This leads us to observe, that some Heirs are evidently of Age, some as
clearly not of full age, but others of whom it may be doubtful, whether
they have attained their age or not. The first description of Heirs
may, immediately upon the deaths of their Ancestors, hold themselves in
possession of their Inheritance,[246] although their Lords may take the
Fee, together with the Heir, into their hands. This, however, ought
to be done with such moderation, as not to cause any Disseisin to the
Heirs, who may, indeed, should it be necessary, resist the violence of
their Lords, provided they are prepared to pay their Reliefs, and to
render to them such other services as are justly due. But, if it be
evident that the Heir is under age, and he hold by Military service, he
is considered to be in the Custody[247] of his Lord, until he attains
his full age.
[Footnote 246: Vide Statute of Marlebridge, chap. 16. and Lord Coke’s
Comment thereon. (2 Inst. 133.)]
[Footnote 247: Of the Custody and Marriage of the Minor, we may form
a general notion, when we understand, that they were considered as
chattels and moveables, which the Lord might dispose of _in extremis_.
See Fleta and Bracton, Sparsim.]
The full age of an Heir, if the son of a Knight, or of one holding by
Military service, is when he has completed his twenty-first Year.[248]
But, if the Heir be the Son of a Sockman, he is esteemed to be of full
age when he has completed his fifteenth Year.[249] If he is the son of
a Burgess, he is understood to have attained his full age,[250] when he
has discretion to count Money and measure Cloth, and in like manner to
manage his Father’s other concerns.
[Footnote 248: Vide Craig Jus feud. L. 2. D. 17. s. 17. and L. 2. D.
20. s. 17.—Bracton 86. b.]
[Footnote 249: Vide Craig Jus feud. L. 2. D. 17. s. 37.—LL. Hen. 1. c.
70.—Bracton 86. b. This, it seems, is still the age by the custom of
Gavelkynd. (Robins. on Gavelk. 185.)]
[Footnote 250: At fourteen, or when he can attend to his Parent’s
concerns, according to Reg. Maj. L. 2. c. 41. See Bracton 86. b.]
In so extensive a sense have Lords the Custody of the Sons and Heirs
of their Homagers and of their Fee, that they, for example, exercise
an absolute controul with respect to presenting to Churches in their
Custody, in marrying Females, (if they fall into wardship), and in
regulating other matters, in the same manner as if they were their
own. The Law, however, does not permit the Lords to make any absolute
disposition of the Inheritance. In the mean time, the Lord should
maintain the Heir in a manner suitable to his Dignity and the extent of
his Inheritance, and should discharge the Debts of the deceased, so far
as the Estate and the length of the Custody will admit.[251] Hence they
are bound by the Law to answer the Debts of the Ancestors.
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