by an aunciente custom she shal be indowed of the 〈◊〉 â–ª yea and thoughe 〈…〉 seased actually durying the courture yet if the landes be caste vpon 〈◊〉 by the lawe so that the law calleth him tenaunt to euery mans action it suffiseth for the woman to demaunde her dower for it were vnreasonable that the negligence 〈…〉 of entrynge of the husbande shulde hurte the wyues 〈…〉 Otherwise it is as I sayde before of tenauÌ„t by the curtesy for if landes descende to a woman couert and the husbande for slouthfulnes or negligence doth not entre in his wyues life he shal not be tenaunt by the curtesi◠〈◊〉 by all lawes the wyfe oweth obedience and subiectioÌ„ to her husbande and therfore she can not compel him to entre but when landes descend to the wyfe the husbande onelye haue power to entre at his pleasure And ye shall vnderstand that onlesse the wyfe be passed the age of ix yeares at the tyme of her husbandes deathe she shall not be endowed by the common lawe But it is to be knowen that a womaÌ„ maye by diuers wayes estoppe and preuidiâ—e her selfe of her dower as if she commyt any crime for which she is atteynted of treasone murdre or felonye â—he gettâ—â—no dower not wythstandyng she hath obteyned her pardone Also yf after the deathe of her husband she taketh a lease for terme of lyfe of the same landes wherof she is indowable she losed her dower of the same Moreouer yf she departethe from her husbande and lyuethe in aduoutrye wyth an other man and not reconcieled agayne to her husbande wythout coercion of the ecclesiasticall power she lesethe her dower after her husbandes deathe She shall be also barred of dower yf she wyll wythholde from the heire the charters and euidence concernynge that lande wherof she asketh dower But none other saue the heyre can wytholde her dower for thys cause It maye not be vnknowne also of what thynges she maye demaunde dower and of what thinges not Of landes messuagies aduousons rent charges rente seruyses or signories in grosse or otherwyse of villaynes of coÌ„mons certayne of estouers certayne she is dowable But of commons and estouers sans nombre also of annuities of homage of thingê of pleasure as of seruyces of paimet of roses and semblable she shall not be endowed There be yet two other kindes of dower the one is called dowment ex asseÌ„su patrâ—is and the other is called dowment de la plus beale ê‘tie that is to saye of the fairest parte Dowment ex assensu patris is whan the father is seased of landes in fee and his sonne whiche is heyre apparaunt endoweth his wife at the churche dore whan he is espoused of parcell of hys fathers landes wyth the assente of his father in wrytinge testifienge the same assent if in thys case her husband dye she may forthwyth entre into the laudes so assigned vnto her wtout further appâ—yntynge or proces of law although the father of her husbande be yet aliue in actual possession of the lande But if she thus do and take her to thys endowment at the churche dore she can not haue her dower by the common lawe of the thyrde parte of all her husbandes landes or any parcell of them how be it if she wyll refuse this assignement made vnto her at the church dore and demaund dower at the common lawe she maye verye well A man maye also endow his wyfe at the time of the spousailes of his own landes whiche he hath in his owne possession and that dower is called dower ad ostium ecclesiae Dowment Dela plus beale that is to saye dowmente of the fayreste parte shall be in thys case Whan a man is seased of landes whiche he holdethe of an other man by knyghtes seruice and of other laÌ„des which be of socage tenure and hathe issue whyche is wythin the age of .xiiij. yeares dye and the lorde of whom the lande is holden by knyghtes seruyce entrethe in to the lande holden of hym and the mother of the chylde entrethe in to the socage tenure as gardeyne in socage yf in thys case the woman wyll brynge a wrytte of dower agaynste the lorde whyche is gardeyne in cheualrye he may plede the speciall mater and shewe howe she as gardeyne in socage hath so moche lande and pray the court that she maye be suffred to endowe her selfe of so moche lande beynge in her owne custodie as amounteth to the thyrde parte of the hole landes And than the iudgemente shall be that the gardeyne in chyualrye shall reteyne the lande holden of hym quyte from the woman duerynge the non age of the warde After which iudgement she maye go and in presence of her neighboures endowe her selfe of the beste parte of that whyche is in her custodye amountynge to the thyrde parte of the hole and than is she called tenaunte in dower de la plus beale A diuision of inheritaunces HYtherunto I haue spoken of free holdes nowe it remayneth to treate of inheritauÌ„ces not