1540.

The King shall have the ma

nors, lands, &c. lately belonging

to the prior and brethren of St. John in England

and Ireland.

A saving of the right of others.

and provided by the statute of provision and pramunire, made in the sixteenth year of King Richard the Second; and if the said John Rauson, knight, or any of his brethren or confreres of the said hospital or house of Kilmainam, in Ireland, or any other person or persons, being members professed of or in the said hospital of Kilmainam, now abiding, and now dwelling within the land of Ireland, at any time after the last day of September next coming, do use or wear within this realm, or within the said land of Ireland, or elsewhere, in or upon any apparel of their bodies, any sign, mark, or token heretofore used and accustomed, or hereafter to be devised for the knowledge of the same religion, or make any congregations, chapters, or assemblies touching the same religion, or maintain, support, use, or defend any manner of liberties, franchises, or privileges heretofore granted to the same, by authority of the Bishop of Rome, or of the see of the same; that then every of them so offending shall incur and run into the pains, forfeitures, and penalties ordained and provided by the said statute of provision and præmunire, made in the said sixteenth year of King Richard the Second.

3. And be it likewise enacted by the authority aforesaid, that if any the knights, or confreres of the said religion, being the King's natural subjects, which now inhabit, abide, and dwell out of any the King's dominions, at any time after the first day of February next coming, do offend in any of the articles or offences next above rehearsed, that then every of them so offending shall incur and run into the said pains, forfeitures, and penalties next above remembered.

4. And be it further enacted by the authority aforesaid, that the King's Majesty, his heirs, and successors, shall have and enjoy all that hospital, mansion-house, church, and all other houses, edifices, buildings, and gardens to the same belonging, being near to the city of London, in the county of Middlesex, called The House of St. John's of Jerusalem in England; and also all that hospital, church, and house of Kilmainam, in the land of Ireland, and all and singular castles, honours, manors, meases, lands, tenements, rents, reversions, services, woods, meadows, pastures, parks, warrens, liberties, franchises, privileges, parsonages, tithes, pensions, portions, knights' fees, advowsons, commandries, preceptories, contributions, responsions, rents, titles, entries, conditions, covenants, and all other possessions and hereditaments, of what natures, names, or qualities soever they be, and wheresoever they be or lie within this realm of England, or within the land of Ireland, or elsewhere within the King's dominions, which appertained or belonged to the said religion, or to the priors, masters, or governors, knights, or other ministers professed of or in the same, by the pretence, or in the right of the said religion, and all and singular goods, chattels, debts, arrearages of rents and farms, and all other things real and personal, whatsoever they be, whereof or whereunto any of the said priors, brethren, or confreres, or persons professed in the said religion, can have, or claim any particular propriety to their own proper use, by the rules and statutes of the said religion; to have and to hold the premises, and every of them, to our said Sovereign Lord, and to his heirs and successors for ever, to use and employ, by his most excellent wisdom and discretion, at his own free-will and pleasure; and that his Highness shall be deemed and adjudged in the real and actual possession of the premises, by virtue and authority of this present act; saving to all persons, and bodies politic, their heirs and successors, and the heirs and successors of every of them (other than the said prior of St. John's of Jerusalem in England, and the said prior of Kilmainam in the land of Ireland, and the brethren or confreres of every of them, and the successors of every of them, and all and every other person and persons of the said religion, and their successors, and every of them, and the successors of every of them), all such right, title, interest, possession, leases, grants, annuities, fees, offices, corrodies, reversions, rents, and services, rentcharges, commons, rights, titles, entries, actions, petitions, pensions, portions, and all other hereditaments, of what names, natures, or qualities soever they be, which they have, should, or ought to have had, if this act had never been had ne made any thing in this act to the contrary thereof notwithstanding.

32 H. 8. c. 28.

Lessees to enjoy Farms against Tenants in tail, &c.

1540.

