Selected quad for the lemma: land_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
land_n	husband_n	wife_n	writ_n	1,307	5	9.8893	5	false

Text snippets containing the quad

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

testa In so much that † if afterwardes hee doo escape yet the testament made whiles he was with the enemie is voyd b) Ead. L. eius But if † his testament were made before his captiuitie then after his escape the testament is of like force as if he had not beene captiue c) L. ratio ff de captiuis Grass Thesaur cō op §. testm̄ q. 25. vbi hāc opinionem communiter approbatam oftendit Likewise if the testament were made before he were apprehended and the testator die in captiuitie yet is the testament allowed and the executor by force therof is to haue all his goodes here within this realme of England as if he had died the day before his captiuitie d) L. lege Cornelia ff de testa Likewise † if any person be taken as captiue by any Piratte Turke Infidell or Christian where warre is not proclamed hee that is so taken remaineth still a free man and therefore if hee make his testament whiles he is so deteined the testament is good and lawfull e) L. qui à latronibus ff de resta If a † lay man be condemned to perpetuall prison for some offence it seemeth that he can not make a testament f) Panor in Rub. de testm̄ extr Grass Thesaur com op §. testm̄ q. 28. cui tamē opinioni quantumuis communi non acquiescit Clar. §. testm̄ q. 23. but if † any person be imprisoned for dette such imprisonment being ordained for safety not for punishment he is not thereby disabled to make his testament g) Bald. in L. 1. C. si quis aliq testari prohib n. 5. sauing that the testamēt is not good when it is made in his fauour at whose suite the testator is imprisoned of intent to extorte the same h) L. qui carcerem ff quod me caus Mantic. de coniect. vlt. vol. lib. 2. tit 7. n. 2. Of a vvoman couert 1 A maried woman cannot make her testament of lands 2 Especially not to her husband and wherefore 3 What if she be not constrained but doeth deuise the same freely of her owne accord 4 What if the testament be made before mariage 5 What if the testament being made during mariage she ouer liue her husband 6 Certain cases wherin the deuise of lands is good not withstanding the couerture of the testatrix 7 A wife cannot make her ●●●●nent of goods without her husbands licence 〈◊〉 ●●●sent 8 The reason wherefore the wife cannot make her testament of goods without the husbands licence or consent 9 Whether it be necessarie that this licence or consent should goe before the making of the will or concur or may follow 10 Whether and when the husband may reuoke the licence giuen to his wife 11 Certaine cases wherein the wife may make her testament without her husbandes consent 12 Whether an Emperesse or a Queene may make a testament without the consent of the King or Emperour 13 Of that which is due to the wife whereof the husband was neuer possessed she may make her testament without his consent 14 A woman contracted in matrimony if the mariage be not solemnized may make her testament 15 A wife being executrix may make an executor to the former testator without her husbands consent 16 The reason of the former position 17 Whether a wife being executrix may make her husband executor in her place 18 A wife executrix may not giue away the testators goods by her will 19 A wife both executrix and legatarie cannot make a testament of that which she did accept not as executrix but as legatarie 20 The reason wherefore an executor can not dispose the testators goods by legacies 21 The reason wherefore a wife executrix and legatarie may not make her testament of that which she did accept as legatarie 22 Whether shall the wife which is bothe executrix and legatarie bee deemed to haue accepted of the testators goods as executrix or legatarie 23 Whether the wife being licenced to make her testament may make any moe willes but one §. ix A Maried † woman by the lawes and statutes of this realme can not make her testament of any mānors lands tenementes or hereditaments a) Stat. H. 8. an 34. c. 5. This conclusion is diuersly enlarged And first shee † cannot deuise the same to her husband b) Brooke Abridg. tit deuise n. 32. 34. the equitie of which prohibition If I may be so bolde with the good fauour of our temporall lawyers to insert the reason consideration of the ciuill lawe is not obscure For if this gappe were lefte open fewe children should succeede in the mothers inheritaunce c) L. 1. 2. 3. ff de donac inter vir vx But by howe much the husband were more cruel the wife more timerous he crafty she credulous by so much the more were the lawfull heire in dāger to be disherited and the cruel deceitfull husband in hope to be vnworthilye enriched and aduaunced Wherefore if the wife should deuise any her mannors lands tenements or hereditaments or any part therof to her husband this deuise were voide because the same is presumed to haue beene made by constrainte of the husband or other sinister meanes d) Brooke vbi supra Secōdly albeit † it did appeare by due proofe that the husband did not constraine his wife therevnto but that she of her owne accorde or free motion did make any such deuise either to her husband or to any other person by his consent yet is not the deuise good e) Ita saepius accepi à nonnullis huius regni iurisperitis non vulgaribus quos ipse velim consulas as well because the words of the statute are generall and where the lawe dooth not distinguish there may not we distinguish f) L. p. ecio ff de public in rem action as for diuers other reasons grounded in the common laws of this realme Thirdly albeit † the testament be made before the mariage yet she being intestable at the time of her death by reason her husband is thē liuing the testamēt is voyd g) Arg. §. alio Institu quib mod testa infir for it is necessarie to the validity of a testament that the testator haue ability to make a testament not onelie at the time of the making thereof when the testament receiueth his essence or being but also at the time of the testators death when the testament receiueth his strength and confirmation h) d. §. alio §. non tamen Instit quib mod testa infir L. 1. §. exigit ff de bon poss secundū tab Porcꝰ in §. in extra neis Instit de haered qual dr̄ia Fourthly albeit † the wife doo ouerliue the husband yet the testament made duringe the mariage is not good i) c. Non firmatur de reg iur 6. L. 1. § j. de leg 3. the reason is yeelded before because she

