Lord God 1536 of any lands tenements or other hereditaments shall be taken and accepted good and effectual in the law after such fashion maner and forme as they were commonly taken and vsed at any time within forty yeeres next afore the making of this acte anie thing conteined in this act or in the preamble thereof or any opinion of the common law to the contrarie thereof notwithstanding Prouided alwaies that the kinges highnesse shall not haue demand or take any aduantage or profit for or by occasion of the executing of any estate onely by authority of this act to any person or persons or bodies politike which now haue or on this side the said first day of Maie which shall be in the yeere of our Lorde God 1536 shall haue any vse or vses trustes or confidences in any manors lands tenements or hereditaments holden of the kinges highnesse by reason of primer seizon liuerie Ouster le maine fine for alienation releefe or hariotte but that fines for alienations releefes and hariots shal be paied to the kings highnesse And also liueries and Ouster le maines shall bee sued for vses trusts and confidences to be made and executed in possession by authority of this act after and from the said first day of May of lands and tenements and other hereditamentes holden of the king in such like maner and forme to all intents constructions and purposes as hath heretofore beene vsed or accustomed by the order of the laws of this realme Prouided also that no other person or persons or bodies politike of whom any lands tenements or hereditaments be or hereafter shal be holden mediat or immediat shal in any wise demand or take any fine releefe or harriot for or by occasion of the executing of any estate by the authority of this acte to any person or persons or bodies politike before the said first day of May which shall be in the yeere of our Lord God 1536. And bee it enacted by the authority aforesaid that all and singuler person and persons and bodies politike which at any time on this side the said first day of Maie which shall be in the yeere of our Lord God 1536 shall haue anie estate vnto them executed of and in anie lands tenements or hereditaments by the authority of this act shall and may haue and take the same or like aduantage benefit voucher aid praier remedy commoditie and profit by action entree condition or otherwise to all intents constructions purposes as the person or persons seized to their vse of or in any such lands tenements or hereditaments so executed had should might or ought to haue had at the time of the execution of the estate thereof by the authority of this act against any other person or persons of or for any wast disseizon trespasse condition broken or any other offence cause or thing concerning or touching the said lands or tenements so executed by the authority of this act Prouided also and be it enacted by the authority aforesaid that actions now depending against any person or persons seased of or in any lands tenements or hereditaments to any vse trust or confidence shal not abate ne be discharged for or by reason of executing of any estate therof by authority of this act before the said first day of May which shall be in the yeere of our lord God 1536. any thing conteined in this act to the contrarie notwithstanding Prouided also that this acte nor any thing therein conteined shall not bee preiudiciall to the kings highnes for wardships of heires now being within age nor for liueries or for Ouster le mains to be sued by any person or persons now being within age or of ful age of any landes or tenementes vnto the same heire or heires now all ready descended any thing in this act contained to the contrarie notwithstanding Prouided also and be it enacted by the authority aforesaid that all and singuler recognisances heretofore knowledged taken or made to the kinges vse for or concerning any recoueries of any landes tenementes or hereditaments heretofore vsed or had by write or writs of entree vpon disseizon in Le post shall from henceforth be vtterly voide and of none effect to all intents constructions purposes Prouided also that this act nor any thing therein conteined be in any wise preiudicial or hurtfull to anie person or persons borne in Wales or the marches of the same which shall haue any estate to them executed by authority of this act in any lands tenements or other hereditaments within this realme whereof any other person or persons now stand or be seized to the vse of any such person or persons borne in Wales or the marches of the same but that the same persō or persons borne in Wales or the marches of the same shall or may lawfullie haue reteine and keepe the same lands tenements or other hereditaments whereof estate shall be so vnto them executed by the authority of this act according to the tenor of the same any thing in this act conteined or any other acte or prouision heretofore had or made to the contrary notwithstanding Certaine cases wherein by the statutes of this realme it is lawfull to deuise landes tenementes or hereditaments §. iiij NOwe follow certaine other cases authorised by the statuts of this realme of England wherein it is lawfull to bequeath or deuise lands tenements and hereditamentes by will sometimes wholy and sometimes in part onely or rateably according to the nature of the tenure of such lands tenements and hereditamentes as in the same statuts which I haue here set downe at large doth appeare An Acte declaring how by the Kinges grant landes tenementes and hereditamentes may be by will testament or otherwise disposed and concerning wards and primer seasin c. Anno 32 II. 8. c. 1. WHere the kinges most roiall maiestie in all the time of his moste gratious and noble reigne hath euer beene mercifull louing and beneuolent and most gratious souereigne lord vnto all and singuler his louing and obedient subiectes and at many times past hath not onelie shewed and imparted to them generally by his manie and often great beneficial pardons heretofore by authority of his parlemēts granted but also by diuers other waies and meanes many great and ample grants and benignities in such wise as al his said subiects bin most bounden to the vttermost of all their powers and graces by them receiued of God to render and giue vnto his maiesty their most humble reuerence obedient thanks and seruices with their daily and continuall praier to almighty God for the continual preseruation of his most roiall estate in most kingly honour and prosperity yet alwaies his maiesty being repleat and endowed by God with grace goodnes and liberality most tenderly considering that his said obedient and louing subiects can not vse or exercise thēselues according to their estats degrees faculties and qualities or to beare themselues in such wise
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
pe tut L. matris C. eod in fin quam op longaeuus approbauit vsus but if they doo not electanie other curator after their seuerall ages then hee that is assigned in the will is to bee confirmed curator to either of the said children albeit hee were aboue 14. yeeres and she aboue 12. when the wil was made c) L. tutelae C. de testa tut §. dantur Instit de cura A tutor maie also be assigned to a childe that is not borne d) §. cum autem Instit de tut likewise to an ideote or him that is lunatike e) §. furiosi Instit de cura licet huiusmodi personae maiores sint 25. annis erunt sub curatione d. §. furiosi an haec authoritas fit penes testatorem vel ordinarium an ad regem spectet iure praerogat Quaere vt inf in d. §. But all this which is here aforesaid is to bee restrained so that it be not to the preiudice of him that is a Gardian or hath the wardship of anie infant or minor f) Habenti tutorem tutor non est dandus §. interdum Inst de cura or of anie idiote by reason of anie landes tenementes or hereditaments belonging to such infant or idiote g) Stat. praerogatiuae regis c. 9. Fitzh Breâ—e de idiota inquirendo For by the common lawes of this realme of England the lorde of whom the infant dooth hold his landes so soone as the father dieth hath the wardship and keeping of the heire and thereby maie sease vpon the bodie of the warde and his landes h) Tract de repub Ang. lib. 3. c. 5. per stat de praerog regis an 17. Ed. 2. c. 1. 6. whereof also he maie take the profites without accompt so that he nourish and bring vp the warde i) d. tract de repub An. And not that onelie but also offering to his warde conuenable marriage without disparagement before 21. yeeres if it be a man or 14. if it be a woman if the ward refuse to take that mariage he or she must paie the value of the mariage k) Stat. West c. 22. which is commonlie rated accordinglie to the profites of his lands which is a thing vtterlie condemned of some greatlie lamented of manie both graue and godlie because of the insatiable couetousnesse of diuers in these daies l) Vide d. tract de repub Angl. lib. 3. c. 5. Termes of law verb. gardein for that therby it commeth to passe manie times that a free man and a gentleman whiles he is an infant of slender discretion and lesse experience destitute of his beste friende that is to saie his naturall father and consequentlie subiect to the subtilties and importunities of his craftie and couetous Gailor is bought and solde like a beast to such as seeke to make most aduantage of him and in the ende besides manie moe inconueniaunces matched to my maisters daughter sister cosin or some other female to whom for her vertues and gentle conditions if thine enimie shoulde be preferred in mariage thou couldest wishe him no greater tormeÌ„t if it were lawful forthee to wishe him anie torment hell excepted To these perils are these infants subiect which holde landes of other by knightes seruice called in french Garde noble m) d. tract eod c. 5. for there is an other kind of seruice called Gard Returier alias Gard in socage or tenure by the ploughe n) Eodem loco This wardship falleth to him that is next of kin and can not inherite the lande of the warde o) Stat. Marleb c. 17. an 52. H. 3. as the vnckle on the mothers side if the land descend by the father or the vnckle on the fathers side if the land descend by the mother p) Brook tit gardeins prochein amye n. 11 12. 