Selected quad for the lemma: death_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
death_n	act_n	king_n	parliament_n	4,616	5	7.4258	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
a13252	A briefe treatise of testaments and last willes very profitable to be vnderstoode of all the subiects of this realme of England, (desirous to know, whether, whereof, and how, they may make their testaments: and by what meanes the same may be effected or hindered,) and no lesse delightfull, aswell for the rarenes of the worke, as for the easines of the stile, and method: compiled of such lawes ecclesiasticall and ciuill, as be not repugnant to the lawes, customes, or statutes of this realme, nor derogatorie to the prerogatiue royall. In which treatise also are inserted diuers statutes of this land, together with mention of sundrie customes, aswell general as particular, not impertinent thereunto: besides diuers marginall notes, and quotations not to be neglected, especially of Iustinianists, or young students of the ciuil law: vvith two tables, the one analyticall ... the other alphabeticall ... By the industrie of Henrie Swinburn, Bachelar of the Ciuill Lawe.	Swinburne, Henry, 1560?-1623.	1591 (1591)	STC 23547; ESTC S118058	497,477	642

therof dieth his heire being within age that in euerie such case the king shall haue the warde and mariage of the bodie of such heire so being within age the life of the freeholder or freeholders of the said manors landes tenements or hereditaments so holden by knights seruice notwithstanding Sauing and reseruing to all and euerie woman and women all and euerie such right title interest of dower as they or any of them ought to haue or bee or shall be iustlie intituled to haue claime or demand of anie manors landes tenementes or hereditamentes by the lawes of this realme to be taken or assigned vnto them or anie of them out of the two partes of the said manors landes tenementes or hereditaments seuered and deuided from the third part as is aboue said and not otherwise And sauing also to the king our soueraigne lord his heires and successours the reuersions of all such tenauntes in ioyntenure and dower immediately after the death of such tenauntes if they shall happen to die duringe the minoritie of the kinges wardes An other acte for the Explanation of the former concerning willes and the deuise of landes WHether in the laste parliament begunne and holden at Westminster the 28. day of Aprill in the 31. yeere of the kinges most gratious raigne cap. primo willes 2. And there by diuers prorogations holden and contiued vnto the 24. daie of Iulie in the 32. yeere of his saide raigne It was by the kings most gratious and liberall disposition shewed toward his most hūble and obedient subiects ordeined and enacted howe and in what manner landes tenementes and hereditamentes might by will or testament in writing or otherwise by anie acte or actes lawfullie executed in the life of euerie person giuen diposed willed or deuised for the aduauncement of the wife prefermente of children paiment of debtes of euerie such person or otherwise at his wil or pleasure as in the same acte more plainelie is declared Sithen the making of estatute diuers doubtes questions and ambiguities haue risen beene moued and growen by diuersity of opinions taking in and vpon the exposition of the letter of the same estatute For a plaine declaration and explanacion whereof and to the intent and purpose that the kinges obedient and louing subiectes shall and may take the commoditie and aduantage of the kinges said gratious and liberall disposition the lordes spiritual and temporall and the commons in this present parliament assembled most humbly beseeching the kings maiestie that the meaning of the letter of the same estatute concerning such matters hereafter rehearsed may be by the authority of this presēt parliament enacted taken expounded iudged declared and explaned in manner and fourme following First where it is contained in the same former statute within diuers articles branches of the same that all and singuler person and persons hauing any manors lands tenements or hereditamentes of the estate of inheritance should haue full and free libertie power and authoritie to giue will dispose or assigne as well by last will and testament in writing or otherwise by anie act or actes lawfullie executed in his life his manours landes tenementes or hereditaments or anie of them in such manner and fourme as