William and Mary, 1694: An Act for enableing theire Majesties to make Grants Leases and Copies of Offices Lands and Hereditaments Parcell of theire Dutchy of Cornwall... [Chapter XVIII. Rot. Parl. pt. 4. nu. 1.]

Reasons for passing this Act.

Grants made by King Charles Second, &c. of any Parcel of the Dutchy of Cornwall, good.; Grants to be for 31 Years, or determinable upon Three Lives.; Not dispunishable of Waste.; Usual Rent.; If no usual Rent, then reasonable Rent to be reserved.

Whereas many of the Lands belonging to the Dutchy of Cornwall have beene granted by Lease to the Tenants some for the terme of one two or three lives and some for divers 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 Tenants:. And whereas severall yeares next following after the happy restaurac[i]on of his late Majestie King Charles the Second diverse increased Rents were reserved as well upon the said Leasehold Lands as upon many Coppy-hold Estates of the said Dutchy for the improvement of that Revenue whereof the Tenants made complaint to his said late Majestie who was graciously pleased that they might compound for the dischargeing of the said increased rents and be restored to the old rents formerly paid for theire respective Tennants and Lands:. Now to the end the same may be accordingly effected and the Tenants may be encouraged to renew theire Leases and Estates and thereby the better enabled to repaire theire Houses and provide for theire Families and to improve theire Lands holden of the said Dutchy Be it enacted by the King and Queenes most excellent Majesties by and with the advice and consent of the Lords Spirituall and Temporall and Co[m]mons in this p[re]sent Parliament assembled and by the authority of the same That all Leases and Grants made by his said late Majestie King Charles the Second or by the late King James or by theire p[re]sent Majesties since theire happy accession to the Crowne or to be made within Seaven yeares next ensueing by Letters Pattents or Indentures under the Greate 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 the said Dutchy or thereunto annexed of any Offices Messuages Parks Lands Tenements or Hereditaments parcell of the said Dutchy of Cornwall or annexed to the same (other then of Honours Lordshipps or Mannors) shall be good and effectuall in Lawe according to the purport and contents of the same Copies Leases and Grants against our said Soveraigne Lord and Lady the King and Queene theire Heires and Successors and against all and every other person and persons that shall att any time hereafter have inheritt or enjoye the said Dutchy by force of any Act of Parliament or by other limitac[i]on whatsoever:. Provided alwaies that every such Lease or Grant soe made or to be made be not 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 estate in possession doe not exceede three Lives or the terme of [one and thirty (fn. 1) ] yeares and not in any wise dispunishable of Wast and soe as upon every such Lease the ancient or most usuall rent or more or such rent as hath beene reserved yeilded or paid for the same Lands for the greater parte of Twenty yeares next before the yeare of our Lord One thousand six hundred and sixty hath beene 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 noe [such (fn. 2) ] Rent hath beene reserved or payable That then upon every such lease there shall be reserved a reasonable Rent not being under the Twentieth parte of the cleere yearely value of the Messuages Parks Lands Tenements or Hereditaments conteined in such Lease and all Leases and Grants otherwise made or to be made shall be null and void:-

II. Covenants, &c. to bind Reversioners.

And be it further ordained and enacted by the authority aforesaid That all Covenants Condic[i]ons Reservac[i]ons and other Agreements conteined in every Lease Grant or Copye of Court-Roll made or to be made as aforesaid shall be good and effectuall in Lawe according to the words and contents of the same as well 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 Grants or Copies shall come respectively as if our Soveraigne Lord and Lady the King and Queenss Majesties att the time of makeing such Covenants Condic[i]ons and Reservac[i]ons and other Agreements were seized of an absolute Estate in Fee Simple in the same Lands Tenements or Hereditam^te.

