diffenting from the church of England, from the penalties of certain laws; and for supplying the defects thereof; and for the further fecuring the proteftant fucceffion, by requiring the practifers of the law in North Britain to take the oaths and fubfcribe the declaration therein mentioned;) and the justices of the peace at the general feffion of the peace to be holden for the county or place where any proteftant diffenting minifter fhall live, are hereby required to tender and administer the faid laft-mentioned decla ration to such minifter, upon his offering himself to make and subscribe the fame, and thereof to keep a register; and such minister shall not give or pay, as a fee or reward to any officer or officers belonging to the court aforefaid, above the fum of fixpence for his or their entry of fuch mininfter's making and fubfcribing the faid laft-mentioned declaration, and taking the oaths, and making and fubfcribing the declaration against popery, required by the said act, made in the first year of the reign of King William and Queen Mary, to be taken, made, and subscribed by proteftant diffenting minifters; nor above the fum of fixpence for any certificate thereof to be made out and figned by the officer or officers of the faid court; and every fuch per- and shall be fon, qualifying himself as aforefaid, fhall be exempted from exempted from ferving ferving in the militia of this kingdom; and shall alfo be ex- in the militia, empted from any imprisonment, or other punishment, by vir- and from any tue of an act, made in the thirteenth and fourteenth years of the punishment by reign of King Charles the Second, intituled, An act for the uni- virtue of the formity of publick prayers, and adminiftration of facraments, and other formity, &c. rites and ceremonies; and for eftablishing the form of making, ordaining, and confecrating, bishops, priests, and deacons, in the church of England; or by an act made in the fifteenth year of the fame reign, intituled, An act for relief of fuch perfons as by fickness, or other impediment, were disabled from fubfcribing the declaration in the act of uniformity, and explanation of part of the said act; for preaching or officiating in any congregation of proteftant diffenters, for the exercise of religion permitted and allowed by law. act of uni themselves as II. And be it further enacted by the authority aforefaid, Diffenters, That no diffenting minifter, nor any other proteftant diffenting qualifying from the church of England, who fhall take the aforefaid oaths, aforefaid, aland make and fubfcribe the above-mentioned declaration against lowed to inpopery, and the declaration herein-before mentioned, fhall be ftruct youth. profecuted in any court whatsoever, for teaching and inftructing youth as a tutor or fchool-mafter; any law or ftatute to the contrary, notwithstanding. fchool of III. Provided always, That nothing in this contained fhall No diffenter extend, or be construed to extend, to the enabling of any per- to hold the fon diffenting from the church of England to obtain or hold the mastership of mastership of any college or fchool of royal foundation, or of any college of any other endowed college or fchool for the education of youth, royal foununless the same fhall have been founded fince the first year of dation, &c. the reign of their late majefties King William and Queen Mary, for the immediate use and benefit of proteftant diffenters. IV. And whereas it hath been doubted whether the faid act, made The faid act in Gul.& Mar. S 3 and this act, to be deemed publick acts. ܕ܂ in the first year of the reign of King William and Queen Mary, be a publick or private act; be it enacted and declared, That the said act, and also this prefent act, shall be adjudged, deemed, and taken to be publick acts; and shall be judicially taken notice of as such, by all judges, justices, and other persons whomfoever, without fpecially pleading them, or either of them. CA P. XLV. An act to enable the chancellor and council of the duchy of Lancaster to fell and difpofe of certain fee-farm rents, and other rents, and to enfranchise copyhold and customary tenements, within their furvey, and to encourage the growth of timber on lands held of the faid duchy. Preamble. W fecond year of the reign of his late majesty King Charles the WHEREAS by an act of parliament, passed in the twenty Recital of two acts 22 and 23 Car, 2; fecond, intituled, An act for advancing the fale of fee-farm rents and other rents; and by anothor act, passed in the twenty-fecond and twenty-third years of the fame king, intituled, An act for vefting certain fee-farm rents, and other finall rents, in trustees; or one of them, all the fee-farm rents, rents fervice, rents feck or dry rents, chantry rents, guild rents, caftle guard rents, and other rents, within the furvey of the duchy of Lancaster, due and payable to the faid late King, his heirs and fucceffors, (except as therein mentioned) were vefted in certain trustees, and their heirs, with powers for them to make fale thereof, for the benefit of the faid King, his heirs and fucceffors, with a provifo therein contained, that until sale should be made of the