in the same former act more at large it dooth appeare Which wordes of estate of inheritaunce by the authority of this present parliament is and shall be declared expounded taken and iudged of estates in fee simple onelie And also that all and singuler person and persons hauing a sole estate or interest in fee-simple or seized in fee-simple in copercenarie or in common in fee-simple of in anie manors lands tenements rents or other hereditaments in possession reuersion or remainder or of rents or seruices incident to anie reuersion or remainder and hauing no manors lands tenements or hereditaments holden of the king his heires or successors or of any other person or persons by knights seruice shall haue full and free liberty power and authority to giue dispose will or deuise to anie person or persons except bodies politike and corporate by his last wil and testament in writing or otherwise by any act or actes lawfullie executed in his life by him selfe soly or by himselfe and other iointly seuerally or particularlie or by al those waies or any of them as much as in him of right is or shall be all his said manors lands tenements rentes and hereditaments or any of them or any rents commons or other profits or commodities out of or to be perceiued of the same or out of any parcell thereof at his owne free will and pleasure any clause in the saide former acte notwithstanding And further be it declared enacted by the authority aforesaid that al singuler person persōs hauing a sole estate or interest in fee-simple or seized in fee-simple in copercenery or in cōmon in fee-simple of or in anie manors lāds tenements rentes or other hereditamentes in possession reuersion or remainder or of in any rents or seruices incident to any reuersion or remainder holdē of the king by knights seruice in cheef or of the nature of knights seruice in cheefe hath by the authority of this present parliament shall haue full and free liberty power authoritie to giue dispose will or assigne to any persō or persōs except bodies politike corporate by his last will testament in writing or otherwise by any act or acts lawfully executed in his life by him selfe soly or by himself other iointly seuerally or particularly or by al those waies or any of them as much as in him of right is or shall be two parts aswell of al the said manors lands tenementes rents and hereditaments as of all and singuler his other rents hereditaments or of any of them or anie rents commons or other profits or cōmodities out of or to be perceiued of the same two parts or out of any parcell thereof in three partes to be deuided or as much therof as shal amount to the full and cleere yeerelie value of two parts thereof in three parts to be diuided of what person or persons so euer they be holden at his free will and pleasure And that by the authority aforesaid the said will so declared shal be good and effectuall for two parts of the said manours lands tenements and hereditaments although the will so declared be made of the whole or of more than of two parts of the same The same diuision to be made and set forth by the deuisour or owner of the same manours lands tenements and hereditaments by his last will in writing or otherwise in writing And in default therof by a commission to be graunted out of the kinges courte of the wards and liueries vpon the enquirie of the true value therof by the othes of 12. men and returne or certificate thereof had in the same court of the said manours lands tenementes and hereditaments diuision to be made by the master of the

own proper vse in or to any manors lands tenements rents or hereditaments wherof they be or hereafter shal be seized to anie other vse as if this present act had neuer beene had or made any thing conteined in this acte to the contrarie not withstanding And where also diuers persons stand and be seized of and in any lands tenements or hereditaments in fee simple or otherwise to the vse or intente that some other person or persons shall haue and perceiue yeerely to them and to his or their heires one annuall rent of tenne pounds or more or lesse out of the same lands and tenements and some other person one other annuall rent to him and his assignes for terme of life or yeeres or for some other speciall time according to such intent and vse as hath bin heretofore declared limited made thereof Be it therefore enacted by the authoritie aforesaid that in euery such case the same persons their heirs and assignes