Wills Act 1540
| Jurisdiction | UK Non-devolved |
| Citation | 1540 c. 1 |
(32 Hen. 8) C A P. I.
'W HERE the King's most Royal Majesty in all the Time of his most gracious and noble Reign hath ever been a merciful, loving, benevolent and most gracious Sovereign Lord, unto all and singular his loving and obedient Subjects, and by many times past hath not only shewed and imparted to them generally by his many, often, and beneficial Pardons heretofore by Authority of his Parliament granted, but also by divers other Ways and Means many great and ample Grants and Benignities, in such wise as all his said Subjects been most bounden to the uttermost of all their Powers and Graces by them received of God, to render and give unto his Majesty their most humble Reverence and obedient Thanks and Services, with their daily and continual Prayer to Almighty God, for the continual Preservation of his most Royal Estate in most Kingly Honour and Prosperity; (2)yet always his Majesty being repleat and endowed by Godwith Grace, Goodness and Liberality, most tenderly considering, that his said obedient and loving Subjects cannot use or exercise themselves according to their Estates, Degrees, Faculties and Qualities, or to bear themselves in such wise, as that they may conveniently keep and maintain their Hospitalities and Families, nor the good Education and bringing up of their lawful Generations, which in this Realm (Laud be to God)is in all Parts very great and abundant, but that in manner of Necessity, as by daily Experienceis manifested and known, they shall not be able of their proper Goods, Chattels and other moveable Substance, to discharge their Debts, and after their Degrees set forth and advance their Children and Posterities: (3) Wherefore our said Sovereign Lord, most virtuously considering the Mortality that is to every Person at God's Will and Pleasure most common and uncertain, of his most blessed Disposition and Liberality, being willing to relieve and help his said Subjects in their said Necessities and Debility, is contented and pleased that it be ordained and enacted by Authorityof this present Parliament, in Manner and Form as hereafter followeth;' that is to say, (4)That all and every Person and Persons, having, or which hereafter shall have, any Manors, Lands, Tenements or Hereditaments, holden in Socage, or of the Natureof Socage Tenure, and not having any Manors, Lands, Tenements or Hereditaments, holden of the Kingour Sovereign Lord by Knights Service, by Socage Tenure in chief, or of the Natureof Socage Tenure in chief, nor of any other Person or Persons by Knights Service, from the twentieth DayofJuly in the Year of our Lord God M. D. XL. shall have full and free Liberty, Power and Authority to give, dispose, will and devise, as well by his last Willand Testament in Writing, or otherwise by Actor Acts lawfully executed in his Life, all his said Manors, Lands, Tenements or Hereditaments, or any of them, at his free Willand Pleasure; any Law, Statute or other Thing heretofore had, made or used to the contrary notwithstanding.
II Lands holden of the King in Socage in chief, and none holden by Knights Service.
II. And that all and every Person and Persons, having Manors, Lands, Tenements or Hereditaments, holden of the King our Sovereign Lord, his Heirs or Successors, in Socage, or of the Nature of Socage Tenure in chief, and having any other Manors, Lands, Tenements or Hereditaments, holden of any other Person or Persons in Socage, or of the Nature of Socage Tenure, and not having any Manors, Lands, Tenements or Hereditaments, holden of the King our Sovereign Lord by Knights Service, nor of any other Lordor Person by like Service, from the twentieth Day ofJuly in the said Year of our Lord God M. D. XL. shall have full and free Liberty, Power and Authority to give, will, dispose and devise, as well by his last Will or Testament in Writing, or otherwise by any Act or Acts lawfully executed in his Life, all his said Manors, Lands, Tenements and Hereditaments, or any of them, at his free Will and Pleasure; any Law, Statute, Custom or other Thing heretofore had, made or used to the contrary notwithstanding.
III A Saving of the King's Primer Seisin, and his Fines for Alienation.
III. Saving alway and reserving to the King our Sovereign Lord, his Heirs and Successors, all his Right, Title and Interest ofPrimer Seisin and Reliefs, and also all other Rights and Duties for Tenures in Socage, or of the Nature of Socage Tenure in chief, as heretofore hath been used and accustomed, (2) the same Manors, Lands, Tenements or Hereditaments to be taken, had and sued out of and from the Hands of his Highness, his Heirs and Successors, by the Person or Persons to whom any such Manors, Lands, Tenements or Hereditaments shall be disposed, willed or devised, in such and like Manner and Form, as hath been used by any Heir or Heirs before the making of this Statute; (3)and saving and reserving also Fines for Alienations of such Manors, Lands, Tenements, or Hereditaments holden of the King our Sovereign Lord in Socage, or of the Nature of Socage Tenure in chief, whereof there shall be any Alteration of Freehold or Inheritance, made by Will, or otherwise, as is aforesaid.
IV Lands holden of the King by Knights Service in chief.
IV. And it is further enacted by the Authority aforesaid, That all and singular Person and Persons having any Manors, Lands, Tenements, or Hereditaments of Estate of Inheritance holden of the King's Highness in chief by Knights Service, or of the Nature of Knights Service in chief, from the said twentieth DayofJuly shall have full Power and Authority, by his last Will, by Writing, or otherwise by any Actor Acts lawfully executed in his Life, to...
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