13. Termes of law verb. prochein amye This Gardyan otherwise called prochein amie is accomptable for the profites and reuenues of the lande to the warde as the tutor for the goods and chattelles to the pupill when he is of full age q) d. stat Marleb c. 17. d. tract de repub Angl. lib. 3. c. 5. Concerning Idiottes such is the praerogatiue of the princes of this lande that they shall haue the custodie of all the landes of naturall fooles and maie take the profite thereof without waste or destruction of whose fee so euer the same be holden findinge to them necessaries r) Stat. Ed. 2. de praerog reg c. 9. And after the death of such Idiottes the lande must be restored to the right heires s) Eod. stat But in the meane time that is to saie during the nonage of the warde or during the life of the Idiote the tuition of the bodie of the warde or Idiote or of his landes can not bee deuised by testament to anie other person contrarie to the course of common lawe in preiudice of him to whom the wardship dooth belong t) Quia tutorem habeÌ„ti tutor non datur sauing the testator maie committe the custodie of suche goods and chattelles as he dooth bequeath to the said infant or ideot to whom hee will and during so long time as he will v) Siquidem vnusquisque potest rebus suis quam velit legem imponere Mantic. lib. 7. tit 1. nu 38. testatoris voluntas habetur pro lege L. seruus ff de manumiss licet alias videatur per Fitzherb Nat. Bre. de idiota inquirendo quòd bonaquae idiotae obueniunt suo gardiano accrescunt Quaere tamenper Stamford suê‘ d. praerog reg c. Idiot Of the manner of appointing Tutors 1 A tutor maie be appointed simplie or conditionally to a daie or from a daie 2 The condition depending what is to be doone in the meane time 3 Lawfull to appointe one or manie tutors 4 Whether where one tutor is appointed an other maie be receiued 5 Whether diuers being assigned one tutor alone may be admitted 6 By what wordes a tutor maie be appointed 7 What if the testator saie I committe my children to thy power or to thy handes 8 What if he saie I committe my children vnto the quicke and deade 9 What if he saie I desire thee to take care of my son 10 The testator maie vse anie language in the assignation of a tutor §. xij BY the saide generall custome it is obserued within the prouince of Yorke a) De qua per plurima acta testa in d. sacro existen that a tutor maie bee assigned either simplie or conditionallie b) §. ad certum Instit qui testa tutor dari poss and vntil a certaine time or from a certaine time c) Eod. §. ad certum L. tutor §. tutorem de testaria tut ff But no tutor maie intermeddle as tutor vntill he be confirmed by the ordinarie albeit he be assigned tutor simplie d) L. legitimus ibi Bar. ff de legit tutel much
it is sufficient if the landes and tenementes be holden in burgage k) Brook tit deuise n. 22 For that not he onelie is said to holde in burgage who is a citizen or burgesse of the place where the lands or tenementes be and holdeth of the kinge or other lorde landes or tenementes lying in the citie or borough yeelding therfore to his said lord a certaine yeerelie rent but he also that is no citizen or burgesse which holdeth of anie lord landes or tenementes in burgage yeelding vnto him a certaine rente by the yeere l) Old tenures verb. burgage which tenor in burgage is but a kind of tenure in soccage m) Litleton tit burgage in princ Howbeit there is this difference betwixt citizens burgesses and freemen and those which be not citizens burgesses or freemen that is to saie citizens burgesses and freemen maie bequeath their burgage landes to Mortmain which others can not doe n) Brook Abridg. tit custome n. 7. 38. 41. tit deuise n. 22. 28. Doct. Stud. lib. 1. c. 10. And in some borough by the custome thereof a man may deuise by his testament lawfullie made his landes and tenementes which hee hath in fee-simple within the same borough at the time of his death and by force thereof the deuisee after the death of the testator maie enter into the tenementes to him deuised to haue and to holde to him after the forme and effect of the deuise without anie libertie of seasin thereof to be made vnto him o) Litleton tit burgage But if there be two iointe tenauntes in fee-simple within one borough where the landes and tenementes within the same be deuisable by testament if one of the said iointe tenauntes deuise that which to him belongeth by testament and die this deuise or legacie is voide p) Principall grounds fol. 20. b. The reason is for that no deuise can take effect till after the death of the testator who did bequeath and deuise the same but by his death all the lande dooth incontinentlie by the lawe of this realme come to the suruiuor who neither claimeth nor hath anie thing by deuise but of his owne right by the suruiuâ—ir according to the course of the lawe of this lande and for this cause such deuise is voide q) Principall grounds fol. 20. b. An other case there was also some-times vsed and practised of deuising lands tenements and hereditamentes by willes to certaine vses intentes and trustes which willes or testamentes of landes tenementes and hereditamentes in feoffees handes were for the time accompted and taken for good r) Stat. H. 8. an 27. c. 10. But this custome was reformed in manie things for diuers good considerations namelie because by the common law of this realme lands tenements hereditaments be not deuisable by testament and also for that such deuises were not onelie hurtfull to the heire of the testator beeing manie times thereby disinherited but also for that diuers other inconueniences did by reason thereof insue as that the lordes lost their wardes mariages reliefes harriots escheates aids Pur faire fitz chiualer pur file marier Furthermore by occasions of suche willes and other conueiaunces to secrete intentes vses and trustes men could not be certainelie assured of anie landes by them purchased nor knew not against whom they should vse their actions executions for their rights and titles Besides this men married lost their tenaÌ„ces by the curtesie women their dowries finally the prince himselfe lost the profits of the landes of persons attainted For reformation whereof a statute was made in the time of King Henrie the eight and enacted as followeth s) d. Stat. H. 8. an 27. c. 10. That is to say that where anie person or persons stand or be seized or at anie time hereafter shal happen to be seized of and in anie honors castels mannors landes tenementes rentes seruices reuersions remainders or other hereditamentes to the vse confidence or trust of anie other person or persons or of anie body politike by reason of anie bargaine saile or feofment fine recouery couenant contract agreement will or otherwise by anie maner meanes whatsoeuer it be that in euerie such case all euerie such persoÌ„ persons bodies politike that haue or hereafter shall haue anie such vse confidence or trust in fee simple fee taile for terme of life or of yeeres or otherwise or anie vse confidence or trust in remainder or reuerter shall from hence-foorth stand and bee seized deemed and adiudged in lawfull seizon estate and possession of and in the same honors castels manors lands tenements rentes seruices reuersions remainders and hereditaments with their appurtenances to all intents constructions and purposes in the lawe of and in such like estates as they had or shall haue in vse trust or confidence of or in the same And that the estate title right and possession that was in such person or persons that were or hereafter shall be seized of anie landes tenements or hereditaments to the vse confidence or trust of anie such person or persons or of anie bodie politike bee from hence-foorth cleerelie deemed and adiudged to be in him or them that haue or hereafter shall haue such vse confidence or trust after such qualitie maner forme and condition as they had before in or to the vse confidence or trust that was in them And bee it further enacted by the authoritie aforesaid that where diuers and many persons be or hereafter shall happen to be iointlie seized of and in anie landes tenements rents reuersions remainders or other hereditaments to the vse confidence or trust of anie of them that bee so iointlie seized that in euerie such case that those person or persons which haue or hereafter shall haue any such vses confidence or trust in anie such landes tenements reuersions remainders or hereditaments shall from hence foorth haue and bee deemed adiudged to haue only to him or them that haue or hereafter shall haue such vse confidence or trust such estate possession and seizon of and in the same lands tenements rents reuersions remainders or other hereditaments in like nature maner forme condition and course as he or they had before in the vse confidence or trust of the same landes tenements or hereditaments sauing and reseruing to all singular persons and bodies politike their heirs and successors other than those person or persons which be seized or hereafter shall be seized of anie landes tenementes or hereditaments to anie vse confidence or trust all such right title entree interest possession rents and action as they or anie of them had or might haue had before the making of this acte And also sauing to all and singuler those persons and to their heires which be or hereafter shall he seized to anie vse all such former right title entree interest possession rents customs seruices and action as they or anie of them might haue had to his or their
