Page:Ruffhead - The Statutes at Large - vol 2.djvu/266

 228 C. 10. Anno vicefimo feptimo Henrici VIII. A. D. 1535. with fufficient Claufes of Diftrefs, Re-entry, or othervvife, according to fuch Conditions,' Pains, or other Things limited and appointed, upon the Truft and Intent for Payment or Surety of fuch Rent. A Woman (hall VI. And be it further enacted by the Authority aforefaid, That whereas divers ■ Perfons have purchafed, not have both a or have Eftate made and conveyed of and in divers Lands, Tenements and Hereditaments unto them and to DoweVo/htr the ' r Wives, >and to the Heirs of the Hufband, or to the Hufband and to the Wife, and to the Heirs of Huiband's their two Bodies begotten, or to the Heirs of one of their Bodies begotten, or to the Hufband and to the Lands. Wife for Term of their Lives, or for Term of Life of the faid Wife; (z) or where any fuch Eftate or Co. pi. f. 171, Purchafe of any Lands, Tenements, or Hereditaments, hath been or hereafter fhall be made to any Huf- l 7 a ' band and to his Wife, in Manner and Form exprefi'ed, or to any other Perfon or Perfons, and to their Heirs and Afligns, totheUfe and Behoof of the faid Hufband and Wife, or to the Ufe of the Wife, as is Co. 1.4. f. i,&c. before rehearfed, for the Jointer of the Wife; (3) that then in every fuch Cafe, every Woman married, P y "' „, J 7 ' having fuch Jointer made or hereafter to be made, fhall not claim, nor have Title to have any Dower of Co.'lnft. 36. b. whom flie hath any fuch Jointer, nor fhall demand nor claim her Dower of and againft them that have the Lands and Inheritances of her faid Hufband; (4) but if fhe have no fuch Jointer, then fbe fhall be ad- mitted and enabled to purfue, have and demand her Dower by Writ of Dower, after the due Courfe and Order of the Common Laws of this Realm; this Aft, or any Law or Provifion made to the contrary thereof notwithftanding. VII. Provided alway, That if any fuch Woman be lawfully expulfed or evifted from her faid Jointer, or from any Part thereof, without any Fraud or Covin, by lawful Entry, Aftion, or by Difcontinuance of her Hufband, then every fuch Woman fhall be endowed of as much of the Refidue of her H-jfband's Te- nements or Hereditaments, whereof file was before dowable, as the fame Lands and Tenements fo evifted and expulfed fhall amount or extend unto. 1 VIII. Provided alfo, That this Aft, nor any Thing therein contained or expreffed, extend or be in any wife hurtful or prejudicial to any Woman or Women heretofore being married, of, for or concerning fuch Right, Title, Ufe, Intereft or Poffeffion, as they or any of them have, claim or pretend ..o have for her or their Jointer or Dower, of, in or to any Manors, Lands, Tenements, or other Hereditaments of any of their late Hufbands, being now dead or deceafed; any Thing contained in this Aft to the contrary not- withstanding. A Jointure after JX. Provided alfo, That if any Wife have, or hereafter fhall have any Manors, Land's, Tenements or h'-cn'oAefufed 6 Hereditaments unto her given and affured after Marriage, for Term of h:r Life,, or othenvife in Jointer, by the Wife. except the fame AiTurance be to her made by Aft of Parliament, and ch .id Wife aft;-, that fortune to Co. i. 3. f.i7. overlive her faid Hufband, in whofe Time the faid Jointer was mad • fiuted unto her, tha< then the fame Moor 711. Wife fo overliving (hall and may at her Liberty, after the De irjh ler faid Hufband, refuft to have and take the Lands and Tenements fo to her given, appointed or affured during the Coverture, for Term of her Life, or otherwife in Jointer, except the fame Afltarance be to her made by Aft of Parliament, as is aforefaid, (2) and