that inheritauÌ„ces be no free holdes for they be free holdes also but the other estates of whiche I haue here tofore treated be onely free holde and of no hygher nature where as a state of in heritance although it â—e a free hold yet it is not to be called by that name sythe it is a farre more excellent and greater estate But ye shall vnderstande that of inheritaunces some be of more amplitude and excellencye than other some be as that inheritaunce whyche is pure simple and without limitacion of what heyres is it called fee simple But when I make a limitacioÌ„ of what heyres thaÌ„ is it called fee tayle of which also be two sortes as herafter more at large shal be declared Nowe the nature of fee simple is to be setforth wyth oure accustomed compendiousnes Fee simple FEe simple is as I sayd the most ample large inheritaunce that can be in this realme diuised or excogiâ—ate as that whiche a man hath to hym and to his heyres simply without any further limitacion for whether they be of his owne bodye begot ten or not so that they be the next of his kinne and wythin the degrees it suffiseth So then tenaunte in fee simple is he that hath landes or tenementes whether it be by purchase or by discent to him to his heires for euer For if a man will purchase landes in fee simple he must nedes haue these wordes his heyres in his purchase for these be the onlye wordes that make an estate of inheritaunce Therfore yf landes be gyuen to a man for euer no mencion be made of his heyres he hath an estate but for terme of his lyfe bycause these wordes his heyres do lacke Yet neuertheles if a maÌ„ by his testament doth deuise landes to an other in suche where the custome wyl serue so to do though he maketh no mencion of heyres but saythe that he bequethethe to suche a
seruice but is of the tenure of socage as shall be herafter more amplye shewed Of warde mariage and reliefe EUery knyghtes seruice draweth vnto it warde mariage and releife Wherfore it is now ryght expedient somewhat to entrete of them Ye shall therfore be admonished that whan the tenaunte whyche holdeth hys lande by knyghtes seruyce dyeth his heyre male beynge at that tyme wtin thage of .xxj. yeares the lorde shall haue the warde that is to saye the custodye or kepynge of the landes so holden of hym to hys own vse and profyte tyl the heyre cōmeth to the full age of .xxj. yeares For the law here presumeth that tyl he cōme to this age he is not able to do such seruice as is of this tenure requyred Furthermore yf such heyre be vnmaryed at the tyme of the deathe of the tenaunte than the lorde shal haue also the warde and bestowynge of the maryage of hym But yf tenaunt by knyghtes seruice dyeth hys heyre female being of thage of .xiiii. yeres or aboue thā the lord shal haue the ward neyther of the lande ne yet of the bodye of suche an heir and the reason herof is bycause a woman of that age maye haue a husbande hable to do knyghtes seruice that is to saye to wayte vpon the kynges maiesties persone whan he auaunceth into Scotlande wyth hys armye royall But if suche an heyre femalle be within the age of .xiiii. yeres and not maryed at the tyme of the deathe of her auncestoure than the lorde shall haue the warde of the lande holden of hym tyll suche heyre female commeth to the age of .xvi. yeres by force of an acte of parliamēt in the statute of Westm̄ the fyrste Note that there is a great diuersitie in the lawe bytwene the ages of females and of males for the female hath these manye ages apoynted by the lawe Fyrste at .vii. yeares of age the lored her father maye distreyne his tenauntes for ayde to mary her Seconde at .ix. yeares of age she is dowable Thyrdlye at .xii. yers she is hable to assent to matrymonye Fourthly at .xiiii. yeares she is able to haue her lande and shall be oute of warde if she be of thys age at the geantye but of the kynge onelye Homage auncestrell TEnaunt by homage auncestrel is he whyche holdeth his lande of his lorde by homage and bothe he and his auncestours whose heyre he is haue holden the same lande of the saide lord of his auncestours tyme out of mynde by homage and haue done vnto them homage and this is called homage auncestrell by reason of the longe continuaunce whyche hath bene by title of prescription as well concernynge the tenauncye in the bloude of the tenaunte as concernynge the lordeshyp in the blode of the lord And this seruice of homage auncestrell drawethe vnto it warrantye that is to saye yf the lorde which is nowe in lyfe hathe ones receyued the homage of his tenant he oughte to warrant the same tenaunte what tyme so euer he shal be impleaded or sued for such lande so holden of him by homage auncestrell Moreouer suche seruice of homage auncestrell draweth to it acquitall that