Duchy of Cornwall Act 1670

V. Recital that divers Patents of Manors, &c. have been granted upon Commissions of defective Titles, &c. whereupon Rents have been reserved although nothing passed.

Fee-farm and other Rents not paid for Forty Years last past, not to be inserted in Patents to be hereafter made; ; and Tenant may hold the Land discharged in Cases herein mentioned.; If Letters Patent of Manors, Lands, &c. heretofore granted, on which Rents so sold have been reserved, shall be cancelled, and so return to the Crown, the Purchasers may hold as against the Crown and others in manner herein mentioned.

And forasmuch as upon diverse Commissions of defective Titles, Inquisitions or Suggestions of Concealments diverse Patents have formerly passed the Greate Seale of England, or under the Seale of the Dutchy of Lancaster, or under the Seale of the County Palatine of Lancaster of diverse Mannours Lands Tenements and Hereditaments whereupon diverse Fee Farme Rents or other Rents have beene reserved, and sometimes putt in Charge where in trueth noe thing hath passed by the said Letters Patents, nor have the Mannours Lands and Tenements Libertyes or Hereditaments mentioned to have beene granted, beene enjoyed or held under the said Letters Patents but under other Titles, or by vertue of other Letters Patents whereupon other Rents are reserved. Bee it therefore enacted That such Fee Farme Rents or other Rents which have not beene usually paid by the Owners or Occupiers of the Mannours Lands or Tenements charged or mentioned to be charged therewith by the greater space of forty Yeares now last past shall not be inserted or mentioned in any such Letters Patents to be hereafter granted to Trustees as aforesaid. And further That where any Person or Persons Bodyes Pollitique or Corporate have held any Mannours Lands Tenements or Hereditaments subject to the Payment of any Fee Farme Rent or other Rent which hath beene usually paid or answered by the Owners or Occupiers of such Lands soe charged, and that by Colour or Pretence of some Patent of Concealement, or by Pretence of Commissioners for defective Titles passed of the same Lands some other or greater Rent hath beene reserved or putt in Charge, but the same hath not beene usually answered or paid by the Owners or Occupiers of the said Lands by the greater Space of forty Yeares before mentioned That then and in such Case the Tennant of the Lands shall hold the same discharged of the said Rent soe reserved by vertue of the said Patent of Concealement or by Commission of defective Titles, and alsoe discharged of all Seisures and Distresses for the same untill the same shall have beene recovered by due Course and Proceedings of Law; And if any Letters Patents of any Mannours, Lands, Tenements or Hereditaments have beene heretofore granted whereupon any Fee Farme Rents or other Rents have beene reserved which at any time after the passing of this Act shall be sould to any Purchaser or Purchasers, if such Letters Patents wherupon such Rents soe sould have beene reserved shall at any time hereafter be adnulled, defeated, repealed, cancelled, avoided or otherwise determined whereby the Lands shall returne to his Majesty his Heires or Successors, then and in every such Case all and every the Purchaser and Purchasers of such Rents their Heires Successors and Assignes shall have and receive out of the same Lands, Tenements and Hereditaments the like Rent, and for the like Estate therein with that which was by them soe purchased and shall enjoy such like Rent dureing such Estate against his Majestie his Heires and Successors, and against all Persons Bodyes Pollitique and Corporate claimeing by from or under his Majestie his Heires and Successors by any Grant or Conveyance made or granted by his Majestie his Heires or Successors subsequent to such Purchase made and shall have like Remedy for recovery thereof (any such adnulling, defeateing, repeale, cancelling, Avoidance or other Determination of such Letters Patents to the contrary notwithstanding)