Page:Ruffhead - The Statutes at Large - vol 2.djvu/175

 A. D. 1529. Anno vicefimo prlmo IIeniuci VIII. 0.3,4. 137 C A P. III. Plaintiffs in Affife may abridge their Plaints. 1 T-"Orafmuch as Affifes, which have been thought the moff fpee'dy Remedy, be now, by orenfion of plead- • cnadted, Thar the Plaintift" in every Affile from henceforth may at his Pleafure fever and abridge his Plaint, of any Part or Parts whereuntoany Par is pleaded by Moiety, in like Manner as he or they might do i." 1 I the Pli de and divided to any Certainty or Number of Acres in the Plaint; and thai ■Plaint for the Refidue of the Part or Part! of the Lands not abridged, fhall be and ftancl go in the Law. ' Qua quidem billa perlecta, & -ad plenum intellefta, per diflum dom'reg nfu&auc- ' toritat' parliamcnti predi&i talker eft reiponfum.' Imperfefl on the Roll. CAP. IV. The Sale of Lands by Part of the Executors lawful. 4 TT7HERE divers fundry Perfons before this Time, having other Perfons feifed to their LTe of and in j r ' 'V Lands and other Hereditaments to and for the Declaration of their Wills, have by their laft Wills k ' and Tcftaments willed and declared fuch their faid Lands, Tenements, or other Hereditaments to be fold ]_'- CoU ; >' ii,en ' by their Executors, as well to and for the Payments of their Debts, Performance of their Legacies, n ' ceflary and convenient finding of their Wives, virtuous bringing up and Advancement of their Children j ' to Marriage, as alio for other charitable Deeds to be done and executed by their Executors for the Health Partjof them. ' other Hereditaments have been declared, and in the fame divers Executors named and made, chat after C r.J *, ' 3 ' ' that they were put in by the faid Teftator, have accepted and taken upon them the Charge of the faid ' Teftament, and have been ready to fulfil and perform all Things contained in the fame ; and the Refidue ' meddle in any wife with the Execution of the faid Will and Teftament, or with the Sale of fuch Lands fo ' Opinion of divers Perfons, can in no wife be good or effectual in the Law, unlefs the fame Bargain and ' Sale be made by the whole Number of the Executors named to and for the fame; (4) by reafon where- ' for other charitable Deeds to be done for the Wealth of the Soul of the fame Teftator that made the fame ' faid Teftator, as alfo to the Let of Performance of other charitable Deeds for the Wealth of the Soul of cutor h who take dained, and eftabliftied by the Authority of this prefent Parliament, That where Part of the Executors will, may fell named in any fuch Teftament of any fuch Perfon fo making or declaring any fuch Will of any Lands, any Land devifed Tenements, or other Hereditaments to be fold by his Executors, after the Death of any fuch Teftator, do by the Teftator refufe to take upon him or them the Adminiftration and Charge of the fame Teftament and laft Will wherein t0 ^ e(c] ^ they be fo named to be Executors, and the Refidue of the fame Executors do accept and take upon them r Devift 10. the Cure and Charge of the fame Teftament and laft Will ; that then all Bargains and Sales of fuch Lands, 3t ] Tenements, or other Hereditaments, fo willed to be fold by the Executors of any fuch Teftator, as well Co. Lit. 113. a. heretofore made, as hereafter to be made by him or them only of the faid Executors that fo doth accept, or that heretofore hath accepted and taken upon him or them any fuch Cure or Charge of Adminiftration of any fuch Will or Teftament, fhall be as good and as effectual in the Law, as if all the Refidue of the fame Executors named in the faid Teftament, fo refufing the Adminiftration- of the fame Teftament, had joined with him or them in the making of the Bargain and Sale of fuch Lands, Tenements, or other Heredita- ments fo willed to be fold by the Executors of any fuch Teftator, which heretofore hath made or declared, or that hereafter fhall make or declare any fuch .Will, of any fuch Lands, Tenements, or other Heredita- ments after his Deceafe, to be fold by his Executors. II. Provided alway, That this Act fhall not extend to give Power or Authority to any Executor or Exe- wills madebe- cutors at any time hereafter to bargain or put to Sale any Lands, Tenements, or Hereditaments, by Virtue &»« this Statute. and Authority of any Will or Teftament heretofore made, otherwife than they might do by the Courfe of the Common Law afore the making this Adz. ?« farther «n- cerning Executors 43 El. c. 8. 30 Car. I. r. 7. 4 fif 5 IV. £5' M. c, 24. fa. .11. Vol. II. T CAP.
 * P ing of many Bars to Moieties and Parts of the Lands put in view and plaint, greatly delayed
 * faculties and Divifion of Pleading; and one Caul -, becaufe the Plaintiffs in every Affife in fuch S. 1
 * Pleas to Moietie! and Parties, .cannot by the Law abridge their Plaints:' (2) For Remedy whereof be ii . - ''•
 * of their Souls. (2) And notwithstanding fuch Truft and Confidence fo by them put in their faid Execu- 4 Ed. 3. c. 7.
 * tors, it hath oftentimes been feen, where fuch laft Wills and Teftaments of fuch Lands, Tenements, and 9 &■ 5- J™'; '•
 * the Deccafe of fuch Teftators fome of the fame Executors, willing to accomplish the Truft and Confidence
 * of the fame Executors, uncharitably contrary to the Truft that they were put in, have refufed to inter-
 * willed to be fold by the Teftator. (3) And forafmuch as a Bargain and Sale of fuch Lands, Tenements,
 * or other Hereditaments fo willed by any Perfon to be fold by his Executors after his Deceafe, after the
 * of, as well the Debts of fuch Teftators have refted unpaid and unfatisfied, to the great Danger and Peri!
 * of the Souls of fuch Teftators, and to the great Hindrance, and many Times to the utter undoing of
 * their Creditors : (?) As alfo the Legacies and Bequefts made by the Teftator to his Wife, Children, and
 * Teftament, have been alio unperformed, as well to the extream Mifery of the Wife and Children of the Part of theExe-
 * the faid Teftator, to the Difpleafure of Almighty God.' (6) For Remedy whereof, be it enaded, or- J^" 'J 1 e " l * e