Page:Ruffhead - The Statutes at Large - vol 2.djvu/334

 2Q6 C. 36. Anno tricefimo fecundoHENRici VIII. A. D. 1540. Deputies fo appointed (hall have like Power and Authority to do and execute .all Things concerning the King's Forefts, Parks and Chafes, and all other Things concerning the Office and Offices of the Juftice of the Forefts, to all Intents and Purpofes, and in as large and ample Manner and Form, as the fame Juftice or juftices might or may lawfully do or execute by the Laws of this Realm, and as though the fame Juftice or Juftices were there perfonally prefent in his or their own Perfon or Perfons. CAP. XXXVI. For the Expofition of the Statute of Fines. «. r. ' jp Seventh, Father of our moft dread Sovereign Lord the King that now is, it was, among many good i$EJ.t. « anc ] f U ndry Statutes and Ordinances then made for the common Wealth, enadted, ordained, and eftabliflj- 34£</. 3^. e. 16. c e j t j le p orm an j Manner how Fines fhould be levied with Proclamations in the King's Court before his i R.t'. c. 7. ' Juftices of his Common Place, (2) and that fuch Fines, with Proclamations fo had and made, to the 4H. 7. c. 24.. * Intent to void all Strife and Debates, fhould be a final End, and conclude as well Privies as Strangers to Moor 114, pi, « the fame, certain Perfons excepted and faved, as in the fame Statute more plainly appeareth ; (3) fithen 3 j_ 6 '. o. ' which Time, by Diverfity of Interpretations, and expounding of the fame Statute, it hath been, and i-s — -ill pi' 200' ' y et > by finne Manner of Perfons doubted and called in Queftion, whether Fines with Proclamations levied Savil 85, 105. ' or to be levied before the faid Juftices, by any Perfon or Perfons having, or claiming to have in any Ma- 2R0H417, ^04. ' nors, Lands, Tenements or Hereditaments comprifed in the fame Fine, in Pofleffion, Reverfion, Re- GoWdj. 9. pi. < mainder, or in Ufe, any manner of Eftate-tail, fhould immediately after the faid Fine levied, engroiTed, x -' ' and Proclamation made, bind the right Heir and Heirs of fuch Tenant in Tail, and every other Perfon ' and Perfons feifed or claiming to their Ufe or Ufes ; by Occafion whereof divers Debates, Controversies, ' Suits and Troubles have been begun, moved, and had within this Realm, and mo be like to enfue, if Plowd. 446. * Remedy for the fame be not provided ;' (4) For the Eftabliftiment and Reformation whereof, and for 3 S ' 5 ,'' & 84 " the fure and fincere Interpretation of the faid Statute, in avoiding all Dangers, Contentions, Controverfies, Co.' tAo. Ambiguities and Doubts that hereafter may enfurge, grow or happen, (5 J our faid Sovereign Lord the King, it Co. 7;'. with the AfTent of the Lords Spiritual and Temporal, and the Commons, in this prefent Parliament aflem- Kro. Affur. 6. bled, and by Authority of the fame, hath enafted and ordained, That all and fingular Fines, as well here- Bro Feoft'm. al tofore levied, as hereafter to be levied before the faid Juftices with Proclamations, according to the faid n Ce S t lie ' Statute, by any Perfon or Perfons of full Age of one and twenty Years, of any Manors, Lands, Tene- Bro." Fines log rnents or Hereditaments, before the Time of the faid Fine levied in any wife entailed to the Perfon or Per- il rS. in. fons fo levying the fame Fine, or to any the Anceftor or Anceftors of the fame Perfon or Perfons in Poflef- Co. Lit. 371. a. fion, Reverfion, Remainder or in Ufe, fhall be, immediately after the fame Fine levied, engrofled, and s Bulftr. 