that haue such vse and interest to haue and perceiue any such annuall rents out of any lands tenements or hereditaments that they and euery of them their heires and assignes be adiudged and deemed to be in possession and seizon of the same rent of and in such like estate as they had in the title interest or vse of the said rent or profit and as if a sufficient grant or other lawful conueiance had bin made executed to them by such as were or shal be seized to the vse or entēt of any such rent to be had made or paied according to the very trust intent therof And that al euery such person or persons as haue or heereafter shall haue any title vse and interest in or to any such rent or profit shall lawfully distreine for non paiment of the said rent and in their owne names make aduouries or by their balifs or seruants make cognizances and iustifications and haue all other sutes entries and remedies for such rents as if the same rents had bin actually and really graunted to them with sufficient clauses of distresse reentree or otherwise according to such conditions paines or other things limited and appointed vpon the trust and intent for paiment of suretie of such rent And be it further enacted by the authority aforesaid that where as diuerse persons haue purchased or haue estate made and conueied of and in diuers lands tenements and hereditaments vnto them and to their wiues and to the heires of the husband or to the husband and to the wife and to the heires of their two bodies begotten or to the heirs of one of their bodies begotten or to the husband and to the wife for terme of their liues or for terme of life of the said wife or where any such estate or purchase of any lands tenements or hereditaments hath bin or hereafter shall bee made to any husband and to his wife in manner and forme aboue expressed or to any other person or persons and to their heires and assignes to the vse and behoofe of the said husband and wife or to the vse of the wife as is before rehearsed for the iointer of the wife that then in euery such case euery woman married hauing such iointer made or hereafter to be made shall not claime nor haue title to haue any dower of the residue of the lands tenemētes or hereditaments that at any time were her said husbands by whom she hath any such iointer nor shall demand nor claime her dower of and against them that haue the lands and inheritaunces of her said husband But if she haue no such iointer then she shall be admitted and inabled to pursue haue and demand her dower by write of dower after the due course and order of the common lawes of this realme this act or any law or prouision made to the contrarie thereof notwithstanding Prouided alway that if any such woman be lawfully expulsed or euicted from her said iointer or from any part therof without any fraud or couin by lawfull entree action or by discōtinuance of her husband then euery such woman shal be indowed of as much of the residue of her husbands tenements or hereditaments whereof she was before dowable as the same lands and tenements so euicted and expulsed shall amount or extend vnto Prouided also that this act nor any thinge therein conteined or expressed extend or be in any wise hurtfull or preiudiciall to any woman or women heretofore being married of for or concerning such right title vse interest or possession as they or any of them haue claime or pretēd to haue for her or their iointer or dower of in or to any manors lands tenementes or other hereditamentes of any of their late husbands being now dead or deceased any thing conteined in this act to the contrary notwithstanding Prouided also that if any wife haue or hereafter shall haue any manors lands tenements or hereditaments vnto her giuen or assured after mariage for terme of her life or otherwise in iointer except the same assurance be to her made by act of parliament and the said wife after that fortune to ouer-liue the same her husband in whose time the said iointer was made or assured vnto her that then the same wife so ouer liuing shall and may at their liberty after the death of her said husband refuse to haue take the lands and tenements so to her giuen appointed or assured during the couerture for terme of her life or otherwise in iointer except the same assurance be to her made by acte of parliament as is aforesaid and thereupon to haue aske demaund and take her dower by write of dower or otherwise according to the common law of and in all