WHERE great number of the King's subjects have heretofore taken Leases made by

es.

leases of lands, tenements, and other hereditaments, for term of years, tenants in fee or and divers of them for term of lives, and have given and paid great fines and fee-tail, in the great sums for the same, and also have been at great costs and charges, as well right of their in and about great reparations and buildings upon their said ferms, as otherwise wives or churchconcerning their said ferms; yet notwithstanding the said fermors, after the deaths or resignations of their lessors, have been, and be daily with great cruelty expulsed, and put out of their said ferms and takings, by the heirs or successors of their said lessors, or by such persons as have interest therein after the deaths or resignations of their said lessors, by reason of privy gifts of intail, or for that the lessors had nothing in the lands, tenements, or other hereditaments so letten, at any time of the leases thereof made, but only in the right of their wives, or such other like cause, to the great impoverishment, and in manner utter undoing of the said fermors. For reformation whereof, be it or- Leases made by dained, established, and enacted, by the King our Sovereign Lord, the Lords tenant in tail, spiritual and temporal, and the commons, in this present parliament assembled, or by him who and by authority of the same, that all leases hereafter to be made of any ma- right of his wife, nors, lands, tenements, or other hereditaments, by writing indented under seal for term of years, or for term of life, by any person or persons being of full age of twenty-one years, having any estate of inheritance either in fee-simple or in fee-tail, in their own right, or in the right of their churches or wives, or jointly with their wives, of an estate of inheritance made before the coverture or after, shall be good and effectual in the law against the lessors, their wives, 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 see-simple thereof to their own only uses.

is seised in the

or church, &c.

made by tenant in tail, or of the

wife's land.

2. Provided always, that this act, or any thing contained, shall not extend Leases to be to any leases to be made of any manors, lands, tenements, or hereditaments, being in the hands of any fermor or fermors, by virtue of an old lease, unless the same old lease be expired, surrendered, or ended within one year next after the making of the said new lease; 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 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, from the day of making thereof; and that upon every such lease there be reserved yearly during the same lease, due and payable to the lessors, their heirs, and successors, to whom the same lands should have come after the deaths of the lessors, if no such lease had been 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, and hereditaments so to be letten within twenty years next before such lease thereof made; and that every such person and persons, to whom the reversions of such manors, lands, tenements, or hereditaments, so 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 estate tail of the same hereditaments at the time of such lease, that the issue or heir of that special estate shall have the reversion,

rents,

1540.

Leases made by husband and wife, of the wife's land.

Leases of ferms.

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.

3. Provided always, that the wife be made party to every such lease which hereafter shall be made by her husband of any manors, lands, tenements, or hereditaments, being the inheritance of the wife; and that every such lease be made by indenture in the name of the husband and his wife, and she to seal to the same; and that the ferm and rent be reserved to the husband and to the wife, and to the heirs of the wife, according to her estate of inheritance in the same; and that the husband shall not in any wise aliene, discharge, grant, or give away the same rent reserved, nor any part thereof, longer than during the coverture, without it be by fine 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.

4. Provided also, that this act extend not to give any liberty or power to any person or persons to take any more ferms, leases, or takings of any manors, lands, tenements, or other hereditaments, than he or they should or might Leases of par- 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.

sonages or vicarages.

Leases made

before the sta

persons, and upon certain conditions.

5. And furthermore be it enacted by authority aforesaid, that all leases at any time within the space of three years next before the twelfth day of April, tute by certain in the thirty-first year of our Sovereign Lord the King's reign, made by writing indented under seal, by any person or persons of full age, of whole memory, not unlawfully coarcted, nor being covert baron, for term of years, of any manors, lands, tenements, or other hereditaments, whereof the lessor or lessors were seised 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 nor effect than they were before the making of this present act.

Fine, &c. by the husband only of the

wife's land shall not prejudice her or her heirs.