33. Proclamations made, adjudged, accepted, deemed and taken, to all Intents and Purpofes, a fufncient Bar 15 ,1, a. ''' and Difcharge for ever againft the faid Perfon and Perfons, and their Heirs claiming the fame Lands, Te- 1' Leon. 244. nements and Hereditaments, or any Parcel thereof, only by Force of any fuch Entail, (6) and againft all 2 Leon. 36, 57, other Perfons claiming the fame, or any Parcel thereof, only to their Ufe, or to the Ufe of any manner of 6a, 114. Heir of the Bodies of them ; any Ambiguity, Doubt or Contrariofuy of Opinion, rifen or grown upon the 3 Leon. to. f a ;j £ft atute to the contrary notwithftanding. 1 An.-ierf. 3, 39, ' b 141. Skinner 95. 2 And, 109, 114. Cn. Car. 435. Vin. V. 13, 164. TtoodPt. 1. 530. A Fine levied by II. Provided alway, That this Act, nor any Thing therein contained, fhall extend to bar or exclude the the Wife of the lawful Entry, Title or Intereft of any Heir or Heirs, Perfon or Perfons, heretofore given or hereafter to be inheritance of gj V en, grown or accrued to them or any of them, in or to any Manors, Lands, Tenements and Heredita- bami a fhall be" ments, by reafon of any Fine or Fines heretofore levied, or hereafter to be levied, by any Woman after the vr ,i,i. Death of her Hufband, contrary to the Form, Intent and Effect of the Statute made in the faid eleventh jiH. 7. c. ao. Year of the faid King Henry the Seventh, of any Manors, Lands, Tenements and Hereditaments, of the Inheritance or Purchafe of the faid Hufband or of any his Anceftors, given or affigned to any fuch Woman in Dower, for Term of Life or in Tail, in Ufe or in Pofleffion, (2} but that the fame Act made in the ftid eleventh Year of the faid late King Henry the Seventh fhall ftand, remain and be in full Strength and Vir- tue in every Article, Sentence and Claufe therein contained, in like Manner and Form 2s though this pre- lent Aft had never been had ne made. A Fine levied by JJJ. Provided alfo, That this Act, ne any Thing therein contained, do extend to any Fine or Fines at him wj 110 " ' s re - any Time heretofore levied, or hereafter to be levied, of any Lordftiips, Manors, Lands, Tenements or liament fliall'be other Hereditaments whatfoever they be, the Poffeffioners and Owners whereof, by'reafon of any exprefs void. Words contained in any fpecial A£t or Acts of Parliament made or ordained fince the faid fourth Year of the Keilw. 210. Reign of the faid late King Henry the Seventh, ftand, be bounden or reftrained from making any Aliena- tions, Discontinuances, or other Alterations of any of the fame Lordftiips, Manors, Lands, Tenements or other Hereditaments, contained in the faid Fine or Fines; (2) but that all and every fuch Fine and Fines at any Time heretofore levied, or hereafter to be levied, by any fuch Perfon or Perfons or their Pleirs, of any fuch Lordftiips, Manors, Lands, Tenements or other Hereditaments, {hall be of fuch like Force and Strength in the Law, and of none other EffecT: than the fame Fine fo levied, or to be levied, fhould have been if this prefent Act had never been had nor made ; any Thing therein contained to the contrary thereof in any wife notwithftanding. A Fine levied if IV. Provided alfo, That this Ac"r, nor any Thing therein contained, fhall extend to any Fine or Fines Lands in Suit, heretofore levied of any Manors, Lands, Tenements or Hereditaments now in Suit, Demand or Variance, in any of the King's Courts, or whereof any Charters, Evidences or Muniments concerning the fame, be A Fine of Lands now in Demand in the King's high Court of Chancery; (2) nor to any Fine or Fines heretofore levied of before recovered. an y Manors, Lands, Tenements or Hereditaments,- which before the firft Day of this preient Parliament 1 And. 16. have
 * 7 EJ. 1. flat. 1. ' ¥70 ra f ;nuc h as in the fourth Year of the Reign of the late King of famous Memory, King Henry the