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 to bind the issue in tail. But they received a more
violent blow the same session of Parliament by the construction put
upon the statute of fines by the statute 32 Henry VIII., cap. 36,
which declares a fine duly levied by tenant in tail to be a
complete bar to him and his heirs and all other persons claiming
under such entail. This was evidently agreeable to the intention of
Henry VII., whose policy was (before common recovery had obtained
their full strength and authority) to lay the road as open as