Page:Ruffhead - The Statutes at Large, 1763.djvu/227

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A.D. 1324.
Anno decimo septimo Edwardi II.
Stat. 1.
181

These chapter are not presented in modern English and the source document does not provide a translation.

CAP. VI.

A Woman marries within Age during her Ancestor's Life. The King's Tenant in chief shall not alien without a Licence.[1]SI mulier ante mortem Antecessoris sui qui de Rege tenet in capite ante annos nubiles maritata fuerit tunc Rex habebit custodiam corporis ipsius mulieris usque ad etatem quod consentiri possit et tunc eligat ipsa utrum maluerit habere in virum illum cui primo maritata fuerit vel alium quem Rex ei optulerit. Nullus qui tenet de Rege in capite per fervicium militare poterit alienare majorem partem terrarum fuarum ita quod residuum non sufficiat ad faciendum inde servicium sine licentia Regis set hoc non consuevit intelligi de membris et particulis terrarum earundem.

  1. ↑ 1 Ed. 3. stat. 2. c. 12.

CAP. VII.

[1]DE serjantiis alienatis sine licentia Regis consuevit Rex arentare hujusmodi serjantias per rationabilem extentaminde faciendam.

  1. ↑ Kel. 52, 53. 1 Ed. 3. stat. 2. c. 12. no Forfeiture, but Fine for Alienation.

CAP. VIII.
His Prerogative, that Lapse of Six Months shall not prejudice his Presentation.

[1]OF Churches being vacant, the Advowsons whereof belong to the King, and other present to the same, whereupon Debate ariseth between the King and other; if the King by Award of the Court do recover his Presentation, though it be after the Lapse of Six Months from the Time of the Avoidance, no Time shall prejudice him, so that he present within the Space of Six Months.

  1. ↑ Bro. Parl. 6.; Hob. 214.

CAP. IX.
His Prerogative in the Custody of Lands of Idiots.

[1]THE King shall have the Custody of the Lands of natural Fools, taking the Profits of them of natural Fools, taking the Profits of them without Waste or Destruction, and shall find them their Necessaries, of whose Fee soever the Lands be holden. (2) And after the Death of such Idiots he shall render it to the right Heirs, so that such Idiots shall not aliene, nor their Heirs shall be disinherited.

  1. ↑ Bro. Idiot, 4, 5, 7.; 2 H. 7. f. 3.; 4 Co. 126.; 8 Co. 170.; 1 H. 7. f. 24.; Dyer 302.; Regist. 266.

CAP. X.
His Prerogative in the Preservation of the Lands of Lunaticks.

[1]ALSO the King shall provide, when any (that beforetime hath had his Wit and Memory) happen to fail of his Wit, as there are many per lucida intervalla, that their Lands and Tenements shall be safely kept without Waste and Destruction, and that they and their Houshold shall live and be maintained competently with the Profits of the same, and the Residue besides their Sustentation shall be kept to their Use, to be delivered unto them when they come to right Mind; (2) so that such Lands and Tenements shall in no wise be aliened ⟨within the Time aforesaid⟩;[2] (3) and the King shall take nothing to his own Use. (4) And if the Party die in such Estate, then the Residue shall be distributed for his Soul by the Advice of the Ordinary.[3]

See 32 H. 8. c. 46. for the Erection of Court of Wards; which was taken away by 12 Car. 2. c. 24.

  1. ↑ 4 Co. 127.
  2. ↑ Add within the Time aforesaid.
  3. ↑ Regist. 266.

CAP.

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