the full profits thereof of all the said manours lands tenements hereditaments of euerie such owner or deuisour so to bee had to the king in the title of wardship or primer season as the case shall require And the deuision thereof to be had and made and with the restitution of the profits of the two partes of the said manours lands tenementes and hereditamentes in such maner and fourme as is aboue rehearsed And like benefit and aduantage to be giuen had and taken by the said authority to euerie Lord and Lordes of whom anie such manours lands tenements or hereditaments beene or shall be holden by knightes seruice in maner and fourme as is aboue said concerning onelie his or their third partes thereof according to their said interest therein And be it further enacted by the authoritie aforesaid that if it happen the same third parte or anie part thereof left willed or assigned to the king or other lord at anie time during their interestes therein to be lawfullie euicted or determined that than the king and the other lord shall haue as much of the two partes residue as shall accomplish and make vppe a full thirde part in cleere yeerelie value after the rate and portion of such manours landes tenementes and hereditamentes as shall then happen to remaine of the same third part not deuicted nor determined and of the other two parts of such manours landes tenementes and hereditamentes as the kinge or other lorde shoulde or ought to haue had by vertue of the said former act and this present act and the same to be deuided in maner and fourme aboue rehearsed anie clause in the said former acte notwithstanding And be it further enacted and declared by the authoritie aforesaid that the sauing and reseruing for fines for alienation by anie such last will and testament of such manours landes tenements or hereditaments holden of the king by knightes seruice in cheefe or of the nature of knightes seruice in cheefe or by socage in cheefe or of the nature of socage tenure in cheefe or for fines for alienation of such manours landes tenementes or hereditamentes whereof there shall be anie alteration of freeholde or of inheritance made by anie such last will comprised in diuers and sundrie articles mencioned in the said former acte be and shall be intended expounded taken deemed and iudged by the authoritie aforesaid that all such person or persons to whom the said manours landes tenementes or hereditamentes or anie of them be or shall be giuen disposed willed or deuised by anie such last will shall be exonerated acquited and discharged for euer against the king his heires and successours for all such fines for alienations by anie such last will or testament without licence by suing forth of the kinges pardon for alienation out of the kinges courte of Chauncerie paying to the king his heires or successours for the fine of euerie such alienation the third parte of the yeerelie value of the same manors landes tenementes or other hereditamentes to him or them willed or deuised and this acte from time to time shall be a sufficient warrant to the lord chauncellor of England or keeper of the great seale for the time being for the graunting out of the saide pardon or pardons vnder the kings great seale as heretofore hath beene vsed for pardons for alinations without anie further suite to bee made to the king for the same And it is further declared enacted by the authoritie aforesaid that willes or testamentes made of any manours lands tenements or other hereditaments by any woman couerte or person within the age of 21. yeeres idiote or by any person de non sane memorie shall not bee taken to be good or effectuall in the lawe And further be it enacted by the authoritie aforesaide that if anie person or persons hauing estate of inheritaunce of or in manours landes tenementes or hereditamentes holden of the king by knightes seruice in cheefe or otherwise of the kinge by knightes seruice or of anie other person or persons by knights seruice hath giuen at anie time sithen the 20. daie of the said month of Iulij 32. H. 8. An. do 1540. or hereafter shall giue wil deuise or assigne by will or other acte executed in his life his manours landes tenementes or hereditamentes or anie of them by fraude or couin to anie other person or persons for terme of yeeres life or liues with one remainder ouer in fee or with diuers remainders ouer for terme of yeeres life or in taile with a remainder ouer in fee simple to anie person or persons or to his or their right heires or at anie time sithen the said 20. daie of Iulie hath conueied or made or hereafter shall conueie or make by fraude or couin contrarie to the true intent of this act anie estates conditions menalties tenures or conueiaunces to the intent to defraud or disceiue the king of his praerogatiue primer seasō liuerie releef wardship mariages or rights or any other lord of their wardships releefs heriots or other profites which should or ought to accrue grow or come vnto thē or any of them by or after the death of his or their tenant by force and according to the former estatute and of this present acte and declaration and the same estates and other conueiaunces beeinge found by office to be so made or contriued by couin fraude or disceipt as is abouesaid contrarie to the true intent and meaning of the said former acte and of this act That then the king shall haue as well the wardshippe of the bodie and custodie of the landes tenementes and hereditamentes as liuerie primer season releefe and other profites which shoulde or ought to appertaine to the kinge according to the true intent and meaning of the said former acte and of this present acte as though no such estates or conueiaunces by couin had neuer beene had or made vntill the said office bee lawfullie vndon by trauers or otherwise And that the other lord and lordes of whom anie such manours landes tenementes or hereditamentes shal be holden by knightes seruice as is aforesaid shall haue their remedie in such cases for his or their wardships of bodies and landes by write of right of warde and shall distreine and make auowrie or cognisaunce by themselues or their balifes for their releefes heriots and other profits which should haue beene to them due by or after the death of their tenaunt as if no such estate or conueiaunce had bene had or made Sauing and reseruing alwaies by the authoritie aforesaid the right and title of the donees feoffees leassees and deuisees thereof against the said deuisour and his heires after the interest and title of the king or other lord therin ended and determined Prouided alwaies that this acte explanation and declaration or anie of them or anie thing in this said acte explanation or declaration contained shall not extend to the wil or deuise of sir Iohn Gaynsforde late of
tutoris Happelius tract de tutel tit 38. per totum and in the ende restore vnto the pupill all his goodes and cattelles by him the said tutor before receiued f) L. tutorem quendaÌ„ C. de arbitr tut Olden de action class 4. actioÌ„ tutel directa And for that purpose euerie tutor ought euen at the verie entrie into his office to make a true inuentorie of al the goods and cattelles of his pupill g) L. tutor qui repertorium ff de administr tut L. tutores vel curatores C. de administr tut Bar. in d. L. tutor and to make a iuste and true accompt of his dealinges in the behalfe of his pupill h) L. 1. §. offic de tut ration distrahend ff and it is generallie obserued within the saide prouince that euerie tutor as well testamentarie as other appointed by the ordinarie dooth enter into bonde with suerties to the effecte aforesaide accordinge to the discretion of the ordinarie i) Hoc vsitatissimuÌ„ esse infr prouinc Ebor. certo certius est vtcunque iure ciuili tutor testatorius vel datiuus satisdare non teneatur L. testamento de testa tutel L. 2. de confir tut ff Concerning the authoritie of a tutor assoone as he is confirmed he maie sease vpon the bodie of the pupill k) Aymo consil 18. and maie likewise take possession of all his goods l) L. 1. ff de admÌ„str tut And if anie doe conueie awaie the person of the said pupill hee maie be conuented and in the ende compelled to restore him m) Gabr. lib. 5. com coÌ„clus c. 1. n. 41. post Cas consil 120. Aym cons 18. n. 6. fortè etiam incidit in sententiam excoÌ„municationis quia impedit executionem testamenti per c. statu de testa lib. 3. prouinci constit Cant. Fitzh Nat. Bre. fol. 44. Likewise if anie person do detaine anie thing belonging to his said pupill recouerable in the ecclesiasticall courte hee is vsuallie conuented by the tutor in the behalfe of the pupill n) Sed an debet agere vel conueniri nomine tutorio Bar. in L. 1. §. sufficit ff de admÌ„str tut Brooke Abridg. tit gard el. 2. Furthermore the tutor maie alienate and sell such goodes belonging to the pupill as can not be kept vntill he come to lawfull age o) L. lex C. de admÌ„str tut but other goods which maie conuenientlie be kept and continued vntill the pupill attaine to lawfull yeeres and especiallie goodes immooueable the tutor maie not sell nor alienate p) Eadem L. lex ibi Angel alij By vvhat meanes the tutorship is ended 1 The tutor-ship is ended by diuers meanes 2 In respect of pupill the tutor-ship is ended when he commeth to lawfull age 3 Sufficient age in a man at 21. sometimes at 14. 