chapter but if the heir of any such be within age his lord shall not have the  ward of he nor of his land before that he have take of he homage and after  such a heir have be in ward when he be come to full age that be to say to the  age of one and twenty year he shall have his inheritance without relief and  without fine so that if such a heir be within age be make knight yet  nevertheless his land shall remain in the keep of his lord unto the term  aforesaid heir this statute be only to be intend of a heir male whereof haeres  be derive and who shall be haeres c see the first part of the institute lib  sect costumier de norm and the exposition upon the same before that he have  take of he homage for homage see the first part of the institute sect and it  be to be observe that in England and France it be call homage homage and in  Italy Vassalagium some have think that these word be to be understand that the  heir within age shall not be in ward until the lord have take the homage of  some of the ancestor of the ward so as the ancestor of the heir may die in the  homage of the lord for in a Writ of ward bring by the lord it be a good plea  to say that the ancestor die not in his homage and the statute say not before  homage suum to take in hand but homage general and say they if the lord shall  receive homage of the heir he shall not be in ward at all but this be not the  right intendment of these word but the statute mean that the homage shall be  take of the heir himself and that for the benefit of the heir and so do it  appear bya our old book that write some after this statute and contemporary  exhibition  be strong in lege and so do the word themselves of this law import  and the reason thereof be notable which be that before the lord shall have  benefit of wardship he shall be bind to two thing b to warrant the land to the  heir and to that end the heir may have a Writ de homage to take in hand to  acquit he from service and other duty to be do and pay to all other lord both  which the lord be bind to donc as the law be then hold if the lord accept  homage de droit of his tenant in such sort as the lord be if he receive homage  auncestral at this day but otherwise it be of homage in fait homage be law  vinculum quo quis to bind on and warrantizandum to ward off acquietandum  to hold suum in seisinam versus all per that which is fixed to be a servant in  donation nominatum a forcing apparatus now too vice line quo to hold  to bind on and faith lord his servand slavery debt is owed faciend we have a  ancient manuscript of a case adjudge in a Writ of custom and service between  Alexander of Poulton and Robert de Norton that homage be of a high nature to  diverse purpose then escuage f for that homage bind to warranty which escuage  do not homage be so solemn as that it can be do again as long as the tenant  that make it life but escuage may be give every other year g and Littleton say  that homage be the most honourable service and humble service of reverence and  yet it be true that escuage take it for service draw to it homage h but at the  commonlaw if a man hold land by knight service have make a gift in frank  marriage and the donee have die his heir within age the heir shall be in ward  before any homage receive because dominus non to be able hegoat homage usque  and for the third time to hang and this statute be to be intend where homage  be to be receive by law yet do the tenant in judgement of law die in the  homage of the lord or otherwise he can not be in ward a case worthy of great  consideration I but after when it be resolve for law and so hold to this day  that homage of it self do not bind the lord to any warranty or acquittal  unless it be homage auncestrell which either be wear out or very rare in  England at this day then accord to the old rule to be remiss ration law  be remiss self law the heir can bind the lord to receive homage in this case  but if the tenure be by homage auncestrell there the lord shall not have the  custody of body or land before he receive homage of the heir for that homage  bind he to warranty and acquittal and consequent within the reason of this law  k here be to be note that one within age may do homage but he can do fealty  because that be to be do upon oath Hoc to watch quoth si minor homage to make  no one yet juramentum faithfulness before and lifetime to come up to see more  concern this matter part Institut lib cap homage fealty be make knight be make  a knight and his tenure of service be call the condition of a slave  military man knight service and therefore if the king create the heir within  age a duke a marquis a earl a viscount or a baron yet he shall remain in ward  for his body but if the heir of a duke or of any other of the nobility be make  a knight he shall be out of ward for his body if the heir in ward be create a  knight of the garter a knight of the bath a knight banneret or a knight  bachelor he shall be out of ward for his body for that he be a knight and  somewhat more and the statute speak general unless a knight and therefore  within the word and meaning of this law and the sovereign of chivalry have  adjudge he able to do knight service and this word fiat be make prove that  knighthood ought to be by creation make and can be by descent m but albeit the  heir be make a knight within age yet be he not free of the valve of his  marriage for that be vest before in the king or other lord and the king be  sovereign of chivalry have adjudge he of full age that be able to do knight  service to this intent to free his body from custody but neither to bar the  king or other lord of the valve of the marriage no more then if he have attain  to his full age of year remain in the keep of his lord this word  to stay behind imply that this statute be to be understand only where the heir  after he be in ward be make knight within age for when the heir apparent be  make knight within age in the life of the ancestor and the ancestor die his  heir within age he shall be out of ward both for body and land because the  sovereign of chivalry have adjudge he of full age and able to do knight  service in the life of his ancestor so as in