor shall extend to any Grant to be made of any Reversion of any Manors, Lands, Tenements or Hereditaments, nor to any Lease of any Manors, Lands, Tenements or Hereditaments which have not most commonly been letten to Ferm, or (5) occupied by the Fermors thereof, by the Space of twenty Years next before such Lease thereof made; nor to any Lease to be made without Impeachment of Waste, nor to any Lease to be made above the Number of twenty-one Years, or three Lives, at the most, Cro.Car. 22,44. from the Day of making thereof; (6) and that upon every such Lease there be reserved yearly during the same Lease, due and payable to the Bridgm. 29. Lessors, their Heirs and Successors, to whom the same Lands should Moor, 759, pl. have come after the Deaths of the Lessors, if no such Lease had been 1050. thereof made, and to whom the Reversion thereof shall appertain, according to their Estates and Interests, so much yearly Ferm or Rent, or more, as hath been most accustomably yielden or paid for the Manors, Lands, Tenements or Hereditaments (7) so to be letten within twenty Years next before such Lease thereof made; and that every such Person and Persons, to whom the Reversion of such Manors, Lands, Tenements or Hereditaments so to be letten shall appertain, as is aforesaid, after the Deaths of such Lessors or their Heirs, shall and may have such like Remedy and Advantage, to all Intents and Purposes, against the Lessees thereof, their Executors and Assigns, as the same Lessor should or might have had against the same Lessees. So that if the Lessor were seised of any special Estatetail of the same Hereditaments at the Time of such Lease, that the Issue or Heir of that special Estate shall have the Reversion, Rents and Services reserved upon such Lease after the Death of the said Lessor, as the Lessor himself might or ought to have had if he had lived. Hob. $24. (3) A Lease is good upon a Surrender conditioned to be void if a new Lease is not made within a Week.-Wilson v. Carter, 2 Str. 1201. A Surrender by taking a new Lease, to commence in future, takes Effect immediately. -Semble, Thompson v. Trafford, Popham, 9. (4) This being an enabling Statute, does not apply to Leases made by the Bishop without the Consent of the Dean and Chapter-and which did not Jequire the Aid of the Statute-and such Lease is not restrained by Stat. 1 Eliz. -Fox v. Collier, Moor, 107, And. 65. (5) If the Land has been either most commonly let to farm, or let to farm for more than ten Years of the last twenty, it seems sufficient.-See Bacon, LEASES. (6) Semble, that a Lease for sixty Years, determinable upon three Lives, is good under this Statute-the Power in the first Part being general-and the Lease not falling within the Proviso, as it does not exceed the Limits prescribed. Secus as to Leases under the Statutes, 1 Eliz. & 13 Eliz-See Whitlock's Case, 8 Rep. 69-Smith v. Trinder, Cro. Car. 22. (7) Qu. if this authorizes a Letting in several Parts of Premises before let together. Semble, it does.-See 4 Cruise.-See also Stat. 39 & 40 G. IIL c. 41, infra, No. 14. of the Wife's III. Provided alway, That the Wife be made Party to every such No. 1. Lease which hereafter shall be made by her Husband of any Manors, 32 H. VIII c. 28. Lands, Tenements or Hereditaments, being the Inheritance of the Leases made by Wite; and that every such Lease be made by Indenture in the Name Husband & Wife of the Husband and his Wife, and she to seal to the same; and that Lands the Ferm and Rent be reserved to the Husband and to the Wife, and 3 Leon. 132. to the Heirs of the Wife, according to her Estate of Inheritance in Jones, 60. the same; and that the Husband shall not in any wise aliene, dis- Hutt. 84. charge, grant or give away the same Rent reserved, nor any Part 1 Roll. 159,163 thereof, longer than during the Coverture, without it be by Fine Latch, 45. levied by the said Husband and Wife; but that the same Rent shall remain, descend, revert or come after the Death of such Husband, unto such Person or Persons and their Heirs, in such Manner and Sort as the Lands so leased should have done, if no such Lease had been thereof made. IV. Provided also, That this Act extend not to give any Liberty or Power to any Person or Persons to take any mo Ferms, Leases or Takings of any Manors, Lands, Tenements or other Hereditaments, than he or they should or might lawfully have done before the making of this Act; nor extend to give any Liberty, or Power to any Parson or Vicar of any Church or Vicarage, for to make any Lease or Grant of any of their Messuages, Lands, Tenements, Tithes, Profits or Hereditaments belonging to their Churches or Vicarages, otherwise or in any other Manner than they should or might have done before the making of this Act; any Thing contained in this Act to the contrary notwithstanding. 