James the Second, 1685
An Act to Enable His Majestie to make Grants Leases and Copies of Offices Lands and Hereditaments parcell of His Highnesses Dutchy of Cornwall or annexed to the same and for Confirmation of Leases and Grants already made. [Chapter IX. Rot. Parl. nu. 9.]

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History of Parliament Trust

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John Raithby (editor)

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1819

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11-12

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'James the Second, 1685: An Act to Enable His Majestie to make Grants Leases and Copies of Offices Lands and Hereditaments parcell of His Highnesses Dutchy of Cornwall or annexed to the same and for Confirmation of Leases and Grants already made. [Chapter IX. Rot. Parl. nu. 9.]', Statutes of the Realm: volume 6: 1685-94 (1819), pp. 11-12. URL: http://www.british-history.ac.uk/report.aspx?compid=46276 Date accessed: 25 July 2014.


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Reciting that Tenants desire Renewal of Leases; and that Tenants may compound for Discharge of increased Rents.

Whereas many of the Lands belonging to the Dutchy of Cornwall have beene granted by Lease to the Tenants, some for the Terme of one two or three Lives and some for diverse yeares determinable upon one two or three Lives and others for Thirty one yeares or under which Leases are desired to be renewed by many of the said Tenants And whereas severall yeares next following after the happy Restauration of our late Soveraigne Lord King Charles the Second of ever Blessed Memory diverse increased Rents were reserved as well upon the said Leased Lands as upon many Copyhold Estates of the said Dutchy for the improvement of that Revenue whereof the Tenants made complaint to his said late Majestie who was graciously pleased that they might Compound with his Officers for the Discharge of the said increased Rents and be restored to the old Rents formerly paid for their respective Tenements and Lands Now to the end the same may be accordingly effected and the said Tenants may be encouraged to Renew their Leases and Estates and thereby the better enabled to Repaire their Houses and provide for their Families and to improve their Lands holden of the said Dutchy

II. Grants of the Dutchy Lands made by the late King, or within Seven Years next ensuing, good in Law.

Bee it Enacted by the Kings most Excellent Majestie by and with the Advice and Consent of the Lords Spirituall and Temporall and the Commons in this present Parlyament Assembled and by the Authoritie of the same That all Grants made in the time of his said late Majestie or to be made by Copy of Court-Roll according to the Custome of the respective Mannour or Mannours of the said Dutchy or thereunto annexed or belonging and all Leases and Grants soe made by his said late Majestie or made or to be made within Seven yeares next ensueing by Letters Patents or Indentures under the Great Seale of England or Seale of the Court of Exchequer or by Copy of Court Roll according to the Customs of the respective Mannours of any Offices Messuages Parks Lands Tenements or Hereditaments (other then Honours Lordshipps, or Mannours) parcell of the Possessions of the said Dutchy of Cornwall or annexed to the same shall be good and effectuall in Law according to the Purport and Contents of the same Copies Leases and Grants against our said Soveraigne Lord the King his Heires and Successors and against all and every other person and persons that shall at any time hereafter have inherit or enjoy the said Dutchy by force of any Act of Parlyament or by any other Limitation whatsoever.

III. Grant to be for no more than Three Lives or Thirty-one Years on the antient or most usual Rent.

Where no ancient Rent, then a reasonable Rent.

Provided alwayes That every such Lease or Grant soe made or to be made be not made for more then One Two or Three Lives or for Thirty one yeares or under or for some Terme of yeares determinable upon One Two or Three Lives and not above And if such Leases or Grants be made in Reversion or Expectancy That then the same together with the Estates in possession doe not exceede Three Lives or the Terme of Thirty one yeares and not in any wise dispunishable of waste and soe as upon every such Lease shall be reserved the auntient or most usuall Rent or more or such Rent as hath beene reserved yielded or paid for the same Lands for the greater part of Twenty yeares next before the yeare of our Lord One thousand six hundred and sixtie and shall be reserved due or payable to him or her that shall have the Inheritance or other Estate of the said Dutchy And where noe such Rent hath beene reserved or payable That then upon every such Lease there shall be reserved a reasonable Rent not being under the Twentieth part of the cleare yearely value of the Messuages Parks Lands Tenements or Hereditaments contained in such Lease and all Leases and Grants otherwise made or to be made shall be null and void

IV. Covenants, &c. shall bind those in the Reversion.

General Saving, except for the King and Duke of Cornwall.

And bee it further Ordained and Enacted by the Authoritie aforesaid That all Covenants Conditions Reservations and other Agreements contained in every Lease Grant or Copy of Court Roll made or to be made as aforesaid shall be good and effectuall in Law according to the Words and Contents of the same as well for and against them to whome. the Reversion of the same Lands Tenements or Hereditaments shall come as for and against them to whome the Interest of the said Leases Grants or Copies shall come respectively as if Our Soveraigne Lord the Kings Majestie at the time of the makeing of such Covenants Conditions and Reservations and other Agreements were seized of an absolute Estate in Fee-simple in the same Lands Tenements or Hereditaments Saveing alwayes to all and every Person and Persons Bodies Pollitique and Corporate theire Heires and Successors Executors Administrators and Assignes other then to Our said Soveraigne Lord the King and his Heires and the Duke and Dukes of Cornwall for the Time being and his and their Heires and all and every person and persons that shall hereafter have Inherit or Enjoy the said Dukedome of Cornwall by force of any Act of Parlyament or other Limitation whatsoever all such Rights Titles Estates Customs Interests Tenures Claimes and Demands whatsoever of what nature kinde or quality soever of in to or out of the said Offices Lands Tenements or Hereditaments or any of them as they or any of them had or ought to have had before the makeing of this Act to all intents and purposes and in as large and ample manner and forme as if this Act had never beene had or made This Act or any thing herein contained to the contrary notwithstanding.

V. Tenants may compound with Treasury for taking off increased Rents within the next Seven Years.

And bee it further enacted by the Authoritie aforesaid That in case any of the Lease-hold or Copyhold Tenants of the said Dutchy shall at any time within Seven yeares next ensueing Compound or Agree with the Lord High Treasurer of England or the Commissioners of the Treasury for the time being or with any such Person or Persons as the Lord High Treasurer or Commissioners of the Treasury for the Time being shall Authorize Nominate and Appoint for the takeing off and Dischargeing of any increased Rent reserved as aforesaid according to such Rules and Directions as in that behalfe shall be given in Writeing under the Hands of the said Lord Treasurer or Commissioners of the Treasury for the Time being Then upon such Composition soe made and the Money thereby ariseing duely paid to the Receiver-Generall of the said Dutchy according to the Tenor and Contents of such Composition and Agreement and accordingly Inrolled before the Auditor of the Premisses from thenceforth such Increased Rents shall cease and become void and the Old Rent onely or such other Rent as in pursuance of this Act shall be Directed in or by such Composition or Agreement shall be Charged upon all and every such Tenements Lands and other Hereditaments for which such Composition Agreement Payment and Inrollment shall be soe made and none other Any Reservation Condition or other Matter whatsoever to the contrary notwithstanding.