Page:Ruffhead - The Statutes at Large, 1763.djvu/228

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182
Stat. 1.
Anno decimo septimo Edwardi II.
A.D. 1324.

CAP. XI.
His Prerogative in having the Wreck of the Sea, Whales, and Sturgeons.

[1]ALSO the King shall have Wreck of the Sea throughout the Realm, (2) Whales and great Sturgeons taken in the Sea or elsewhere within the Realm, (3) except in certain Places privileged by the King.

  1. ↑ 5 Co. 106, 108.; 1 H. 7. f. 23.; 11 H. 4. f. 16.; 9 H. 7. f. 20.; 35 H. 6. f. 27.

CAP. XII.
His Prerogative in enjoying the Lands of Normans.

[1]ALSO the King shall have Escheats of the Lands of Normans, to whose Fee soever they belong, saving the Service appertaining to the chief Lords of the same Fee. And this also is to be understood where any Inheritance descendeth to any that is born in the Parts beyond the Sea, whose Ancestors were from the Time of King John under the Allegiance of the Kings of France, and not of the Kings of England, as late it happened by the Barony of Monmouth, after the Death of John de Monmouth, whose Heirs were of Britain and other Places, King Henry by the foresaid Occasion recovered many Escheats of Normans Lands out of the Fees of other Men, and gave them to be holden of the chief Lords of the Fee, by Services due and accustomed thereunto.

  1. ↑ 47 Ed. 3. f. 21.

This chapter is not presented in modern English and the source document does not provide a translation.

CAP. XIII.

[1]QUANDO aliquis qui tenet de Rege in capite in fata decedit et heres ejus ingrediatur tenementum quod antecessor ejus tenuit de Rege die quo obiit antequam fecerit homagium Regi et seisinam suam receperit per Regem tunc nullum ei accrescit liberum tenementum et si obierit seisitus per idem tempus uxor ejus non habebit dotem de tenemento illo sicut contigit de Matilda filia Comitis Hereford uxore Anselmi Marescalli qui port Mortem Willielmi Comitis Marescalli Anglie Fratris sui cepit seisinam Castri et manerii de Strogill et obiit in eodem Castro antequam intrasset per Regem et fecisset ei Homagium et unde consideratum fuit quod ipsa non haberet dotem eo quod vir ejus non intravit per Regem imo per intrusionem set hoc non intelligitur de escaetis et parvis tenuris.

  1. ↑ 4 Ed. 1. c. 4.

CAP. XIV.
His Prerogative in have[1] the Escheat of Bishops Freehold Tenants attainted of Felony during the Vacation.

ALSO the King shall have Escheats of Lands of the Freeholders of Archbishops and Bishops, when such Tenants be attainted for Felony in Time of Vacation, whiles their Temporalities were in the King's Hands, to give at his Pleasure, saving to such Prelates the Service that thereto is due and accustomed.

  1. ↑ Read having.

CAP. XV.
His Prerogative, that Knights Fees, Advowsons, and Dowers do not pass from him without special Words.

[1]WHEN our Lord the King giveth or granteth Land or a Manor with the Appurtenances, without he make express Mention in his Deed or Writing of Knights Fees, Advowsons of Churches, and Dowers when they fall, belonging to such Manor or Land, then at this Day the King reserveth to
  1. ↑ 10 Co. 63.; Dyer 350.; 2 R. 3. f. 4.; 41 Ed. 3. f. 5.; 43 Ed. 3. f. 22.; Fitz. Quare impedit, 31, 40.; Fitz. Gard. 44.
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