4 Sufficient age in a woman at 12. 14. 16. yeeres in diuers respectes 5 In respect of the tutor his office is ended if he cannot be executor or doe excuse himselfe 6 Likewise if he be remooued as suspected or become lunatike or deafe and dumbe or be absent or die 7 Howe the tutorship is ended in respect of the forme of the tuition §. xiiij THe tutor-ship is ended by diuers meanes whereof some respecte the person of the pupill some doe respect the person of the tutor and some doe respecte the manner and forme of the tuition it selfe a) Vigel method iur ciuil part 2. lib. 5. c. 8. Wigand Happel tract de tutel tit 55. 56. c. In respect of the person of the pupill the tutorship is finished when the pupill hath accoÌ„plished sufficient age Sufficient age in a man is sometimes at 21. yeeres and not before sometimes at 14 b) Minor quibus casibê° habetur pro maiore vide Repertor Bertachni verb. minor gloss DD. in c. ex part de restitue spol extra In a woman sometimes at 12. sometimes at 14. and sometimes at 16 c) Tract de repub Ang. lib. 3. c. 5. Principall grounds fol. 35. Brook tit gard el. 2. He that is warde by reason of landes holden in knights seruice is not out of ward-ship vntill hee bee of the age of 21. yeeres d) Mag. Char. c. 3. an 9. H. 3. Bract. de leg ceÌ„s Angl. lib. 2. c. 37. Brook tit gard n. 111. he that is ward by reason of lands holden in socage is then out of wardship when he is of the age of 14. yeeres e) Termes of law verb. prochein Amy. at which yeeres hee maie refuse his gardian and call him to an accompt f) Marlebr c. 17. an 52. H. 3. at the same age also is the tutor-ship ended if he haue no landes but goodes and the minor maie then also call his late tutor to accompt g) L. indecorum C. cuÌ„ tut esse desin Instit quib mod tut fin in prin and if he will hee maie then choose a curator either the same person that was tutor or some other h) Supr ead part §. x. A woman assoone as she is 12. yeeres of age is out of the gouernement of her tutor i) Inst quib mod tut fin in princ vnles she be warde in respect of landes for then shee shall continue warde vntill shee bee 16. yeeres olde k) Brook tit gard el. 2. n 7. Principal grounds fol. 35. except she be of the age of 14. yeeres at the death of her auncestors for being of those yeeres at her auncestors death for as much as she maie haue an husband able to doo knights seruice she shall not be warde l) Tract de repub Ang. lib. 3. c. 5. Fitzh Nat. Bre. fol. 141. D. In respect of the person of the tutor the tuition is ended if he become such a one as caÌ„ not be made executor m) L. testament de testa tut ff of whom mention is made hereafter n) Infr. 5. part or if he iustlie excuse himselfe o) Instit tit de excus tut l. 2. §. remittit ff eod But those lawes concerninge excusinge of tutors and curators are verie seldome or not at all practised for tutors now a daies are so far from excusing themselues that on the contrarie they striue and labour mightilie to bee admitted turning that to a benefit which was wont to be a burthen p) Olden in L. 12. tab tit 3. fo mihi 55. Trac de repub Ang. lib. 3. c. 5 or if the tutor be remooued as susspected the tuition is determined q) L. si arrogati §. pen. ff de tut §. pen. Instit de suspec tut and he is said to be a suspected tutor which dealeth not faithfullie in his office r) §. suspectus Instit de susp tut vel cur or if the tutor become lunatike or deafe and dumbe or in that case that hee can not gouerne or administer his goodes s) L complurima ff de tutel L post susceptum de excus tut or if
made during his lunacy or not 38 Testament whether it may be made by him which is at the very point of deth 61 Testaments to be prooued before the ordinary 221 Testaments loose their force 2. waies 239 Testaments by what means they be void from the beginning 239 Testaments being good at the first by what meanes they become void afterwards 239 Testament made by force whether it be void ipso iure 241 Testament confirmed after feare past whether it be good 241 Testament made by feare is good sauing in fauour of the author of his feare 241 Testament made in fauour of children is presumed to be later 256 Testament ad pias causas is presumed later then others to prophane vses 256 Which Testament is presumed later the one made ad pias Causas the other inter Liberos 257 The Testament improperly tearmed Captions which is referred to the will of an other 147 The Testator must be sui iuris 10 Testator at what age he may deuise laÌ„ds 35 Testator at what age he may make a testament of his goods 35 The Testators will may not depend of an other mans wil and what is the reason thereof 147 The Testator may referre his will to anothers will ioyned with a fact 148 The Testator whether he may die partly testate partly intestate 171 The Testator may omit or exclude his own child make others executors 195 The Testator may bequeath sometimes all sometimes halfe sometimes the third part of his goods 104 Things discending to the heire and not to the executor not deuiseable 93 Translation of legacies what it is 281 Whether euerie Translation do include an ademption of the legacie 28 Translation of legacies doth not alwaies include ademption 282 In Translation of legacies whether the charge imposed on the first legatarie be transferred to the secoÌ„d legatarie 282 Traitors or fellons cannot be executors 197 Traitors be intestable 52 Traitors intestable from the time of the crime committed 53 A Traitor pardoned and restored may may make a testament 53 Tutors by whom they may be appointed 96 Tutors who may be appointed 97 Tutors to whom they may be appointed 98 A Tutor cannot be assigned to him that is in ward 98 Tutors may be appointed simplie or conditionally 99 Tutors whether they ought to enter into bond for the performance of their office 101 Tutorship ended by diuers meanes 102 Tutorship ended in respect of sufficient age of the pupill 102 Tutorship ended sometimes in respect of the tutor himselfe 102 Tutorship ended in respect of the forme of the tuition 103 Two testaments priuiledged found without date which is presumed to be the later 31 Two witnesses needful and two sufficient for the proofe of a testament 185 Time of the crime committed 53 What time hath the executor to consult whether he will take or refuse the executorship 216 Time for making an inuentarie 219 V Vaine feare hindereth not the testament 241 Villaine compared to him that is Ascriptitius Glebae 44 A Villaine whether he may make a testament or no. 44 A Villaine whatsoeuer he hath his lord may take it from him 44 A Villaines testament whether it may be made void by his lord 44 A Villaine being executor may make his testament 45 A Villaine executor may maintain action against his lord 45 Vlpian liued long before Iustinian â—9 Volunâ—arie conditions are to be obserued precisely 129 Vnaduised speeches make not a testament 8 Vnaccustomed notes do not hurt a testament ad pias causas 30 An vncertaine person cannot be made executor 203 Vncertaintie manifold 248 Vncertaintie of the person whether it destroy the disposition 249 Vncertaintie by reason there be diuers persons of one name maketh void the disposition 250 Vncertaintie vnhurtfull if the testators meaning be certaine 250 Vncerteintie doth not hinder the disposition ad pias causas 251 Vncertaine by reason of alternatiue speech vnhurtfull 252 Vncertaintie by reason of generalitie in the thing bequeathed whether it destroy the disposition 254 Vncertaine testaments preserued from destruction by the equitie of the lawes Ecclesiasticall 255 Vncertaintie about the date of two testaments maketh both voide 256 Vniust things not to be commanded by the testator 5 Vniuersall executor may enter to all the testators goods and catâ—els and therefore chargeable with the payment of all his debts 175 An Vnlawfull Colledge cannot be executor 202 An Vnlawfull Colledge when it is so reputed 202 Vnperfecte is the testament by two meanes 6 Vnperfect in respect of solemnitie folio 6 Vnperfect in respect of will 6 Vnpriuiledged testaments what they are 32 Of Vnperfect testaments there be two sorts 257 Vnperfect in respect of solemnitie whether the testament be void 257 Vnperfect in respect of will whether the testament be void 258 Vnperfect in respect of will the testameÌ„t may be by diuers meanes 258 An Vnperfect testament is voide by the Ciuil law 258 An Vnperfect testament ad pias causas being vnperfect in respect of will whether it be voide 258 Vnperfect in respect of will the testament is not by reseruation of some thing to be added 2â—9 Vnsolemne testament what it is 18 An vnsolemne testament if it were not properly a testament