Leases made by the husband and the wife of the

6. And moreover for certain consideration be it enacted by authority aforesaid, that no fine, feoffment, or other act or acts bereafter to be made, suffered, or done by the husband only, of any manors, lands, tenements, or hereditaments, being the inheritance or freehold of his wife, during the coverture between them, shall in any wise be or make any discontinuance thereof, or be prejudicial or hurtful to the said wife, or to her heirs, or to such as shall have right, title, or interest to the same by the death of such wife or wives; but that the same wife, or her heirs, and such other to whom such right shall appertain after her decease, shall and may then lawfully enter into all such manors, lands, tenements, and hereditaments, according to their rights and titles therein, any such fine, feoffment, or other act to the contrary notwithstanding; fines levied by the husband and wife (whereunto the said wife is party and privy) only except.

7. Provided furthermore, that this clause or act extend not to give any liberty to any such wife, or to her heirs, for to avoid any lease hereafter to be made of any inheritance of the wife by her husband and her for term of one

and

and twenty years, or under, or 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.

1540.

inheritance of

the wife.

ed of treason.

8. Provided also, that this act extend not to make good any lease or leases Leases made by heretofore made by any ecclesiastical person or persons by their convent or Ecclesiastical common seal, which be made void or taken away by authority of any act of persons attaintparliament 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 convent 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.

IN

37 H. 8. c. 4.

A Bill for Colleges, Chantries, &c.

(See 1 E. 6. c. 14. in which this Statute is recited.)

1545.

N their most humble wise shewn unto your Royal Majesty, your loving sub- That all chapels, jects, the Lords spiritual and temporal, and the commons, of this present &c. shall be in the King's disparliament assembled, that where there have been divers colleges, free chapels, position. chantries, hospitals, fraternities, brotherhoods, guilds, and stipendary priests, having perpetuity for ever within this your realm of England, Wales, and the Marches of the same, of which some of them by the license of your gracious Highness, or of your noble progenitors, and some of them by feoffments and wills thereupon declared, and some of them by other devices, conveyance, and assurance, have been incorporated, established, founded, erected, had, or made by divers names, surnames, degrees, and corporations, to have had a perpetual continuance for ever; sithence which time divers and many of the donors, founders, or patrons, or such as pretend to be donors, founders, or patrons of the same colleges, free chapels, chantries, hospitals, fraternities, brotherhoods, guilds, and stipendary priests, and divers other of their avaricious and covetous minds, and of their own authority, without your gracious license, have of late entered into the mansion houses, manors, lands, tenements, and other hereditaments, to the same colleges, free chapels, chantries, hospitals, fraternities, brotherhoods, guilds, and stipendary priests belonging and appertaining, and have expulsed the priests, wardens, masters, ministers, rulers, governors, and incumbents of the same, out and from the possession thereof, and they, their heirs, and assigns, do occupy and enjoy the said mansion houses, manors, lands, tenements, and hereditaments, and do receive, take, and employ, and convert the rents, issues, revenues, and profits of the same to their own proper uses. some of the said priests, wardens, masters, ministers, rulers, governors, and incumbents of the premises, by covin between them and the patrons, donors, or founders of the same, or of such as pretend to be patrons, donors, or founders of the same, or other, have also of their own authority, without your grace's license, bargained and sold all or part of their manors, lands, and tenements annexed, united, pertaining, or belonging to their said colleges, free chapels, chantries, hospitals, and other the said promotions: and some of the said priests, wardens, masters, ministers, rulers, governors, and incumbents, by the assent and consent of their patrons, donors, founders, or such other as have had interest in the same. And some of the said priests, rulers, governors, and incumbents, of their own authority, without the assent of their patrons, donors, or founders, or of such other as have had interest in the same, have now of late made leases for term of life or lives, or for term of years, of their said free chapels, chantries, hospitals, fraternities, brotherhoods, guilds, or other the said promotions, or of the manors, lands, tenements, and other the premises, or of

And

part

1545.