is to saye the lorde oughte to acquyte the tenaunt agaynste all other lordes that can demaūd any maner of seruice out of the tenauncye Wherfore yf in thys case the tenaunte whyche holdethe by homage auncestrell be impleaded of hys landes and voucheth his lorde to warrauntye who commeth in by processe and demaundethe of the tenaunte what he hath to bynde hym to the warrantye and the tenaunt sheweth howe he and his auncestours whose heyre he is haue holden his lande of hym and of his auncestoures tyme ease or continuall infirmitie All these and suche lyke be dispargementes But here also ye shal vnderstande that it shall be sayd no dispargement onlesse the heyre be so maryed when he is wythin the age of discretion that is to say within the age of .xiiii. yeres For if he be of that age or aboue and consenteth to such mariage it is no dispargement neyther shall the lorde for suche mariage lose his warde bycause it shal be reputed and assigned to the folye of the heire beynge of age of discretion to consēt to suche mariage Now yf the gardeyne offre to the heyre beyng in his warde a conuenient mariage wythout dispargement and the heyre refuseth it as he maye very wel do than the lord shall haue the value of the mariage of suche heyre whan he commethe to hys full age But yet yf he marye hymselfe being so in warde agaynste the wyll of hys gardeyne than he shal paye the double value by force of the statute of Merton before remembred And ye shall note that if landes holden by knyghtes seruice descende to an infaunte from hys mother or from any of hys auncestours his father beyng yet alyue in thys case the lorde shall not haue the mariage of this heyre for during the lyfe of the father the sonne shall be in warde to no man Finally it is to be knowne that he whyche is gardeyne in cheualrye in ryght maye after he hathe seased the warde graunte the same eyther by dede or wythout dede to an other man than he to whom suche graūt is made is called gardeyne in fayte Now as touching reliefe ye shal knowe that yf a man holdethe hys lande by knightes seruice and dyeth hys heyre beynge of full age the full age of the male is .xxi. yeares of the female .xiiii. then y◠lord of whome the land is holden shal haue of the heyr reliefe Reliefe of a hole knightes fee is C s. of halfe a knightes fee fyftye s Also a man maye holde landes of a lord by two knyghtes fees and thā the heyre beynge of full age at the death of his auncestoure shal paye to his lorde for reliefe .x. poundes Seruice of castel garder YE shal vnderstande that a man may holde by knyghtes seruice and yet not hold by escuage nor shal paye no escuage for he may holde by castell garder that is to saye by seruyce to kepe a tower of hys lordes castell or some other place vpō a reasonable warnynge whan hys lorde heareth that enemyes wyll come or be alredy come into Englande Thys seruyce is also knyghtes seruice and drawethe to it warde mariage reliefe as the common knyghtes seruyce dothe Of graunde sergeauntie THere is also an other kynde of knightes seruice called grande sergeantye whyche is where a man holdeth is landes or tenementes of the kynge by suche seruice as he oweth in proper person to do as to bear the baner of oure soueraigne lorde the kynge or his spere or to conduct hys hoste or to be his marshall or to be the sewar caruar or butler at the feaste of the coronation or to be one of the chamberlaynes of the receypt of his eschequere or to do lyke seruices to the kyng in propre persone such maner of seruyce I saye is called grande
tenemeÌ„tes or hereditamendtes Excepte that such disseasour hath had the peasible possession of the laÌ„des tenementes or hereditameÌ„tes wherof he shal so die seased by the space of fiue yeares nexte after the disseâ—sin by him commytted without entre or continual clayme by such as haue lawful title therunto ⧠The limitation of prescriptioÌ„ inacted anno xxxii Hen. viij NO person shal sue or maynteine any writte of right or make any title or claym to any laÌ„des tenemeÌ„tes rentes annuities commons pensions porcions corrovies or other herevitamentes of the possession of his ancestor or predecessor and declare any further season or possession of his auncestour or predecessor but onely of the season or possession of his ancestor or predecessor whiche hath bene seased of the same within .lx. yeares nexte before yâ— teste of the same writte or next before the said title or claime so to be sued Also no persone shal sue or mainteine any assise of Mortancestor Cosinage Ayle writ of entree vpon disseason done to any of his auncestors or predecessors or any other action possessary vpon the possession of any of his auncestours or predecessours for any landes or other hereditamentes of any further