[Footnote 251: The doctrine of the text is corroborated by the Reg.
Maj. L. 2. c. 42. “Every Guardian,” says the Mirror, “is answerable for
three things. 1. That he maintain the Infant sufficiently. 2. That he
maintain his rights and Inheritance, without waste. 3. That he answer
and give satisfaction of the Trespasses done by the Infant.” (Mirror c.
5. s. 1. See also Bracton 87. a. and le Grand Cust. de Norm. c. 33.)]
The Lords may also manage the concerns of the Heir, and commence
and prosecute all Suits for the recovery of his rights, provided no
exception be taken on account of the Minor’s Age.[252] But the Lord is
not bound to answer for the Heir, neither in a question of Right nor
of Disseisin, except in one instance—when one Minor has the Custody of
another, after the decease of his Father. Should the latter Minor, upon
his attaining his full age, be refused his Inheritance, he may have
an Assise and Recognition of the Death of his Ancestor; nor shall the
Recognition, in such case, cease, on Account of the Minority of the
Lord. But if a Minor be appealed of any Felony,[253] then he shall be
attached by safe and secure pledges. Yet, whilst he continues within
age, he shall not be compelled to answer, nor until he has attained his
full age. Those persons who have the Custody are bound to restore the
Inheritance to the Heirs in good condition,[254] and discharged from
Debts, in proportion to the duration of the Custody, and the extent of
the Inheritance. But if it be doubtful, whether the Heir be of full age
or a Minor, then, undoubtedly, the Lord shall have the Custody as well
of the Heir as of his Inheritance, until the full age of the Heir be
reasonably proved by the oaths of lawful men of the Vicinage.
[Footnote 252: The Translator renders the passage as restored by the
Harl., Cotton. and Dr. Milles’s MSS.]
[Footnote 253: _Appeletur de Felonia._ “_Appellum_,” says Sir Edward
Coke, “signifies an accusation, and, therefore, to appeal a man is as
much as to accuse him.” The word _appellum_ is derived of _appeller_
to call: because, _appellans vocat reum in judicium_, he calleth the
Defendant to judgment. (Co. Litt. 287. b. See also 391. a. and Cowell
ad voc.) Appeals were known to the Normans. (Grand Custum. c. 68.)]
[Footnote 254: This, though a part of the common Law, had been so
frequently violated, that it was felt necessary to make it part of the
Great Charter. (2 Inst. 14.)]
CHAP. X.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account