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14 E. 3. cap. 12. Lands by ward in the Kings hand shall be let to the next friends of the infant, to whom the enheritance can∣not descend, if they offer speedily after Di∣em clausit extremum in the Chancerie to ren∣der till the Infants age, as other will with∣out fraud.
The Mandamus after the yeare. And * 1.1 ••ere it must further be enquired who took ••e profits. The Deuenerunt is when the ••uncester dyed in ward to the King. 2. a ••uae plura, melius inquirendum, & Datum est ••obis intelligi, vpon defect in offices found by ••ertue of such writs or commissions, but ••hese shall neuer goe out vpon an office ••ound virtute officij. Quae plura vpon leuy∣••ng * 1.2 out of any land in those offices.
Melius inquirendum vpon any other de∣••ect in the office, as if the office were insuf∣ficient (a) 1.3 or vncertaine, or the (b) 1.4 land of greater value, then is found in the office: or ••eld by other seruices, or the Tenant seised of other estate.
Datum est nobis intelligi, vpon an office fin∣ding * 1.5 lands to be holden of any other per∣son, when there is a record to proue that is holden of the King, but this writ shall not be vpon a bare surmise.
Those for hauing the land out of the Kings hand are an Aetate probanda, and * 1.6 a writ of Lyuerie. Aetate probanda is to en∣quire whether he be of full age, or not, be∣fore which time he is not to haue lyuerie. A writ of Lyuerie is after a perfect office, * 1.7 (for no liuerie shall be vpon an insufficient office) finding a tenure in chiefe whether by knights seruice or soccage: and whether * 1.8 the heire then be within age, or of full age. But he that holdeth of the King by knight seruice, but not in Capite, shall not sue liue∣rie. * 1.9 But because none can enter vpon the
King, the heire (if hee were within 〈…〉〈…〉 when he commeth to his full age shal 〈…〉〈…〉 an ouster lemain, to haue all the la•••••• ••••∣liuered to him at once by the King, which * 1.10 is called a liuerie, for if this be sued and •••• mention made of an auowson, all shall •••• reseised, and the King answered of all t•••• mesne issues. And a liuerie must be entire, and not by parcels. The manner thereof i•• * 1.11 this, when the heire in the Kings Ward i•• * 1.12 of full age, he shall haue a writ out of the Chancerie to the keeper of the priuie seale, testifying that he is of full age, and here∣upon he shall haue a priuie seale to the Chamberleine of the King to receiue his homage. And when he hath receiued his homage hee shall haue a writ from the Chamberleine to the Chancellor testifying that he hath receiued his homage, and ther∣upon he shall haue a writ of liuery.
Stamf. 52. F. N B. 253. ••. F. N. B. 253. b. Stamf ibid••. Fitz ibid. 4 ••. •• 24.
F. N. B. ••••5.
E. 4. 24.
F. N. B. 255.
2 H. 7. 2.
F. N B. 257.
Stamf pr••. 52.
F. N. B.
32 H 8. Br. liuerie et ouster lemain 62
(a) 44. E. 3 25.
(b) 2 H. 7. 12.
(c) F. N. B. 156.