in times past. And this must be understood of Lands Enforced by and Fees, the which were accustomed to be in the King's Hands, by reason of Knights Service, or Serjeanty, or Right of Patronage.
Enforced by 17 Ed. 2. stat. 1. c. 3.
Obs. these tenures being abolished by 12. Car. 2. c. 24.
CAP. XVII.
The Authority and Duty of Guardians in Socage.
[1]IT is provided, That if Land holden in Socage be in the Custody of the Friends of the Heir, because he Heir is within Age, the Guardians shall make no Waste, nor Sale, nor any Destruction of the same Inheritance; but safely shall keep it to the Use of the said Heir, so that when he cometh to his lawful Age, they shall answer to him for the Issues of the said Inheritance by a lawful Accompt, saving to the same Guardians their reasonable Costs. (2) Neither shall the said Guardians give or sell the Marriage of such an Heir, but to the Advantage of the foresaid Heir; (3) But the next Friends which had the Ward, for all that time that Writs of impleading did not lie, shall have such Wardship unto the Advantage of the Heir, as is said before, without Waste, Sale, or Destruction making.
See 28 Ed. 1. stat. 1. where Lands in Socage descend on the part of the Mother, the Guardianship belongs to the next of Kin on the Part of the Father; and 12 Car. 2. c. 24. giving Power to the Father to dispose of the Wardship of his Child by Will.
- ↑ Fitz. Wast. 1, 9, 100, 107.; Fitz. Present. 10.; Fitz. Brief, 847.; Fitz. Gard. 159, 166.; Plowd. 293.; Fitz. Accompt, 35, 59, 60, 77, 107.; Co. Lit. 87. a.; Co. Ent. 47.; 2 Inst. 135.; Rast. 21.
CAP. XVIII.
Who only may amerce for Default of common Summons.
NO Escheator, Commissioner, or Justicer specially assigned to take Assises, or to hear and determine Matters, from henceforth shall have Power to amerce for default of common Summons, but the chief Justices,[1] or the Justices in Eyre in their Circuits.
- ↑ 2 Inst. 136.
CAP. XIX.
None but the King shall hold Plea of false Judgement.
[1]NONE from henceforth (except our Lord the King) shall hold in his Court any Plea of false Judgement, given in the Court of his Tenants; for such Plea specially belongeth to the Crown and Dignity of our Lord the King.
See 1 Ed. 3. stat. 1. c. 4. of Averment on his Writ.
- ↑ Fitz. Faux Judgement, 7, 8, 10, 14.; Regist. 15.; Rast. 342.; Co. Ent. 305.
CAP. XX.
In which Courts none shall need to swear to warrant their Essoins.
[1]TOuching Essoins, it is provided, That in Counties, Hundreds, or in Courts Barons, or in other Courts, none shall need to swear to warrant his Essoin.
See the References to Chapter 13.
- ↑ Fitz Essoin, 119.; Rast. 297.; 2 Inst. 137.
CAP. XXI.
Who may take Replevins of Distresses.
[1]IT is provided also, That if the Beasts of any Man be taken, and wrongfully withholden, the Sheriff, after Complaint made to him thereof, may de- liver
- ↑ Dyer, f. 245.
