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.
What Leases may be made of Lands belonging to the Duchy of Cornwall, and how.; Exception of entire Honors, Lordships, or Manors.
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 one and thirty yeares and under, which Leases are desired to be renewed by many of the said Tennants. And whereas of late yeares diverse increased Rents have beene by Order of the late Lord Treasurer reserved upon the said leased Lands 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 those 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 that the said Tenants may be incouraged 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 Kings 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 Leases and Grants made and to be made within three yeares next ensueing the end of this present Session of Parlyament by our said Soveraigne Lord the King by Letters Patents or by Indenture under the Great Seale of England or under the Seale of the Court of Exchequer of any Offices in the disposition of the Owner of the said Dutchy as Duke of Cornwall, or of any Parks, Lands Tenements or Hereditaments now in Lease, or out of Lease, and not granted by Copy of Court-Roll, other then entire Honours Lordshipps or Mannours parcell of the possessions of, or annexed or belonging unto the said Dutchy of Cornwall shall be good and effectuall in Law according to the purport and contents of the same 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. For what Terms or Times.
Not dispunishable of Waste.; Ancient Rent, &c. to be reserved.; Where no Rent was payable, 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 in Possession, 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 and 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 and 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 paid for the same Lands for the greater part of twenty yeares next before the makeing of the said Leases, and shall be reserved due and payable to him or them 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 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 in the Leases to bind Reversioners, &c.
General Saving, except the Right of the King and the 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 or Grant made or to be made as aforesaid shall be good and effectuall in Law according to the words and contents of the same aswell 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 or Grants 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 Héires 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 [Rites, (fn. 1) ] Titles, Estates, Customes 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 therein contained to the contrary notwithstanding.