Statutes of the Realm: Volume 7, 1695-1701. Originally published by Great Britain Record Commission, s.l, 1820.
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Reasons for passing this Act.
Former Leases and Grants of Manors, Offices, Lands, &c. in the Duchy of Cornwall, in the Time of Car. II. and Jac. II., or by His Majesty and the late Queen, or by His Majesty alone, as herein mentioned, good and effectual in Law against the Crown, &c.
Whereas many of the Lands belonging to the Dutchy of Cornwall have been granted by Lease to the Tennants some for the Team of One Two or Three Lives and some for divers Years determinable upon One Two or Three Lives and others for Thirty one Years or under which Leases are desired to be renewed by many of the said Tennants And whereas several Years next following after the happy Restauration of His late Majesty King Charles the Second divers 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 Tennants made Complaint [to (fn. 2) ] His said late Majesty who was gratiously pleased that they might compound with His Officers for discharge of the said increased Rents continuing only the 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 incouraged to renew their Leases and Estates and thereby the better enabled to repair their Houses and provide for their Families and to improve their Lands holden of the said Dutuhy Be it enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by the Authority of the same That all Leases and Grants made in the Time of His said late Majesty king Charles the Second or in the Time of the late King James or by His Majesty King William or the late Queen Mary or by His said present Majesty since his happy Accession to the Crown or to be made by Copy of Court Roll according to the Custom of the respective Mannor or Mannors of the said Dutchy or thereunto annexed or belonging and all Leases and Grants so made by His said Majesty King Charles the Second or by the late King James or by His Majesty King William and the late Queen Mary or by His present Majesty since His happy. Accession to the Crown or to be made within Seven Years next ensuing by Letters Patents or Indentures under the Great Seal of England or Seal of the Court of Exchequer or by Coppy of Court Roll according to the Custom of the respective Mannors of any Offices Messuages Parks Lands Tenements or Hereditaments (other than Honors Lordships or Mannors) Parcel of the Possessions of the said Dutchy of Cornwall or annexed to the same shall be good and effectual in Law according to the Purport and Contents of the same Coppies Leases and Grants against our Sovereign Lord the King His Heirs 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 Parliament or by other Limitation whatsoever.
II. Proviso as to the Estate to be made by such Leases and Grants; and as to the Rent to be reserved.
Provided always That every such Lease or Grant so made or to be made be not for more than One Two or Three Lives or for Thirty one Years or under ( (fn. 3) ) or for some Term of Years 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 do not exceed Three Lives or the Term of Thirty one Years and not in any wise dispunishable of West and so as upon every such Lease shall be reserved the ancient or most usual Rent or more or such Rent as hath been reserved yielded or paid for the same Lands for the greater Part of Twenty Years next before the Year of our Lord One thousand six hundred and sixty hath and shall be reserved due and payable to him or her that shall have the Inheritance or other Estate of the said Dutchy And where no such Rent hath been reserved or payable that then upon every such Lease there shall be reserved a reasonable Rent not being under the Twentieth Part of the clear Yearly Value of the Messuages Parks and 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. How and against whom the Covenants, &c. in such Leases, or Grants, &c. are to be good and effectual in Law.
And be it further ordained and enacted by the Authority 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 effectual in Law according to the Words and Contents of the same as well for and against them to whom the Reversions of the same Lands Tenements and Hereditaments [shall come (fn. 2) ] as for and against them to whom the Interest of the said Leases Grants or Copies shall come respectively as if our Sovereign Lord the Kings Majesty at the Time of making such Covenants Conditions and Reservations and other Agreements were seized of an absolute Estate in Fee Simple in the same Lands Tenements or Hereditaments
IV. General Saving.
Saving always to all and every Person and Persons Bodies Politick and Corporate their Heirs and Successors Executors Administrators and Assigns (other than to our said Sovereign Lord the King and His Heirs and Successors and the Duke and Dukes of Cornwall for the Time being and his and their Heirs and all and every other Person and Persons that shall hereafter have inherit or enjoy the said Dukedom of Cornwall by force of any Act of Parliament or other Limitation whatsoever) all such Rights Titles Estates Customs Interests Tenures Claims and Demands whatsoever of what Nature Kind 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 making of this Act to all Intents and Purposes and in as large and ample Manner and Form as if this Act had never been had or made This Act or any thing herein contained to the contrary notwithstanding
V. Proviso for Leasehold and Copyhold Tenants of the Duchy compounding with the Treasury within the next Seven Years for discharging increased Rents.
Upon Composition paid, increased Rent to cease, and the old Rent or Rent upon Composition to be charged.
And be it further enacted by the Authority aforesaid That in case any of the Leasehold or Coppyhold Tennants of the said Dutchy shall at any Time within Seven Years next ensuing compound or agree with the Lord High Treasurer of England or Commissioners of the Treasury for the Time being or Chancellor and Undertreasurer of the Exchequer for the Time being or with any such other Person or Persons as the Lord High Treasurer or Commissioners of the Treasury for the Time being or Chancellor of the Exchequer for the Time being shall authorize nominate and appoint for the taking off and discharging [of (fn. 4) ] any increased Rent reserved as aforesaid according to such Rules and Directions as in that behalf shall be given in Writing under the Hands of the said Lord Treasurer or Commissioners of the Treasury for the Time being or Chancellor of the Exchequer for the Time being then upon such Composition so made and the Money thereby arising duly paid to the Reciever General of the said Duchy for the Time being according to the Tenor and Contents of such Composition and Agreement and accordingly inrolled before the Auditor of the Premisses from thenceforth such increased [Rent (fn. 4) ] shall cease and become void and the old Rent only or such other Rent as in pursuance of this Act shall be directed in or by such Composition or Agreement shall be charged on all and every such Tenements Lands and other Hereditaments for which such Composition Agreement Payment and Inrollment shall be so made and none other Any Reservation Condition or other Matter whatsoever to the contrary notwithstanding
Proviso for additional Grants by the Crown of Lands, Part of the Manor of Greenwich.
And whereas His Majesty hath given and granted some Parcells of Ground and part of his Pallace at East Greenwich in the County of Kent for the erecting theron an Hospital for the Relief of disabled Seamen which may not appear to be of sufficient extent and Capacity for all the Occasions for Buildings or otherwise as the same may hereafter necessarily require It is hereby declared and enacted That it is and shall be lawful for His [Majesty (fn. 5) ] His Heirs or Successors to make any further Grant of Grounds Lands or Edifices lying near or adjoyning to the said before granted Premisses being Part of his Mannor of Greenwich aforesaid which he shall see necessary and think fitt to give for the aforesaid Use Any Law Act or Statute to the contrary notwithstanding