Page:Ruffhead - The Statutes at Large, 1763.djvu/168

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122
Stat. 1.
Anno decimo octavo Edwardi I.
A.D. 1290.

The Statute of Westminster the Third, viz. Quia emptores terrarum, made Anno 18 Edw. I. Stat. 1. and Anno Dom. 1290.

CAP. I.
The Feoffee shall hold his Land of the chief Lord, and not of the Feoffor.

[1]FOrafmuch as Purchasers of Lands and Tenements of the Fees of great Men and other Lords, have many Times heretofore entered into their Fees, to the Prejudice of the Lords, to whom the Freeholders of such great Men have sold their Lands and Tenements to be holden in Fee of their Feoffors, and not of the chief Lords of the Fees, whereby the same chief Lords have many Times lost their Escheats, Marriages, and Wardships of Lands and Tenements belonging to their Fees; which Thing seemed very hard and extream unto those Lords and other great Men, and moreover in this Case manifest Disheritance: (2) Our Lord the King, in his Parliament at Westminster, after Easter, the eighteenth Year of his Reign, that is to wit, in the Quinzime of Saint John Baptist, at the Instance of the great Men of the Realm, granted, provided, and ordained, [2]That from henceforth it shall be lawful to every Freeman to sell at his own Pleasure his Lands and Tenements, or Part of them, so that the Feoffee shall hold the same Lands or Tenements of the chief Lord of the same Fee, by such Service and Customs as his Feoffor held before.

12 Car. 2. c. 24. takes away feodal Services.

  1. ↑ 1 Roll. 106.
  2. ↑ Fitz. Avowry, 108, 185, 255.

CAP. II.
If Part of the Land be sold, the Services shall be apportioned.

[1]ND if he sell any Part of such Lands, or Tenements to any, the Feoffee shall immediately hold it of the chief Lord, and shall be forthwith charged with the Services, for so much as pertaineth, or ought to pertain to the said chief Lord for the same Parcel, according to the Quantity of the Land or Tenement so sold. (2) And so in this Case the same Part of the Service shall remain to the Lord, to be taken by the Hands of the Feoffee, for the which he ought to be attendant and answerable to the same chief Lord, according to the Quantity of the Land or Tenement sold for the Parcel of the Service so due.

  1. ↑ Dyer 299.; Fitz. Avowry, 101, 108, 21.; Fitz. Heriot, 1.; Bro. Tenures, 2, 65.; 6 Co. 1.; 8 Co. 105.; 27 H. 8. f. 26.; 40 Ed. 3. f. 40.; 2 Inst. 503.

CAP. III.
No Feoffment shall be made to assure Land in Mortmain.

[1]AND it is to be understood, that by the said Sales or Purchases of Lands or Tenements, or any Parcels of them, such Lands or Tenements shall in no wise come into Mortmain, either in Part or in Whole, neither by Policy ne Craft, contrary to the Form of the Statute made thereupon of late. (2) And it is to wit, that this Statute extendeth but only to Lands holden in Fee-simple; (3) and that it extendeth to the Time coming, and it shall begin to take Effect at the Feast of Saint Andrew the Apostle next coming. Given the eighteenth Year of the Reign of King Edward, Son to King Henry.[2]

And see 18 Ed. 3. stat. 3. c. 3.  15 R. 2. c. 5.  23 H. 8. c. 10. restraining Alienations in Mortmain.  1 & 2 P. & M. c. 8. permitting them to spiritual Corporations.  39 Eliz. c. 5.  21 Jac. 1. c. 1.  13 & 14 Car. 2. c. 12 permitting them for the Benefit of the Poor, &c.  7 & 8 W. 3. c. 37. empowering the Crown to grant Licences to alien in Mortmain. And 9 Geo. c. 36. restraining Gifts in Mortmain by Will.

  1. ↑ 2 Inst. 504.
  2. ↑ 9 H. 3. stat. 1. c. 32.[n 1] Add 7 Ed. 1. stat. 2.  13 Ed. 1. stat. 1. c. 32. and 34 Ed. 1. stat. 3.
  1. ↑ For c. 32. read c. 36.

The

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