Page:Ruffhead - The Statutes at Large, 1763.djvu/172

^[1]William Butler, which is within Age, and in Ward of our Lord the King, hath shewed unto his Highness, that where Gawin Butler his Brother (whole Heir he is) had impleaded one Walter de Hapeton by the King's Writ, for Waste and Destruction made by him the said Walter in certain his Lands and Tenements, which the same Walter held for Term of his Life, of the Inheritance of the foresaid Gawin in Wimme and Thirke; and the foresaid Gawin, before he had obtained Judgement, died, after whose Death the foresaid William by like Writ impleaded the foresaid Walter for the Waste and Destruction made by him of long Time. The same Walter, before Gilbert Thornton and his Companions assigned to hear the King's Pleas, came in, and said, that he ought not to answer to the same William for the Waste and Destruction made in the Time of another, before the Right of the said Inheritance descended unto him, and thereupon demanded Judgement. (2) And forasmuch as certain Justices did not agree in giving of the said Judgement, because it seemed to some that it should not be agreeable to the Law, that any Person should obtain Advantage and Recompence by the foresaid Writ, which is a Writ of Trespass done to a Person certain, but only the same Person to whom and in whose Time the Trespass was done; (3) other Justices, with the more Part of the King's Council, were in the contrary Opinion, alledging by divers Reasons, that the said William ought to be heard and answered unto, and all other whatsoever they be, in like Cases or in like Trespasses: And because like Matters have remained not amended, and Trespasses unpunished, which was inconvenient:

II. Wherefore our Lord the King, in his full Paliament holden the Day after the Feast of the Purification, in the Twentieth Year of his Reign, by a general Council hath ordained, and from henceforth hath commanded to be straitly observed, That every Heir (in whose Ward soever he be, and as well within Age as of full Age) shall have his Recovery by a Writ of Waste in the foresaid Case, and also in other where the same Writ ought to hold Place; (2) and it shall hold Place as well for Waste and Destruction made in Lands and Tenements of his own Inheritance, and as well in the Times of his Ancestors, as at any other Time that the Fee and Inheritance descended unto him, and shall be answered unto therefore; (3) and that he shall recover the Tenements wasted, and Damages, as it is ordained in the ^[1]Second Statute of Westminster, of Damages to be recovered in a Writ of Waste, if the Tenant be convict of Waste. (4) And it is commanded by the King himself unto the same Gilbert Thornton and his Companions, that they do proceed in the foresaid Matter, and in otherlike from henceforth, and Judgement shall be given according as the Matter is found. (5) And likewise it is commanded unto the Justices, that they shall cause all the foresaid Things to be straitly observed before them from henceforth.^[2]