such landes tenements and hereditaments as her husband was and stood seized of any state of inheritance at any time during the couerture any thing conteined in this act to the contrary in any wise notwithstanding Prouided also that this present act nor anie thing therein conteined extend or be at anie time hereafter interpretated expounded or taken to extinct release discharge or suspend anie statute recognizance or other bond by the execution of any estate of or in any lands tenements or hereditaments by the authority of this act to any person or persons or bodies politike any thinge conteined in this acte to the contrary thereof notwithstanding And for as much as great ambiguities and doubts may arise of the validity and inualidity of wils heretofore made of any landes tenements hereditaments to the great trouble of the kings subiects the kings most roial maiesty minding the tranquillitie and rest of his louing subiects of his most excellent and accustomed goodnesse is pleased and contented that it be enacted by the authority of this present parliament that all maner true and iust willes and testaments heretofore made by any personne or persons deceased or that shall decease before the first day of May that shall be in the yeere of our

was intestable at the time of the will making k) Arg. §. praeterea Instit quib non est p●rmiss testa fac verb. nec ad rem Plowd in cas inter Br●t Rigden fol. 341. But if † the testament beeing made during the couerture she doo approoue and confirme the same after the death of her husband in this case the deuise is good by reason of her new consent or new declaration of her will l) L. 1. §. j. de leg 3. ff ibi Paul de castr alij What if the testament be made before the mariage and shee ouer liue her husband whether in this case is the testamēt good or not By the ciuil law it is of as great force as if she had not beene maried at all m) d. §. non tamen §. pen. verb. denique Instit de mil. testa and so I am informed that it is by the lawes of this realme n) Plowd d. cas inter Bret Rigden fol 343 Neuerthelesse I shall willingly referre thee to the learned professors thereof This much of the deuise of lands Of † goods and cattelles the wife can not make her testament without the licence or consent of her husband o) Bracton de legib consuc Ang. lib. 2. c. 26. Brooke tit deuise n. 34 in tit testamēt n. 21. Lindw in c. stat verb. propriorum de testa lib. 3. prouincial constituc Cant. cui tamen hoc durum videtur except in certaine cases hereafter specified p) Hoc ipso §. n. 11. cum sequen because † by the laws and customes of this realme so soone as a man and a woman be married al the goods and cattels personal that the wife had at the time of the spousals or celebration of the mariage or after r) Tract de repub Ang. lib. 3. c. 6. Doct. Stud. lib. 1. c. 7. and also the cattelles reall if he ouer liue his wife belong to the husband by reason of the said mariage s) Doct. Stu. lib. 1. c. 7 and therfore with good reason she can not giue that away which was hers without the sufferance or graunt of the owner t) L. id quod nostrum de reg iur ff c. filius de testa extr Notwithstanding † vpō licence or cōsent of the husband the wife may make her testament euen of his goods v) Lindw in d. c. statutū verb. propriorum de testa lib. 3. prouincial constituc Cant. Bract. d. lib. 2. c. 26. Brook tit deuise n. 34. And albeit the nature of a licence is to goe before the acte x) Phil. Franc. in c. Ratishibitio de reg iur 6. and the propertie of auctoritie or auctorizable consent is to concurre with the acte y) Tiraquel de legib Conub gloss 4. in prin yet by the lawes of this realme if a wife make a testament of her husbands goods the husband not vnderstanding thereof and after her death the executors prooue the same if the husband deliuer the goods deuised in the will to the executor therby he hath made the testament good notwithstanding hee were not priuie to the making thereof z Perkin tit deuise c. 8. fol. 97. Tiraquel vbi supr because in this case the same law presumeth that the husband gaue his cōsent in the beginning at the time of the will making And therfore the same being proued and the goods deliuered accordingly it is thē too late for him to reuoke the same a) Perkin vbi supr Albeit otherwise if † the husband doo giue licence to his wife to make a wil of his goods yet he may reuoke the same not onely at the making of the wil but after her death at the least before the will be