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

given to 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.

Confirmed by 52 H. 3. c. 5. and 42 Ed. 3. c. 1.

CAP. II.
The Relief of the King's Tenant of full Age.

^[1] 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; the heir or heirs of a Knight, for one whole Knights fee, one hundred shillings at the most; ^[2]and he that hath less, shall give less, according to the old custom of the fees.

Rendered obsolete by 12 Car. 2. c. 24. which takes away Knight's service, &c.

1. 7 Co. 33; 9 Co. 124.; 40 Ed. 3. f. 9.; Co. Lit. 76. a. 83. b. 106. a.; 2 Inst. 5.
2. 3 Bulstr. 325.; Bract. 84. a.

CAP. III.
The Wardship of an Heir within Age. The Heir a Knight.

^[1] 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; so that if such an heir, being within age, be made Knight, ^[2]yet nevertheless his land shall remain in the keeping of his Lord unto the term aforesaid.

Obs. by 12 Car 2. c. 24. which takes away Wardship, &c. by reason of Tenure.

1. Hob. 46.; Fitz. Gard. 136, 141, 156.; 15 Ed. 4. f. 10.; Plowd. f. 267.; 6 Co. 73.; 8 Co. 73.; >2 Inst. 10.; 12 Co. 81.
2. F. N. B. fo. 269.

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

^[1]THE keeper of the land of such an heir, being within age, shall not take of the lands of the heir, but reasonable 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 issues of the same land, and he make destruction or waste of those things that he hath in custody, we will take of him amends ⟨and recompence therefore,⟩^[2] (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. (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.

Enforced by 6 Ed. 1. c. 5.

And see 28 Ed. 1. stat. 3. c. 18. 14 Ed. 3. stat. 1. c. 13. 36 Ed. 3. stat. 1. c. 13. The three last Statutes restraining Escheators from Waste.

Obs. by 12 Car. 2. c. 24.

1. Rast. pl. 693.; Fitz. Wast. 15, 24, 138, 146.; Co. Lit. 54. a.; 12 H. 4. f. 53.; 2 Inst. 12.
2. Not in Orig.