Selected quad for the lemma: act_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
act_n	king_n	parliament_n	void_a	3,949	5	9.2539	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A84200	The exact law--giver faithfully communicating to the skilfull the firm basis and axioms of their profession. To the ignorant their antient and undoubted birthrights and inheritances. Being as a light unto all the professors of the law, as well counsellors as atturneys, clerks, soliciters, scriveners, &c. Or a manu-ductio, or a leading, as it were, by the hand, all such, both of the gentry or laity (as desire to be instructed how to gain or preserve their estates from the hands of their cruell adversaries) to the perfect knowledg of the common and statute law of this nation.		1658 (1658)	Wing E3652; Thomason E2128_1; ESTC R201913	81,570	230

reversion or remainder so that such assent and agreement to appear of record in the Kings Court. CHAP. XLVII How wrongfull Diseisin is no discent in the Law Enact Anno 32. H. 8. WHere divers persons have by strength and without title entered into Lands and Tenements and wrongfully diseised and dispossessed the rightfull owners and possessors thereof and so being seized by diseisin have died seized thereof by reason of which dying seized the Parties that were so diseized and dispossessed or such other persons as before such descent might have lawfully entered into the said Lands and Tenements be thereby clearly excluded of their entry into the Land and put to their Action for their remedy and recovery thereof It is enacted that the dying seized hereafter of any such diseisour having no right or title therein shall not be deemed any such discent in the Law as to take away the entry of such persons or the Heirs which at the time of the same discent had good title of entry into the same Except that such diseisor had the peaceable possession of his Lands or Tenements whereof he shall so die seized by the space of five years next after the diseisin by him committed without entrie or continuall claim by such as have lawfull title thereunto CHAP. LXVIII The Limitation of Prescription Enacted Anno 32. H. 82. SEisin in a Writ of Right shall be within sixty years before the teste of the same Writ Limitation of years In a Mordancester Cosenage Ayel Writ of Entry Sur diseisin Limitation of 50 years or any other possessory Action upon the possession of his Ancester or Predecessor it shall be within 50 years before the teste of the Original of any such Writ In a Writ upon the Parties own seisin or possession Limitation of 30 years it shall be within 30 years before the teste of the original of the same Writ In an Avowry or Cognizance for rent sute or services of the seisin of his Ancester Predecessor or his his own or of any other whose estate he pretends to have it shall be within 40 years befor the making such Avowry or Cognizance Avowry Formedons in reverter or remainder scire facias upon fines shall be sued within 50 years after the title or cause of Action accrued and not after The Party Demandant Plaintiff or Avowant that upon traverse or deiner by the other Party cannot prove actuall possession or seisin within the times above limitted shall be for ever after barred in all such Writs Actions Barre Avowries Cognizance Prescription c. Provided that in any of the said Actions Attaint upon false Verdict Avowries Prescriptions c. the party grieved may have an Attaint upon a false Verdict given CHAP. XLIX Of Fines FInes have their Names because they make a finall end and determination of all sutes strifes and debates between men For the due levying whereof it was enacted in the fourth year of King Henry the seventh That every Fine after the engrossing shall be proclaimed in the Court the same Term and the three next four severall daies in every Term and in the mean time all Pleas shall cease The Proclamation being so made they shall conclude all Persons both Princes and strangers except women covert persons under age in prison out of the Realm or of none sane memory being not Parties to the Fine The right and interest that any person or persons other then Parties hath or have at the time of the Fine ingrossed is saved so that they or their Heirs pursue such the r right or interest by Action or Lawfull entry within five years after the Proclamations so made so also is the right and interest saved which accrues after the ingrossing of the Fine so that the parties having the same pursue within five years after it so accrues and in this case the Action may be brought against the pernor of the profits If at the time of the Fine ingrossed or of such accruer as aforesaid the persons be covert and no parties to the Fine under age in prison out of the Realm or of none sane memory they or their Heirs have time to pursue their Actions within five years after such imperfection removed The exception that none of the parties nor any to their use had any thing in the Lands at the time of the Fine levied is saved to all persons except parties and Princes Fines at the Common Law have the same force that they had before the