Magna Carta: A Commentary on the Great Charter of King John: With an Historical IntroductionMcKechnie, William Sharp
History
Magna Carta: A Commentary on the Great Charter of King John: With an Historical Introduction
McKechnie, William Sharp
Constitutional history -- England -- Sources; Law -- England -- History; Law -- England -- Sources; Magna Carta
Coke, _ibid._, p. 12, makes a subtle, and apparently unwarranted,
distinction to depend on whether the minor was made a knight before or
after his ancestor’s death. The proviso, he argues, does not apply to
the former case, because the word used is “_remaneat_,” and lands
cannot “remain” in wardship if they were not in it before. Such
reasoning is puerile.
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In one case, exceptionally, wardship and relief might both be exacted on
account of the same death, though not by the same lord. Where the dead
man had formerly held two estates, one of the Crown and one of a mesne
lord, the Crown might claim the wardship of both, and then the
disappointed mesne lord was allowed to exact relief as a solatium for
his loss.[381]
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Footnote 381:
See _Coke on Littleton_, Book II. c. iv. s. 112; and cf. _infra_, cc.
37 and 43 for the “prerogative wardship” of the Crown.
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CHAPTER FOUR.
Custos terre hujusmodi heredis qui infra etatem fuerit, non capiat de
terra heredis nisi racionabiles exitus, et racionabiles consuetudines,
et racionabilia servicia, et hoc sine destructione et vasto hominum vel
rerum; et si nos commiserimus custodiam alicujus talis terre vicecomiti
vel alicui alii qui de exitibus illius nobis respondere debeat, et ille
destructionem de custodia fecerit vel vastum, nos ab illo capiemus
emendam, et terra committatur duobus legalibus et discretis hominibus de
feodo illo, qui de exitibus respondeant nobis vel ei cui eos
assignaverimus; et si dederimus vel vendiderimus alicui custodiam
alicujus talis terre, et ille destructionem inde fecerit vel vastum,
amittat ipsam custodiam, et tradatur duobus legalibus et discretis
hominibus de feodo illo qui similiter nobis respondeant sicut predictum
est.
The guardian of the land of an heir who is thus under age, shall take
from the land of the heir nothing but reasonable produce, reasonable
customs, and reasonable services, and that without destruction or
waste of men or goods; and if we have committed the wardship of the
lands of any such minor to the sheriff, or to any other who is
responsible to us for its issues, and he has made destruction or waste
of what he holds in wardship, we will take of him amends, and the land
shall be committed to two lawful and discreet men of that fee, who
shall be responsible to us for the issues, or to him to whom we shall
assign them; and if we have given or sold the wardship of any such
land to someone and he has therein made destruction or waste, he shall
lose that wardship, and it shall be transferred to two lawful and
discreet men of that fief, who shall be responsible to us in like
manner as aforesaid.
Public-domain text, read in full here on John Shaqi.
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