Wardships, etc. Act 1267
Statutes made at Marlborough, alias Marleberge, 18 Novemb. Anno 52 HEN. III. and Anno Dom. 1267.
Wardships, etc. Act 1267
1267 (52 Hen. 3) C A P. XVI.
IN the Year of Grace, One thousand two hundred sixty seven, the two and fiftieth Year of the Reign of King HENRY, Son of King JOHN, in the Utas of St. Martin, the said King our Lord providing for the better Estate of his Realm of England, and for the more speedy Ministration of Justice, as belongeth to the Office of a King, the more discreet Men of the Realm being called together, as well of the higher as of the lower Estate: It was provided, agreed, and ordained, that whereas the Realm of England of late had been disquieted with manifold Troubles and Dissensions; for Reformation whereof Statutes and Laws be right necessary, whereby the Peace and Tranquillity of the People must be observed:Wherein the King, intending to devise convenient Remedy, hath made these Acts, Ordinances, and Statutes underwritten, which he willeth to be observed for ever firmly and inviolably of all his Subjects, as well high as low.
The Heir's Remedy, if his Lord do keep him forth. The King's Primer Seisin.
A Remedy for the Heir, if his chief Lord do keep or put him out of Possession.
IF any Heir after the Death of his Ancestor be within Age, and his Lord have the Ward of his Lands and Tenements, if the Lord will not render unto the Heir his Land (when he cometh to his full Age) without Plea, the Heir shall recover his Land by Assise of Mortdauncestor, with the Damages that he hath sustained by such withholding, since the time that he was of full Age.
(2) And it an Heir at the time of his Ancestor's Death be of full Age, and he is Heir apparent, and known for Heir, and be found in the Inheritance, the chief Lord shall not put him out, nor take, nor remove any thing there, but shall take only simple Seisin therefore for the Recognition of his Seigniory, that he may be known for Lord.
(3) And if the chief Lord do put such an Heir out of the Possession maliciously, whereby he is driven to purchase a Writ of Mortdauncestor, or of Cousenage, then he shall recover his Damages as in Assise ofNovel disseisin.
Enforced by 17 Ed. 2. stat. 1. c. 3. Obs. these Tenures being abolished by 12 Car. 2. c. 24.
II. Touching Heirs, which hold of our Lord the King in chief, this Order shall be observed, That our Lord the King shall have the first Seisin of their Lands, like as he was wont to have before time: Neither shall the Heir, nor any other, intrude into the same Inheritance, before he hath received it out of the King's Hands, as the same Inheritance was wont to be taken out of his Hands and his Ancestors in times past. And this must be understood of Landsand Fees, the which were accustomed to be in the King's Hands, by reason of Knights Service, or Serjeanty, or Right of Patronage.
- For put, read hold.
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