shall be proclaimed from County to County; and if he come not, he shall be out-lawed. (4) It is provided also and agreed, That if none do sue within a Year and a Day for the Trespass done, the King shall have the Suit; (5) and such as be found guilty thereof by lawful Enquest, shall be punished in like manner in all Points as above is said. [1](6) and if any such Trespasser be attained, that he hath taken tame Beasts, or other Thing, in the Parks by Manner of Robbery, in coming, tarrying, or returning, let the Common Law be executed upon him, as upon him that is attained of open Theft and Robbery, as well at Suit of the King, as of the Party.
Altered by 1 Ed. 3. stat. 1. c. 8. And see 1 H. 7. c. 7. which makes hunting in Parks disguised, Felony.
See likewise 21 Ed. 1. stat. 2. making it lawful to kill Malefactors in Parks if they will not stand to the King's Peace; 3 W. & M. c. 10. §. 5. and 4 & 5 W. 3. c. 23. §. 4. extending the Law to enclosed Grounds where Deer are kept, and to Lords of Manors and Game-keepers.
- ↑ 9 H. 3. stat. 2. c.10, 11.
CAP. XXI.
No Waste shall be made in Ward Lands; nor in Bishops, during the Vacation.
[1]IN Right of Lands of Heirs being within Age, which be in Ward of their Lords; it is provided, That the Guardians shall keep and sustain the Land, without making Destruction of any Thing; [2](2) and that of such Manner of Wards shall be done in all Points, as is contained in the great Charter of Liberties made in the Time of King Henry, Father to the King that now is, and that it be so used from henceforth. (3) And in the fame Manner shall Archbishopricks, Bishopricks, Abbacies, Churches, and all spiritual Dignities, be kept in Time of Vacation.
Enforced by 6 Ed. 1. stat. 1. c. 5. 13 Ed. 1. stat. 1. c. 14. 20 Ed. 1. stat. 2. concerning Waste. 28 Ed. 1. stat. 3. c. 18. 36 Ed. 3. ⟨stat. 1. c. 13.⟩[n 1]
Obs. by 12 Car. 2 c. 24. as to Wardship by reason of Tenure.
- ↑ Add stat. 1. c. 13.
CAP. XXII.
The Penalty of an Heir marrying without Consent of his Guardian. A Woman Ward.
[1]OF Heirs married within Age, without the Consent of their Guardians, afore that they be past the Age of fourteen Years, it shall be done according as it is contained in the Statute of Merton. (2) And of them that shall be married without the Consent of their Guardians, after they be past the Age of fourteen Years, the Guardian shall have the double Value of their Marriage, after the Tenour of the same Act. [2](3) Moreover, such as have withdrawn their Marriage, shall pay the full Value thereof unto their Guardian for the Trespass, and nevertheless the King shall have like Amends, according to the fame of him that hath so withdrawn.[3] When an Heir Female shall be out of Ward.(4) And of Heirs Females, after they have accomplished the Age of fourteen Years, and the Lord (to whom the Marriage belongeth) will not marry them, but for Covetise of the Land will keep them unmarried; it is provided, That the Lord shall not have nor keep, by Reason of Marriage, the Lands of such Heirs Females, more than two Years after the Term of the said fourteen Years. (5) And if the Lord with in the said two Years do not many them, then shall they have an Action to recover their Inheritance quit, without giving any Thing for their Wardship, or their Marriage. The Penalty of a Ward refusing a Marriage tendered.[4](6) And if they of Malice, or by evil Counsel, will not be married by their chief Lords (where they shall not be disparaged) then their Lords may hold their Land and Inheritance until they have accomplished the Age of an Heir Male, that is to wit, of One and twenty Years, and further until they have taken the Value of the Marriage.
See 13 Ed. 1. stat. 1. c. 35. for the Punishment of taking away a Ward.
Obs. by 12 Car. 2. c. 24 which abolishes Wardship by Tenure.
