Statutes of the Realm: Volume 5, 1628-80. Originally published by Great Britain Record Commission, s.l, 1819.
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Contracts for Leases made by the King, as Duke of Cornwall, under St. 21 Jac. I. c. 29. interrupted by his Accession to the Crown;
Leases of Lands of the Duchy to be made by the King within Three Years, declared valid..
WHEREAS the King our Soveraigne Lord, being in the life tyme of his Royall Father of blessed memorie, seised of the said Dukedome of Cornewall, did bargayne and contract for Leases and Estates to be made of divers Mesuages Lands Tenements and Hereditaments parcell of the said Dukedome of Cornewall, which Leases and Estates, his Majestie was enabled to have made in his said Fathers life tyme, by an Act of Parliament made in the last Session of Parliament, intituled, An Acte to enable the most excellent Prince Charles to make Leases of Lands, parcell of His Highnes Dutchy of Cornewall, or annexed to the same. And because His Majestie, having received divers Fines, and so[m]mes of Mony, according to the said Contracts, and having entred into Treatie with divers others for like Estates; the finishing of which-Contracts and making the said Leases, was p[re]vented by His Majesties accesse to the Imperiall Crowne of this Realme, is graciouslie pleased for the good of his poore Tenants of the said Duchie Lands, to proceed to the full accomplishment of the Contracts, and Leases of the p[re]misses: Be it therefore enacted by our said Soveraigne Lord the Kinge, the Lords Spirituall and Temporall, and Co[m]mons in this p[re]sent Parliament assembled; and by authoritie of this p[re]sent Parliament, That all Leases to be made within the space of three yeares now next ensuing by our said Soveraigne Lord the King, by Letters Patents, Indentures, or other writings under his great Seale of England, or Seale of the Court of Exchequer of any Mannors Lands Tenements or Hereditaments parcell of the possessions of the said Dutchy of Cornewall or annexed to the same shalbe good and effectuall in Lawe according to the purport and content of the said Leases against our Soveraigne Lord the Kings Majestie his heires and successors and against all and every p[er]son or p[er]sons that shall hereafter have inherite or enjoye the said Dukedome of Cornewall by force of any Act of Parliament or other limitacion whatsoever.
II. Such Leases shall not exceed the Term of Three Lives or Thirty-one Years, under ancient or reasonable Rent.
Provided alwaies, That every such Lease so to be made of any Mannors Lands Tenements or Hereditaments in possession, shalbe made but for three lives or fewer or for one and thirtie yeares or under, or some other terme of yeares determinable uppon one two or three lives, and not above. And if such Leases be made in revercion, that then the same together with the Estates in possession do not exceed three lives or the terme of one and thirtie yeares, and not in any wise dispunishable of wast: and so as uppon every such Lease shalbe reserved the auncient or most usuall Rent, or such Rent as hath beene yeilded or paid for the greater part of twentie yeares next before the making of the said Leases, and shalbe reserved due and payable, by, or to him or her that shall have the inheritance or other Estate of the said Mannors Lands Tenements or Hereditaments. And where no such Rent hath bene reserved or payable, that then uppon every such Lease; there shalbe reserved a reasonable Rent, not being under the twentith part of the cleere yearelie value of the Mannors, Landes, Tenements, or Hereditaments, contayned in such Lease.
III. Covenants in such Leases good for and against Reversioners, &c.
And be it further ordained and enacted by authoritie of this p[re]sent parliament, That all Covenaunts, Condicions, and Reservacions and other agreements conteyned in every Lease so to be made as aforesaid, shalbe good and effectuall in Lawe, according to the words and contents of the same, aswell for and against them, to whome the Reversion of the same Mannors, Landes, Tenements or Hereditaments shall come, as for and against them to whome the said Leases shall come, respectivelie: as if our said Soveraigne Lord the Kings Majestie at the tyme of the making of such Covenants, Condicions, and Reservacions, and other Agreements were seised of an absolute and indefesible estate in Fee simple, in the same Mannors, Lands, Tenements or Hereditaments.
IV. General Saving.
Saving alwaies to all and every p[er]son and p[er]sons bodies Politique and Corporate, their Heires and Successors, Executors, Administrators, and Assignes, (other then our said Soveraigne Lord the Kings Majestie and his Heires, and all and every p[er]son and p[er]sons, that shall heareafter have, inherite or enjoye the said Dukedome of Cornewall, by force of any Acte of Parliament, or other limitacion whatsoever) all such rights, titles, estates, customes, interests, termes, claimes, and demaunds whatsoever, of what kinde, nature, or qualitie whatsoever, of, in, to, or out of the said Mannors, Landes, Tenements, or Hereditaments, or any of them, as they or any of them had, or ought to have had before the making of this Act, to all intents and purposes, and in as large and ample manner and forme, as if this Acte had never byn had or made. This Acte or any thing therein conteyned to the contrary notwithstanding.