An Acte for the Releife of Patentees Tenaunte & Farmors of Crowne Land in Cases of Forfeyture.
Vexations by Grantees of the Crown taking Advantage of Forfeitures;
For as much as the Kinge Majestie out of his gracious disposicion is and ever hath bene averse from taking any advantage, howsoever lawfull and just, against any of his Subjectc; growing by any Forfeiture Breach of Condicion or strict interpretacion of his Highnes Graunte or tres Patente or the Graunte or tres Patente of any of his Royall Predecessors, of any Mannors Lands Tenemente or Hereditamente, And yet the Grauntees or Patentees deriving their Estates by or from his Majestie or his Predecessors, have been too apt and ready to exact the Advantage of such Forfeiture, where His Majestie himselfe or his Predecessors have not required the same, which hath beene ever held an unequall and extreme course, and hath many times been releived by Suite in Courte of Equity, though with the great charge and trouble of the parties endangered thereby: For Remedy whereof, aswell where the King or any of his Predecessors or Successors, hath graunted or shall graunt the said Mannors Lande Tenemente or Hereditamente or any part thereof, or the Reversion of any part thereof, to any other, as where the Reversion Remaynder or Estate thereof is or shalbe in the Kinge Majestie or his Successors, in the Right of the Crowne of England or Dutchie of Lancaster, or otherwise his Majestie of his Abundant Grace towarde his loving Subjecte, is graciouslie pleased that it be enacted and be it enacted by the Kinges most excellent Majestie, by and with the Assent of the Lorde Spirituall and Temporall and Commons in this present Parliament assembled, and by the Authoritie of the same,
Modifications etc. (not altering text)
C1Short title given by Statute Law Revision Act 1948 (c. 62), Sch. 2
That if any person or persons Bodies pollitique or corporate, having holding or possessing or which hereafter shall have hold or possesse any Mannors Landes Tenemente or Hereditamente by vertue or colour of any originall Graunte or Lease or Assignement of the same made by the Kinge Majesite, or any of his Predecessors, or to be made by any of his Successors for any nomber of yeares, for Life or Lives in Fee tayle or Fee simple, or other Estate whereuppon any Rent Service or other Dutie hath been is or shalbe reserved or payable with or under any Condicion or Limitacion of Reentry Cesser or to be void for default of payment of such Rent or performance of such Service or Dutie heretofore hath made, or any other by from or under whome he claymeth, hath made, or any which hereafter shall have hold or pvossesse shall make any default therein, and yet after such default made such Rent Service or other Dutie hath been or shalbe aunswered paid or done unto his Majestie or any of his Predecessors or Successors into his or their Receipt of the Exchequer or Duchie of Lancaster . . . F1, or to any other having Authoritie to receive the same as the Case shall require, before any Advantage of such Forfeiture or cause of Forfeiture hath been or shalbe taken, and [X1and] before any Commission awarded to enquire, or other process issued touching the said Forfeiture or Nonpayment of Rent, that in all such Cases no Advantage shalbe taken by his Majestie his Heires or Successors of for or by reason of any such Forfeiture or cause of Forfeiture.
Editorial Information
X1Note in The Statutes of the Realm as follows: An erroneous Repetition on the Roll.—O. omits. [O. refers to a collection in the library of Trinity College, Cambridge]
Textual Amendments
F1Words repealed by Statute Law Revision Act 1948 (c. 62), Sch. 1
And be it further enacted, That no person or persons clayming or which afterwarde shall clayme by from or under his Majestie, or any of his Predecessors or Successors at any tyme after such Cause or Title of Forfeiture given, shall in any wise have or take any Benefitt or Advantage by reason meanes or colour of such default made or to be made; but that every such Estate forfeited or forfeitable by means or occasion of such default of Payment of Rent or performance of Service or other Dutie, shalbe adjudged to contynue and have his being, as if no such default or cause of Forfeiture had bene had or made; Any Lawe Custome or Usage to the contrary thereof in any wise notwithstanding.