what inconuenience would follow 20 Vsurer manifest cannot make a testament 56 Euery Vsurer is not intestable 56 A manifest Vsurer who is 56 Whether he be an Vsurer which lendeth for gaine but dooth not receiue any more then the principall 56 An Vsurer is not intestable in England vnlesse he take aboue ten in the hundred for a yeares forbearance or after that rate 56 Vsurie how it is punished in England 56 Vsurer manifest not to be buried in any Church or Churchyard 57 Vsurer manifest incapable of any testamentarie benefite 203 Vulgar forme of prouing testaments 223 W The wardship of a child that hath lands who shall haue 98 Of Wards the hard estate 98 All Wards are not subiect to the like conditions 99 The Wardship of an infant hauing lands in soccage to whom it belongeth 99 Wardship ended by diuers meanes 102 The Wife cannot make her testament of lands though her husband consent 47 The Wiues testament whether it bee good after the death of hir husbande 47 The Wiues testament of lands somtimes good in law notwithstanding the couerture 47 The Wife cannot make hir testament of goods without hir husbandes license and why 47 The Wife may in some cases make hir testament without hir husbandes license 48 The Wife may make hir testament of a thing in action whereof her husband was neuer possessed 48 A Wife executrix may make an executor without hir husbands license 48 A Wife executrix cannot giue away the testators goods by hir will 49 A VVife both executrix and legatarie cannot make a testament of that which she did accept not as executrix but as legatarie 49 A VVife executrix and legatarie whether shall she be deemed to haue accepted the testators goods as executrix or as legatarie 50 A wife wherefore may she not make hir testament of that which she did accept as legatarie 49 A VVife licensed to make hir testament whether she may make any mo willes but one 50 Of a Wife Executrix 215 The Will of the testator chiefe gouernor of the testament 9 Willes are to be fauourably interpreted 193 Witnesses to the number of seuen wherefore they were exacted rather in testaments then in other acts 17 Witnesses two or three sufficient by the law of God 18 Witnesses whether they are to be required in the making of a testament 19 Witnesses not priuy to the contents 23 Witnesses whether they be necessary in a testament amongst children 29 Witnesses must be learned when they do not know the contents of the wil. 23 Witnesses deposing that the testator was of sound minde and memory to be preferred before those which depose the contrary 38 A Witnes euery one may be which is not forbidden 186 The Witnesses not being greater then all exception whether the number may supply the defect 186 Witnesses no greater then all exception in three respects 186 Witnesses are sometimes excluded for their dishonesty 187 Witnesses sometimes excluded for want of iudgement 187 Witnesses sometime excluded for affectioÌ„ 187 Witnesses whether they be always necessary in a writen will 191 A Woman couert cannot make a testament of her lands 47 A Womans testament made before marriage whether it be good if she dy during the couerture 47 A Woman whether she may be a witnes 187 Women as wel as men may be executors 196 This word testament what it signifieth 2 This Word last will what it signifieth 3 This Word lust what it signfieth 5 This VVord lust taken for ful and perfect 6 This VVord Sentence hath many significations 7 VVords vnaduisedly spoken make not a testament 8 The VVordes of the testator are not so greatly to be regarded as his will and meaning 9 These VVords lawfull and iust how they differ 1â— These VVords disposition and sentence how they differ 11 This word codicill what it signifieth 12 This word lust what it signifieth in the definition of a codicill 12 VVords vvithout meaning are of no force 116 By vvhat VVords the disposition is made conditionall 121 Of the VVords and sentences of a vvritteÌ„ testament 190 VVriting necessary in the deuise of lands 19 VVritten testament vvhat it is 22 Writing after the making of the testameÌ„t vvhether it do make it a vvritten testament 23 A VVritten testament hath some things peculiar to it selfe 23 VVithout vvriting the deuise of lands is not good 23 A VVritten Testament may be proued though the vvitnesses be not priuy to the contents 23 VVhat is to be obserued in written testaments vvhere the vvitnesses are not priuy to the contents 23 A VVritten testament in vvhat manner of stuffe it ought to be written 190 A VVritten testament in vvhat language it ought to be vvritten 190 A VVritten testament in vvhat hand it ought to be vvritten 190 A VVriting being found in manner of a vvill vvhether it be presumed the very vvill or but a draught therof 262 Y Yeares 21. requisit for the deuise of lands 35 Yeares after fourteen a boy and a vvoman after tvvelue may make their testaments of goods 35 Yeares See age FINIS Printed at London by I. Windet 1591.
alium patronum quaerat qÌ„ AugustinuÌ„ c. vlt. 17. q. 4 How bee it it seemeth that if the testament were not in fauour of his children but of some other of his kinne that then the testament ad pias causas were to bee preferred vnlesse they did prooue the testament made in their fauour to be the latter t) Mantic. de coniect. vlt. vol. lib. 6. tit â— n. 43. Of testamentes vnpriuileged 1 Vnpriuileged testaments what they are §. xvij VNpriuileged testamentes are they †which haue not any freedome or benefite contrarie to the common course of ordinarie lawe but are tied to such obseruations as the law requireth and hath appointed regularly for all testaments Of which formes wee shall discourse heereafter when oportunitie shall serue THE SECOND PART OF THIS TESTAMENTARIE TREATISE WHEREIN IS DECLARED what persons may make a Testament and who may not so doe The Paragraphs or Chapters of the second parte WHether euery person may make a testament § 1. Of Children § 2. Of madfolkes and lunaticke persons § 3. Of Idiots and fooles § 4. Of olde men § 5. Of him that is drunk § 6. Of Slaues and villaines § 7. Of Captiues and prisoners § 8. Of a woman couert § 9. Of those which be deafe and dumbe § 10. Of him that is blinde § 11. Of traitours § 12. Of Felons § 13. Of Heretikes § 41. Of an Apostata § 15. Of manifest vsurers § 16. Of incestuous persons § 17. Of Sodomites § 18. Of a libeller § 19. Of him that killeth himselfe § 20. Of him that is outlawed § 21. Of an excommunicate person § 22. Of prodigall persons § 24. Of him that hath sworde not to make a testament § 25. Of him that is at the very point of death § 26. Of ecclesiasticall persons § 27. Of Kinges § 28. WHETHER EVERIE PERSON MAY MAKE A TESTAMENT The second part 1 Euerie person may make a Testament which is not forbidden 2 Diuers persons forbidden to make their testaments 3 Some forbidden for want of discretion 4 Some forbidden for want of freedome 5 Some forbidden for want of their principall sences 6 Some forbidden by reason of some hainous crime §. j. IN the second part of this Testamentarie treatise shal be declared God willing what person maye make a testament who may not so do Wherein it maye be set downe for a rule that †euery person both man and woman Christian Iewe sound or sicke and generally of what state or condition so euer he or she be hath full power and liberty to make a testament or last will a) Instit Quibus non est permissam testa fac in prin gloss ibidem Suno de Praetis de inter vlt. vol. lib. 2. inter 1. sol 4. Vasq de success progress lib. 1. § j. Michael Grass Thesaur com op § testmÌ„ q. 20. and may therein dispose of his goods and cattelles b) Quibus enim permissum est testaâ— eisdem codicillari legata relinquere Roland tract de codicil n. 6 Michael Grass Thesaur com op §. Codicil n. 2. sauing such persons onely as be prohibited by law or by custome c) Est enim edictum de testameÌ„tis plubitoriuÌ„ certarum personarum gloss in §. j Instit Quibus non est permissum testa fac Grass Thesaur com op testmÌ„ q. 20. n. 1. Therefore if we shall diligentlye examine what persons are forbidden by lawe or by custome it will easely appeare who they are that can make a testament or dispose of their goods and cattelles And albeit †many persons are forbidden by lawe or custome to make testamentes yet they are reduced of some vnto fower or fiue sortes d) Bar. Bald in L. Si quaeramus ff de testa Lindw in c. cum viris de testa lib. 3. prouincial constit Cant. Amongest the first †are comprehended such as want discretion or iudgement as children e) Infr. ead part §. 2. madde folkes f) Infr. ead part §. 3. and idiots g) Infr. ead part §. 4. to whom also I may ioyne those persons who be so very olde that they become childishe againe h) Infr. ead part §. 5. and him that is drunke i) Infr. ead part §. 6. Amongest the second †sort are comprehended such as lacke freedome full liberty as bondslaue slaues and villeines k) Infr. ead part § 7. vnto whome may be added captiues and prisoners l) Infr. ead part §. 8. and women couert m) Infr. ead part § 9. In the third sort †are contained such as lacke some of their principall senses namely such as bee dombe and deafe n) Infr. ead part §. 10. and blinde o) Infr. ead part §. 11. Among the fourth sorte †are placed such as for some heinous crime are depriued of abilitie of making of testaments as traitors p) Infr. ead part §. 12. felons q) Infr. ead part §. 13. heretikes r) Infr. ead part §. 14. apostataes s) Infr. ead part §. 