A treatise co[n]cernynge diuers of the constitucyons prouynciall and legantines

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Title
A treatise co[n]cernynge diuers of the constitucyons prouynciall and legantines
Publication
Printed at London :: By Thomas Godfray. Cum priuilegio regali,
[1535?]
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Subject terms
Church of England -- Government -- Early works to 1800.
Ecclesiastical law -- Great Britain -- Early works to 1800.
Cite this Item
"A treatise co[n]cernynge diuers of the constitucyons prouynciall and legantines." In the digital collection Early English Books Online 2. https://name.umdl.umich.edu/A68826.0001.001. University of Michigan Library Digital Collections. Accessed May 6, 2024.

Pages

¶ The twelfth chapiter.

IF a womā haue goodes and take a husbande / all the goodes that she hath at the daye of Martage¦ar her husbandes. In so moche that if she after that / make a wyll and dye / that wyll after the lawes of the realme is clerely voyde. And if she aske lycence of her husbād to make a wyll / and he wyll none gi∣ue / he offendeth nat. But if a wo∣man haue goodes as an executryce / and take a husbande / those goodes

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be nat the husbandes. But he shall haue them to the vse of the fyrst wyl. And if the wyfe in that case / by the lycence of her husbande make a wyll and appoynt another to be her execu¦tour and dye / that wyll is good / and that executour shal haue those goods fro the husbande. And shall haue all accyons as executour of executrice to execute the fyrste wyll / and also if a man be bounde to a woman by an o∣blygacyon in an hundreth poundes / and after she taketh a husbande / and she by the lycence of her husband ma¦keth her husbāde or any other her exe¦cutoure that wyll is good / and he or they so made executours shall haue an accyon vpon that oblygacyon: And if no suche wyll had ben made / the husbande ne no nother shuld nat haue hadde any action vpon that ob∣lygation / vnlesse they take a letter of administration: as administratours to the wyfe. And than there is a ge∣nerall cōstitucyon made in the third

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boke / in the tytle of Testamentes. which begineth: Callyng to mynde the statute. &c. Wherby all they be ac¦cursed / that let the fre makyng of te∣stamentes / of ascriptis / and of other persones of seruyll condicyon. And of women also / both maried and vn¦maryed / or of their owne wyfes / or of other mēnes wyues. And all that constitucyon / as to women couerte that haue no goodes / but as before appereth / is clerely voyde & against the lawes of the realme. And also of villaynes / the lawe is, that if the lor∣de make a generall seaser of the go∣des of his vyllayne / that all the vyl∣laynes goodes be his. And of that it foloweth that the wyll as to tho go∣des is voyde / and that neither there cutoure nor ordinarie may nat wast any of tho goodes for prouyng of the testament. But if he were an execu∣tour / or if his lorde made no seaser / than he might laufully make a wyll and the wyll were good: But if ther

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be suche a seaser / the wyll is voyde and of none effecte: And than if the vyllayn haue none other goodes / the wyll is voyd and nedeth no probate.

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