Page:Ruffhead - The Statutes at Large - vol 2.djvu/299

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A. D. 1539. Anno tricefimo primo Henrici VIII. C. 1, 2. 261 c a p. XVIII. T: {hall be High Trcafon for any Man to efpoufc, marry or take to his Wife, any of the King's Child 11 g lawfully born, or otherwife commonly reputed for his Children, 01 any of the K the Pail oi the Father, or any of the lawful Children of the Kin 's Brethren contrail Matrimony with any of them, without the King's Licence full had under the Great Seal, or REP. i Ed. 6, to deflower any of them being unmarried : And the Woman fo offending fhall incur the like Danger. C i.e. I. Statutes made at Weftminfter, Anno 31 Hen. VIII. W Anno Dom. 1539- FNRY the Eighth, by the Grace of God King oi England and of France, Defender of the Faith, Lord of Ireland, and in Earth Supreme Head immediately under Chrift of the Church of lit ■. to the Honour of Almighty God, Confervation of the true Doctrine of Chrift's Religion, and for ' the Concord, Quii t and Wealth of this his Realm, and Subjects of the fame, held his molt high Court ' of Parliament, begun at Wejhninjler the twenty-eighth Day of April, and there continued till the twenty- hth Day of June, the one and thirtieth Year of his moft noble and victorious Reign, wherein were C A P. I. For Joint Tenants and Tenants in common. Orafmuch as by the common Laws of this Realm divers of the King's Subjects, being feifed of Manors, Godbolt 54. pi. Lands, Tenements and Hereditaments, as joint Tenants, or as Fenants in common with other, of 97. ' Intciclt and Pofleflion in the fame Manors, Lands, Tenements and Hereditaments, for their Parts or jointly "or in" Portions jointly or in common undividedly together with other; (2) and none of them by the Law common, being doth or may know their feveral Parts or Portions in the fame, or that that is his or theirs, by itlelf un- unJividcd. divided, and cannot by the Laws of this Realm otherwife occupy or take the Profits of the fame, or make K - clIw - 2 ° 3 - D< any Severance, Divifion or Partition thereof, without either of their mutual Aflents and Contents ; (3) z,t ' ' by reafon whereof divers and many of them, being fo jointly and undividedly feifed of the faid Manors, ' Lands, Tenements and Hereditaments, oftentimes of their perverfe, covetous and malicious Minds and ' Wills, againft all Right, Juftice, Equity and good Confcience, by Strength and Power, not only cut ' and fallen down all the Woods and Trees growing upon the fame, but alfo have extirped, fubverted, ' pulled down and deftroyed all the Houfes, Edifices and Buildings, Meadows, Paftures, Commons, and ' the whole Commodities of the fame, and have taken and converted them to their own Ufes and Behoofs, ! ' to the open Wrong and Difherifon and againft the Minds and Wills of other holding the fame Manors, Vin.Abr. v. 14. ' Lands, Tenements and Hereditaments jointly or in common with them, and they have been always 47° '« 539- ' without allured Remedy for the fame :' Wood P. 1. 1S7. II. Be it therefore enacted by the King our moft dread Sovereign Lord, and by the Affent of the Lords To ; nt Te Spiritual and Temporal, and by the Commons, in this prefent Parliament aflembled, That all joint Te- and Tenants in nants and Tenants in common, that now be, or hereafter fliall be, of any Eftate or Eftates of Inheritance common are
 * effablilhed thefe Acts following.'
 * any Filate of Inheritance, in their own Rights, or in the Right of their Wives, by Purchafe, Defcent Several Inconye-
 * or otherwife, and every of them fo being joint Tenants, or Tenants in common, have like Right, Title, Eft!!? "rjl'j 8
 * in their own Rights, or in the Right of their Wives, of any Manors, Lands, Tenements or Hereditaments compellable to

within this Realm of England, Wales, or the Marches of the fame, fhall and may be coached and compelled, J 1 "!^ P M titioa by Virtue of this prefent Act, to make Partition between them of all fuch Manors, Lands, Tenements and Ext-na'ed Hereditaments, as they now hold, or hereafter fliall hold as joint Tenants or Tenants in common, by Writ joint Tenants De participatione facienda, in that Cafe to be devifed in the King our Sovereign Lord's Court of Chancery, &c. for Life or in like Manner and Form as Coparceners by the common Laws of this Realm have been and are compel- Y = ar sby3zH.s. lable to do, and the fame Writ to be purfued at the Common Law. 2 Bulft. 1 14. c „ 3 2 - Co. pi. f. 410. Raymond 249. Dyer 128, 350. b. Ero. Partit. 3s, 41. Cro. El. 759. Cm. Car. 44. III. Provided alway, and be it enacted, That every of the faid joint Tenants or Tenants in common, Every of the and their Heirs, after fuch Partition made, fliall and may have Aid of the other or of their Heirs, to the Joint Tenants Intent to dereign the Warranty paramount, and to recover for the Rate, as is ufed between Coparceners and Tenants in after Partition made by the Order of the Common Law; any Thing in this Act contained to the contrary ™ mmon > h * ]l notwithstanding. Sto.^ ofth " Hob, 179. 6 Co. 12. Scefarthtr 32 H. S. c. 34. S & 9 IV. 3. c. 31. andy Am. c, iS. C A P. II. An Act: that Fifhing in any feveral Pond, or Mote, with an Intent to ftear Fifh out of the fame, is Felony. WHEREAS divers and many of the Lords, Knights, Efquires, Gentlemen, and other the King's All fifMng with Subjects within this his Realm, at their great Cofts and Charges have caufed to be made within N, -" ! ' &c - "'"& their feveral Grounds manv Ponds, Stews and Motes,' and ftored them with divers Kinds of Fifties, as I"^"/ to. ftea ', p,-, F:lh in tie ' rikes,