chief, and also of others, and not having the lands
holden by knight service, saving to the king, all his right, title, and
interest for primer seizin, reliefs, fines for alienations, etc. Persons
holding lands of the king by knight's service in chief were authorized
to devise two third parts thereof, saving to the king wardship, primer
seizin, of the third paid, and fines for alienation of the whole lands.
Persons holding lands by knight's service in chief, and also other lands
by knight's service, or otherwise may in like manner devise two third
part thereof, saving to the king wardship of the third, and fines for
alienation of the whole. Persons holding land of others than the king
by knight's service, and also holding socage lands, may devise two third
parts of the former and the whole of the latter, saving to the lord
his wardship of the third part. Persons holding lands of the king by
knight's service but not in chief, or so holding of the king and others,
and also holding socage lands, may in like manner devise two thirds of
the former and the whole of the latter, saving to the king the wardship
of the third part, and also to the lords; and the king or the other
lords were empowered to seize the one third part in case of any
deficiency."

The 34th and 35th Henry VIII., cap. 5, was passed to remove some doubts
which had arisen as to the former statute; it enacts:

"That the words estates of inheritance should only mean estates in
fee-simple only, and empowers persons seized of any lands, etc., in
fee-simple solely, or in co-partnery (not having any lands holden of
knight's service), to devise the whole, except corporations. Persons
seized in fee-simple of land holden of the king by knight's service
may give or devise two thirds thereof, and of his other lands, except
corporation, such two thirds to be ascertained by the divisor or by
commission out of the Court of Ward and Liveries. The king was empowered
to take his third land descended to the heir in the first place, the
devise in gift remaining good for the two thirds; and if the land
described were insufficient to answer such third, the deficiency should
be made up out of the two thirds."

"The next attack," remarks Sir William Blackstone, vol. ii., p. 117,
"which they suffered in order of time was by the statute 32 Henry VIII.,
c. 28, whereby certain leases made by tenants in tail, which do not tend
to prejudice the issue, were allowed to be good in law and