season or possessioÌ„ of his ancestor or predecessor but onely of the season or possession of his ancestour or predecessor whiche was seased of yâ— same wythin fifty yeres next before the teste of the oryginall of yâ— same writ And no person shal maynteyne any action for any landes or other hereditamentes vpon his owne seasone or possessioÌ„ therin aboue .xxx. yeares next before the teste of the original of the same writte Item no person shal make any auowry or cognisaunce for any rent suite or seruice alledge any season of the same in his auowry or cognisance in the possession of his ancestors or predecessours or in his owne possession or in yâ— possessioÌ„ of any other whose estate he shal claym to haue aboue fifty yeres next before the making of the sayd auowry or conysaunce Moreouer al formdownes in reuerter formedownes in remainder and scÃre facÃas vpon fyâ—es of landes or other hereditameÌ„tes at any tyme to be sued shall be taken wythin fifty yeres next after the tytle of action fallen And if any person do sue any of the said actions or writtes for any laÌ„des or other hereditameÌ„tes or make any auowry conysance prescription or claime for any rente suite seruice or other hereditamentes and can not proue yâ— he or hys ancestours or predecessours were in actuall possessioÌ„ or seasoÌ„ therin at any time wtin yâ— yeares before lymited if the same be trauersed or denied by yâ— partie plaintiffe demandant or auouant or by the partie tenant or defendaÌ„t he and his heires shal from henseforth be vtterly barred for euer of euery the sayde wryttes actions auowries conisance prescription title and clayme hereafter to be sued or made for yâ— same laÌ„dê tenementes or other the premisses for which the same action wrytteâ— auowry conysaÌ„ce title or claime hereafter shal be at any tyme sewed or made Prouided that al persons whiche now haue any of yâ— said actions writtê auowries scire facias conisance prescription title or claime depending or that hereafter shal sewe or bring any of the sayd writtê or actions or make any of the said auowries cognisances prescription titles or clayme at any time before the feaste of the ascention of our Lorde which shal be in the yere of our lord a thousand fiue hundreth forty and syxe shal alledge the season of their ancestours or predecessours or their owne possession and season also haue al other lyke aduantage in the same writtes actioÌ„s auowries conisances prescriptions and claymes as they myght haue had before yâ— making of this statute Prouided also that if any persones beinge nowe within the age of .xxi. yeres or couert baroÌ„ or in prisoÌ„ or out of this realme of EnglaÌ„d now hauing cause to haue or bring any of yâ— saide writtes or actions or to make any auowries cognisances prescription or claymes it shal be lauful to such persoÌ„s to sue or briÌ„g any of the said actioÌ„s or to make any of the said auowries cognisances titles or claimes at any time wtin syxe yeres nexte after such persons nowe being within age shal accomplish the age of .xxi. yeres or now beyng couert baroÌ„ shal be sole or now being in prison shal be at their lybertie or nowe being out of this realme shal come be within this realme And that euery such persons in their sayd actions auowries conisaÌ„ces titles or claimes to be made sued or commenced wtin the said syxe yeares shall alledge the season of their auncestours or predecessours or of their own possession or of the possession of those whose estate they shal thaÌ„ claime And also within the same syxe yeares shall haue lyke aduantages in yâ— same as they might haue had before yâ— makiÌ„g of this acte Prouided also that if the sayd ê‘sons now being within age or couert baron in prison or out of this realme do dye within age or being couert or while they shal be in prison or out of this realme or decease wtin .vi. yeres next after they shall accomplysh their ful age or shal be at large within this realme or shal become sole and no determination or iugement had of such titles actions or rightes so to them aâ—rewed then the next heir of such persons so dying shal enioy lyke aduantage to sue demaund aduow declare or make their sayd tytles claymes or prescriptions within .vi. yeares nexte after the deathe of such persons as yâ— same infant after hys full age or the sayde woman couert after the death of her husband or the same person beinge oute of this realme after hys repayre or commyng in to the 〈◊〉 or the saide ê‘son imprisoned after his enlargemeÌ„t and commyng out off pryson myght haue had wythin .vi. yeres then nexte ensewyng by force of the prouision last before rehersed â–ª Prouided also that if any persons before the sayd feaste of the ascention sue any of the said actions or make any auowry