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

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 lāds 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 secōd 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 ●9 Volun●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 cat●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 testamēt 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 2●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 affectiō 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 1● 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 vvrittē testament 190 VVriting necessary in the deuise of lands 19 VVritten testament vvhat it is 22 Writing after the making of the testamēt 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.

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

incestuous 57 Meaning or will of the testator chiefe gouernour of the testament 9 The Meaning of the testator diligently to be sought and faithfully to be kept 9 Meaning to be preferred before words 9 Meaning not wordes to be regarded 116 The meaning of the testator to be preferred before the proprietie of words in the deuise of lands proued by diuers examples 118 For the Means it skilleth not where the end is regarded 129 To medle as executor what it is 236 Mention of condition doth not alwaies make the disposition conditionall 116 Mention to be made in the later testament of the former amongest children 29 Militarie testaments vnsolemne yet properly testaments 20 In Minoritie whether a testament may be made with the authoritie of the tutor 35 In Minority whether a souldier may make his testament 35 Mind and memory presumed to be perfect 37 The mind of the testator giueth life to the testament 261 Mixt conditions whether they be reputed for accomplished when it dooth not stand by the partie wherefore the same is not performed 133 Modus conditio how they differ 137 A Monster being born whether shal the parēts be iudged to haue died without issue 168 Mony due for land whether the same ought to be put into the inuentarie 218 Of Mortuaries 230 Mortuaries to be taken but in certaine cases 230 Mortuaries not due where the moueable goods do not extend to ten marks 230 Mortuaries not due but in places where they haue bene vsed to be paid 231 Mothers whether they may appoint tutors to their children 97 Multitude or scarcitie of solemnities doth not make our testaments to disagree with the former definitiō of a testament 20 He that standeth Mute at the barre may make his testament of his lands 54 Mutiana Cautio why it is so tearmed 138 N Necessarie conditions whether they make the disposition conditionall 117 Necessarie conditions which they be 121 Of Necessarie conditions there be two sorts 121 Necessarie conditions doo not suspend the effect of the disposition 124 Necessarie conditions being otherwise expressed then vnderstoode suspend the disposition 124 The necessitie of an inuentarie 217 A Negatiue condition is then saide to be accomplished when it cannot be infringed 139 Notes vnaccustomed do not hurt a testament ad pias causas 30 Notes or characters of a written testament 190 Notable goods 222 Nuncupatiue testament what it is 24. Nuncupatiue wherefore so called 24 Nuncupatiue testament of what efficacie 24 Nuncupatiue testaments when they be commonly made and why then 24 Nuncupatiue testament made diuers wayes 24 A Nuncupatiue testament whether it lose his force by cancellation 270 Number of witnesses needfull or sufficient for the proofe of a testament 185 The number of witnesses doth somtimes supply the defect 186 O Obiections against the definition of our testaments in England 19 Obscuritie what it is and howe it may be auoided 192 The office of a tutor dooth principally respect the person of the pupill 101 The office of an executor testamentarie wherein it doth principally