15. many others t) De quibus infr ead part §§ 16 17 18 19 20 21 22. And last of all others †for other causes hereafter specified v) Infr. ead part §§ 23. 24. cum sequentibus vide Io. ab Imol. in c. qua ingredieÌ„tibê° de testa extr vbi haec sunt carmina Testari nequeunt impubes religiosus Filius in sacris morti damnatus obses Crimme damnatus cum muto surdus ille Qui maiestatem laesit sit caecus ipse Of Children 1 At what age a testament may be made of landes 2 At what age a testament may be made of goods 3 What if the minor be doli capax or a souldier or the testament be ad pias causas 4 What if the testament be made with the auctoritie of the tutor 5 What if the testator doe liue vntill he come to lawfull age 6 A boye after 14. yeeres a woman after 12. maie make a testament of their goods 7 VVhat if the last day of the yeere be not finished 8 VVhat if the testament made during minority bee approoued by the testator after he be of full yeeres §. ij IF we wil vnderstand when a child may make his testament we must distinguish whether the testament be of landes or of goods If of landes †it is prouided by the statutes of this realme that willes or testamentes made of any mannours landes tenementes or other hereditaments by any person within the age of 21. yeeres shall not bee taken to be good or effectuall in law a) Stat. H. 8. an 34. c. 5. for vntill that time by the common laws of this realme they be accompted infantes b) Doct. Stud. lib. j. c. 21. lib. 12 c. 28. If †of goodes we must distinguish whether the child bee man or woman A boye cannot make his testament before hee haue accomplished the age of 14. yeeres nor a wench before
full and cleere yeerelie value of the third parte thereof without anie maner diminution dower fraud couin charge or subtraction of the same third parte or of the full profites thereof Sauing alwaie reseruing to our saide soueraigne lord the king all fines for alienation of anie such manors lands tenements or hereditaments holden of the king by knightes seruice in cheefe whereof there shall be anie alteration of freehold or inheritaunce made by will or otherwise as is abouesaid Be it further enacted by the authoritie abouesaid that if anie person or persons hold any manors lands tenementes or hereditaments onelie of any other lord or person than of the king our said souereigne lorde by knightes seruice and other lands and tenementes in socage or of the nature of socage tenure that then euerie such person shall or may giue dispose or assure by his last will or otherwise by anie act or actes lawfullie executed in his life two partes of the said manors lands and tenementes holden by knights seruice or of as much thereof as shall amount to the full yeerelie value of two partes in maner and forme as is aboue declared and also all the landes and tenementes holden by socage or of the nature of socage tenure at his will and pleasure as is aboue written sauinge and reseruing to the lord of the lands and tenements holden by knightes seruice for his custodie and wardship as much of the same lands and tenementes as shall extend or amounte to the full and cleere yeerelie value of the third part of the same landes and tenements holden by knights seruice without anie diminution dower fraud couin charge or subtraction of anie portion of that third part or of the cleere yeerelie value thereof in manner and forme aforesaid And be it further enacted by the authoritie abouesaid that if any person or persons hold anie manors landes tenementes or hereditamentes onelie of the king our soueraigne lord by knightes seruice and not in cheefe or hold anie manors landes tenementes or hereditamentes of our said soueraigne lord by knights seruice and not in cheefe and also holde other manors landes tenementes and other hereditamentes of anie other person or persons by knights seruice and also holde other manors landes tenementes or hereditamentes of anie other person or persons in socage or of the nature of socage tenure that then all and euerie such person and persons shall and maie giue dispose will deuise and assure by his last wil or otherwise by anie acte or acts lawfullie doone and executed in his life two partes of the same manors landes tenements and hereditaments holden of our said soueraigne lord the king by knights seruice and two partes of the manors landes tenements and hereditaments holden of anie other person or persons by knights seruice or as much of either of them as shall amount to the full yeerelie value of two partes in maner and forme as is aboue declared and also of all his lands and tenements so holden in socage or of the nature of socage tenure at his free will and pleasure Sauing and reseruing to the kings highnesse the custodie and wardship of as much of the same manors landes tenementes or other hereditaments as shal extend and amount to the ful and cleere yeerelie value of the third part of the said manors lands tenementes and hereditaments so holden of his highnesse by knightes seruice without anie diminution dower fraud couin charge and subtraction of anie portion of that third part or of the full profites thereof And also sauinge and reseruing to the lords of whom anie of the said manors landes tenementes or other hereditamentes beene holden by knightes seruice for custodie and wardship as much of the same manors lands tenementes or hereditamentes holden of them or anie of them by knights seruice as shall extend and amount to the full and cleere yeerelie value of the third parte of the same without anie diminution charge fraude couin or subtraction of anie portion of that third or of the cleere yeerelie value of the third part therof in maner forme aboue declared Prouided alwaie and it is further enacted by the authority aforesaid that if that third part of the manors landes tenementes or hereditaments of anie of the kings subiectes which in anie of the cases aboue said shal hereafter come to the kings highnesse his heires or successors by vertue of this acte as is abouesaid be not or doo not amount to the cleere yeerelie value of the third part of all the said manors lands tenementes or other hereditaments whereof the kings highnesse is or shall be intituled to haue the custodie or primer seizon as is aboue said that then our said soueraigne lorde and his heires shall and maie at his or their free libertie and pleasure take into his or their handes possessions as of the other two partes of the said manors landes tenementes and other hereditamentes as with that of the same manors lands tenementes or hereditamentes holden and remaining in the kings hands shal make vp the cleere yeerelie value of the full third parte of the said manors and tenementes so to bee had to the kinges highnesse in title of wardship and primer seizon or anie of them as the case shall require and like benefit and aduantage to be giuen to euerie lorde and lordes of whom anie such manors lands tenementes or hereditamentes beene or shall bee holden by knightes seruice as is abouesaid concerninge onelie his third part of or for title of wardship Prouided alwaie and bee it further enacted by the authoritie aforesaid that euerie person and persons shall sue their liueries for possessions reuersions or remainders and also paie releefes and heriots after such maner and forme as they should or ought to haue doone before the making of this acte and as if this acte had neuer beene made And that fines for alienations shall be paid in the kinges chancerie for and vpon writes of entree in the post to be obteined in the same courte of chancerie after the said twentie daie of Iulie for common recoueries to be had or suffered of anie manors landes tenementes or hereditamentes holden of the king in cheefe in like maner and forme as is vsed vpon alienations of such manors landes tenementes or hereditamentes so holden in cheefe by fine or feoffement Prouided also and be it enacted by the authoritie aforesaid that in such cases where fines for alienations shal be paied in the kings chācerie for writes of entree in post as is aforesaide that then none other fine shall bee paied in the same courte for anie such writes anie vsage or custome to the contrarie thereof notwithstanding And be it further enacted by the authoritie afore-saide that where two or more persons now holde or hereafter shall holde anie manors landes tenementes or hereditamentes of the king our soueraigne lorde by knightes seruice iointlie to them and to the heires of one of them and he that hath the inheritance
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