proued b) Brook Abridg. tit deuise n. 34. The † cases wherein a wife may make a testament of goodes and cattelles without her husbands licence and consent are these First I suppose that an Emperesse † or a Queene maie make her testament without the licence of the Emperor or King her husband so that it be not in preiudice of her said husband c) De Augusta Regina an quādo exēptae sint à legibus vel statutis quibus cauetur ne vxor testamentum condere valeat sine mariti consensu videre est apud Peckium in praeclaro suo tractatu de testam coning lib. 3. c. 26. The second case is when any thinge is † due vnto the wife wherof she was not possessed during the mariage For it seemeth that she may make her testament thereof and that she may make her husband executor in that case d) Brook Abridg. tit testam n. 11. Fitzherb Abridg tit executor n. 109. Thirdly if † a man and a woman be contracted together in matrimonie and the woman die before espousals or celebration of the mariage albeit the lawe dooth often call this woman thus betrothed and assured by the name of wife because of the certaine hope of mariage shortly to be solemnized whereby she shall become a wife e) Couar de sponsal 2. part c. 1 n. 4. Peckius de testa coniug lib. 4. c. 5. yet I take it for a cleare case that the woman so dying may make her testament without his agreement to whom she was contracted in matrimonie f) Perkins tit feoffmēt c. 3. fol. 40. quod verum est iure huius regni Caeterum attenta legistarum opinione cōmuni si statuto caue atur ne quid coniuges inuicem relinquere possi●t intelligitur etiam de sponsis Peckius tract de testa coniug lib. 4. c. 11. Fourthlie † if the wife bee executrix to an other man she may make her testament without the licence of her husband g) Fitzherb Abridg. tit exec n. 40. Brook eod tit n. 11. Perkins tit de use c. 8. fol. 97. the reason † is because such goods as she hath as executrix are not her husbands but are to be distributed for the deade as for the paiment of his dettes performance of his wil for such other good and godlye purposes h) Latiùs inf par 6. §. j. and therefore if the executrix should make no executor but die intestate administration might be obteined of the goods not administred by the next of kinne of the testator deceased i) Plowden in cas inter Greisbrook Fox for where an executor dieth intestate the testator from that tyme is esteemed to die intestate k) Brook Abridg. tit administrator n. 45. so farre is it from the husband to haue any of those goods wherof his wife is executrix much like vnto that lord whose villeine is executor in which case he can not take from his villeine that which did belong to the testator but his villeine may haue an action against him for the same and may recouer bothe the goodes and dammages as hath beene said before l) Supr ead part §.

make her testament without licence and that the husband dooth graunt licence to the wife to make her testament of a certaine portion of his goodes as many times it hath happened and may againe fall out by reason of bondes and couenauntes at or before the mariage and that the wife so licenced to make a testament dooth first make one testament and afterwardes an other and peraduenture the third or fourth whether shall the licence bee extended to the last testament or shall it bee vnderstood of the first testament onely For that testament is to bee approoued by the ordinarie for the makinge whereof the wife is licensed Diuers and those of great auctority are of opinion that the licence is to be vnderstoode of the first testament and not to be extended to any other testament r) Socin consil 89. vol. 1 Dec. consil 512. Others are of this iudgment that the licence is to bee extended to the last testament s) Sarm entus tract de redditibus ecclesiast c. 4. otherwise the former testament should be voyde because it is reuoked by the latter t) §. posteriore Instit quib mod testa infir and the latter testament should be voyd for want of the husbands licence v) Lindw in c. statutum verb. propriorum vx de testa lib. 3. prouincial constituc Cant. and so no testament at all should take place or if the former testament were not reuoked by the latter as being vnlawfull then it must bee graunted that a testament may take place not onely without the will but euen against the will of the testator x) Quod certè valdè absurdum est Quum potius tolerandum sit vt quis decedat intestatus quàm vt testamentum contra voluntatem testatoris sustineatur Mantic. de coniect. vol. lib. 2. tit 15 whereas it ought to be directed and ruled according to the will of the testator from whence it hath his life being y) Supr prim par §. 