(3) _Provision against a recurrence of the waste._ It was only fair that reasonable precautions should be taken to prevent the heir who had already suffered hurt, from being similarly abused a second time. John, accordingly, promised to supersede the keeper guilty of waste by appointing as guardians two of the most trustworthy of the free-holders on the heir’s estate. These men, from their local and personal ties to the young heir, might be expected to deal tenderly with his property. The “unknown Charter,” already referred to, proposed a more drastic remedy. Whenever the Crown’s right to a wardship opened, the lands were to be entrusted to four knights of the fief without waiting until damage had been done. This suggestion, if carried out, would have protected the king’s wards, without injury to the legitimate pecuniary interests of the Crown. CHAPTER FIVE. Custos autem, quamdiu custodiam terre habuerit, sustentet domos, parcos, vivaria, stagna, molendina, et cetera ad terram illam pertinencia, de exitibus terre ejusdem; et reddat heredi, cum ad plenam etatem pervenerit, terram suam totam instauratam de carrucis et waynagiis, secundum quod tempus waynagii exiget et exitus terre racionabiliter poterunt sustinere. The guardian, moreover, so long as he has the wardship of the land, shall keep up the houses, parks, places for live-stock,[397] fishponds, mills, and other things pertaining to the land, out of the issues of the same land; and he shall restore to the heir, when he has come to full age, all his land, stocked with ploughs and implements of husbandry, according as the season of husbandry shall require, and the issues of the land can reasonably bear. ----- Footnote 397: _Vivarium_ in strictness means a place for keeping live-stock, but probably included the animals also. By Coke, in the _Statutes at large_, and elsewhere, it is translated “warren”; but that word has its Latin form in _warrena_. Stubbs’ Glossary to _Select Charters_ (p. 551) renders it as “a fish pond,” but _stagnum_ has that meaning. The Statute Westminster II. (c. 47) speaks of _stagnum molendinæ_ (a mill-pond). The Statute of Merton (c. 11) refers to poachers taken _in parcis et vivariis_; while Westminster I. (c. 1) forbids _ne courge en autri parks, ne pesche en autri vivers_, which suggests a change of connotation. Cf. _ibid._, c. 20. ----- These stipulations form the complement, on the positive side, of the purely negative provisions of chapter 4. It was not sufficient to prohibit acts of waste; the guardian must see that the estates were kept in good repair.