Several causes of the King's

great expenses

and charges.

All colleges, chantries, hospitals, &c. having continuance

for ever, and all

their manors, lands, and here ditaments given to the King.

part thereof, and have not reserved the customable rent and farm that the same has been used to be letten for; and some of them by covin have suffered recoveries, levied fines, and made feoffments and other conveyances of all or part of their said possessions, by reason whereof divers of the said free chapels, chantries, hospitals, and other promotions abovesaid, been clearly dissolved, extinct, or determined, contrary to the wills, minds, intents, and purposes of the founders, donors, or patrons of the same, and to the great contempt of your majesty, and of your authority royal. And we your grace's most loving, humble, and obedient subjects right well knowing and perceiving the exceeding great and inestimable charges, costs, and expenses which your majesty hath had and sustained, and daily doth sustain, as well for the maintenance of these present wars against the realms of France and Scotland, and for the preservation and defence of us your said subjects, against the invasions and malice of your enemies the Frenchmen and Scots (who daily do study, devise, and attempt to grieve, annoy, and hurt your said subjects), as also for the maintenance of your most royal estate, honour, dignity, and estimation, which all your said loving subjects of natural duty been bound to conserve and increase by all such ways and means as they can devise, do therefore with our whole voice, petition, and intercession most humbly beseech your majesty, that it may be enacted, ordained, and established by your highness, with the assent of the Lords Spiritual and Temporal, and the Commons, in this present parliament assembled, and by the authority of the same, in manner and form following, that is to say:

2. Be it enacted by the King our Sovereign Lord, with the assent of the Lords Spiritual and Temporal, and of the Commons, in this present parliament assembled, and by the authority of the same, That all and singular the said colleges, free chapels, chantries, hospitals, fraternities, brotherhoods, guilds, and other the said promotions had or made to have continuance in perpetuity for ever, and being, or that hath or ought to be contributary or chargeable to the payment of the first-fruits and tenths, according to the laws and statutes in that behalf had and made, by what name, surname, degree, or corporation they or any of them were founded, ordained, established, erected, named, called or known, and all and singular the mansion-houses, manors, orchards, gardens, lands, tenements, pasture, woods, waters, rents, reversions, services, commons, tithes, pensions, portions, churches, chapels, advowsons, nominations, patronages, annuities, rights, interests, entries, conditions, leets, courts, liberties, privileges, franchises, and other hereditaments whatsoever they be, appertaining or belonging, or that did appertain or belong, or were assigned or appointed to any college, free chapel, chantry, hospital, fraternity, brotherhood, guild, stipendary priests, or other the said promotions, or to any of them, or accepted, known, or taken as part, parcel, or member of them, or any of them, and to the said colleges, chantries, free chapels, hospitals, fraternity, brotherhood, guild, stipendary priests, or other promotions, or to any of them united or annexed, which between the fourth day of February, in the seven-and-twentieth year of the reign of the said sovereign lord the King, and the five-and-twentieth day of December, in the seven-and-thirtieth year of the said King's reign, by reason of any such entry, expulsion, bargain, sale, feoffment, fine, recovery, lease, or other conveyance thereof had or made, been dissolved, determined, relinquished, or extincted by any of the ways, means, or conveyances aforesaid, or otherwise, other than such of them as now be or were in the possession of our said Sovereign Lord the King, or that been granted or assured by his highness license, agreement, consent or letters-patent, to any other person or persons, or have been lawfully obtained or recovered by any person, by any former right or title, without fraud or covin, or by the king's license, shall from henceforth (by.authority of this act) be adjudged and deemed, and also be in the very actual and real possession and seisin of the King our Sovereign Lord, and of his heirs and successors for ever, in as large and ample a manner as the said priests, wardens, masters, ministers, governors, rulers, or other incumbent, or any of them, or the patrons, donors, or founders of them, or any of them, and at any time sithence the said fourth day of February, in the seven

and