title or clayme the same happen by the death of any the parties therunto to be abated before iugemeÌ„t or determination therof had then the sayd persons being demauÌ„dantes or auowantes or making any such cognisaunce prescription tytle or clayme being than on lyue and if not than their next heires may commence their action and make theyr auowry conisaunce or clayme vppon yâ— same matter within one yeare nexte after suche suite abated and shal haue like aduaÌ„ttage to sue demaund auow declare or make their said titles claymes or prescriptions within the sayd one yeare as the demaundantes in suche writte or suite abated or as suche as did auowe or make conisance title clayme or prescription myght haue enioyed in the sayd former action or suite Prouided furthermore that if any false verdit happen herafter to be giuen in any of the sayde actions sutes auowres prescriptioÌ„s tytles or claimê than the
partie greued may haue his attaint vpon euery such verdit so giuen and the plaintiffe in the same attaint vpon iudgement for him giuen shal haue his recouery execution and other aduaÌ„tage in like maner as heretofore hath bene vsed ⧠Of fines FInes haue theire name bycause they make a final ende and determination of all suites strifes and debates betwene men For the due leuieng wherof it was inacted in the .iiii. yere of King Henry the seuenth that they muste be solemnly before yâ— iustices of the common place red and proclamed the same terme three termes next folowing yâ— ingrosmeÌ„t at whiche tymes al yâ— plees must cease And such fines shal be a sufficient barre and discharge against al persons sauing against women that be couert baron if such women be not priuie to the same fine or such as be within age in prisoÌ„ out of the realme or out of their right myndes But these fines shall not coÌ„clude ne barre all straungers whiche haue right to entre or to haue any action if they come within .v. yeares astre suche proclamations made or in case the cause of action falleth vnto them after the fyne so duely leuied if they come and commence their action and suite within .v. yeares nexte after such cause of action to them accrued And they may sue against the takers of the profittes But if they that haue right to the same be within age in prison couert baron out of the realme or not in their right memory then their title or entrie shal be saued vnto them tyl they be of ful age out of 〈◊〉 discouered and sole within the realâ—e or of â—ight mynde and then within fyue yeres after their action or entrie must be sued or made with effecte Also ye shal vnderstand that by the said stature of Henry the .vii. it shal be a good plee for al straungers to saye that they that were parties to the fine nor none other to theire vse had any thing in the tenementes or landes at the tyme of the leuying of the fine Furthermore ye shal note that in the .xxxii. yeare of this king for thaduoyding of certaine doubtes and ambiguities it was inacted that al fines aswel hertofore leuied as hereafter to be leuied according to the sayd statute of Henry the .vii. by any person of the ful age of .xxi. yeres of any landes or other hereditamentes beinge before yâ— fine leuied in any wise intayled vnto him or to any of his ancestors in possession reuersion remaindre or in vse shal be immediatly after the same fine leuied ingrossed and proclamations made a sufficient barre and discharge for euer aswel against him his heirs clayming the same onely by force of any such entaile as against al other to their vse so that the same fines be not leuied by any woman after the death of her husband contrary to the statute made the .xi. yeare of Henry the seueÌ„th of landes and tenementes of th inheritance or purchase of her husbande or of any his ancestours giuen to her in dower for terme of lyfe or in tayle in vse or in possession Excepted also al fines leuied or to be leuied of any such landes or other hereditamentes as the owners therof by any special acte of parliament made sith the said fourth yeare of Henry the .vij. be restreined from making any alyenations discontinuancies or other alterations of the same Also of such landes as be now in sute and variaÌ„ce in any of the kinges courtes or wherof any euidences be now in demande in the Chancery or which be already couered Excepted also fines leuied or to be leuied by any person of landes or tenementes granted to him or to his ancestours in taile either by the kingê letters patentes or by vertue of any acte of parliament wherof the reuersion is in the king ⧠Of testamentes or last willes TEstamentuÌ„ in latyn is as moche to say as mentis testatio that is a declaratioÌ„ or witnessinge of a mans mynd And there be two sortes of testamentes The one is called testamentum