25 H. 8, c. 15. Leases of Ferms. Leases of Parsonages or Vicarages. by certain eisons, V And furthermore be it enacted by Authority aforesaid, That A Confirmation all Leases at any Time within the Space of three Years next before of Leases made the twelfth Day of April in the thirty-first Year of our Sovereign Lord before the Statute the King's Reign, made by Writing indented under Seal, by any upo certain CouPerson or Persons of full Age, of whole Memory, not unlawfully ditions. coarcted, nor being Covert Baron, for Term of Years, of any Manors, Lands, Tenements, or other Hereditaments, whereof the Lessor or Lessors were seized of any Estate of Inheritance of and in the same, to their own only Use, at the Time of making any such Lease thereof, and whereof the Lessees, their Executors or Assigns, be now in Possession by Virtue of the same Lease, and no Cause of Re-entry or Forfeiture thereof had or made, shall be good and effectual in the Law against the Lessors, their Heirs and Successors, and the Heirs and Successors of every of them, according to the Covenants, Articles and Agreements specified in every such Indenture or Lease: So always there be reserved and yearly payable during the same Lease to the said Lessors, their Heirs or Successors, or to such other as should or ought to have had the same Manors, Lands, Tenements or Hereditaments so leased after the Decease of such Lessors, in case no such Lease had thereof been made, as much yearly Rent for the same, as was at any Time therefore yielden or paid within twenty Years next before the making of any such Lease, or else such Leases to be of no other Force ne Effect than they were before the making of this present Act. or her Heirs VI. And moreover for certain Consideration be it enacted by The Husband's Authority aforesaid, That_no Fine, Feoffinent or other Act or Acts only Act of the hereafter to be made, suffered or done by the Husband only, of any Wife's Land shall Manors, Lands, Tenements or Hereditaments, being the Inheritance not prejudice her or Freehold of his Wife, during the Coverture between them, shall in any wise be or make any Discontinuance thereof, or be prejudicial or Explained by burtful to the said Wife or to her Heirs, or to such as shall have 34 & 35 H. 8, Right, Title or Interest to the same by the Death of such Wife or Wives; but that the same Wife and her Heirs, and such other to 13 Ed. 1, st. 1, whem such Right shall appertain after her Decease, strall and may c. 3 & 40. c. 22. 6 Ed. 1, c. 3. No. 1. then lawfully enter into all such Manors, Lands, Tenements and 32 H. VIII c. 28. Hereditaments according to their Rights and Titles therein; any such Moor, 58, pl. Fine, Feoffment or other Act to the contrary notwithstanding; Fines 164. Moor, 872. levied by the Husband and Wife (whereunto the said Wife is party pl. 1215. and privy) only except. the flusband and Wife 2 Inst. 681. Hob. 243, 261. Dyer, 72, 264, 368. Co Lit. 326. 2 Roll. 410, 491, 499. VII. Provided furthermore, That this Clause or Act extend not Leases made by to give any Liberty to any such Wife, or to her Heirs, for to avoid the Wife of the any Lease hereafter to be made of any the Inheritance of the Wife by Inheritance of the her Husband and her for Term of one and twenty Years, or under, or Gold. 102, pl. any her Inheritance for Term of three Lives at the uttermost, whereupon as much yearly Rent or more is or shall be reserved, and yearly payable during the same Lease, as was at any Time therefore yielden or paid within twenty Years next before the making of any such Lease, according to the Tenor of this present Act; any Thing therein contained to the contrary notwithstanding. 119. Leases made by Treason. 2 Koll. 507. VIII. Provided also, That this Act extend not to make good any Ecclesiastical Per- Lease or Leases heretofore made by any Ecclesiastical Person or Persons attainted of sons by their Covent or Common Seal, which be made void or taken away by Authority of any Act of Parliament heretofore made; nor extend to make good any Lease or Leases heretofore made by any Ecclesiastical Person or Persons now being attainted of Treason, under their Covent Seal, or otherwise; or by any other Person or Persons now being attainted of Treason by Act of Parliament, or otherwise; but that all and singular such Lease and Leases, and every of them, now made, or hereafter to be made, shall be of such like Effect and Strength in the Law, and none other, as they and every of them were before the making of this Act; any Thing before mentioned in this Act to the contrary thereof notwithstanding. Leases of Hospitals, &c. good with Consent of the more Part. Dyer, 247. 