Page:Ruffhead - The Statutes at Large - vol 2.djvu/371

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A. D. 1 542-3. Anno xxxiv & xxxv HeNRICI VIII. C. 5. 333 ncments of any fuch Offender or Offenders, until fuch Time as all his or their true tu cd, contented and p d to his or their Creditors. And ne 1 I Duties, (hall be fully fan Red and paid, as i . aforefaid, as well the i laid Offender, as his Lands, Tenements, Goods and Chattels, fhall be charged and liable to the Execution of En I Recovery, a the Tenor, Force, and EffeA of the fame. And be it alfo en rity, That if any fuch Perfon or Perfons which (hall be indebted, do withdraw himfclf out of this Realm, and otln i the King's Dominion,, into any foreign Real': try, to the Intent thereby to abide and remain, in defraud ol his : 'I 'hat then upon Complaint in Ccaubiac. ne concerning the Premifics thereof made to the (aid Lord:, having Authority, as is aforefaid. the fame I , ds lnall by Virtue and Authority of this prefent Act, have full Power and Authority to award Proclama- ProcUouiioi.. tions to be made in fuch Places as to them mall be thought meet and convenient, commanding by the fame In. Ii ( (ffendcr in the King our Sovereign 1 and';. Name, to return with all convenient Speed into this Realm, and to yield his Body before the laid Lord >, ha iiig Authority as is aforefaid, or one of them. And if the i Ion within three Months next after he fhall have Knowle Ige of fuch Proclamation, or as foon after ir. uiently may, do not repair and yield his Body as i;, aforefaid, that then the Body of all and every fuch Offender aiui Offenders fhaJlbeju Igi I, I iken and deemed to all Intents and Purpofes out of the King's Protection, and that alio all Goods, Chattels, Lands, Tenements and Debts of every fuch Offender, fhall be by the Order and Dil'cretion of the faid Lord:', imploycd and diftributcd amongft his Creditors, equally and indifferently Rate for Rate, in like Manni r and Form as is afore declared. And that alfo every Perfon a ;j„., or Perfons that fhall willingly help to aid, imbefil or convey any fuch Perfon or Perfons, their laid Goods, Chattels, Wares or Mcrcnandifes out of this Realm, and other the King's Dominions, into any foreign Realm or Place, knowing the faid Perfon or Peifons to depart or withdraw themfelves. or convey their faid Goods, Chattels, Wares and Merchandifes for the Caufe and Intent aforefaid, fhall fuffer fuch Pains by Imprifonmcnt of their Bodies, or pay fuch Fine to our Sovereign Lord the King, his Heirs or Succeffors, as to the faid Lords having Authority by Virtue of this prefent Act, fhall fecm meet and convenient for their faid Offence or Offences. Provided always, and be it enacted by the Authority aforefaid, That if the Creditors of any fuch Of- Creditor!, fender or Offenders, which fhall keep his or their Houfe or Houfcs, or which fhall abfent or withdraw themfelves into Places unknown, for the Caufe aforefaid, be not fully fatisfied and payed or otherwife con- tented for their Debts and Duties, by the Ways and Means afore fpecificd and declared, that then the faid i Creditor and Creditors, and every of them, fhall and may have their Rerredy for the Recovery and levying I of the Rcftdue of the fame Debts or Duties, whereof they fhall not be fully fatisfied and payed, or other- ■ wife contented in Form aforefaid, againil the faid Offender or Offenders, in like Manner and Form as they fhould or might have had before the making of this A<51. And that the faid Creditor and Creditors, and , every of them, fhall be only barred and excluded by Virtue of this Act, of and for all and every fuch Part and Portion of the faid Debts and Duties, as fhall be payed, fatisfied, diflributed, or delivered unto him or them by the faid Lords, having Authority as is aforefaid, and of no more Portion or Parcel thereof, any Thing herein fpecihed that may be taken or conftrued to the contrary notwithftanding. CAP. V. The Bill concerning the Explanation of Wills.

  • XT 7 HERE in the laft Parliament begun and holden at Wejlminf.er the twenty-eighth Day of 'April in , % h. 3. c. i,

' VV the thirty-firft Year of the King's moft gracious Reign, and there by divers Prorogations holden 1 and continued unto the twenty-fourth Day of July in the thirty-fecond Year of his faid Reign, it was by ' the King's moft gracious and liberal Difpofition fhewed toward his moft humble and obedient Subjects, ' ordained and enacted how and in what manner Lands, Tenements, and other Hereditaments might be by ' Will or Teftament in Writing, or otherwife by any Act or Acts lawfully executed in the Life of every

  • Perfon, given, difpofed, willed or devifed, for the Advancement of the Wife, Preferment of the Chil-

' dren, Payment of Debts of every fuch Perfon, or otherwife at his Will and Pleafure, as in the fame Act

  • more plainly is declared : (2) Sithen the making of which Eftatute, divers Doubts, Queftions and Am-

' biguities have rifen, been moved, and grown, by Diverfity of Opinions, taken in and upon the Expofi- ' tion of the Letter of the fame Eftatute.' II. For a plain Declaration and Explanation whereof, and' to the Intent and Purpofe that the King's obe- dient and loving Subjects fhall and may take the Commodity and Advantage of the King's faid gracious and liberal Difpofition, the Lords Spiritual and Temporal, and the Commons, in this prefent Parliament af- femliled, moft humbly -befeechen the King's Majefty, that the Meaning of the Letter of the fame Eftatute, concerning fijeh Matters hereafter rehcarfed, may be by the Authority of this prefent Parliament enacted, taken, expounded, judged, declared and explained in Manner and Form following.: III. Firft, Where it is contained in the fame former Statute, within divers Articles and Branches of the fame, that all and fingular Perfon and Perfons having any Manors, Lands, Tenements or Hereditaments of the Eftate of Inheritance, fhould have full and free Liberty, Power and Authority to give, will, dii- pofe or aflign, as well by his laft Will and Teftament in Writing, or otherwife by any Act or Acts lawfully executed in his Life, his Manors, Lands, Tenements or Hereditaments, or any of them, in fuch Manner and Form as in the fame former Act more at large it doth appear. Which Words of Eftate of Inheritance, The Words by the Authority of this prefent Parliament, is and fhall be declared, expounded, taken and judged of Eftate of Inherf- Eftates in Fee-fimple only. " n , cc hnw l0 ^ IV._ And alfo that all and fingular Perfon and Perfons having a fole Eftate or Intereft in Fee-fimplej or F"e = fixnpie in feifed in Fee-fimple in Coparcenery, or in common in Fee-fimple, of and in any Manors,. Lands, Tene- coparcener/, . meats. Common, &v