3. And although it be so that when licence is graunted to anie to doe an iterable acte otherwise against lawe it ought to be restrained to the first acte onely z) L. Boues §. hoc sermone de verb. sig ff wherof a hūdreth instāces might be brought a) Tiraquel in repet d. §. hoc sermone yet that rule is to be vnderstood when the first acte dooth or may take effect in the life time of the person to whom such licence is graunted b) Sarmientus vbi supr But in our case the acte that is to say the testament is of no force before the death of the testator c) c. Marthae de celebr miss extr and therefore that ought not to minister an impediment which is without effect in lawe d) c. non praestat de reg iur 6. Of those vvhich be Deafe and Dumbe 1 Some persons are both deafe and dumbe others deafe but not dumbe and others againe dumbe but not deafe 2 Whether he which is bothe deafe and dumbe maie make a testament 3 Whether he may make a testament which is deafe but not dumbe 4 Whether he may make a testament which is dumbe but not deafe §. x. WHere it is said that some persons can not make a testament by reason of the defect of some of their principall sences a) Supr ead part §. j. that wee may the better vnderstand who those be wee are to note † that some persons can neither heare nor speake others can speake but not heare some againe can heare and not speake b) Minsing in §. Item surdus Instit quib non est permiss testa fac Touching the first sorte † that is to say those which are both deafe and dumbe if any be so by nature then can hee not make any kinde of testament or last will c) L. discretis C. qui testa fac poss §. Item surdus Instit quib non est permiss testa fac vnlesse it doo appeare by sufficient argumentes that he vnderstandeth what a testament meaneth and that he hath a desire to make a testament for if he haue such vnderstanding and desire then hee may by signes and tokens declare his testament d) Dec. in d. L. discretis Tiraque l. de priuileg piae causae c. 9. Hoc scilicet subintellecto vt in confectione testamentorum Anglicorum sufficiat probatio iuris gentium Id quod non semel dixi sed saepiùs est dicendum if he be not deafe dumbe by nature But beeing once able to heare and speake if by some accident afterwardes he looseth both his hearing and the vse of his tongue then in case he be learned and be able to write he may with his owne hand write his testament or last will and so by arte supplie the defect of nature e) d. §. Item surdus Instit quibus non est per. miss testa fac But if he be not able to write then is he in the same case that they are which be both deafe and dumbe by nature that is to say if he haue vnderstāding he may make his testament by signes otherwise not at all f) Dec. in d. L. discretis Tiraquel de priuileg d. c. 19. piae causae Such † as can speake and can not heare they may make their testamentes as if they coulde both speake heare neither skilleth it whether that defect came by nature or otherwise g) Minsing in d. §. item surdus But there is none found so deafe but that he is able to heare somewhat if not the crying voice of a man yet the loude voice of some instrument as of a horne or a trumpet or a gunne h) Paul de castr I●s in d. L. discretis and if he can speake it is certaine that hee could once heare otherwise if he could neuer haue heard he could neuer haue spoken for howe coulde he bee instructed to speake if hee could neuer heare i) DD. in d. L. discretis in d. § Item surdus Such † as bee speechlesse onely and not voyde of hearing if they be learned may very wel make their testamentes themselues by writing or beeing vnlearned may also make their testamentes by signes so that the same signes be sufficient well knowen to such as then be present k) DD. in L. discretis Of a blinde man 1 A blinde man may make a nuncupatiue testament 2 Whether a blinde man may make a written testament §. xi HE that † is blinde may make a nuncupatiue testament by declaring his will before a sufficient number of witnesses a) Sed an requirantur omnes solennitates de quibus in L. hac consultissima C. qui testa fac poss videtur eas adhiberi debere quia communi Doctorum opinione solennitas huius L. adhibenda est vel in testamento ad pias causas à caeco cōdito nec aliàs quicquā valet Grass Thesaur com op §.