39 H. 7, c. 7. No. 2. 38 Henry VIII. c. 27.-The Bill for Leases of Hospitals, Colleges, and other Corporations. ALBEIT that by the Common Laws of this Realm of England, 33 H. VIII. c. 27. « all Assents, Elections, Grants and Leases had, made and granted by the Dean, Warden, Provost, Master, President, or other Governor of any Cathedral Church, Hospital, College or other Corporation by whatsoever Name they be incorporate or founded, with the Assent and Consent of the more or greater Part of their Chapiter, Fellows 'or Brethren of such Corporation, having Voices of Assent thereunto, be as good and effectual in the Law to the Grantees and Lessees of the same, as if the Residue or the whole Number of such Chapiter, • Fellows and Brethren of such Corporation, having Voices of Assent, had thereunto consented and agreed: Yet the said Common Laws ⚫ notwithstanding divers Founders of such Deanries, Hospitals, Colleges and Corporations within the said Realm, have upon the Foundation and Establishment of the same Deanries, Hospitals, Colleges ⚫ and other Corporations, established and made, amongst other their peculiar Acts, local Statutes and Ordinances, that if any one of such Corporation, having Power or Authority to assent or disassent, ⚫ should and would deny any such Grant or Grants, that then no such Lease, Election or Grant should be had, granted or leased; and for the Performance of the same, every Person having Power of Assent to the same, have been and be daily thereunto sworn, and so the • Residue may not proceed to the Perfection of such Elections, Grants and Leases, according to the Course of the Common Laws of this No. 2. none shall have a • Realm, unless they should incur the Danger of Perjury:' For the 33 H. VIII. c. 27. Avoiding whereof, and for the due Execution of the Common Law universally within this Realm, and every Place, in one Conformity of Reason to be used; be it ordained, established and enacted, by the Authority of this present Parliament, That all and every peculiar Act, In Corporations Order, Rule and Estatute heretofore made or hereafter to be made by negative Voice. any Founder or Founders of any Hospital, College, Deanry or other Corporation, at or upon the Foundation of any such Hospital, College, Deanry or Corporation, whereby the Grant, Lease, Gift or Election of the Governor or Ruler of such Hospital, College, Deanry or other Corporation, with the Assent of the more Part of such of the same Hospital, College, Deanry or Corporation, as have or shall have Voice of Assent to the same, at the Time of such Grant, Lease, Gift, or Election hereafter to be made, should be in any wise hindered or let by any one or mo, being the lesser Number of such Corporation, contrary to the Form, Order and Course of the Common Law of this Realm of England, shall be from henceforth clearly frustrate, void, Statute. and of none Effect; and that all Oaths heretofore taken by any Person An Oath shall not or Persons of such Hospital, College, Deanry and other Corporation, be observed which shall be, for and concerning the Observance of any such Order, Esta- is contrary to this tate or Rule, deemed void and of none Effect; and that from henceforth no manner of Person or Persons of any such Hospital, College, Deaury or other Corporation, shall be in any wise compelled to take any Oath for the observing of any such Order, Estatute or Rule, upon the Pain of every Person so giving such Oath, to forfeit for every Time so offending, five Pounds; the one Moiety thereof to be to the Use of our Sovereign Lord the King, and the other Moiety thereof to any of the King's Subjects which will sue for the same in any of the King's Courts of Record, by Action of Debt, Bill, Plaint, Information or otherwise, wherein the Defendant shall not be permitted to wage his Law, nor any' Protection nor Essoign, or any other dilatory Plea admitted or allowed. No. 3. 1 & 2 Philip & Mary, c. 17.