Statutes of the Realm: Volume 5, 1628-80. Originally published by Great Britain Record Commission, s.l, 1819.
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Recital that by means of Leases the Tenants of the Duchy have improved their Lands, but that of late no such Leases have been made.
Certain Leases made within Three Years by the King to be good.
Whereas a great part of the Lands part of and annexed to the Dutchy of Cornwal have beene held by sundry Leases thereof made for yeares and for one two and three Lives by meanes whereof the Tenants having fixed Estates have beene encouraged to improve and manure the same and have improved the same and therein laid out great su[m]ms of money in building and otherwise to the great advantage of the Publique And whereas for Twenty yeares and more now last past no such Leases have beene legally made so that it is probable most of the Tenants Estates will be determined or neere determination are that there can be any Estates well and legally renewed unlesse remedy therefore be provided by meanes whereof Waste Spoile and Dilapidation are likely to happen the Lands worne out and decayed and great Disturbance and Impoverishment to the Tenants. And whereas on the like considerac[i]on King Charles the First was by special Law enabled to make such Leases Be it Enacted by our Soveraigne Lord the King by and with the advice and consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by Authoritie of the same That all Leases or Grants already made or hereafter 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 or by Copy of Court Roll according to the Customes of the respective Mannors of any Offices Parks Lands Tenements or Hereditaments (other then Honors Lordships or Mannors) parcell of the Possessions of the said Dutchy of Cornwal or annexed to the same shall be good and effectuall in Law according to the purport and contents of the said Leases Grants and Copies against our said Soveraigne Lord the Kings Majestie His Heires and Successors and against all and every person or persons that shall hereafter have inherit or enjoy the said Dukedom of Cornwal by force of any Act of Parliament or other limitac[i]on whatsoever.
II. How Leases to be made, and what Rent reserved.
Provided alwaies that every such Lease so to bee made of any Parks Lands Tenements or Hereditaments in possession shall be made but for three lives or fewer or for One and thirty yeares or under or some other terme of yeares determinable upon one two or three Lives and not above And if such Leases be made in Reversion that then the same togeather with the Estates in possession do not exceed three Lives or [the (fn. 1) ] terme of One and thirty yeares and not in any wise dispunishable of Waste and so [as (fn. 1) ] upon every such Lease shall be reserved the ancient or most usual Rent or more or such Rent as hath beene yeilded or paid for the greater part of twenty yeares next before the makeing of the said Leases and shall be reserved due and payable by or to him or her that shall have the Inheritance or other Estate of the said Parks Lands Tenements or Hereditaments and where no such Rent hath beene reserved or payable that then upon every such Lease there shall be reserved a reasonable Rent not being under the fourth part of the cleere yearely value of the Parks Lands Tenements or Hereditaments contained in such Lease.
III. For and against whom Covenants, Conditions, &c. in such Leases, &c. to be good.
And bee it further ordained and enacted by Authority of this present Parliament that all Covenants Condic[i]ons and Reservac[i]ons and other Agreements contained in every Lease Grant or Copy heretofore made or hereafter so to bee made as aforesaid shall bee 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 making of such Covenants Condic[i]ons and Reservac[i]ons and other Agreements were seized of an absolute indefeasable Estate in Fee simple in the same Lands Tenements or Hereditaments Saving alwaies to all and every person&Persons Bodies Politique and Corporate theire Heires and Successors Executors Administrators and Assignes (other then our said Soveraigne Lord the Kings Majestie and His Heires and all and every person and persons that shall hereafter have inherit or enjoye the said Dukedom of Cornwal by force of any Act of Parliament or other limitac[i]on whatsoever) all such Rights Titles Estates Customes Interest Termes Claimes and Demands whatsoever [of what kind nature or quality whatsoever (fn. 1) ] 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 making of this Act to all intents and purposes and in as large and ample manner and form as if this Act had never beene had or made This Act or any thing therein contained to the contrary notwithstanding.
ITEM quedam Petic[i]oes privatas Personas concernentes (in se formam Actus continentes) exhibite fuerunt p[re]dicto Domino Regi [in (fn. 1) ] Parliamento p[re]dicto qua[rum] Tituli subscribuntur.
1. An Act for confirming an Act for restoring [of (fn. 1) ] the Marquesse of Hertford in the Dukedome of Somersett.
2. An Act for dividing Trinity Church in Kingston upon Hull from Hasle
3. An Act to enable Algernon Peyton Doctor of Divinity to make sale of parte of his Lands for payment of Debts &c.
4. An Act for confirming an Act for restituc[i]on of Thomas Earle of Arundell Surry and Norfolke to the Dignity and Title of Duke of Norfolke.
5. An Act for confirming of Private Acts