wards and liueries if the maister of the wards and liueries for the time beeing and the parties therunto can not otherwise agree vpon the same diuision And that the issues and profits of the two partes of the same manours lands tenements and hereditaments vpon euery such diuision to bee restored to them that shall haue right or title to the same frō the death of the owner or deuisour therof And further be it enacted and declared by authoritie aforesaid that all and singuler person and persons hauing a sole estate or interest in fee-simple or seized in fee-simple in copercenary or in common in fee-simple of and in any manours lands tenements rents or other hereditaments in possession reuersion or remainder or of and in any rents or seruices incident to any reuersion or remainder holden of the king his heires or successours by knights seruice and not in cheefe or holden of any other person or persons by knights seruice shall haue full and free libertie power and authority to giue dispose will or deuise to any person or persons except bodies politike and corporate by his last will and testament in writing or otherwise by any act or acts lawfully executed in his life by himselfe solie or by himselfe and other iointly seuerally or particularly or by all those waies or any of them as much as in him of right is or shall bee two parts of all the saide manors lands tenements and hereditaments or any of them so holden by knights seruice or any rents common or other profits or commodities out of or to be perceiued of the same two parts or out of any parcell thereof in three parts to be deuided or as much thereof as shal amount to the full and cleere yeerely value of two parts thereof in three parts to be deuided at his free will pleasure And that the said will so declared by authority aforesaid shal be good and effectuall for two parts of the said manors lands tenements or hereditaments although the will so declared be or shal be made of the whole landes and tenementes so holden by knights seruice or of more than of two partes of the same And also for the whole of all other such manours lands tenements and hereditaments or any of them not holden of the kinge by knights seruice in cheefe or otherwise by knights seruice nor of anie other person by kinghts seruice and of any rents commons or other profits or commodities out of or to bee perceiued of the same or out of any parcell thereof at his free will and pleasure The same diuision to be made and set foorth by the owner of the said manours lands tenementes and hereditaments by his last will and testament in writing or otherwise in writing And in default thereof for as much of the same manors lands tenements and hereditaments as shall concerne the kings interest by commission to be directed out of the kings court of the wards and liueries in maner forme as is aforesaid if the master of the wardes and liueries for the time being and the parties thereunto can not otherwise agree vpon the same diuision And that restitution of the issues and profits of the two parts thereof shal be had and made in maner and fourme abouesaid And for such of the same manors lands tenementes and hereditaments as shall concerne the interest of any other lord or lords by commission to be graunted out of the kings court of the Chauncery to enquire thereof by the othes of 12. men if the same lord or lordes and the parties thereunto can not otherwise agree vpon the same diuisiō And be it further enacted and declared by authority aforesaid that the sauings reseruings and prouisions concerning sauing of the custodie wardship releefe and primer season to the king of such manors lands tenements and hereditaments or as much thereof as shall appertaine vnto him by vertue of the said former act and by the declaratiō and expositiō thereof declared by this present act during the kings interest therein And also of the custody and wardship to other lords of as much of such manours lands tenements and hereditaments holden of them as shall amounte and extende to the cleere yeerelie value of the third parte thereof ouer and aboue all charges without any diminution or abridgement of the thirde part or of the full profits thereof comprised and mencioned in diuers articles in the saide former act contained by the authority aforesaid be and shal be intended expounded and taken as hereafter ensueth that is to say that the king shall haue and take for his full thirde part of all such manours lands tenements and hereditaments where vnto he is or shall be intitled by the said former act and by this present act such manours lands and tenements as shal by any meanes discend or come by discent as well of the estate of inheritaunce in fee taile as in fee-simple or in fee taile onely to the heire of any such person or that shall make any will gifte disposition or deuise by his last will in writing or by any act or acts lawfully executed in his life immediately after the death of the same deuisour or owner thereof And that the will gift and deuise of euery such deuisour or owner of and for the two partes of the saide manours lands tenements and hereditaments residue shall by the authority aforesaid be and stand good and effectuall in the law albeit the same will gift or deuise be had and made of all his fee simple lands tenementes and hereditamentes and in case the same manours landes tenementes and hereditamentes which after the death of anie suche owner or deuisour which shall make any such gift disposition or deuise by his last will in writing or otherwise by any act or acts lawfully executed in his life to his wife children or otherwise as is aforesaid which shall immediatly after his death discend reuert remaine or come to his heire or heires as well of estate of inheritaunce in fee taile as of estate in fee simple or fee taile onely be not or shall not amount or extend to the full cleere yeerelie value of the full thirde part with the full profites thereof of all the said manours lands tenements or other hereditaments of the said deuisour or owner according to the true intent and meaning of the said former act and of this present acte that then the king shall and may haue take into his handes and possession to make vp his full third parte with the full profites thereof according to his interest therein as much of the other manours lands tenements or hereditaments willed giuen disposed or assigned by any such person to his wife children or otherwise as is aforesaid as with such of the same manours lands tenements and hereditaments discended or by any meanes come vnto the heire as heire of anie such deuisour or owner shall make vp the cleere yeerelie value of the said full third parte with