faid rents by the faid trustees, the King's receivers should collect and reand of an act ceive the fame: and whereas, by an act of the first year of the reign 1 Anna. of her late majesty Queen Anne, intituled, An act for the better fupport of her Majefty's household, and of the honour and dignity of the crown, divers wholesome provifions were made for the preservation, improvement, and increase of the land revenues of the crown, and for preventing the alienation of any manors, messuages, lands, tenements, rents, tythes, woods, or other hereditaments, belonging to her faid late Majefty, her heirs or fucceffors, with a provifo therein contained, that the faid act should not disable the truflees for Sale of fee-farm and other rents, to execute any the trufts of the faid feveral acts of parliament herein-before mentioned: and whereas feveral of the faid rents within the furvey of the faid duchy of Lancaster were fold under the faid authority fo given to the faid trustees, but the refidue thereof, confifting of many small rents, arifing and payable in divers counties, remain unfold, the collecting and payment whereof is not only chargeable to the crown, but is troublesome and inconvenient to the fubject; but forafmuch as the faid trustees, who were fix in number, are all long fince dead, and it has not been difcovered which of them was the furvivor, or who is or are the heir or heirs of fuch furvivor, or in whom the legal estate in the faid unfold rents is now vefted, for which reafons no complete fale thereof can be effected, nor a good title made thereto, without the further aid of parliament: And whereas the King's majefty is feifed to himself, his heirs and fucceffors, as parcel of the poffeffions of the faid duchy of Lancaster, of divers honours, ma nors nors, and lordships, within which are divers tenants holding of his Majefty customary or copyhold meffuages, lands, and tenements, parcel of the faid honours, manors, or lordships, in respect of which faid messuages, lands, and tenements, the faid tenants are fubject, upon defcent or alienation thereof, to the payment of fines, either arbitrary or certain, heriots, reliefs, and other dues, according to the refpective customs of the faid honours, manors, or lordships, over and befides the yearly quit rents iffuing and payable thereout: and whereas it would tend greatly to the relief of the said tenants, and to the improvement of their refpective eftates, if the fame could be enfranchised and discharged from the faid burthens incident to their respective tenures; but the fame cannot be done without the aid of parliament: Be it therefore enacted by the King's moft excellent majefty, by and with the advice and confent of the lords fpiritual and temporal, and commons, in this prefent parliament affembled, and by the authority of the fame, That fo much of the faid feveral recited acts of the twen- Part of the ty-second year of the reign of King Charles the second, and the recited acts twenty-second and twenty-third years of the reign of the fame repealed. King, as relates to or concerns any fee-farm rents, or other rents whatsoever, remaining unfold by the faid trustees, and now in the furvey or receipt of the duchy of Lancaster, or the officers thereof, or to the appropriation of the money to arife by any fale or fales thereof; and allo so much of the faid recited act of the first year of the reign of her late majesty Queen Anne, as relates to or concerns any manors, meffuages, lands, tenements, or hereditaments, within or parcel of the honours, manors, or lordships of the faid duchy of Lancaster, now held by copy of court-roll, or being of the nature of copyhold or of customary tenure, or to any fines payable to his Majefty, his heirs or fucceffors, upon defcent or alienation of the fame, fhall be, and the fame is hereby repealed. trustees, to II. And be it further enacted by the authority aforefaid, That Fee farm all and fingular the faid fee-farm rents, and other rents, what- rents, &c. foever, remaining unfold by the faid trustees as aforefaid, and remaining unnow in the furvey or receipt of the faid duchy, or the officers fold by the thereof, fhall be, and the fame are hereby declared to be, in the be in the pofactual feifin and poffeffion of our fovereign lord the King, his feffion of his heirs and fucceffors, as parcel of the poffeffions of his faid duchy Majesty, &c. of Lancaster, in as full and ample manner, to all intents and purposes, as if the faid recited acts had not been made. III. And be it further enacted, That it fhall and may be law- Chancellor ful to and for the chancellor and council of the duchy of Lancaster and council for the time being, to sell and dispose, and thereupon to grant of the duchy and affure, in the name of the King's majefty, his heirs and fuc- of Lancaster impowered to ceffors, under feal of the faid duchy, unto or to the ufe of the fell the faid respective purchasers of the faid rents, and to their heirs for fee-farm ever, all and fingular fee-farm rents, rents fervice, rents feck or rents, &c. dry rents, quit rents, chantry rents, guild rents, and other rents, due and payable to the King's majesty, as parcel of the