thereupon to have, afk, demand and take her Dower by Writ of Dower or otherwife, according to the Common Law, of and in all fuch Lands, Tenements and Hereditaments as her Hufband was and flood feized of any State of Inheritance at any Time during the Coverture; any Thing contained in this Aft to the contrary thereof notwithstanding. X. Provided alfo, That this prefent Aft, or any Thing herein contained, extend nor be at any Time A Woman (haU be endowed, whofe Jointure is recovered. Moor 717. Women hereto- fore married. This Statute ftall ex .inguifli hereafter interpreted, expounded or taken, to extinft, releafe, difcharge or fafpend any Statute, Recogni Recognizance, zances or other Bond, by the Execution of any Eftate, of or in any Lands, Tenements or Hereditaments, by the Authority of this Aft, to any Perfon or Perfons, or Bodies Politick; any Thing contained in this Aft to the contrary thereof notwithftanding. ' XI. And forafmuch as great Ambiguities and Doubts may arife of the Validity and Invalidity of Wills ' heretofore made of any Lands, Tenements and Hereditaments, to the great Trouble of the King's Sub- ' jefts;' (2) the King's moft Royal Majefty minding the Tranquillity and Reft of his loving Subjefts, of his moft excellent and accuftomed Goodnefs is pleafed and contented that it be enacted by the Authority Wiih made be- of this prefent Parliament, That all Manner true and juft Wills and Teftaments heretofore made by any fere the Statute, Perfon or Perfons deceafed, or that fhall deceafe before the firft Day of May, that fhall be in the Year of or lfc-rtly after, our Lord God 1536. of any Lands, Tenements or other Hereditaments, mail be taken and accepted good bT i hey " la " anc ' effectual in the Law, after fuch Fafhion, Manner and Form as they were commony taken and ufed at Dyer f. 14.7, an y Time within forty Years next afore the making of this Aft; any Thing contained in this Aft, or ia Sre fanber r'«- the Preamble thereof, or any Opinion of the Common Law to the contrary thereof notwithftanding. cmiiug mih 3 z H. Z.c.r, 34 fef 35 H, g. V. 5. 29 Car. 2. c. 3. 4 W. (S M. c. 2. 2 & 3 Ann. c. 5. 4 Ann. c. 16. andz$ Geo. 2. c. 6. ^"emitTo" ( °p • "^' P rov ' c ' ec ' always, That the King's Highnefs fhall not have, demand or take any Advantage or Profit, liefs n and°Har- e ' : i " or ' or ^ v Occafion of the executing of any Eftate, only by Authority of this Aft, to any Perfon or Per- ots, fhall be ft>ns> or Bodies Politick, which now have, or on this Side the faid firft Day of May, which fhall be in paid to the King, the Year of our Lord God 1536. fhall have any Ufe or Ufes, Trulls or Confidences in any Manors, 6 Co. 28. Lands, Tenements or Hereditaments holden of the King's Highnefs, by reafon of primer Seifin, Livery, Oufter le main, Fine for Alienation, Relief or Harriot; (2) but that Fines for Alienations, Reliefs and Harriots, fhall be paid to the King's Highnefs, and alfo Liveries and Oujier les mains fhall be fued for Ufes, Trufts and Confidences to be made and executed in Poffeffion by Authority of this Aft, after and from the faid firft Day of May, of Lands and Tenements, and other Hereditaments holden of the King in fuch like Manner and Form, to all Intents, Constructions and Purpofes, as hath heretofore been ufed or accuftomed by the Order of the Laws of this Rer.Im. Ot^er Lords, XIII. Provided. alfo, That no other Perfon or Perfons, or Bodies Politick, of whom any Lands, Tene- ^Th'arrkns'' men 's or Hereditaments be or hereafter fhali be holden' mediate or immediate, fhall in any wife demand or
 * ~' z Jt " ' the Refidue of the Lands, Tenements or Hereditaments, that at any Time were her faid Hufband's, by