that case no title of wardship do  ever accrue and there can be no to stay behind or residue but of that thing  that have his essence or be chapter the keeper of the land of such a heir be  within age shall not take of the land of the heir but reasonable issue  reasonable custom andreasonable service and that without destruction and waste  of his man and his good and if we commit the custody of any such land to the  sheriff or to any other which be answerable to they for the issue of the same  land and he make destruction or waste of those thing that he have in custody  we will take of he amends and recompense therefore and the land shall be  commit to two lawful and discreet man of that fee who shall answer unto they  for the issue of the same land or unto he who we will assign and if we give or  sell to any man the custody of any such land and he therein do make  destruction or waste he shall lose the same custody and it shall be assign to  two lawful and discreet man of that fee who also in like manner shall be  answerable to they as afore be say keeper a keeper some derive the word a  spear to stand because custos be be who spear rei stat custodiend and  thereupon sometime he be call curator in French he be call a garden so as his  name custos do put he in mind of his office and duty that be not only to keep  and preserve the land and tenement of the ward commit to his custody in safety  but also to educate and bring up his ward virtuous and to advance he in  marriage without disparagement vide part Institut sect of the cause and end of  wardship and see the part of the Institut cap court of ward and livery  reasonable issue exitus be derive ab to go out and signify the rend and profit  issue out or come of the land or tenement of the ward which must be take by  the garden in reasonable manner and therefore to exitus  the pure milk of reason be add for that nothing that be unreasonable be allow  by law reasonable custom that be thing due by custom or prescription and  appendant or appurtenant to the land or tenement in ward as advowson commons  waste stray wreck and the like also the reason nable custom fine c of tenant  in villeinage or by Copy of court roll where fine be incertain for though the  custom duty fine or the like be incertain yet if that which be exact or demand  be unreasonable it be against the commonlaw for this word consuetud and the  diverse signification thereof see hereafter cap reasonable service this also  as appear by Glanville that write in the reign of Henry be the commonlaw of  England that incertain service and aid ought to be reasonable for say he the  lord may rationabilia to give help de man n'est ind to drive out ita yet  moderate secundum quantitatemfeodorumsuorum&secundum facultate ne minus  to make heavy ind to see well suum contenementum to send away and that which  he speak there of aid be tobe appliedtoallincertainservices custom fine or  duty but it may be demand how and by who shall the say reasonableness in the  case aforesaid be try this you may read in the first part of the institute  sect and that without destruction and waste of his man and his good for these  word destruction and waste see the first part of the institute sect and the  statute of gloc cap and if we commit c for this word  To bring together vide  the first part of the institute sect here the committee of the king be take  for he to who the king commit the custody of the land to one or more by this  word  To bring together reserve a rend Interrog. quis the plus dare volveri  and there the king remain garden we will take of he amends and recompense  therefore and this may be upon a office find or by Writ direct to the sheriff  to this effect because datum be we to come to know c and if we give or sell to  any man the custody c in this case the king grant or sell the very custody  itself so as the grauntee or vendee become guardian in fact and that this  distinction between the committee and Grauntee be by the commonlaw hear what  Glanville say si true dominus king largely custodiam some pity tune  to separate utrum ei custodiam full jure pity ita quoth no one ind reddere  computation it is necessary and Scaccarium or aliter si yes plene ei custodiam  pity tunc to be able c to carry on business as to sew recte  to place here and there king h grant a ward to the duchess of Buckingham  Interrog. in shades of dead  n'est before to touch and afterward the king make  a special livery as by law he may to the heir within age and it be adjudge as  justice frowick report that the duchess be without remedy but otherwise it  have be if the grant be durante those inferior in rank lifetime heir or  durante those inferior in rank lifetime Interrog. in shades of dead  our men   c but here it may be material demand what if the committee or Grauntee do  waste and the king during the minority take no amends what remedy have the  heir after his full age the answer be that he shall have a action of waste and  that by order of the commonlaw and then it be further doubt and demand what  shall the heir then recover for the wardship can be lose see the heir be of  full age neither by this statute nor by the statute of gloc to this the answer  be very observable that see that the wardship can be lose and the waste be to  the heir ditherision ought not to remain unpunished that the heir shall  recover Triple damage for that penalty be annex to the action of waste and  therefore if a action of waste be give against tenant in tail apres  possibility general the plaintiff shall recover Triple damage because they be  annex to this suit but if the king do take amends then the heir at full age  shall have no action of waste he shall lose the same custody this be  understand of the land and not of the body for the word be to give up dvobus c  who de exit terrae we ind to answer notam since this statute of great Charta  diverse other statute against waste and destruction in the land of ward have  be make at the make of this statute the king have not any prerogative in the  custody of the land of idiot during the life of the idiot for if he have have  this Act will have provide against be c commit by the committee or