of the children or the maner of assignation or the office and authoritie of the tutor or the meanes wherby the tuition is ended which I must onelie point at Who maie appoint a Tutor 1 The father maie appoint a tutor by his testamente or last will 2 Whether the mother maie appoint a tutor 3 Whether a straunger maie assigne a tutor 4 Whether the ordinarie maie assigne a tutor §. ix VNderstand therefore that by generall custome obserued within the prouince of Yorke a) De qua consuetudine apertissimè per indubitatae fidei acta instrumenta antiqua in archiuis Archiepiscopi Eâ—oâ—ac reposita constat the father by his last will or testament maie for a time commit the tuition of his childe and the custodie of his portion b) Fatâ—or quidem nostratium liberos ab illa prima potestate ferè solutos quasi emancipâ—tos esse vt refert D. Smith in suo tract de repub Angl. Quâ—â— tamen haec consuetudo quae vel praecipuè in partibus borealibus viget summa nitatur aequitate ratione negari non potest Quis enim diligentiùs de pupilli rebus cogitat quà m parentes aut cui maiori curae esse poterit vt ex eo maximè quantúms nulla alia subesset causa ijs liceret morientibus in testamentis suis designare liberis vice parentes cos quorum experta fide norunt futuros esse liberis suis tutores id est tuâ—ores siue defensores for within that prouince children haue their filial portions of their fathers goods according to the ciuill lawe (c) Et quidem debetur eadem prorsus quantitas nam vt quandoque triens quandoque semis competit auth nouissimo C. de inoffic testoÌ„ pro numero liberorum ita iure quo nos vtimur media pars debetur liberis nulla relicta vxâ—re quà superstite certia pars bonorum ijs competere dignoscitur infr ead part §. 16. except he be heire or aduaunced in the life time of his father d) Vide infr ead part §. 16. which testament and assignation is to be confirmed by the ordinarie e) Id quod iuri ciuili consonat sed si pater filio emancipato tutorem assignauerit omnino Iudicis sententia confirmandus est §. fin Instit de tutel who also is to prouide for the execution of the same testament f) Infr. part 6. § j. If the father die no tutor being by him assigned and the mother doo in her last will and testament appointe a tutor the same will is to be prooued and the assignation of the tutor confirmed g) Confirmatur quidê tutor à matre datus sed cum inquisitione propter fragile mulieris consilium Sufficit verò modica inquisitio filius si instituatur alias requiritur magna L. mater C. de testa tutel L. 2. ff de confir tut Bar. in L. naturali §. si quaeratur eod And if no tutor be assigned by either of the parents then maie a stranger if he make the Orphane his executor and giue him his goodes assigne a tutor vnto him h) L. patronus ff de consir tit nam qui instituit impuberem videtureum eligere quasi in filium Et ipse habetur loco patris Bald. in d. L. si patronus which tutor is by the ordinarie to be confirmed i) d. L. si patronus And if there be no tutor testamentarie at all then maie the ordinarie commit the tuition of the childe to his next kinse-man l) De hac potestate testimonium non obscurum perhibent omnia ferè acta instrumenta tùm recentia tùm antiqua quae in archiuis publicis Archiepiscopi Ebor. fideliter custodita demaunding the same according as in administratioÌ„s where anie dieth intestate (m) Nam vbi successionis emolumentum ibi residet tutelae onus L. 1. ff de tutel so that the childe be not warde for then the ordinarie maie not dispose of the custodie of his person as is hereafter declared (n) Infr. ead part §. xj Who maie be appointed Tutor 1 He that cannot be executor cannot be tutor 2 Whether he that is vnder age or lunatike maie bee appointed tutor 3 Whether a woman maie be tutrix §. x. ANie person maie bee assigned tutor which is not forbiddeÌ„ a) Quando excipiuntur aliqui reliqui proculdubio admittuntur Nam firmat exceptio regulam in non exceptis Dec. Cagnol in L. 1. de reg iui ff who is forbiddeÌ„ may appeare by that which is herafter spoken of an executor b) Infr. part 5. for hee that can not be an executor can not be tutor c) L. testa ff de testa tutel He that is not 21. yeeres olde or is not of perfect minde and memorie maie be assigned tutor but it is to be vnderstoode that hee shall be tutor when he is of ful age or when he doth returne to sanitie of minde d) § furiosus Instit qui tut testa dari poss By the ciuill lawe a woman the mother and grand-mother excepted can not bee assigned tutrix e) L. iure nostro de testa tuit ff but it is not obserued as a law within the prouince of Yorke where not onelie the mother and grand-mother are admitted but other women also albeit they bee married and vnder the gouernement of their husbands f) Vt per acta instrumeÌ„ta d. scacarij Archiepiscopi Ebor. To vvhom a tutor maie be appointed 1 A tutor may bee assigned to him that is not 14. yeeres olde and to her that hath not accomplished twelue 2 After 14. and 12. he and she maie chuse their curators 3 When the curator is to be confirmed 4 A tutor may be assigned to the childe vnborne 5 No tutor can be assigned vnto him that is warde by reason of his landes 6 Neither to infants or idiots wardes 7 Who shall haue the ward-ship of a childe that hath landes 8 What the Gardian maie doo 9 The hard estate of wardes 10 All infantes wards are not subiect to like conditions 11 Who shal be Gardian to the infante which hath landes in socage 12 Procheyn amie accomptable to the ward after his full age 13 Idiots in the custodie of the prince whether the custodie of an infant or ideote may be deuised by the testator §. xj BY the said custome generallie obserued within the prouince of Yorke a Tutor maie be assigned to a boie at anie time vntill hee haue accoÌ„plished the age of 14. yeeres and to a wench vntil she haue accomplished the age of twelue yeeres a) L. tutelae C. de testa tut §. permissum Instit de tutel tit quibus modis tut finitur Instit in prin But after those yeeres he or she respectiuelie maie chuse their owne curators notwithstandinge their fathers will b) §. Item inuiti Instit de curator L. diuus §. curatores ff qui
no lesse profitable for this common wealth then it is vsuall to die Neuerthelesse because it more tendeth to the aduauncement of thy commendation to bee intreated then perswaded and more fitte for mine owne safetie to craue with humilitie then proudly to chalenge that which may be denied reiecting therfore these foresaid reasons I do wholy submit my selfe vnto thy courtesie beseeching thee to vse me friendly and either to pardon freely or to admonish charitablie so shall I haue iust cause to commend thy vertue and gladlie amend any fault committed H. S. Whereas there be sundrie escapes in the print I haue for thy ease caused those of greater consequence to be amended with a penne the rest I shal desire thy selfe to amend or to sustaine without griefe AN ALPHABETICALL TABLE of the particular contents of this treatise wherin is relation to the leafe A ACcount wherefore exacted of the executor fol. 232 Account whether it may be released by the testator 233 Account to bee made to the ordinarie 233 Account whether it is to bee made to the creditors or legataries 234 Account whether it is to bee made to the coexecutors 234 Account when it is to be made 234 Account generall and particular 234 In the Account what proofe is requisite 234 By accusing the testament of falsitie the legatarie doth loose his legacie 288 Ademption of legacies what it is 277 Ademption of legacies two fold 277 Ademption of legacies not presumed 278 Administrators to bee accountable to the ordinarie 92 Administration of the testators goodes to whom it is to be committed the condition of the executorship depending vnaccomplished 169 Administration of the testators goods may be committed to the ordinarie vntill the executorship take place after it is ended 171 Affirmatiue conditions about mariage are not reiected but in some cases 152 Affirmatiue conditions of marrying somtimes harder then the negatiue part 152 Age of testators wherein they may deuise their lands 35 Age of testators wherein they may deuise their goods 35 After the Age of fourteene yeeres a boy and after twelue a woman may make their testamentes of their goods 35 Age how old soeuer dooth not depriue a man of libertie to make his testament 42 Alienation of pupils goodes by the tutor whether it be good or not 102 Alienation of the things bequeathed whether it may be prohibited or no. 154 Alienation of the thinges bequeathed sometimes lawfull notwithstanding the testators prohibition 155 By Alienation of the thing bequeathed whether the legacie be extinguished 285 Alteration of the testators state whether it make voide the testament 272 Alter his will the testator may at any time 277 Ambiguitie what it is and how it may be auoyded 192 Analogie betwixt a testament and a iudiciall sentence 9 Animus testandi howe it is prooued 8 An Apostata cannot make a testament 55 Apostata worse then an heretike 55 Apostata what he is 55 Euery Apostata is not intestable 56 An Apostata cannot bee executor 197 Armed souldiers 26 Of Armed souldiers whether euerie one be equally priuiledged 27 Arguments of madnesse 38 Arbitrarie conditions accounted for accomplished when the let is not in the partie 132 Arbitrary conditions not accounted for accomplished wheÌ„ it doth stande by the partie 132 Arbitrarie conditions wheÌ„ the same must be performed no time being expressed by the testator 157 Arbitrarie conditions in what compasse of time it ought to bee performed after the testators death 158 Ascripâ—itius glebae 44 The authoritie and charge of an executor 209 The Authoritie charge of the executor of an executor 213 The Authoritie and charge of the executor of an administrator 214 Authoritie of the executor testameÌ„tarie in distributing to the poore 251 The Authoritie of a tutor 101 The Auncient forme of making inuentaries 220 B Of Bastards there bee three sortes 198 Bastards begotten in incest or adulterie whether they be capable of any testamentarie benefite 198 Bastards by whom they are to bee nourished by the lawes of this realme 200 Bastards how farre they be capable of any benefite by the lawes of this realme 200 Of Bastards begotten betwixt single persons 201 Benefite by the ministers of Gods worde 27 Benefite