Page:Ruffhead - The Statutes at Large, 1763.djvu/78

offend, before the King, or the Justices of the Bench, or before Justices in Eyre, when they come into those Parts. ^[1](3) Likewise the Charter of the Forest shall be observed in all his Articles, and the Offenders, when they be convict, shall be grievously punished by our Sovereign Lord the King in Form above mentioned.'

1. 2 Inst. 108

CAP. VII.
A fraudulent Conveyance to defeat a Lord of his Wardship, shall be void.

Feoffments to defraud Lords of their Wardships.^{[1][2][3][4][5][6][7]}As touching them that use to infeoff their eldest Sons and Heirs, being within Age, of their Heritage, for to defraud the Lords of the Fee of their Wardships, it is provided, accorded, and agreed, that by occasion of any such Feoffment no chief Lord shall leese his Ward, ^{[8][9][10][11]} (2) Moreover, touching them that fain false Feoffments of their Lands, which they will lease for Term of Years, for to defraud the chief Lords of their Wards, wherein it is contained, that they are satisfied of the whole Service due unto them until a certain Term; so that such Feoffees are bound at the said Term to pay a certain Sum to the Value of the same Lands, or far above; so that after such Term the Land shall return unto them, or to their Heirs, because no Man will be content to hold it upon the Price; it is provided and agreed, that by such Fraud no chief Lord shall leese his Ward. ^{[12][13][14][15][16]}(3) Nevertheless, it shall not be lawful to them to disseise such Feoffees without Judgment, but they shall have a Writ for to have such a Ward restored unto them; and by the Witnesses contained in the Deed of Feoffment, with other free and lawful Men of the Country, and by the Value of the Land, and by the Quantity of the Sum payable after the Term, it hall be tryed whether such Feoffments were made bona fide, or by Collusion, to defraud the chief Lords of the Fee of their Wards. And if the chief Lords in such Cases recover their Wards by Judgment, the Feoffees shall nevertheless have their Action to recover such Term or Fee, which they had therein, when the Heirs come to their lawful Age.

1. Enforced by 35 H. 8. c. 5. which provides a Remedy to avoid such fraudulent Conveyances.
2. 1 Roll 91.
3. 2 Roll; 106, 134.
4. Godbolt 78. pl. 92.
5. Fitz. Gard. 79, 102, 155.
6. 6 Co. 76.
7. Dyer 9.
8. 27 H.8. 7.
9. Fitz. Gard. 33.
10. Fitz. Collusion, 12, 14, 29, 36, 47.
11. 2 Inst. 109.
12. 11 Co. 77.
13. Fitz. Gard. 119.
14. Fitz. Brief, 779.
15. 39 H. 6. f. 10.
16. Ejectione custodiae, Co. Ent. 283.

A Lord impleading a Feoffee wrongfully.^[1][2]II. And if any chief Lords do maliciously implead such Feoffees, faining this Case, namely, where the Feoffments were made lawful, and in good faith, then the Feoffees shall have their Damages awarded, and their Costs which they have sustained by occasion of the foresaid Plea, and the Plaintiff's shall be grievously punished by Amerciament.

1. Regist. 161.
2. Confirmed and amended by 4 H. 7. c. 17. and rendered obs. by 12 Car, 2. c. 24.

CAP. VII.
Process in a Communi Custodia. Ward by reason of Ward.

^[1]

IN a Plea of Communi Custodia, if the Deforceors come not at the great Distress, then the said Writ shall be renewed twice or thrice, at such Terms as it may be done within the half Year following, so that every time the Writ shall be read in the open County (if the Deforceor be not found before,) and there openly be proclaimed, that he may come at the Day limited: so that if he be absent himself then, and come not to answer within the said half Year, nor the Sheriff cannot get his Body, to have it be-

1. Enforced by 13 Ed. I. Stat. I. C 35. which gives Remedy for Ravishment of Ward.