Page:Ruffhead - The Statutes at Large - vol 2.djvu/372

 334 C. 5. ■ t Anno xxxiv & xxxv Henri ci VIII. A. D. 1542-3. zo Car 2 c ' ments J Rents or other Hereditaments, in PofiefTion, Reverfion, Remainder, or of Rents or Services inci- §?ii. ' ' dent to any Reverfion or Remainder, and having no Manors, Lands, Tenements or Hereditaments holden 1 Rulrtr. 61. ot the King, his Heirs or Succeffbrs, or of any other Perfon or Perfons by Knights Service, fhall have full Poph, 87, gt, and free Liberty, Power and Authority to give, difpofe, will or devife to any Perfon or Perfons (except Bo- 3 Co. 30. di es Politick and Corporate) by his laft Will and Teftament in Writing, or otherwife by any Act or Acts Dyerr-/'" »«.. LiwFully executed in his Life, by himfelf folely, or by himfelf and other jointly, f.verally or particu- 3 do. 805. " J ' Wlyj> or by all thofe Ways, or any of them, as much as in him of Right is or fhall be, all his faid Manors, Dyer 255. Lands, Tenements, Rents and Hereditaments, or any of them, or any Rents, Commons or other Profits Moor 38. pi. ^ or Commodities out of or to be perceived of the fame, or out of any Parcel thereof, at his own free Will 124. Hob.130. anc j p] ea f u ,- e. anv Claufe in the faid former Act notwithstanding. Devifing or Rent. " ' or Common out of Land. 3 Co. 33. 8 Co. S4. Cro. El. 805. Mcor 625. pi. 858. Lands holden oP V. And further be it declared and enacted by the Authority aforefaid, That all and fingular Perfon and the King by Perfons, having a fole Eftate or Intereft in Fee- fimple, or feifed in Fee-fimple in Coparcenery, or in Corn- KnifhtiSeivice mon j n p ee .f lm pl e, of or in any Manors, Lands, Tenements, Rents or other Hereditaments, in PofTeffion, Moor 177. pi. Reverfion or Remainder, or of and in any Rents or Services incident to any Reverfion or Remainder, hold- 313, 314.' ' en of the King by Knights Service in chief, or of the Nature of Knights Service in chief, hath, and by Lee4i, 51,65. the Authority of this prefent Parliament fjia'l have, full and free Liberty, Power and Authority to give, difpofe, will or affign to any Perfon or Perfons (except Bodies Politick and Corporate) by his laft Will and Teftament in Writing, or otherwife by any Act or Acts lawfully executed in his Life-time by himfelf folely, or by himfelf and others jointly, feverally or particularly, or by all thofe Ways, or any of them, as much as in him of Right is or fhall be, two Parts as well of all the faid Manors, Lands, Tenements, ■to Co. ?o. Rents and Hereditaments, as of all and fingular his other Rents and Hereditaments, or of any of them, or Dver287. an y Rents, Commons or other Profits or Commodities, out of or to be perceived of the fame two Parts, Co. Lit. 76. or out of any Parcel thereof in three Parts to be divided, or as much thereof as fhall amount to the full and clear yearly Value of tv/o Parts thereof, in three Parts to be divided, of what Perfon or Perfons foever the fame be holden, at his free Will and Pleafure. VI. And that by the Authority aforefaid, the faid Will fo declared fhall be good and effectual for two Parts of the faid Manors, Lands, Tenements and Hereditaments, although the Will fo declared be made of the whole, or of more than of two Parts of the fame : (2) The fame Divifion to be made and fet forth by the Devifor or Owner of the fame Manors, Lands, Tenements and Hereditaments, by his laft Will in Writing, or otherwife in Writing ; (3) and in Default thereof, by a Commiffion to be granted out of the King's Court of the Wards and Liveries, upon the Inquiry of the true Value thereof by the Oaths of twelve Men, and Return or Certificate thereof had in the fame Court, of the faid Manors, Lands, Tene- ments and Hereditaments, Divifion to be made by the Mafter of the Wards and Liveries, if the Mafter of the Wards and