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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

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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