-An Act touching Leases hereafter to be made by certain Spiritual Persons. c. 17. his Benefice to a HERE in the Parliament begun and holden at Westminster 1 & 2 Ph. & M. the Eighth Day of June, in the Twenty-eighth Year of the So much of the Reign of our late King of famous Memory, HENRY the Eighth, (1) Stat. of 28 H. 8. and there continued and kept until the Dissolution of the same Par- c. 11, as concerneth the ratifying of liament the Eighteenth Day of July next following, one Act a Lease made by a 'entituled, An Act for the Restitution of the First Fruits in the Time Spiritual Person of of Vacation to the next Incumbent, was had and made, wherein are ay Man, for some 'certain Clauses for Leases then made and to be made by Spiritual Years after the and Ecclesiastical Persons, to endure and be in Force for Term of Lessors Resigna six Years, if the Incumbents did resign their said Spiritual Promo- tered tions, or if the same should otherwise become void by the only Act Dyer, 255, pl.7. of the same Incumbents, as by the same Acts more at large may appear: To the Intent the Parsons and Vicars, and others having 'Cure of Souls, may the better attend, and be the more vigilant in in their Ministry and Function:' II. Be it it enacted by the King our Sovereign Lord, and by the Queen our Sovereign Lady, with the Assents of the Lords Spiritual (1) Inserted Part I. Class II. tion or Death, al No. 3. € 17 and Temporal, and the Commons, in this present Parliament assem1 & 2 Ph. & M. bled, and by the Authority of the same, That as much of the same The Stat of 28 Act as doth concern the making good of the said Leases, ne any H 8, c. 11, shall Clause, Sentence, Provision or Article therein contained, shall extend or be construed or adjudged to extend to any Lease that shall be made to be made by Spi. by any Parson, Vicar, or any other having any Spiritual Promotion after the Feast of the Purification of our Lady next coming. not extend to Leases hereafte. ritual PersORS. 1 Eliz c. 19 Leases and other shops Lands. 5 Co. 2. 1 Jac. 1, e. 3. The Quecu im Hands rik, so much of No. 4. 1 Elizabeth, c. 19.-An Act giving Authority to the Queen's Majesty, upon the Avoidance of any Archbishoprick or Bishoprick, to take into her Hands certain of the Temporal Possessions thereof, recompensing the same with Parsonages impropriate and Tenths.* THE HE Lords Spiritual and Temporal and the Commons in this present Parliament assembled, perceiving how necessary it is Assurances of B for the Imperial Crown of this Realm to be repaired with the Resti'tution of Revenues meet for the same, and having assented and fully Cro. Jac. 112.accorded to restore to the same Imperial Crown the First-fruits and Tenths of Parsonages impropriate, for the Increase of the Revenue thereof, be also desirous to devise some good Means, whereby the ⚫ said Revenue of Tenths and Impropriate Benefices might be in the 'Governance and Disposition of the Clergy of this Realm, being most apt for the same, iu such Sort as yet thereby the said Imperial Crown should not be in any wise diminished in the said restored Revenue.' II And therefore beseech your Majesty, That it may be enacted powered to take by the Authority of this present Parliament, in Manner and Form on the AvoLiance bereafter following; that is to say, upon the Vacation and Avoidance of any Bishop of every Archbishoprick or Bishoprick within this your Realin of the i ossess ous as England and Wales, and other your Highness Dominions, it shall and shall be of the may be lawfui for your Highness, to elect and choose, and to take into Value of all the your Hands and Real Possession, as much and so many of any the Queen's Parson Honours, Castles, Manors, Lands, Tenements or other Hereditaments, the being Parcel of the l'ossessions of any such Archbishoprick or BishopBis prick, as ur rick so being void, as the clear yearly Value of all your Majesty's Paraves, &c. to the sonages Appropriate and yearly Tenths within every such Archbishoppromoted Bishop rick or Bishoprick shall yearly amount and extend unto; and for the Tryal of every Value of such Honours, Castles, Manors, Lands, Tenements and Hereditaments, it shall and may be lawful for your Highness from Time to Time, to direct your Letters of Commission under your Highness Great Seal of England into every such Archbishoprick or Bishoprick, so being void, to such Persons as your Majesty shall think meet and convenient, giving them Authority thereby to survey such Honours, Castles, Manors, Lands, Tenements and Hereditaments, Parcel of the Possessions of the same Archbishoprick or Bishoprick so being void, as to your Majesty shall be thought meet and convenient to be taken into your Highness Hands and Possession. and thereupon to certify the very clear yearly Value thereof, over all Charges and Reprises, into your Highness Court of Exchequer, at such Day and Time as by the said Commission shall be limited and appointed; and after such Certificate into the said Court of Exchequer of the clear yearly Value of such Honours, Castles, Manors, Lands, ages appropriate, &c wi-bin tug the Parson It is said, that this is a private Act which must be specially pleaded.-- |