Extracts from Statutes

AuthorChristopher Jessel
Pages487-494

Appendix 2


Extracts from Statutes

QUIA EMPTORES 1290

Freeholders may sell their Lands; so that the Feoffee do hold of the Chief Lord.

FORASMUCH as Purchasers of Lands and Tenements of the Fees of great men and other Lords, have many times heretofore entered into their Fees, to the prejudice of the Lords, to whom the Freeholders of such great men have sold their Lands and Tenements to be holden in Fee of their Feoffors, and not of the Chief Lords of the Fees, whereby the same Chief Lords have many times lost their Escheats, Marriages, and Wardships of Lands and Tenements belonging to their Fees; which thing seemed very hard and extream unto those Lords and other great men, and moreover in this case manifest Disheritance: Our Lord the King, in his Parliament at Westminster after Easter, the eighteenth year of his Reign, that is to wit, in the Quinzime of Saint John Baptist, at the instance of the great Men of the Realm, granted, provided, and ordained, That from henceforth it shall be lawful to every Freeman to sell at his own pleasure his Lands and Tenements, or part of them; so that the Feoffee shall hold the same Lands or Tenements of the Chief Lord of the same Fee, by such Service and Customs as his Feoffor held before

TENURES ABOLITION ACT 1660

Whereas it hath been found by former experience that the courts of Wards and Liveries and tenures by knights service, either of the King or others, or by knights service in capite, or soccage in capite of the King and the consequents upon the same have been much more burthensome, grievous and prejudiciall to the kingdom than they have beene beneficiall to the King, And whereas since the intermission of the said court which hath beene from the fower and twentyeth day of February which was in the yeare of our Lord one thousand six hundred forty and five many persons have by will and otherwise made disposall of their lands held by knights service, whereupon diverse questions might possibly arise, unless some seasonable remedy be taken to prevent the same:

488 The Law of the Manor

1. The court of Wards and Liveries, and all wardships, liveries, primer-seizins and ouster-le-mains values and forfeitures of marriages by reason of any tenure of the Kings Majesty or of any other by knights service and all meane rates, and all other gifts grants charges incident or ariseing for or by reason of wardships liveries primer seisins or ouster-le-main, be taken away and discharged and are hereby enacted to be taken away and discharged from the said twenty-fourth day of February one thousand six hundred forty-five, any law, statute, custome, or usage to the contrary hereof in any wise notwithstanding, and that all fines for alienation seizures and pardons for alienations tenure by homage, and all charges incident or ariseing for or by reason of wardship, livery, primer-seizin, or ouster-le-main or tenure by knights service escuage and also aide pur file marrier and pur faier fitz chevalier and all other charges incident thereunto be likewise taken away and discharged from the said twenty-fourth day of February one thousand six hundred forty and five, any law statute custome or usage to the contrary hereof in any wise notwithstanding, and that all tenures by knights service of the King, or of any other person, and by knights service in capite, and by socage in capite of the King, and the fruits and consequents thereof happened or which shall or may hereafter happen or arise thereupon or thereby be taken away and discharged any law statute custome or usage to the contrary hereof in any wise notwithstanding, and all tenures of any honours mannours lands tenements or hereditaments of any estate of inheritance at the common law held either of the king or of any other person or persons bodyes pollitique or corporate are hereby enacted to be turned into free and common soccage, to all intents and purposes, from the said twenty...

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