scriptum that is a written testament or a last wil by writing and the other is called testamentum nuncupatuÌ„ a testament nuncupatiue which is when a man wyl expresse by mouth his last wil and testament wtout wryting onely by calling before him certayn of his neighbours in whose presence he doth signifie by wordes his last minde and wil. And this for most parte men vse to do when for feare of sodennes of deth they dare not abyde the writing of their wil. And this wil onlesse it be in certaine cases is as strong and as sure as is a testament or laste will put in writing and sealed with the seale of the testatour Also ye shal vnderstaÌ„d that though a testament by writinge be not sealed with the seale of the testatoure yet is the testament good effectual in the lawe And ye shal also marke that where a man maketh ones his testament wil and afterwarde maketh an other wil by wordes if his laste will be proued before the Ordinary and by him put in wryting and insealed with his seale such last wyl shal auoid the first wil onles it be in special cases and so alweyes the latter wil and testament shal auoyd the former Finally ye shal obserue that by an acte of Parliament made in the .xxi. yeare of our soueraigne lorde Kinge Henry theight it was ordeyned that where part of therecutours named in the testament of their testator wherin any landes or tenementes be willed to be solde by them refuseth to take vpon them the administration the residue do take the charge and administration therof vpon them in thys case al bargaines and sales of the said landes made only by those executors that toke the administratioÌ„ of yâ— testament vpon them shal be as good and as effectual in the law as if as the residue of yâ— same executors so refusing had ioyned with them or him if it be but one person in the makinge of the bargaine and sole ⧠An acte for probate of testamentes made aÌ„ xxi HeÌ„ viii NOthing shal be takeÌ„ by any person that hath auctoritie to take probation insinuation or approbation of any testament for the probation of the same where the goodes of the testatour do not amounte aboue the value of C. shillinges Excepte to the scribe for writing therof .vi d And for the commission of ministration of the goodes of any dieng intestate not being likewise aboue C. shilliÌ„ges vi d Also none hauing power to take probation of testamentes shall refuse to approue such testamentes being lawfully offred vnto them in writinge with wax therto affixed redy to be sealed so that the same be lawfully proued before yâ— same ordinarie to be trew And when the goodes of the testatour do amount aboue the value of C. shillinges not excede the summe of xl li none shal take for the probation regestring sealing and writinge of any such testament
of his children and payment of his dettes or otherwise at his pleasure Sauing to the King aswel the wardship and primer season of as moch as shal amouÌ„t to the clere yerely value of the thirde parte therof wtout diminution dower fraude couein charge or abridgement therof as also al fines for alienations of al such landes and tenementes so holden of him by knightes seruice in chief wherof there shal be any alteration of frehold or of inheritance made by wyl or otherwise And euery person hauing laÌ„des or truementes of estate of inheritaunce holden of the king in chief by knightê seruice other landes holden of him or of any other by knightes seruice or otherwise shall from the saide .xx. day of Iuly haue poure to giue or assigne by his testament or otherwise as is aforesayd two partes of the same in thre partes to be diuided or elles as moch therof as shal extende to yâ— yearly value of two partes of the same in three partes to be diuided in certainty Sauing to the king yâ— wardship primer season of as moch thereof as shall amounte to the yerely value of the third part wtout diminution dower couein charge or subtractioÌ„ of the same or of the ful profittes therof Sauing also al fines for alienations as is abouesayde Item euery person holding landê or other hereditamentes onely of any other than of yâ— King by knightes seruice and other landes and tenemeÌ„tes in socage or of the nature of socage tenure maye gyue dispose or assure by testament or otherwise as is aforesaid two partes therof holden by knightes seruice or as moch as shal amount to the ful yerely value of two partes in maner aboue declared And also al the landes and tenementes holden by socage or of the nature of socage tenure at his pleasure Sauing to the lorde of the landes and tenementes holden by knightes seruice for his wardship as moch therof as shal amount to the clere yearly value of the thirde parte wtout any diminutioÌ„ dower fraud c And euery person holdinge onely of the King by knightes