Page:Ruffhead - The Statutes at Large - vol 2.djvu/373

 A. D. 1542-3. Anno xxxiv & xxxv Henrici VJI1. C.J, ' he it further enac"! I and d iclared by Authority afoi Paving ol the Cuftody, Wardfhip, Relief and Prin, or b • mui ; ' the ol 1'. ! IX, Pro v if ol the fa id formei Ad, and by the Declaration and Expofition thereof declared by this prefer 1, and aifo of the Cuftody and Wardfhip to 1 and I D it and extend to the clear yearly ' i id Pari over and above all CI , Diminution or Al '■■*?• t, orni the full 1 1 of, comprifed and mentioned in divers Articles in ilv: : J, by the Auihorii , be and fhall be intended, expounded and taken ■ 1 her after en- . that is to fay, That the King fliall have and take for his full third Part of .ill filch Mai .1 whereunto he is or fliall be intituled by the faid former Act, and by this fuch Manors, Lands and Tenements as fhall by any Means deft nd, or com by ) ' ent, as tc of Inheritance in Fi tail as in Fce-fimplc, or in Fee tail only, to tl 1 1 of any fuch Per- fon thai (h.ill make any Will, (jilt, Difpofition or Devife by his laft Will in Writing, or by any Act or ■.fully executed in his Life, immediately after the Death of the fame Devifor or Owner thereof, id that the Will, Gift and Devife of every fuch Devifor or Owner, of and for the two Pan ■ >rs, Lands, Tenements and il 1 dii im nl • refidue, flnll by the Authority aforefaid be and flan : mod and effectual in tin- Law, albeit the fame Will, Gift or Devife be had and made of all his Fce-fimplc >het rencments an J Hereditaments, or of the more Part thereof. °' *" <Jll<:, j XI. Ami in call- the fame Manors, Lands, Tenements and Hereditaments, which after the Death of any Kj^'o^oihe* fuch Owner or Devifor, which fliall make any fuch Gift, Difpofition or Devife by his laft Will in V i L ori j. or otherwife by any Act or Acts lawfully executed in his Life, to his Wife, Children or otherwife, as is Dy*t 150. aforefaid, which fliall immediately after his Death defcend, revert, remain or come to his HJr or Heii . ,1 . wi li of I i ' .llc of inheritance in Fee-tail, as of Eftatc in Fce-fimple, or Fee-tail only, be not or fhall not IoCo - IO * ''or extend to the full clear yearly Value of the full third Part, with the full Profits thereof, of at the faid Manors, Lands, Tenements or other Hereditaments of the faid Devifor or Owner, according to the true Intent and Meaning of the fail former Act, and of this prefent Act ; that then the King fliall and A Remedy may have 'nil rake into his Hands and Poffeflion to make up his full third Part, with the full Profits thereof, *!* ,e ' "". to his Intercft therein, as much of the other Manors, Lands, Tenements and Hereditaments, ,," uft'for the difpofed or affigncd by any fuch Pcrfon to his Wife, Children, or otherwife as is aforefaid, Kin^orothar as v. : h of the fame Manors, Lands, Tenements and Hereditaments, defcended or by any Means come Lords, unti of any fuch Devifor or Owner, fhall make up the clear yearly Value of the faid full fch, the full Profits thereof, of all the faid Manors, Lands, Tenements and Hereditaments of cv .vner or Devifor, fo to be had to the King in Title of Wardfhip or Primer Scifw, as the Cafe fl ; (2) and the Divifion thereof to be had and made, and with the Refticution of the Profits of th . 1 Parts of the faid Manors, Lands, Tenements and Hereditaments, in fuch Manner and Form as is ew ry Lord and Lords, of whom any fuch Manors, Lands, Tenements or Hereditaments been or fhall be hold en by Knights Service, in Manner and Form as is abovefaid, concerning only his or their third Parts, thereof, according to their faid Intercft therein. XII. And he it further enacted by the Authority aforefaid, That if it happen the fame third Part, or any AP..-r t Part thereof, left, willed or affigncd to the King or other Lord, at any Time during their Interefts therein, tl,e fiin B or - fully evicted or determined ; that then the King and the other Lord fhall have as much of the two °^ cr, ^'i 5 ' ■^fidue as fhall accomplifh and make up a full third Part in clear yearly Value, after the Rate and be entailed. Portion of fuch^Mancrs, Lands, Tenements and Hereditaments, as fhall then happen, to remain of the fame third Part, not evicted nor determined, and of the other two Parts of fuch Manors, Lands, Tene- ments and Hereditaments, as the King or other Lord fhould or ought to have had by Virtue of the faid for- mer Act and this prefent Act; (2) and the fame to be divided in M-nner and Form above rehearfed ; any Claufe in the faid former Act notwithstanding. XIII. And be it further enacted and' declared by the Authority aforefaid, That the faving and referving A P.irdon of for Fines for Alienation by any fuch laft Will and Teftament of fuch Manors, Lands, Tenements and Alienation mult Inheritance, made by any fuch laft Will, comprifed in divers and fundry Articles mentioned in the faid Ru: of the t'ormer Act, be and fhall be intended, expounded, taken, deemed and judged, by the Authority aforefaid, yearly Value of. that all fuch Perfon or Perfons, to whom the faid Manors, Lands, Tenements or Hereditaments, or any oft h< i Ld " Js, . , them, be or fhall be given, difpofed, willed, or devifed by any fuch laft Will, fhall be exonerated, ac- , '° c f " r 2>c K z ' quitted, and difcharged for ever againft the King, his Heirs and Succefiors, for all fuch Fines for Aliena- tions by any fuch hft Will or Teftament without Licence, by fuing forth of the King's Pardon for Aliena- tion out of the King's Co,urt of Chancery, paying to the King, his Heirs or Succeffors, for the Fine of every Inch Alienation, the third Part of the yearly Value of the fame Manors, Lands, Tenements or other He- reditaments to him or them willed or devifed. (2) And this Act from Time to Time fliall be a fufneient Warrant to the Lord Chancellor of England, or Keeper of the Great Seal for the Time being, for the grant- ing out of the laid Pardon or Pardons under the King's Great Seal, as heretofore hath been ufed for Pardons tor Alienation, without any further Suit to be made to the King for the fame. XIV. And it is further declared and enact-d by the Authority aforefaid, That Wills or Teftament? made Perfbns ineap*> of any Manors, Lands, Tenements or other Hereditaments, by any Woman covert, or Perfon within the c p'_ c. Age of twenty-one Years, Idiot, or by any Perfon de non fane. Memory, fliall not be taken to be good or 6 ^ *" £ ' effectual in the Law. r : er';«L XV. And Hob.. 105.
 * ,1 ic rehear fed ; (3) and like Advantage and Benefit to be given, had and taken by the faid Authority to