making of this Act and a Fine may be levied this way or at the Common Law at the pleasure of the parties ☜ Furthermore in 32. Year of _____ for the avoiding of certain doubts and ambiguities it was enacted that all Fines levied of any person or persons of full age of Lands intailed before the same Fine to themselves or to any of their Ancestors in possession reversion remainder or use shall immediately after the Fine ingressed and Proclamations made be a sufficient barre against them and their Heirs claiming only by such En-tayle and against all others claiming only to their use or to the use of any Heir of their bodies Howbeit this Act shall not barre the interest of any persons accrued by reason of any Fine levied by a Woman after her Husbands death contrary to the Statute of V. H. 7.20 A Fine levied by him who is restrained by any express Act of Parliament so to do shall be void notwithstanding this Act. This Act shall not extend to any Fine heretofore levied of Lands now in suit or heretofore Lawfully recovered in any court by Judgement or otherwise Nor to any Fine of Lands entayled by the Kings Letters-patents or any Act of Parliament the reversion thereof at the time of such fine levied being in the King CHAP. L. Of Testaments or last Wills TEstamentum in Latin is as much to say as mentis Testatio Division that is a Declaration or witnessing of a mans mind And there be two sorts of Testaments The other is called Testamentum Scriptum Written Testament that is a written Testament or last Will by writing and the other is called Testamentum Nuncupaticum The Testament Nuncupative a Testament Nuncupative which is when a man doth express by Mouth his last Will and Testament without writing by calling before him certain of his Neighbours in whose presence he doth signifie by words of his last mind and Will And this for the most part men use to do when for fear of suddenness of death they dare not abide the writing of their Will And this Will unless it be in certain cases is as strong and as sure as is a Testament or last Will put in writing and Sealed with the Seale of the Testator Also though a Testament by writing be not Sealed with the Seale of the Testator yet is the Testament good and effectuall in the Law And ye shall also mark That where a man maketh once his Testament

and Will and afterwards maketh another Will by words if his last Will be proved before the Ordinary and by him put in writing and in sealed with his Seale such last Will shall avoid the first Will unless it be in speciall cases And so alwaies the latter Will and Testament shall avoid the former Finally by an Act made the 21. Year of H. 8. it was ordained that part of the Executors which take upon them the charge of a Will may sell any Land devised by the Testator to be sold albeit the other part which refuse will not joyn with them CHAP. LI. The difference between Executors and Administrators EXecutor is when a man maketh his Testament and last Will and therein nameth the person which shall execute his Testament then he that is so named is his Executor and such an Executor shall have an Action against every Debtor of his Testator Assets in the hands of the Executors and if his Executors have Assets that is to say sufficient in their hands then shall every one to whom the Testator was in Debt have Action against the Executor if he have an Obligation or specialty to shew But in every Cause where the Testator might wage his Law there no Action lieth against the Executor Administrator is he to whom the Ordinary commiteth the Administration and bestowing the goods of a dead man for default of an Executor And Actions shall lye against him or for him as for an Executor and he shall be charged to the value of the goods of the dead and not further if it be not by his false Plea or for that he hath wasted the goods of the dead But if the Administrators dye his Executors be not Administrators Executors of his own wrong but it behoveth the ordinary to commit a new Administration Howbeit if a stranger I mean him that is neither Executor named in the Testament and last Will nor yet Administrator appointed by the ordinary will take the goods of the dead and Administrator of his own head and mind without Lawfull authority this person shall be charged and sued as an Executor and not as an Administrator in an Action which is brought against him by any Creditor But if the ordinary make a Letter de colligendum bona defuncti he that hath such a Letter is not Administrator but the Action lieth in this case against the ordinary as well as if he took the goods by his own hand or by the hand of any other his Servant by any other Commandement CHAP. LII An Act of the probate of Testaments made Anno Dom. 21. H. 8.5 NOthing shall be given for the Probate of a Will or Commision of Administration when the goods of the dead exceed not 5lb save only 6d to the Register Nevertheless the Judge shall not refuse to prove such a Testament being exhibited to him in writing with Wax ready to be Sealed and proved Communi formâ but shall dispatch the party without delay For the Probate of a