seruice but not in chief or holdiÌ„g of yâ— king by knightes seruice and not in chiefe and also other hereditamentes of others by knightes seruice and holding also other hereditamentes of any other person in socage or of yâ— nature of socage tenure may giue deuise and assure by his last will or otherwise two partes of the hereditamentes holden of the king by knightes seruice two partê of the hereditamentes holden of any other persoÌ„ by knightes seruice or as moch of either of them as shal amouÌ„t to the ful yearly value of two partes and also al his landes and tenemeÌ„tes so holdeÌ„ in socage or of the nature of socage tenure Sauing as wel to the king the wardship of as moch as shall extende to the clere yearely value of the thirde parte of the same so holden of him by knightes seruice without diminution c. As also to the lordes of whom any of the said landes or other hereditameÌ„tes bene holden by knightes seruice for wardshyp as moche of the same so holdeÌ„ of them by that seruice as shal amount to the clere yerly value of the thirde parte in maner aboue declared Prouided that if that thirde parte whiche in any of the cases abouesayd shal come to the king do not amount to the clere yearly value of the ful .iii part of all the sayde hereditamentes whereof the king shal be intitled to haue the custody or primer season than the kinge maye take into his handes as moch of thother two partes of the sayd hereditameÌ„tes as with that of the same hereditameÌ„tes remayning in his haÌ„des shal make vp the clere yearly value of the thirde parte of the said laÌ„des and tenementes so to be had to him in title of wardship and primer seasoÌ„ And like benefyte to be giuen to euerie lorde of whom any such hereditamentes shall be holden by knightes seruice concerniÌ„g only his third part for title of wardship Also al persons shal sue their lyueries for possessions reuersions or remaynders and also pay reliefes and heriettes like as they shuld haue done before yâ— making herof And fines for alienatioÌ„s shal be payd in the Chancery vpon writtes of entre in the post to be obteined there after the sayd .xx. day of Iuly for common recoueries to be suffered of any landes holden of the king in chiefe in lyke maner as is vsed vppon alienations of landes so holden in chief by fiâ—e or feoffement Prouided that in such cases where fines for alienations shall be paid in the Chancery for writtes of entre in the poste as is aforesayde none other fine shal be payd in the same court for any such writtes Item where two or more persons holde of the king by knightes seruice ioyntly to them to the heires of one of them and he that hath the inheritaunce therof dyeth his heire beinge wtin age the king shal haue yâ— warde and mariage of the body of such heire the life of the freholder or freholders of the landes so holden by knightes seruice notwithstanding Sauing to al women such right title of dower as they owe to haue of any landes or tenementes by the lawes of this realme to be assigned vnto them out of yâ— two partes of the said landes or tenementes seuered froÌ„ the thirde parte as is abouesaide and not otherwise And sauing also to the king the reuersions of al such tenaÌ„tes in ioyntenure and dower immediatly after the death of such tenantes if they shal happen to die during yâ— none age of the kinges wardes ⧠Of mariagies inacted aÌ„ 32. Hen. 8. IT is inacted that from the first day of Iuly in the yeare of our Lorde a M.D. and XL. al mariages within this churche of Englande contracted betwene lawful persoÌ„s as by this act we declare al persoÌ„s to be lauful that be not prohibited by gods law to mary such mariages being contract and solemnised in the face of the church consummate with bodily knowledge or frute of chyldren or chylde beynge had therin betwene yâ— parties so maryed shal be demed taken to be laufull good indissoluble not withstaÌ„dyng any precontract of matrimony not coÌ„suÌ„mate with bodily knowlege whiche either of yâ— persons so maried or both shal haue made with any other before the time of contracting that mariage which is solemnised and consuÌ„mate or wherof such frute is ensued or may ensue as afore and not withstanding any dispensation prescription law or other thynge graunted or confirmed by acte or otherwise And that no reseruation or prohibition godes lawe excepte shal trouble or impeache any mariage without leuiticall degrees And that no person shal after the said fyrst day of Iuly aforesaid be admitted in any of the spirituall courtes with in this the kinges realme or any hys other landes and dominions to any processe plee or allegation contrary to this acte FINIS EX AEDIBVS RICHARDI TAVERNERI PER RICHARDVM BANKES TYPOGRAPHVM CuÌ„ priuilegio ad imprimendum solum