consist 217 Office of the ordinarie in an account 235 One onely vsurarie act whether it make a manifest vsurer 56 One alone or mo together may be appointed executors 181 One of the executors may execute when the rest refuse 183 One executor alone whether hee may sue or be sued without his fellowes 183 One executor cannot sue another 183 One witnesse sometimes sufficient for the proofe of a testament 186 One executor whether he may sue another 215 One executor whether he may preiudice an other 215 One of diuers executors may sell the testators goods 216 One onely mortuarie due 231 One and the same thing being bequeathed first to one and afterwards to another whether it may be wholy taken away from the former 283 The Ordinarie whether he may appoint a tutor 97 The office of a tutor secondarilie doth respect the good administration of the pupils goods 101 The Ordinary whether he may limit a certaine time for the performance of the condition 159 The Ordinary may commit administration vntill the executorship take place or after the executorship is ended 171 Oath about the inuentarie 220 Oath of the executor prouing the wil. 225 An other person cannot make my testament 10 Old age alone doth depriue no man of the libertie of making a testament 42 An Old man childish cannot make his testament 42 An Old man which hath lost his memory cannot make a testament 42 An Outlawed person looseth his goods and the benefite of the lawe 59 An Outlawed person whether hee may make his testament 59 An Outlawed person doth somtimes forfeit his lands as well as his goods 59 An Outlawed person may make his testament of his lands not forfeited 59 An Outlawed person may assigne tutors testamentary to his children 59 An Outlawed person may make his testament when there is some errour in the writ 59 An Outlawed person whether he may bee executor 198 P Of Paying part of the testators debts receauing an acquittāce for the whole 230 Peculiar to a written testament 23 A Perfect definitiō profitable to many purposes 5 Euery Perfect wil is not a perfect testamēt 7 Euery Person may make a testament which is not prohibited 34 What Persons are prohibited to make a testament 34 Perticular executor may meddle with no more then is alotted vnto him and therefore no further charged but according to that portion 175 Perticular formes of testaments be so many as there be seuerall kindes of testaments 188 Perticular persons of an vnlawfull colledge may be executors 202 At the Point of death whether a testament may be then made 61 A Poore man whether he may be a witnesse 188 Poore if the testator leaue any thing to bee giuen to the poore which poore are to haue the same 251 By Possessing the thing bequeathed of his owne authoritie whether the legatary doo loose his legacy 288 Of Possible conditions there bee diuerse kindes 122 Possible cōditions whether they do alwaies suspend the effect of the disposition 127 Posteriority presumed for that testament which is among children 29 The Power of parents in assigning tutors to their children 96 The Power of Gardians 99 Precise obseruation of the condition in a testament ad pias causas not necessary 31 Of the Prerogatiue of either Archbishop 221 If the Prince giue goods to the executor of an outlawed person whether he be therby chargeable with the paiment of legacies as hauing assets 59 The Prince though he die before the testator his successors may obtaine the legacie 290 The Prince may frustrate the gifte or testament of the villaine at any time 44 Priuiledged testaments what they be 24 Priueledged wherefore so called 24 Of Priuiledged testaments diuers kinds 25 What Priuiledges Diuines and Lawiers enioy concerning their testaments 28 What Priuiledges Souldiers enioy in making their testaments 25 What Priuiledges belong to the testament amongst testators children 29 Priuiledge of proofe whether it be