Statutes of the Realm: Volume 5, 1628-80. Originally published by Great Britain Record Commission, s.l, 1819.
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Reasons for passing this Act.
Whereas many of the Lands belonging to the Dutchy of Cornwall have beene granted by Lease to the Tennants 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 Tennants; And whereas of late yeares diverse increased Rents have beene reserved aswell upon the said leased Lands as upon many Copyhold Estates of the said Dutchy for the Improvement of that Revenue, whereof the Tennants have complained to the Kings Majestie who is gratiously pleased that they may compound with his Officers for the Discharge of the said increased Rents and be restored to be old Rents formerly paid for their respective Tenements and Lands; Now to the end the same may be accordingly effected, and the said Tennants 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. Bee it enacted by the King's most Excellent Majestie by and with the advice and consent of the Lords Spirituall and Temporall and Commons in this present Parlyament assembled and by authoritie of the same That all Grants made 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 made or to be made within three yeares next ensueing by our said Soveraigne Lord the King by Letters Patents or Indentures under the Great Seale of England, or the Seale of the Court of Exchequer of any Offices, Parkes, Lands Tenements or Hereditaments other then Honours Lordshipps or Mannours parcells of the Possessions of, or annexed or belonging to the said Dutchy of Cornwall, shall be good and effectuall in Law according to the purport & [contents (fn. 1) ] of the same Copyes 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 inherite or enjoy the said Dutchy by force of any Act of Parlyament, or by any other Limitation whatsoever.
II. The Term for such Leases and Grants.
Provided alwayes That every such Lease or Grant soe made, or to be made [shall not be made (fn. 1) ] 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, yeilded or payd 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 & payable to him or her that shall have the Inheritance or other Estate of the said Dutchy; And where, noe [such (fn. 1) ] Rent hath beene reserved or payable that then upon every such Lease there shall be reserved a reasonable Rent not being under the twentyeth part of the cleare yearely value of the 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.
III. Covenants, Conditions, and Reservations good as if the King had been seised at the making thereof.
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 whom the Reversion of the same Lands Tenements or Hereditaments shall come, as for and against them to whom 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 seised of an absolute Estate in Fee simple in the same Lands Tenements or Hereditaments Saveing alwayes to all and every person and persons Bodyes pollitique and corporate their 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 inherite or enjoy the said Dukedome of Cornwall by force of any Act of Parlyament or other Limitation whatsoever All such Rights, Titles, Estates, Customes Interests Tenures Claimes and Demands whatsoever of what nature, kinde or qualitie 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.
IV. Where Compositions for increased Rents;
And bee it further enacted by the authoritie aforesaid That in case any of the Copyhold Tenants of the said Dutchy shall at any time within Three 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 the Chauncellour & Under Treasurer of the Exchequer, or with any such person or persons as the Lord High Treasurer Commissioners of the Treasury or Chauncellour and Under Treasurer of the Exchequer for the time being shall authorize, nominate and appointe for the takeing of, 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 Coo[m]mis?ioners of the Treasury or Chauncellour and Under Treasurer of the Exchequer 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 tenoure and contents of such Composition and Agreement, and accordingly inrolled before the Auditor of the Premisses; And 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 & Agreement shall be charged upon all and every such Tenements Lands and other Hereditaments for which such Composition, Agreement, Payment and Inrolment shall be soe made and none other; Any reservation, condition or other matter whatsoever to the contrary notwithstanding.