by the studie and practise of law 27 A Blind man may make a nuncupatiue testament 52 A Blind man whether he may make a written testament 52 Boasting words do not bind or dispose 8 The Bonde called Mutiana cautio whence it had the name 138 Bonde ought to bee put in where there is prohibition of alienation 155 A Bondslaue cannot make a testament 43 Bondmen as well as free may be executors 196 Burgage landes deuisable by will 71 Burgage lands to whom and after what maner are they deuisable 71 Burgage lands whether they be deuisable by any other but a citizen 71 Burgage tenure is a kinde of tenure in soccage 71 Burgage lands being deuised whether liuerie or seisin bee needfull 72 C Cancelling of a testament ad pias causas is presumed to be done vnaduisedly 31 By Cancellation the force of the testament is ouerthrowne 270 By Cancellation whether a nuncupatiue testameÌ„t lose his force 270 Cancelling of a testament somtimes is not hurtfull to the testameÌ„t 271 Cancelling of the testament to whom it is to be imputed when it is vnknowne who did it 271 By Cancelling the testament the legatarie doth loose his legacie 288 A Captiue during his captiuitie can not make a testament 45 If the Captiue escape whether the testament made during captiuitie be good or not 45 Captiuitie doth not make voide the testament made before 45 Captious conditions wherfore they be so tearmed 146 That Captious dispositions are void this position is diuersly extended 146 Captious conditions do not alwaies make void the disposition 147 Casuall conditions not accounted for accomplished before the euent 133 Casuall conditions sometime reputed for accomplished albeit the same be not indeed performed 133 Casuall and mixt conditions whether the same may be performed before the making of the will 157 A Casuall condition may be accomplished at any time 157 No Cautell can take away the libertie of making a testament 61 Children whose father or mother is in bondage whether they be free or bond 43 The childe begotten before mariage shal be the husbands though another got it 162 The Child begotten during mariage is deemed to be the husbandes though another man had to doo with the wife 162 The Child sometime like to the husband being begotten by the adulterer what is the reason 163 The Childe begotten during mariage in some cases is not adiudged the husbands 164 The Child whether shall it bee deemed the former or later husbaÌ„ds when it is vncertaine whether of them did beget the same 165 If the Child be heard to crie the father shall be tenant by the courtesie 167 The Child if it were not heard to crie whether shall the father bee tenant by the curtesie 167 The Childe in the mothers wombe being made
make a testament 53 Infants as well as others of full age may be made executors 196 Infanitie of minde see Madnes Intestable actiuely by occasion of any crime is intestable also passiuely 203 Inuentary to be made by the tutor 101 An Inuentarie being made the executor need not to pay any legatarie his whole legacie where there is not sufficient to pay the rest 107 No Inuentary being made how far the executor is bounde to pay legacies 108 Inuentary necessary 217 Inuentarie wherefore necessarie 217 In the Inuentary what things are to be put 218 Inuentarie to bee made before the executor meddle with the testators goods 219 Inuentary indented 219 Ioyntenāt whether he may bequeath his part of Burgage land 71 Whos 's Issue is naturall not lawfull whether he is said to die without issue 161 Whos 's Issue is lawfull not naturall whether he be said to die without issue 261 The Issue whether it is the former or second husbands when it is doubted which of them did beget the same 165 Issue whether shall he be deemed to haue who had children but not at his death 166 Issue whether shall he be deemed to haue whose childe is vnborne when he dieth 167 The Issue if it die so soone as it is borne whether shall the father be deemed to haue died without issue 167 If the Issue be borne dead or die as it is borne whether shall the father be sayde to haue had Issue folio 168 This word Iust hath diuers significations 5 Iust opposed to that which is wicked 5 Iust taken for full and perfect 6 Iust what it signifieth in the definition of a codicill 12 K Hee that Killeth himselfe is intestable 58 Kin if the testator make his Kin executor which of his kin is to bee admitted 252 Many kindes of testaments 16 Two Kinds of iudiciall sentences 9 Diuers Kindes of legacies now confounded 15 Three Kindes of giftes in regarde of death 16 Diuers Kindes of priuiledged testaments 25 Three Kinds of Apostasie 55 Two Kindes of Ecclesiasticall persons regular and secular 64 Diuers Kinds of conditions 121 Diuers Kinds of Bastards 198 Diuers kinds of executors 205 Diuers Kindes of executors testamentarie 207 A King whether by his testament he may bestowe his kingdome at his pleasure 66 Knowne or vnknowne persons may be made executors 196 L Landes not deuisable without writing 23 Lands at what age they may be deuised 35 Lands are not deuisable but in certaine cases 70 Lands holden in gauel kind deuisable 70 Landes holden in burgage tenure deuisable 17 Lands deuisable to certaine vses 72 Lands in what cases they may be deuised by the lawes of this realm 77 Lands deuised alienated and redeemed whether the same may bee recouered 280 Last will is a generall worde 3 Last will how it is defined 11 Later testament doth infringe the former 263 By the lawes Ciuill and Canon a King can not giue away his kingdome 67 Whether by the lawes of this realm a King may giue away his kingdome 67 Leases are to be put into the inuentarie 218 Legacies bequeathed by him which dieth intestate by whom they are to be paied 13 Legacie what it is 14 Legacies proceede of liberalitie 14 Legacies payable as well by an administrator as by an executor 15 Legacies are to be payed out of the cleare goods 104 Which legacie is firste to bee paied whē there is not sufficient goods to pay euery legacie wholie 107 A Legacie may be giuen to or from a certain time or to or from an vncertaine time 172 The Legacie is not transmissible which is giuen from an vncertaine time 172 The Legacie whether it bee transmissible the vncertaintie being about the question whether not this question when 172 The Legacie is not transmissible if the question bee onely when not whether 173 The Legacie whether it be transmissible which is giuen after a certaine age 173 The Legacie sometimes transmissible albeit the age be ioined to the substance of the legacie 173 A Legacie being left to a bastarde whether the same bee presumed to bee left for his alimentation 202 A Legacie of wine or corne no quātitie being expressed whether the same be void 255 Legacie due though the executor cannot or will not vndertake the executorship 276 The legacie if it be referred to a certaine day whether it begin to be due at the death of the testator 291 The Legacie is extinguished if the thing bequeathed doo perish 292 The Legacie is not extinguished if the thing bequeathed do perish by the negligence of the executor 292 The Legacie which is generall or doth consist in quantitie cannot perish 293 The Legacie whether it be extinguished if the thing bequeathed be not destroied but the forme onely altered 293 The Legatarie may not take his Legacie of his owne authoritie 15. A Legatarie may not of his owne authoritie take his legacie and what is the reason 119 Legataries what remedie they haue for the obteining of their legacies 119 The Legatarie may sometimes take his legacie of his owne authoritie 119 A Legatarie whether hee may bee a witnesse 187 Legatarie ought to bee capable of the legacie at the testators death 276 Legataries by what meanes they may be made incapable of their legacies 286 A Legatarie whether he loose his legacie by reason of enimitie betwixt him and the testator 286 The Legatarie looseth his legacie by accusing the testament of falsitie 288 The Legatarie looseth his legacie by cancelling the testament 288 The Legatarie whether he loose his legacie by entring to the possession without authoritie 288 The Legatarie if he die at the same instant when the testator dieth whether the legacie be lost 289 A Libeller cannot make a testament 58 A libeller cannot bee executor 203 Licence of the husbande maketh good the wiues testament 47 Licence of the husband whether it must go before or may concurre or follow the wiues testament 48 Licence granted by the husband to the wife whether when it may be reuoked 48 M Mad folks cannot make their testaments 36 Madnes being past whether the testament be good 36 A mad man may make his testamēt betwixt his sits 37 Madnes to be proued by him which obiecteth the same 37 Madnes before the making of the testament whether it be presumed to continue 37 Madnes hard to be proued 38 Madnes how it may be proued 38 Madnes whether it may be proued by singular witnesse 38 Madnes whether it may be proued when the witnesses yeelde a generall reason of their knowledge 38 A Manifest vsurer cannot make a testament 56 A Manifest vsurer not to be buried in any Church or Churchyarde 57 Many being appointed executors whether one may be admitted without the rest 181 Manifest vsurers incapable of testamentarie benefite 203 Many things to bee considered of him that would be resolued whether it were better to accept or refuse the executorshippe folio 209 Mariage though it be vnsolemne yet it is a true mariage 20 Mariages