poffeffions of his faid duchy, and now being within the furvey and receipt of the faid duchy, and the officers of the fame, at and for such but not for less than 25 years purchase. Owner of the lands where out the rents are payable, to be preferred in the purchase thereof. Form of grants. confiderations in money as the faid chancellor and council fhall think fit, not being lefs than after the rate of twenty-five years purchase of the grofs amount of any fuch rent or rents; and that the feveral grants and affurances of any fuch rent or rents, to be fo made under the feal aforefaid, being inrolled in the court of the duchy chamber of Lancaster, within twelve calendar months next after the refpective dates thereof, fhall be good, valid, and effectual in the law, unto the refpective grantees and their heirs, and that all and every perfon and perfons, bodies politick and corporate, his and their heirs, fucceffors, and af figns, having and taking any fuch grant or affurance, and caufing the fame to be inrolled as aforefaid, fhall, by force and virtue of this act, be adjudged to be in the actual feifin and poffeffion of the rent or rents fo purchased and conveyed, and fhall hold and enjoy the fame in perfect peace, freed and discharged of and from all claims and demands which can or may be made by his Majesty, his heirs and fucceffors, or by any person or perfons claiming any eftate, right, or interreft, by, from, or under, the faid trustees, or the furvivor of them, and of and from all manner of incumbrances what foever, heretofore had or charged upon the fame rents, and as fully and amply as his Majefty, his heirs or fucceffors, or the faid truftees, or the furvivor of them, or his heirs, might or could have held or enjoyed the fame; and hall have and enjoy, under their faid respective purchases, all and every the benefits and advantages for the recovery thereof, and the arrears thereof, as are or were given or allowed to purchafers of any rent or rents in and by the faid act of the twentyfecond year of King Charles the fecond, and by the faid other act of the twenty-fecond and twenty-third years of the fame King, and in as large and ample manner and form as if fuch purchafers had purchafed the faid rents under the trustees appointed or authorised in and by, or under and by virtue of the powers contained in the faid acts, or either of them. IV. Provided always, and be it enacted, That the immediate owner of the lands and hereditaments whereout any of the faid rents are due, payable, or iffuing, fhall be preferred in the purchafe thereof refpectively before any other, fo as fuch immediate owner shall pay and difcharge all arrears of rent due from him or her, and tender himself or herself in perfon, or by his or her agent, to the said chancellor and council, to contract for the purchafe thereof, and fhall perfect his or her contract, and pay the purchase money into the hands of the receiver-general of the revenues of the said duchy, on or before the fixth day of November, one thousand feven hundred and eighty, at fuch rate as fhall be agreed upon, not being less than twenty-five years purchase, as aforefaid. V And be it further enacted, That all fuch grants and affurances fhall and may be made in the following form of words, as or nearly thereto as may be; (that is to say,) GEORGE EORGE the third, by the grace of God, of Great Britain, or rents,] iuing and payable out of the leffee,] for a term of will expire on or about leafe will expire. In witness whereof, &c. enfranchise VI. And be it further enacted, That it fhall and may be lawful Chancellor to and for the faid chancellor and council to treat and contract, on and council the part of his Majefty, his heirs and fucceffors, with any perfon of the duchy or perfons, holding any meffuages, lands, tenements, and here- impowered to ditaments, by copy of court-roll, or being of the nature of copy- lands, tenehold, or of customary tenure, or for which any fine is payable ments, &c. to his Majefty, his heirs or fucceffors, on defcent or alienation, which are within and parcel of any of the honours, manors, or lordships of the faid duchy of Lancaster, for the enfranchisement thereof, and for discharging the fame, and all and every the prefent and future owners and tenants thereof, and their heirs, from the payment of all customary fines, fines of ingrefs, and other fines, heriots, reliefs, quit rents, and other dues and payments, to which, by the refpective cuftoms of fuch honours, manors, or lordships, they are now or would hereafter otherwife be fubject and liable, at and for fuch prices and confiderations in money to be paid for the fame, and upon fuch terms and conditions, as fhall be agreed upon by and between the faid chancellor and council, and the perfon or perfons holding fuch meffuages, lands, tenements, and hereditaments; and thereupon to convey and affure fuch refpective meffuages, lands, tenements, and hereditaments, in the name of the King's majesty, his heirs and fucceffors, under the feal of the faid duchy, to fuch perfon or persons, and their heirs respectively, to be holden to fuch person or perfons, and their heirs refpectively, for ever, as 7 of |