Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/336

From Wikisource
Jump to navigation Jump to search
This page has been proofread, but needs to be validated.
320
The Rights
Book II.

lands and tenements moſt commonly letten for twenty years paſt; ſo that if they have been let for above half the time (or eleven years out of the twenty) either for life, for years, at will, or by copy of court roll, it is ſufficient. 8. The moſt uſual and cuſtomary feorm or rent, for twenty years paſt, muſt be reſerved yearly on ſuch leaſe. 9. Such leaſes muſt not be made without impeachment of waſte. Theſe are the guards, impoſed by the ſtatute (which was avowedly made for the ſecurity of farmers and the conſequent improvement of tillage) to prevent unreaſonable abuſes, in prejudice of the iſſue, the wife, or the ſucceſſor, of the reaſonable indulgence here given.

Next follows, in order of time, the diſabling or reſtraining ſtatute, 1 Eliz. c. 19. (made entirely for the benefit of the ſucceſſor) which enacts, that all grants by archbiſhops and biſhops (which include even thoſe confirmed by the dean and chapter; the which, however long and unreaſonable, were good at common law) other than for the term of one and twenty years or three lives from the making, or without reſerving the uſual rent, ſhall be void. Concurrent leaſes, if confirmed by the dean and chapter, are held to be within the exception of this ſtatute, and therefore valid; provided they do not exceed (together with the leaſe in being) the term permitted by the act[1]. But, by a ſaving expreſſly made, this ſtatute of 1 Eliz. did not extend to grants made by any biſhop to the crown; by which means queen Elizabeth procured many fair poſſeſſions to be made over to her by the prelates, either for her own uſe, or with intent to be granted out again to her favourites, whom ſhe thus gratified without any expenſe to herſelf. To prevent which[2] for the future, the ſtatute 1 Jac. I. c. 3. extends the prohibition to grants and leaſes made to the king, as well as to any of his ſubjects.

Next comes the ſtatute 13 Eliz. c. 10. explained and enforced by the ſtatutes 14 Eliz. c. 11 & 14. 18 Eliz. c. 11. and 43 Eliz. c. 29. which extend the reſtrictions, laid by the laſt

  1. Co. Litt. 45.
  2. 11 Rep. 71.
mentioned