Liveries for the Time being, and the Parties thereunto, cannot otherwife agree upon the fame Divifion : (4) And that the HTues and Profits of the two Parts of the fame Manors, Lands, Tene- ments and Hereditaments, upon every fuch Divifion to be reftored to them that fhall have Right or Title to the fame from the Death of the Owner or Devifor thereof. Lands holden of VII. And further be it enacted and declared by the Authority aforef.iid, That all and fingular Perfon and the King or Perfons, having a fole Eftate or Intereft in Fee-fimple, or feifed in Fee-fimple in Coparcenery, or in Com- i^ c „ r iL y c • „ mon in Fee-fimple, of and in any Manors, Lands, Tenements, Rents or other Flereditaments, in Pof- Knights bervice, r _ r Tt ■ i ' r i • r> P ■ • • J t> r V, ■ andLandsholden lemon, Reverfion or Remainder, or or and in any Kents or services incident to any Reveriion or Remain- in Socage. der holden of the King, his Heirs or Succefibrs, by Knights Service, and not in Chief, or holden of any Dyer 15S. other Perfon or Perfons by Knights Service, fhall have full and free Liberty, Power and Authority to give, difpofe, will or devife to any Perfon or Perfons (except Bodies Politick and Corporate) by his laft Will and Teftament in Writing, or otherwife by any Act or Acts lawfully executed in his Life by himfelf folely, or by himfelf and other jointly, feverally or particularly, or by all thofe Ways, or any of them, as much as in him of Right is or {hall be, two Parts of all the faid Manors, Lands, Tenements and Hereditaments, or any of them, fo holden by Knights Service, or any Rents, Common or other Profits or Commodities, out of or to be perceived of the fame two Parts, or out of any Parcel thereof in three Parts to be divided, or as much thereof as fhall amount to the full and clear yearly Value of two Parts thereof in three Parts to be divided, at his free Will and Pleafure. AWiiimsdeof VlII. And that the faid Will, fo declared by Authority aforefaid, fhall be good and effectual for two £ e "odfor'two Parts of the faid Manors ' Lands, Tenements and Hereditaments, although the Will fo declared be or fhall Parts. be made of the whole Lands and Tenements fo holden by Knights Service, or of more than two Parts of Raym.249. the fame ; (2) and alfo for the whole of all other fuch Manors, Lands, Tenements and Hereditaments, or Hob. 80. any of them, not holden of the King by Knights Service in chief, or otherwife by Knights Service, nor ot 1 Roll 192. any other Perfon by Knights Service, and of any Rents, Commons or other Profits or Commodities, out 8 Co J' °^ or t0 ^ e P erce ' ve d °f the fame, or out of any Parcel thereof, at his free Will and Pleafure; (3) the Gold'lb. 84. fame Divifion to be made and fet forth by the Owner of the faid Manors, Lands, Tenements and Heredi- Hetlej'57. taments, by his laft Will and Teftament in Writing, or otherwife in Writing ; (4) and in Default thereof, for as much of the fame Manors, Lands, Tenements and Hereditaments as fhall concern the King's In- tereft, by Commiffion to be directed out of the King's Court of the Wards and Liveries, in Manner and Form as is aforefaid, if the Mafter of the Wards and Liveries for the Time being and the Parties thereunto cannot otherwife agree upon the fame Divifion ; (5) and that Reftitution of the Iffues and Profits of the 1 Andeif. 348. rw0 Pjy-ts thereof fhall be had and made in Manner and Form abovefaid: (6) And for fuch of the fame How theiDra- ]j anorS5 Lands, Tenements and Hereditaments, as fhall concern the Intereft of any other Lord or Lords, Parts in three by Commiffion to be granted out of the King's Court of the Chancery, to enquire thereof by the Oaths of ftaltbefet twelve Men, if the fame Lord or Lords and the Parties thereunto cannot otherwife agree upon the fame forth. Divifion. IX. And