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education of youth and students in art and faculties, to have perpetual duration, and that it should be called the College of the Holy and undivided Trinity, near Dublin; and ordained, that it should be a body politic and corporate with perpetual succession, and should consist of a Provost, three Fellows, and three Scholars; and having appointed the first Provost, directed, that as often as the place of Provost should become vacant, it should be lawful for the said Fellows and their successors, or the greater part of them, to elect a Provost within three months; and granted, that the said Provost, Fellows, and Scholars, should be persons capable in law of acquiring lands to them and their successors, (except as therein is excepted,) for the support and maintenance of the said college, and of the Provost, Fellows, and Scholars; and that they might have a common seal for doing their business, according to the tenor and intention of the said letters patent, in such manner as the Provost, and the greater part of the senior Fellows should think proper.
By an act of parliament made in Ireland, 10thand 11th Charles I. intitled, An act for preservation of the inheritance, rights, and profits of lands belonging to the church, and persons ecclesiastical, it is enacted,
That all feoffments, gifts, grants, leases, alienations, conveyances, estates, charges, and incumbrances, at any time or times from and after the 1st day of June then last past, made or done, committed or suffered by any Archbishops, Bishops, Deans and Chapters, Archdeacons, Prebendaries, or other dignitaries ecclesiastical, Parsons, Viears, Masters, and Governors and Fellows of colleges, and Masters, Guardians, or other Governors of hospitals, or any of them, of any manors, lands, tenements, or other hereditaments, being any parcel of the possessions of any such Archbishop, Bishop, Dean, Dean and Chapter, Archdeacon, Prebend, Dignitary, Parson, Vicar, college, cathedral, collegiate church or hospital, or any ways belonging to the same or any of them, (other than such leases and grants as after in the said act, or in any other act made or to be made in the then present parliament, were or should be expressed or authorised to be made,) should be utterly void and of none effect, to all intents, constructions, and purposes; any law, custom or usage, or any other thing whatso-[519]-ever to the contrary notwithstanding. Provided always nevertheless, that it should and might be lawful to and for all and every the said Archbishops, Bishops, Deans, Deans and Chapters, Archdeacons, Prebendaries, and other the said dignitaries ecclesiastical; and likewise to and for the said Masters and Governors, and Fellows of colleges and hospitals, by their writings, indented under their respective seals of office, (a counterpart whereof should be entered into the respective register books of the said Archbishops, Bishops, Deans and Chapters, and of the said colleges and hospitals, for the benefit of succession,) from time to time to demise any of the lands, or other the hereditaments belonging to their respective churches, colleges, and hospitals, (their dwelling houses and demesne lands only excepted,) unto any person or persons, for and during the term of twenty-one years from the time of making thereof, whereof, or for any part whereof, there should be no other lease or estate then in being, which should not expire or be ended and determined within the space of one year then next coming; upon which lease and leases should be reserved, and continued due and payable unto the said lessors, and their successors, during the said term of twenty-one years, so much yearly rent or profit, or more, at the peril of the lessees who should take the same, as the moiety of the true value of the said lands or other hereditaments (communibus annis) at or immediately before the time of making such lease, should amount unto, as the same should or might thereafter appear, either upon a legal trial between the successor or successors of such lessors, if they should question the same, and the said lessees, or their assignees, by verdict of twelve indifferent persons at the common law, or otherwise by the certificate of four or more honest, equal, and indifferent persons authorised by commission under the great seal of Ireland, to inquire and find the same, and the said certificate approved of by the Lord Deputy and Privy Counsel of that kingdom for the time being; which verdict or certificate, so respectively made or given, should be peremptory to both parties, and their respective successors and assignees, during the said term; in which leases or any of them, should be contained no power, liberty, or privilege, for such lessees or their assignees, to commit waste, or to be dispunishable of waste.
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