Page:Ruffhead - The Statutes at Large - vol 9.djvu/585

There was a problem when proofreading this page.

Lands, Tenements, and Hereditaments bee holden immediately, shall have a writ of right of warde, as well for the bodie as for the land, as the Lord mould have had, if the same ancester had beene in possession of that estate so being in use at the time of his death, and no such state to his use made. And if any such heire be of full age at the death of his ancester to pay a releese, as his ancester, whose heire hee is, had beene in possession of that estate so being in use at the time of his death, and no such estate to his use made or had. It is also stabliihed and enacted, by the find authoritie, that such heire or heires, so being in ward, shall have like action of waste against the said Lords, or against them in whose warde they so be, as they or any of them should have had, and recover such damages and such penalties to be to the said Lord and gardeans as should have been if their ancester had died thereof seised. And over if any such Lord bring any such writ of right of ward against such person or persons, and be barred in the same: that then the same defendant or defendants, shall recover damages against the saide plaintifes for their wrongfull vexation in the same. Provided alwayes that this Acte begin to take effect of the heires of them that shall die after the feast of Easter that shall be in the yeere of our Lord M.CCCC.lxxxx.

The penalty for decaying of Houses of Husbandry, or not laying of convenient Land for the maintenance of the same.

Houses of HusbandryITEM, the King our Soveraigne Lord, hauing a singular pleasure aboue all things to avoide such enormities and mischiefes, as bee hurtfull and preiudiciall to the common weale of this his land and his subiects of the fame, remembreth that among all other things great inconveniences daily doe increase by by desolation and pulling downe, and wilfull waste of houses and townes within this Realme, and laying to pasture lands, which customably have beene used in tillage, whereby idlenesse, which is the ground and beginning of all mischiefes, daily doth encrease. For where in some townes two hundred persons were occupied and lived by their lawfull labours, now there are occupied two or three heardmen, and the residue fall into idlnesse, the husbandrie which is one of the greatest commodities of this Realme is greatly decayed, Churches destroyed, the service of God withdrawen, the bodies there buried not prayed for, the Patrons and Curates wronged, the defence of this land against our enemies outward, feebled and impaired, to the great displeafure of God, to the subversion of the pollicie and good rule of this land, if remedie be not provided: Wherefore the King our Soveraigne Lord by the adcice of the Lords spirituall and temporall, and the Commons in this said Parliament assembled, and by authority of the same, hath ordained, enacted and stabliihed, that no person, of what estate degree or condition that he be, that hath any house or houses, that at any time within three yeers passed, hath beene or that now is, or that hereafter shall be lette for ferme with xx. acres of land at least, or more, lying in tillage and Husbandrie, that the owner and owners of every such house or houses and land, doe keepe sustaine and maintaine houses and buildings upon the said ground, and land convenient and necessarie for maintaining and upholding of the saide tillage and Husbandrie. Tillage.And if any such owner or owners of any such house or houses and land, take land and occupie any such house or houses, and keepe in his or their owne hands, that the saide owner or owners by the said authoritie be bound in like wife to keepe Tillage and maintaine houses and buildings upon the saide ground and land convenient and necessarie for the maintaining and upholding of the saide tillage and Husbandrie. And if any man doe contrary to the premisses or any of them, that then it be lawfull to the King, if any such lands or houses be holden of him immediately, or to the Lords of the Fees, if any such lands be holden of them immediately, to receive yeerely halfe the value of the issues and profits of any such lands, whereof the house or houses be not so maintained and sustained. And the same halfe deale of the issues and profits to have, holde and keepe to his or their owne use, without any thing therefore to be payed or given, till such time as the same house or houses bee sufficiently builded or repaired againe. And that no manner of freehold be in the King, nor in any such Lord or Lords, by the taking of any such profits, of or in any such lands in no manner of forme: but onely the King and the said Lord or Lords, have power to take, receive, and have the said issues and profits, as is above saide, and therefore the King or the said Lord or Lords to have power to distraine for the same issues and profits to be had and perceived by them, in forme above seyde, by authoritie of this present Acte.