III. Saving to all their Rights, except King, &c.

Saveing alwaies to all and every person and persons Bodies Politicke and Corporate theire Heires and Successors Executors Administrators and Assignes (other then to our said Soveraigne Lord and Lady the King and Queene and theire Heires and the Duke and Dukes of Cornwall for the time being and his and theire Heires and all and every person and persons that shall hereafter have inheritt or enjoy the said Dukedome of Cornwall by force of any Act of Parliament or other limitac[i]on whatsoever) all such Rights Titles Estates Customes Interests Tenures Claimes and Demands whatsoever of what nature kinde or qualitye 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 conteined to the contrary notwithstanding:-

IV. Tenants compounding for the increased Rent and paying according to Composition, old Rent only to stand.

And be it further enacted by the authority aforesaid that in case any of the Lease-hold or Copye-hold Tennants of the said Dutchy shall att any time within Seaven yeares next ensueing compound or agree with the Lord High Treasurer of England or Co[m]missioners of the Treasury for the time being or Chancellor and Undertreasurer of the Exchequer for the time being or with any other person or persons that the Lord High Treasurer or [the (fn. 3) ] Co[m]missioners of the Treasury for the time [being (fn. 4) ] or Chancellor of the Exchequer shall authorize nominate and appointe for the takeing off and dischargeing of any increased Rent reserved as aforesaid according to such rules and direcc[i]ons as in that behalfe shall be given in Writeing under the Hands of the said Lord Treasurer Co[m]missioners of the Treasury for the time being or Chancellor of the Exchequer for the time being; Then upon such Composic[i]on soe made and the money thereby ariseing duely pâid to the Receiver Generall of the said Dutchy according to the tenor and contents of such Composic[i]on and Agreement and accordingly inrolled before the Auditor of the p[re]misses from thenceforth such increase Rent 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 Composic[i]on or Agreement shall be charged on all and every such Tenements Lands and other Hereditaments for which such Composic[i]on Agreement Payment and Inrollment shall be soe made and none other any reservac[i]on condic[i]on or other matter whatsoever to the contrary notwithstanding:-

V. Fees for Grants of small Value.

Officers offending; Penalty to the Party; Further Penalty, £20.

And whereas within the County of Cornwall there are severall Tenements belonging to the said Dutchy of small value soe that the charge of passeing Letters Patents under the Greate Seale or Leases under the Seale of the Exchequer and Grants by Copie of Court Roll may discourage the Tenants from renewing soe often as otherwise they would doe Be it further enacted by the authority aforesaid that the wholl Fees reward and charges to be paid received or taken for the prepareing writeing draweing obtaineing makeing passeing or perfecting of any such Lease or Grant and for the petic[i]on answere reference reporte particular Certificate Contract Warrant Inrollment and Entry thereof and for every other matter and thing relateing thereunto or touching or concerneing the obtaineing passeing and perfecting any Lease or Grant of such small Tenements in the said County of Cornwall (where the Fine or Value of such Lease or Grant to be made or renewed shall not exceede the su[m]me of Eighty pounds) shall not exceede the su[m]me of Tenne pounds for every Lease and Fower pounds for every Copie (over and besides the said Fine or Value) the said respective su[m]mes not exceedeing Tenne pounds and Four pounds to be paid distributed and divided unto and amongst the severall and respective Officers and Clerks of the Exchequer and Stewards of the Honours and Mannors of the said Dutchy concerned and employed in the prepareing passeing and perfecting of such Lease or Grant respectively in such proporc[i]on as the Fees of Leases or Grants within the said Dutchy formerly and hitherto were and are received And if any of the said Officers Clerks and Stewards shall demand take and receive any greater or other fee or reward or shall doe or attempte or cause to be done or attempted any thing contrary hereunto such Officer Clerke and Steward shall forfeite and lose for every such Offence to the Party greived in that behalfe soe much money as any such Officer Clerke or Steward shall demand receive and take contrary to this Act; and alsoe shall lose and forfeite the su[m]me of Twenty pounds whereof the one moietie shall be to theire Majesties and the other moietie to the party greived in that behalfe to be recovered by Acc[i]on of Debte or Informac[i]on in any of the Courts att Westminster in which noe Priviledge Essoigne Imparlance or Protecc[i]on shall be admitted or allowed:-