it be certified by the Assise, that the Plaintiffs have sufficient Pasture, with Ingress and Egress, as before is said, let the other make their Profit of the residue, and go quit of that Assise.[1]
Enforced by 3 & 4 Ed. 6. c. 3.
Enforced and extended by 13 Ed. 1. stat. 1. c. 46.
And see 29 Geo. 2. c. 36. for enclosing Commons, with Consent of Lords and Tenants, for planting Timber.
- ↑ 2 Vern. ca. 290, 232.
CAP. V.
Usury shall not run against any within Age.[1]
[2] LIkewise it is provided and granted by the King, that from henceforth Usuries shall not run against any being within Age, from the time of the Death of his Ancestor (whose Heir he is) unto his lawful Age; so nevertheless, that the Payment of the principal Debt, with the Usury that was before the Death of his Ancestor (whose Heir he is) shall not remain.
Repealed by 37 H. 8. c. 9.
CAP. VI.
The Penalties for Ravishment of a Ward, Forfeiture of Marriage, or Disparagement of a Ward.
[1]OF[2] Heirs that be led way, and withholden, or married by their Parents, or by other, with Force against our Peace, thus it is provided, That whatsoever Layman be convict thereof, that he hath so withholden any Child, led away, or married, he shall yield[3] to the Loser the Value of the Marriage; and for the Offence his Body shall be taken and imprisoned until he hath recompensed the Loser, if the Child be married; and further, until he hath satisfied the King for the Trespass. And this must be done of an Heir being within the Age of fourteen Years. [4](2) And touching an Heir being fourteen Years old, or above unto his full Age, if he marry without Licence of his Lord to defraud him of the Marriage, and his Lord offer him reasonable ⟨and convenient⟩[5] Marriage (without Disparagement) then his Lord shall hold his Land beyond the Term of his Age, that is to say, of One and twenty Years, so long that he may receive the double Value of the Marriage after the Estimation of lawful men, or after as it hath been offered before, without[6] Fraud or Collusion, and after as it may be proved in the King's Court. [7](3) And as touching Lords, which marry those that they have in ward to Villains, or other, as Burgesses, where they be disparaged, if any such an Heir be within the Age of fourteen Years, and of such Age, that he cannot consent to Marriage, then, if his Friends complain of the same Lord, the Lord shall lose the Wardship unto the Age of the Heir; and all the Profit, that thereof shall be taken, shall be converted to the Use of the Heir being within Age, after the Disposition and Provision of his Friends, for the Shame done to him; but if he be fourteen Years, and above, so that he may consent, and do consent to such Marriage, no Pain shall follow.
Confirmed by 3 Ed. 1. c. 22.
Enforced by 13 Ed. 1. stat. 1. c. 35.
Obs. by 12 Car. 2. c. 24.
- ↑ Co. Lit. 76. a.; 4 Co. 82.; 6 Co. 74.; 9 Co. 72.; Dyer 255 to 260. pl. 23.; Bro. Forf. de Marriage, 9, 12, 13.; Bro. Gar. 109.; 40 Ed. 3. 6.
- ↑ Read concerning Heirs who are taken away by Force, or by others, it is thus provided, &c.
- ↑ Read that he hath by such Means married any Child, he shall yield, &c.
- ↑ Co. Lit. 80. a. 81. b.; 2 Inst. 89.; Hob. 94, 96.
- ↑ Not in the original.
- ↑ Read according to what he had been offered before for the said Marriage, without, &c.
- ↑ 9 H. 2. stat. 1. c. 6.; Regist. 161, &c.
CAP.