Will and all other things concerning the same when the goods of the dead exceed 5lb but not 40lb the Judges Fee is 2s 6d and the Registers 12d and when they exceed 40. the Judges Fee is 2s 6d as before and the Registers as much or the Register may refuse the 2s 6d and take a penny for every ten lines of the Will each line being conceived to contain ten Inches in length and for these Fees they shall dispatch the party without frustratory delay Where there is no Will or the Executors refuse it Administration ought to be committed to the Intestates Widow if he left any or to the Widow and the next of the Kindred or in case he left no Widow to one or more of the Kindred or in case they look not after it to any Creditor or Creditors that desire it or in case they also neglect it to any other person or persons at the descretion of the Ordinary who is enjoyned to take Security of such Administrators for the due Administration of the Intestates goods Nothing shall be given for Letters of Administration when the Intestates goods exceed not 5lb and when they exceed 5lb but not 40lb the Officers Fees are only 2s 6d The Executors or Administrators calling to them two or more Creditors or so many of the next of the Kin or in their default two or more neighbours or friends of the dead shall in their presence cause a true Inventory to be made of the goods and shall deliver the same in upon Oath unto the Ordinary indented whereof one part shall remain with the Ordinary and the other with the Executors and Administratours The Judge or Ordinary shall not refuse to receive an Inventory indented Inventory of goods so tendered unto him in Court together with his oath to verifie the same Lands devised to be sold shall not be accounted any of the Testators goods The Fee for the Copy either of the Will or Inventory is the same with that above allowed for registring the Will or else the Register may take a Penny for every ten lines of the length as aforesaid The Officer that taketh more then his due Fee shall forfeit that excess to the Party grieved and besides 10lb to be divided betwixt the King and the same party grieved This Act shall not alter the Customes where less money hath been for probate of Testaments The Ordinary may convent Executors to prove the Testators Will and to bring in the Inventory as before notwithstanding this Act. CHAP. LIII How Lands and Tenements may be by Testament or otherwise disposed of Enacted Anno 32. H. 8. EVery person having Mannours Lands Tenements or Hereditaments holden in Soccage or of the nature of Soccage Tenure and not having any such Mannours Lands c. holden of the King by Knights-service Soccage or of the nature of Tenure in chief Soccage Tenure in chief nor of any other person by Knights-service shall have power to give dispose will and devise as well by his last Will and Testament in writing or otherwise by any Act executed in his life all such Mannours Lands c. at his pleasure Every person having Mannours Lands c. holden of the King in Soccage or of the nature of Soccage in chief and having any other Mannours Lands c. holden of any other person in Soccage or of the nature of Soccage and not having any Mannours Lands c. holden of the King or any other by Knights-service shall have power to give will dispose and devise as well by his last Will and Testament in writing as otherwise by any Act executed in his life all such Mannours Lands c. or any of them at his pleasure Howbeit all such Primer Seisins Reliefs Fines for Alienations and all other rights and duties for Tenures in Soccage or in the nature of Soccage in chief as have been heretofore used are saved to the King and the said Mannours Lands c. are to be

taken had and sued out of the Kings hands by the person or persons to whom they shall be so disposed willed or devised in like manner as hath been used by any Heir or Heirs before the making of this Statute Every person having Mannours Lands c. of Estate in Inheritance holden of the King in chief by Knights-service or of the nature of Knights-service in chief hath power by his last Will in writing or by any other Act executed in his life to give dispose will or assign two parts thereof in three parts to be divided or else so much thereof as shall amount to the yearly value of two parts thereof in three parts to be divided in certainty and by speciall divisions that it may be known in severalty for the advancement of his Wife preferment of his Children and payment of his debts or otherwise at his pleasure Here also the custody Wardship and Primer Seisin or any of them as the case shall require of as much of such Mannours Lands c. as shall amount to the clear yearly value of the third part thereof as also all fines for Alienations upon such alteration of the Free-hold or Inheritance are saved to the King Every person having Mannours Lands c. of Estate of Inheritance holden of the King in chief by Knight-service and having other Mannours Lands c. holden of the King or any other by Knight-service or otherwise hath power to give dispose or will or assign by Will in writing or otherwise by Act executed