assignee of  the king to be do in their possession as well as in the possession of ward but  at this time the guardianship of idiot c be to the lord and other accord to  the course of the commonlaw and idiot from their nativity be account always  within age and therefore the custody of they be perpetual so long as they live  for that their impotency be perpetual and the lord of who the land be hold  have not a tenant that be able to do he service and therefore within the  reason of a custody of a minor or of a heir within age in case of wardship and  this appear by Fleta Solent protector an uneducated man foolish come  substantial object the dawn without interruption quoth lictium to be  to see in advance eastern quoth see Self to carry back non noverint nam always  judicaba infra lifetime well because verumq more per hujusmodi custodiam ex  haeredationes compatieba to see in advance to be comuniter concession quoth  king substantial object haereditatu hujusmodi an uneducated man foolish sub  continuous custodiam to hold fast dumb yet a birth to be ignorant man fool by  autem si slow a wherever lord to hold Self to wed ex omni exhaeredatione  to save hoc come insertion in to quoth domini fee other quorum to be between  ut slavery redditibus watch usque and fixed by law lifetime secundum creating  fee releviis hujusmodi nothing law to go to ruin but then it be demand when be  this prerogative give to the king certain it be that the king have it before  the statute of e de tribe which voted first king for it appear in our book  that the king have this prerogative year  e and before that it be manifest  that the king have it before Britton write in the reign of e as you may read  in his book and it be as clear that when Bracton write who write about the end  of the reign of Henry that the king have not then this prerogative and  therefore it follow that this prerogative be give to king Edward the first  before that Britton write by some Act of parliament which be not now extant  and it appear by the mirror of justice agree with Fleta that this prerogative  be grant by common assent vide lib beverley case fol chapter the keeper so  long as he have the custody of the land of such a heir shall keep up the house  park warren pond mill and other thing pertain to the same land with the issue  of the say land and he shall deliver to the heir when he come to his full age  all his land store with plough and all other thing at the least as he receive  it all these thing shall be observe in the custody of archbishoprics bishopric  abbey priory church and dignity vacant which appertain to they except this  that such custody shall not be sell that this be the commonlaw appear by  Glanville who say to set up again autem to hold custodes heir Self heir  inslauratas debt is owed acquietatas juxta urgency time watch magnitude  haereditatis all these thing shall be observe in the custody of archbishoprics  c the custody of the temporalties of every arch bishop and bishop within the  realm and of such abbey and priory as be of the king foundation after the same  become void belong to the king during the vacation thereof by his prerogative  for as the spiritualties belong during that time to the dean and chapter de  common jure or to some other Ecclesiascticall person by prescription or  composition so the temporalties come to the king as founder and this do belong  to the king be patron protector church in so high a prerogative incident to  his crown as no subject can claim the temporalties of a arch bishop or bishop  when they fall by grant or prescription maxim but as in omni re  about to be born into being res who self remember exterminate unless it be  timely prevent as the worm in the wood or the moth in the Cloth and the like  so oftentimes no profession receive a great blow then by one of their own coat  for ranulph a ecclesiastical person and king William Rufus his chaplain a man  to drive up ingenio and profunda wickedness be a factor for the king in make  merchandise of church live in as much as when any archbishopric bishopric or  monastery become void first he persuade the king to keep they void a long time  and convert the profit thereof sometime by let and sometime by sale of the  same whereby the temporalties be exceed waste and destroy second after a long  time no man be prefer to they per giving up annuli stick by livery of season  free as the old fashion be but by bargain and sale from the king to he that  will give most by mean whereof the church be stuff with unworthy and  insufficient man and many man of lively wit and towardliness in learning  despair of preferment turn their study to other profession this ranulph for  serve the king turn be advance first to be the king chancellor after to be  bishop of duresme who after his advancement to so high dignity make they  servant to his sacrilegious and simoniacal design king Henry the first see  this mischief and foresee the great inconvenience that will follow thereupon  be content for his own time to bind his own hand to the end the church now  naked and bear may receive some comfort and have mean to provide thing  necessary for their profession and call he thereupon at his coronation make a  charter to this effect because kingdom pressure to be unequal expulsion ego in  looking back  God love who towards thou all to have sancta God  Ecclesiamimprimis Proserpine fac ita quoth nec to sell nec and strong  to put down nec corpse archbishop sive bishop well abbate to some degree  to take without effort de Dominio church well man he while successor she  to advance all evil custom who kingdom England opprimeba ind to take away he  commit the say ranulph then bishop of Durham to prison for his intolerable  misdeed and injury to the church where he live without love and die without  pity save of those that think it pity he live so long shall not be sell Fleta  where above say to sell non to withhold nec pulse yet the king may commit the  temporalties of they during the vacation as by the statute of Edward appear  chapter heir shall be marry without disparagement this be a ancient maxim of  the commonlaw see more hereof in the first part of the institute sect