Page:Ruffhead - The Statutes at Large, 1763.djvu/48

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2 C.2-4
AD 1225
Anno nono Henerici III.
    1. cap1 ##given Confirmed by 52 H. 3. c. ,5. and 42Ed. 3.c.1to all the free-men of our realm, for us and our Heirs for ever, theſe liberties underwritten, to have and to hold to them and their Heirs, of us and our Heirs for ever.

CAP II

The Relief of the King's Tennant of full Age.

This chapter was originally presented in both Latin (Original), and English (translation). For technical reasons only the translation is provided here.

|7 Co. 33,9 Co, 124.,40 Ed. 3. f. 9.,Co. Lit. 76. a., S3. b. 106. a,2 Inſt. 5.IF any of our Earls or Barons, or any other, which hold of Us in chief by Knights ſervice, die, and at the time of his death his heir be of full age, and oweth to us Relief, he ſhall have his inheritance by the old Relief; that is to ſay, the heir or heirs of an Earl, for a whole Earldom, by one hundred pound; the heir or heirs of a Baron, for an whole Barony, by one hundred marks; 3 Bulſtr. 325,
Bract. S4. a. Rendered obselete by 12 Car. 2. c. 24 which takes away Kinght's ſervice, &c.
the heir or heirs of a Knight, for one whole Knights fee, one hundred ſhillings at the moſt ; and he that hath leſs, ſhall give leſs, according to the old cuſtom of the fees.


CAP III

The Wardship of an Heir within Age. The Heir a, Knight.

Hob. 46 ,Fitz. Gard. ,356, 141, 156., 15,Ed. 4, f. 10, Plowd. 1. 267.,6 Co. 73. ,8 Co. 73. , 2 Inſt. 10, 22 Co, 81.

But if the heir of any such be within age, his Lord ſhall not have the ward of him, nor of his land,, before, that he hath taken of him homage. (2) And after that ſuch an heir hath been in ward (when he is come to full age) that is to ſay, to the age of one and twenty years, he ſhall have his inheritance without Relief, and without Fine ;F.N. B. fo. 269.
Obſ. by 12 Car 2.c. 24, which, takes away Wardship, &c. by reason of Tenure
ſo that if ſuch an heir, being within age, be made Knight, yet ſnevertheless his land ſhall remain in the keeping of his Lord unto the term aforeſaid.

Si autem heres alicujus talium infra etatem ſuerit dominus ejus non habeat cuſtodiam ejus nec terre ſue antequam homagium wjus ceperit & poſtquam talis heres fuerit in cuſtodia cum as etatem pervenerit ſcilicet viginti & unis anni habeat hereditatem ſuam ſine relevio & ſine ſine Ita tamen quod ſi ipſe dum infra etatem fureit fiat Miles nichilorum uſque ad terminum predictum.

CAP IV.

No Waſte ſhall be made by a Guardian in Wards Lands.

Raft. pi. 693.
Fitz. Waft. 15,24, 138, 146.
Co. Lit. 54. a.
12 H.4. f. 53.
2 Inſt.ſ 12.

THE keeper of the land of ſuch an heir, being within age, ſhall not take of the lands of the heir, but reafonable iſſues, reaſonable cuſtoms, and reaſonable ſervices, and that without deſtruction and waſte of his men and his goods.

(2) And if we commit the cuſtody of any ſuch land to the Sheriff, or to any other, which is anſwerable unto us for the iſuſſes of the ſame land, and he make deſtruction or waſte of thoſe things that he hath in cuſtody, we wilt take of him amends [1] and recompence therefof.(3) and the land ſhall be committed to two lawful and diſcreet men of that fee, which ſhall anſwer unto us for the iſſues of the ſame land, or unto him whom we will aſſign.Enforced by 6 Ed. I. c. 5, And see 28 Ed. I. stat. 3. c. 18. 14 Ed. 3.stat. I. 13. 36 Ed, I, stat. 1. c. 13. The three laſt Statutes reſtraining Eſchcators from Waſte</ls>Obs. by 12 Car, 3.(4) And if we give or ſell to any man the cuſtody of any ſuch land, and he therein do make deſtruction or waſte, he ſhall loſe the ſame cuſtody ; and it ſhall be aſſigned to two lawful and diſcreet men of that fee, which alſo in like manner ſhall be anſwerable to us, as afore is ſaid.

CUſtos terre hujuſmodi heredis qui infra etatem fuerit non capit de terra heredis niſi rationabiles exitus & rationabiles conſuetudines & rationabilia ſervica & hoc ſine deſtructione & vaſto hominum & rerum. Et ſi nos commiſerimus cuſtodiam alicujus talis terre vicecomiti vel alicui alii que de exitibus terre illius nobis debeat reſponde & ille de cuſtodia deſtructionem vel vaſtum fecerit nos ab eo capiemus emendam & terra committatur duobus legalibus & diſcretis hominibus de feodo illo qui de exitibus terre illus nobis reſpondent vel illi cui illos aſſisnaverimus. Et ſi dederimus vel vendiderimus alicui cuſtodiam aliscujus talis terre & ille inde deſtructionem fecerir vel vaſtum amittat illiam cuſtodiam & tradatur dubous legalibus & disccretis hominbus de feodo illo qui ſimiliter nobis reſpondeant ſicut predictum eſt
  1. Not in Original

CAP