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Crown Lands Act 1702

1702 CHAPTER 1 1 Ann

F1X1An Act for the better Support of Her Majesties Houshold and of the Honour and Dignity of the Crown.

Editorial Information

X1The Calendar at the Rolls Chapel is headed thus: Secunda pars Anno Regni Anne Regine primo “Vide I pt. 13° & 14° Gul R” and which 1st Part contains Six Chapters, and the common printed Editions therefore intitule this Chapter as Chapter 7. Stat. I., and preserve the same Distinction in the Number of each throughout the whole of 1st Ann. Stat. I.

Textual Amendments

F1Act repealed, in relation to Duchy of Lancaster by the Act 19 Geo. 3 c. 45, s. 1

Modifications etc. (not altering text)

C1Short title given by Short Titles Act 1896 (c. 14)

C2Preamble omitted as not relevant to unrepealed provisions of the Act

I.—IV.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2E+W

Textual Amendments

V Reasons for passing this Enactment. Grants of Lands, &c. from the Crown as herein mentioned void, unless made for such Estate as herein mentioned, and made to commence from the making thereof, and for such Rent and upon such Terms as herein mentioned. E+W

And whereas the necessary Expences of supporting the Crown or the greatest part of them were formerly defrayed by a Land Revenue which hath from time to time been impaired and diminished by the Grants of former Kings and Queens of this Realm so that Her Majesties Land Revenues at present can afford very little towards the Support of Her Government nevertheless from time to time upon the Determination of the particular Estates whereupon many Reversions and Remainders in the Crown do now depend or expect and by such Lands Tenements and Hereditaments as may hereafter descend escheat or otherwise accrue or come to Her Majesty Her Heirs or Successors the Land Revenues of the Crown in Fines Rents and other Profits thereof may hereafter be increased and consequently the Burthen upon the Estates of the Subjects of this Realm may be eased and lessened in all future Provisions to be made for the Expences of the Civil Government To the end therefore that the Land Revenues of the Crown may be preserved improved and increased for the best Advantage thereof be it enacted and declared by the Authority aforesaid That all and every Grant Lease or other Assurance which from and after the Five and twentieth Day of March in the Year of our Lord One thousand seven hundred and two shall be made or granted by Her Majesty Her Heirs or Successors Kings or Queens of this Realm under the Great Seal of England Exchequer Seal Seals of the Dutchy and County Palatine of Lancaster or any of them or by Copy of Court Roll or otherwise howsoever of any Mannors Messuages Lands Tenements Rents Tythes Woods or other Hereditaments (Advowsons of Churches and Vicaridges only excepted) within the Kingdom of England Dominion of Wales or Town of Berwick upon Tweed or any of them or any part thereof now belonging or hereafter to belong to Her Majesty Her Heirs or Successors or to any other Person or Persons in trust for Her Majesty Her Heirs or Successors in Possession Reversion Remainder Use or Expectancy whether the same be or shall be in Right of the Crown of England or as Part of the Principality of Wales or of the Dutchy or County Palatine of Lancaster or otherwise howsoever to any Person or Persons Body Politick or Corporate whatsoever whereby any Estate or Interest whatsoever in Law or Equity shall or may pass from Her Majesty Her Heirs or Successors shall be utterly void and of none Effect unless such Grant Lease or Assurance be made for some Term or Estate not exceeding One and thirty Years or Three Lives or for some Term of Years determinable upon One Two or Three Lives and unless such Grant Lease or Assurance respectively be made to commence from the Date of making thereof and if such Grant Lease or Assurance be made to take Effect in Reversion or Expectancy that then the same together with the Estate or Estates in Possession of and in the Premisses therein contained do not exceed Three Lives or the Term of One and thirty Years in the whole and unless such Grant Lease or Assurance respectively be so made that the Tenant be liable to Punishment for Wast and unless there be reserved upon every such Grant Lease or Assurance respectively the ancient or most usual Rent or more or such Rent as hath been reserved yielded and paid for such of the said Mannors Messuages Lands Tenements Rents Tythes or other Hereditaments as shall be therein contained for the greater part of Twenty Years before the making thereof and where no such Rent shall have been reserved or payable that then upon every such Grant Lease or Assurance there be reserved a reasonable Rent not being under the Third Part of the clear yearly Value of such of the said Mannors Messuages Lands Tenements Tythes or other Hereditaments as shall be contained in such Lease or Grant and unless such [X2respective] Rents be made payable to Her Majesty Her Heirs or Successors who shall make such Lease or Grant and to Her or Their Heirs or Successors during the whole Term or Time of the Continuance therof respectively

Editorial Information

X2interlined on the Roll.

Modifications etc. (not altering text)

C5S. 5 excluded (9.11.2019) by Kew Gardens (Leases) Act 2019 (c. 25), ss. 1(2), 2(2)

VI. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3E+W

Textual Amendments

VII Reasons for passing this Enactment. The several Duties herein mentioned to be alienable only for the Life of the King or Queen; or such Alienation void without Inquisition, &cE+W

And to the Intent the Inheritance which Her Majesty hath of and in the said Hereditary Duties of Excise upon Beer Ale and other Liquors and of and in the said Revenue arising . . . F4 in the small Branches of Her Majesties Revenue herein after mentioned (that is to say) The First Fruits and Tenths of the Clergy the Fines for Writs of Covenant and Writs of Entry payable in the Alienation Office the Post Fines the Revenue of the Wine Licences and the Revenue arising by Sheriffs Proffers and Compositions in the Exchequer and by Seizures of uncustomed and prohibited Goods may be preserved in the Crown for the future Benefit thereof Be it further enacted and declared by the Authority aforesaid That the said Hereditary Duties of Excise and the said Revenue arising in . . . F4 the said small Branches of Her Majesties Revenue last mentioned or any of them or any Part thereof shall not hereafter be alienable or grantable by Her Majesty Her Heirs or Successors for any Estate or Term whatsoever to endure longer than the Life of Her Majesty or of such King or Queen as shall make such Alienation or Grant respectively and that all Gifts Grants Alienations Leases and Assurances whatsoever to be had or made of any the said Mannors Messuages Lands Tenements Rents Tithes or other Hereditaments or of any the said Revenues or Branches or any Part [X3thereof] contrary to the Provisions of this Act or any of them shall be null and void without any Inquisition Scire facias or other Proceeding to determine or make void the same

Editorial Information

X3interlined on the Roll.

Textual Amendments

VIII. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5E+W

Textual Amendments

IX General Saving.E+W

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 Lady Her Heirs and Successors all such Rights Titles Estates Customs Interests Claims and [X4Demands] whatsoever of in or to or out of the Revenues Hereditaments and other the Premisses aforesaid or any of them as they or any of them had or ought to have had before the making of this Act as fully to all Intents and Purposes as if this Act had never been made Any thing herein contained to the contrary notwithstanding

Editorial Information

X4interlined on the Roll.