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Ecclesiastical dignitaries, governors of colledges and hospitals may grant antient offices with pensions as accustomed;
and by indenture under seal of office may demise for 21 years, except dwelling houses and demesnes for 40 years past.
Where no lease or estate in being, not to expire in one year;
reserving yearly at peril of lessees the moiety of the true value.
How to be tried.
So much as relates to the commission and certificate repeated 11 G. 2. 15.
No power therein to commit waste.
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II. Provided alwayes neverthelesse, and be it enacted by the authority aforesaid, That shall and may be lawfull unto, and for all and every the said arch-bishops, bishops, deanes, deans and chapters, archdeacons, prebendaries, and other the said dignitaries ecclesiasticall, and likewise unto and for the said masters and governours, and fellows of colledges and hospitalls, to grant any ancient office, concerning their or any of their land, or other their possessions, or concerning the attendance upon their persons or churches, together with all and every the like pensions, annuities, fees, and other profits as were formerly accustomed to be granted, had and enjoyed therewith; and also by their writings indented under their respective seals of office, (a counterpart, whereof shall be entered in the respective register-books of the said archbishops, bishops, deans and chapters, and of the said colledges and hospitals, (for the benefit of succession) from time to time to demise any the lands, or other the hereditaments belonging to their respective churches, colledges and hospitalls, (the dwelling-houses for the most part of forty years, now last past, used for any of their respective habitations, and the demeasne lands thereunto belonging, and therewithall during the said time commonly used and occupied as the demeasnes of the said houses onely excepted) unto any person or persons, for and during the tearme of one and twenty years from the time of the making thereof, whereof or of any part whereof there shall be no other lease or estate then in being, which shall not expire or be ended and determined within the space of one yeare then next comming, upon which lease and leases shall be reserved and continued due and payable unto the said leassors and their successors, during the said estate and tearme of one and twenty years, so much yearly rent or profits, or more, at the perill of the leassees, who shall take the same, as the moyetie of the true value of the said lands, or other hereditaments, (communibus annis) at or immediately before the time of the making of such lease, shall amount unto, as the same shall or may thereafter appeare, either upon a legall tryall between the successor or successors of such leassors, if they shall question the same, and the said leassees, or their assignes, by verdict of twelve indisserent persons at the common-law, or otherwise by the certificate of foure or more honest, equall and indifferent persons, authorized by commission under the great seale of this kingdome to enquire and find the same, and the said certificate approved of by the lord deputic and privy councell of this kingdome, for the time being, which verdict, or certificate so respectively made or given, shall be per-emptory to both parties, and their respective successors and assignees during the said tearme; in which leases or any of them shall be contained, no power, liberty or priviledge for such leassees or their assignees, to commit waste, or to be dispunishable of waste.
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