in his life two parts thereof in three parts to be divided or so much thereof as shall amount to the yearly value of two parts thereof to be severed as aforesaid for the advancement of his Wife preferment of his Children and payment of his Debts or otherwise at his pleasure Here likewise the Custody Wardship Primer Seisin and Fines for Alienation are saved to the King as before Every person having Mannours Lands c. of estate of Inheritance holden of any other Lord by Knight-service and other Lands in Socage or of the nature of Socage may give dispose assure by will or otherwise by Act executed in his life two parts of the Knight-service Land or so much thereof as shall amount to the yearly value of two parts as aforesaid and also all the Socage Land at his pleasure saving to such Lord for his Custody and Wardship so much of the Knight-service Land as shall amount to the yearlyly value of the third part thereof Every person having Mannours Lands c. holden of the King by Knight-service and not in chief or any Mannours Lands c. holden of the King by Knight-service and not in chief and other Mannours Lands c. holden of any other person by Knight-service and also other Mannours Lands c. holden of any other person in Soccage or in the nature of Soccage may give dispose will devise and assure by his last Will or otherwise by Act executed in his life two parts of the said Knight-service Land or so much thereof as shall amount to two parts of the yearly value thereof as aforesaid all the Soccage Land at his will and pleasure Howbeit here also the Custody and Wardship of so much of the said Knight-service Mannours Lands c. as shall amount to the yearly value of the third part thereof are saved to the King and other Lords respectively and if the King or other Lord have not in this case a full third part set out for them they may respectively take into their possession so much of the other two parts as will make it a full third part Provided that all persons shall sue Liverie for Possessions Reversions or Remainders and pay Reliefs and Heriots as they did before the making of this Act. Fines for Alienations shall be paid in Chancery upon Writs of Entry in the Post for common Recoveries suffered of any Mannours Lands c. holden of the King in chief in like manner as upon Alienations of such Mannours Lands c. by Fine or Feoffment Howbeit no other Fine shall be paid there for any such Writs but only such Fines for Alienations Where two or more hold any Mannours Lands c. of the King by Knight-service joyntly to them and their Heirs of one of them and he that hath the Inheritance dieth his Heir being within age the King shall have the Ward and Marriage of such Heir the life of Free holder or Free holders notwithstanding saving to every Woman her Interest of Dower in such Lands to be assigned out of the two parts thereof severed from the third part as abovesaid and not otherwise and saving also the King the Reversions of all such Tenants by joynt-Tenure and Dower after the death of such Tenants in case they happen to die during the Nonage of the Kings Ward CHAP. LIV. Matrimony and Marriage ALl Marriages shall be adjudged lawfull which are not prohibited by Gods Law What marriages shall be lawfull Spirituall persons may marry 32 H. 8.38 All Laws Canons Constitutions and Ordinances which prohibit Marriages to spirituall Persons who by Gods Law may marry and all forfeitures therein shall be void 2 3. E. 6.21 Bigamus is Felony A Bigamus shall suffer death as a Felon unless he or she have had no notice that the Husband or Wife was living within seaven years before or the Marriage be severed by Divorce This Felony shall cause no corruption of blood Bigamy causeth no corruption of blood c. or loss of Dower or inheritance 1 Jac. 11. CHAP. LV. Of Voucher VOucher is when a Praecipe quod reddat of Land is brought against a man What Voucher is and another ought to Warrant the Land to the Tenant then the Tenant shall Vouch him to Warranty and thereupon he shall have a Writ called Summoneas ad Warrantizandum And if the Sheriff return that he hath nothing by the which he may be Summoned then there shall go forth a Writ called Sequatur sub suo periculo and when he cometh he shall plead with the Demandant and if he come not or if he come and cannot barre the Demandant then the Demandant shall recover the Land against the Tenant and the Tenant shall recover as much Land in value against the Vouchee and thereupon shall have a Writ called Capias ad valentiam against the Vouchee CHAP. LIV. Voucher and Connter-Plea of Voucher WHen any demandeth Land against another A Tenant impleaded voucheth the vouchee denieth the Warranty and the party that is impleaded Voucheth to Warranty and the Vouchee denieth his Warranty in this case like as the Tenant should loose the Land in Demand in case where he Vouched and the Vouchee could discharge himself of the Warranty In the same wise shall the Vouchee loose in case where he denieth his Warranty and if it be found and tryed against him that he is bound to Warranty And if an Enquest be depending between the Tenant and the