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ECCLESIASTICAL LANDS ACT 1634
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CHAP. III.
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An Act for Preservation of the Inheritance, Rights and Profits of Lands belonging to the Church and Persons Ecclesiasticall,
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1 Eliz. 19. Eng.
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13 Eliz. 10. Eng.
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18 Eliz. 11. Eng.
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12 G. l. 10.
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1 G. 2. 15.
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Conveyances, lenses, charges, by ecclesiastical persons, void.
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FOR the preservation and continuance of all and every the mannors, lands, tenements, franchises, liberties, profits and hereditaments, unto the arch-bishops, bishops, deanes and chapters of the cathedrall and collegiat churches, arch-deacons, prebendaries, and other dignitaries ecclesiasticall, parsons, vicars, and likewise unto the masters or governours, and fellows of colledges, and masters and guardians of hospitalls, according to the true intent and meaning of the originall foundations thereof, without detriment, spoyle or prejudice; be it enacted by our soveraigne lord the King, with the assent of the lords spirituall and, temporall, and commons in this present Parliament assembled, and by authority of the same, That all seoffments, guists, grants, leases, alienations, conveyances, estates, charges and incumbrances at any time or times, from and after the first day of June now last part, made or done, or to be made, done, committed or suffered by any of the said arch-bishops, bishops, deanes and chapters, arch-deacons, prebendaries, or other the said dignitaries ecclesiasticall, parsons, vicars, masters and governors, and fellowes of colledges, and masters, guardians, or other governours of hospitals or any of them, of any mannors, lands, tenements, or other hereditaments, being any parcell of the possessions of any such arch-bishop, bishop, deane, deane and chapter, chapter, prebend, dignitary, parson, vicar, colledge, cathedrall or collegiat church, or hospitall, or any wayes belonging to the same, or to any of them, (other than such leases and grants as hereafter in this present act, or in any other act made or to be made in this present Parliament, are or shall be expressed and authorised to be made) shall be utterly void and of none effect, to all intents, constructions and purposes; any law, custome or usage, or other thing whatsoever to the contrary notwithstanding.
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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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By licence of the governor and council, leases for necessary building fortresses, &c. may be made longer than 21 years.
And in consideration of re-assignment or surrender or fee-farms and long leases, and upon further improvement of the rent, leases for sixty years or under may by licence be made.
14 Elis. 11.
Leases for forty years under like valuable rent may be of houses and curtilages in cities and towns, so as not their dwelling houses, &c.
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III. Provided neverthelesse, that it shall and may be lawfull unto and for the said archbishops, bishops, deans, chapters, arch-deacons, prebendaries, and other the said dignitaries ecclesiasticall, and their successors, and unto the said masters and governours, and fellowes of colledges and hospitalls, and to their successors or any of them, by the licence of the lord deputie, or other chief govenour or governours of this kingdome, and councell of state of this kingdome for the time being, to make leases for a longer tearme or time, then one and twenty years, of any their lands or grounds fit for the necessary building of castles, fortresses, or other houses of strength, in places convenient and requisite, for the good of this realme, and the defence thereof, for such tearme and time, and in such fort as shall be thought fit by the King’s Majesty or the lord deputy, or other the said chief governour or governours of this kingdome and councell of state for the time being; and likewise whereas there are, and of late times hath been sundry feefarms and long leases in being, of divers manors, lands, tenements and hereditaments formerly belonging to the said arch-bishops, bishops deans, chapters, arch-deacons, prebendaries, and other the said dignitaryes ecclesiasticall, parsons, vicars, and likewise unto the said colledges and hospitalls, that it shall and may be lawfull unto and for them, and every of them, for and in consideration of the re-assignment, surrender, and taking in of any such fee farmes, leases, or estates, and upon further improvement of the yearly rents and profits thereof, to be reserved and payed to them and their successors, by and with the licence and approbation of the lord deputy, or other chief governour or governours, and councell of state of this kingdome for the time being, to make any lease or leases for the tearme of sixtie yeares or under of such feefarm lands and of such leased lands, for the like tearme, or for fewer years, if the said leases in being were for fewer years ; and Iikewise that it shall and may be lawful unto and for any the spiritual persons, colledges and hospitalls before mentioned, by their like writings indented, sealed, entred and enrolled as aforesaid, to make any lease or leases for and during the tearme of forty years, under the like valuable rent as is afore expressed, of all or any their houses belonging to their churches, colledges or hospitals, and of the curtilages appertaining to the same, which are scituate within any city, towne-corporate, or market-town of this kingdome, so as the same be not of any their mansion or dwelling-houses, or of any part thereof, or of any the curtilages, gardens, or orchards belonging thereof.
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The rents to continue payable during the term, and not be aliened to prejudice of succcssors.
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IV. And be it enacted as aforesaid, That all and every the rents, and yearly profits above reserved, or in and by this act limitted and appointed to be reserved, upon the making of all and every the leases above mentioned, immediately from and after such lease and leases, reservation and reservations made, shall by vertue of this act continue due and payable unto the said leassors, and their successors, during the said respective leases and tearmes, and shall by no means be aliened, released, or discharged to the prejudice of the successors of such leassors or any of them.
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Not to extend to restrain the primate, who may lease as in his letters patent.
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V. Provided alwayes, That this act, nor any thing therein contained, shall not restrain the most reverend father in God, James lord archbishop of Armagh, primate and metropolitane of all Ireland, but that he may make such leases, and for such tearmes as are mentioned in his Majesties letters patents to him heretofore granted in that behalfe ; any thing in this act contained to the contrary notwithstanding.
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