Page:Ruffhead - The Statutes at Large - vol 2.djvu/312

 274 C. 2. Anno tricefimo fecundo Henrici VIII, A. D. 1540. tion of that third Part, or of the clear. yearly Value of the third Part thereof, in Manner and Form above declared. The King or XIII. Provided alway, and be it further enacted by the Authority aforefaid, That if that third Part of ml "take fo the Manors, Lands, Tenements or Hereditaments of any of the King's Subjects, which in any of the much as will Cafes abovefaid fhall hereafter come to the King's Highnefs, his Heirs or SucceiTors, by Virtue of this Act, amount to his as is abovefaid, be not, or do not amount to the clear yearly Value of the full third Part of all the faid Ma- tbird Part, if it nors, Lands, Tenements, or other Hereditaments, whereof the King's Highnefs is or {hall be intituled to be not left unto jj aye ^ Cuftody of Primer Seifin, as is abovefaid; that then our faid Sovereign Lord, and his Heirs, fhall m " v and may, at his or their free Liberty and Pleafure, take into his or their Hands and PofleiTion, as much of the other two Parts of the laid Manors, Lands, Tenements and other Hereditaments, as with, that of the fame Manors, Lands, Tenements or Hereditaments holden or remaining in the King's Hands, fhall make up the clear yearly Value of the full third Part of the faid Manors, Lands and Tenements fo to be had to the King's Highnefs in Title of Wardfhip and Primer Seifin, or any of them, as the Cafe fhall require: (z) And like Benefit and Advantage to be given to every Lord or Lords, of whom any fuch Manors, Lands, Tenements or Hereditaments been or fhall be holden by Knights Service, as is abovefaid, concerning only his third Part, of or for Title of Wardfhip. SuingofLiveries, XIV. Provided alway, and be it further enacted by the Authority aforefaid, That every Perfon and Per- ■ payingforReiief f ons jr^ajj f ue their Liveries for Pofleffions, Reverfions or Remainders, and alfo pay Reliefs and Heriots, after PonHRons tS 'Re- fuch Manner and Form as they fhould or ought to have done before the making of this Aft, and as if this verfions, Re- " Aft had never been made. maimer's (hall be XV. And that Fines for Alienations fhall be paid in the King's Chancery, for and upon Writs of Entry astheyha^ebeen. i n the Poji, to be obtained in the fame Court of Chancery, after the faid twentieth Day of July, for corn- Fines for Alie- mon Recoveries to be had or fuffered of any Manors, Lands Tenements or Hereditaments holden of the nations upon King in Chief, in like Manner and Form as is ufed upon Alienations of fuch Manors, Lands, Tenements common ±s.eco- p 7 . m t _ », .» , *- series. or Hereditaments, fo holden in Chief, by r ine or X eortment. 6C0/27. 1 XVI. Provided alfo, and be it enacted by the Authority aforefaid, That in fuch Cafes where Fines for Bro. Alienation Alienations fhall be paid in the King's Chancery for Writs of Entry in the Pqfl, as is aforefaid, that then 3 2 - none other Fine fhall be paid in the fame Court for any fuch Writs; any Ufage or Cuftom to the contrary TwoPcrfons thereof notwithstanding. fcifed of Lands XVII. And be it further enacted by the Authority aforefaid, That where two or more Perfons now hold* holden of the or hereafter fhall hold, any Manors, Lands, Tenements or Hereditaments, of the King our Sovereign. King by Knights Lord by Knights Service, jointly to them, and to the Heirs of one of them, and he that hath the Inheri- Service, and to tance thereof dieth, his Heir being within Age, that in every fuch Cafe the King fhall have the Ward, and of them? " Marriage of the Body of fuch Heir fo being within Age; the Life of the Freeholder or Freeholders of the Women' (hall faid Manors, Lands, Tenements or Hereditaments fo holden by Knights Service notwithflanding: (z) nave their Dow- Saving and referving to all and every Woman and Women, all and every fuch Right, Title and lntereft ers of the two f Dower, as they or any of them ought to have, or be or fhall be juftly intituled to have, claim or demand TheReverfion °^ zn ¥ Manors, Lands, Tenements or Hereditaments, by the Laws of this Realm, to be taken or affignej of the Tenant unto them, or any of them, out of the two Parts of the faid Manors, Lands, Tenements or Heredita- in Dower in the ments, fevered and divided from the third Part, as is abovefaid, and not otherwife; (3) and faving alfo to King, if the the King our Sovereign Lord, his Heirs and Succeffors, the Reverfions of all fuch Tenants in Jointure and Tenant do die i) ower immediately after the Death of all fuch Tenants, if they fhall happen to- die during the Minority S"- of the King's Wards. King's Ward. Co. 126. Bro. Gar. 100. aLeon. 131, Co. Lit. III. b. See farther concerning Wills, 34 S? 3,5 H. g. a, 5. 29. Car. 2. c. 3. 4 ff & M. c.z. 2 & 3 Ann. c. 5. 4. 4nn. c. 36. oik/ a 5 Geo. a, c. 6. CAP. II. The Aft of Limitation with a Provifo-. stile too. 6 "f^Orafmuch as the Time of Limitation appointed for fuing of Writs of Right, and other Writs of Pof- The Benefit of s JL> feffion and Seifin of Mens Anceftors or Predeceflbrs, or of their own Pofieffion or Seifin, by the Laws having acertain c an d Statutes of this Realm heretofore made, limited and appointed, extend, and be of fo far and long t me for" he ' Time paft, that it is above the Remembrance of any living Man, truly to try and know the perfect Cer- eenain Pofitf- ' tainty of fuch Things, as hath or fhall come in Trial, or do extend unto the Time, and Times limited by ■ fion of Lands. ' the faid Laws and Statutes, to the great Danger of Mens Confciences that have or' fhall be impanelled in :l 3 Ed. i.e. 39. t an y Jury for the Trial of the fame; (z) and it is alfo a great Occafion of much Trouble, Vexation and i< _ ' Suits to the King's loving Subjects at the common Laws of this Realm; fo that no Man, although he and •Jbr, Caf.Eq. V. ' n ' s Anceftors, and thofe whofe Eftate he or they have, have been in peaceable PofTeffion of a long Seafon, t. 303,3^6. ' of and inLands, Tenements and other Hereditaments, 13 or can be in any Surety, Quietnefs or Reft, of Sf V. a. 57S. ' and in the fame, without a good Remedy and Reformation be had, made and provided for the fame:' TheLimnauon (».) Be it therefore enacted by the King our Sovereign Lord, the Lords Spiritual and Temporal, and the of Prescription Commons, in this prefent Parliament affembled, and by the Authority of the fame, That no manner of Rioht Perfon or Perfons fhall from henceforth fue, have or maintain any Writ of Right, (4) or make any Pre- ThisClaufcnottorcription, Title or Claim of, to or for any Manors, Lands, Tenements, Rents, Annuities, Commons, extend to Writs Penfions, Portions, Corrodies or other Hereditaments, (5) of the PofleiTion of his or their Anceftor or of Right of Ad- Predeceffor, and decLare and alledge any further Seifin or PofleiTion of his or their Anceftor or Predeceflor,, V °M fen" 10 " but only of the Seifin or Poffefiion of his Anceftor or Predeceffor, which hath been, or now is, or fhall be $. §.'4. ' ' ' feized of the faid Manors, Lands, Tenements, Rents, Annuities, Commons, Penfions, Portions, Cor- Ero, Limitat, s. 4 rodies