Note 781 — MAGNA CARTA. (continued 4)

See Bracton, folio 87 b. The Note Book, case 743, contains a good illustration. The motive for these restrictions was clearly to prevent injustice to mesne lords. It was probably, however, an indirect consequence of Magna Carta that a similar rule came to be applied where no mesne lord was injuriously affected. In 1231 a certain Ralf of Bradeley died who had held two separate freeholds of the Crown, (i) a small fee by petty serjeanty for which he rendered twenty arrows a year, and (ii) land of considerable value held in socage. The Crown took possession of both estates, on the assumption that the admitted right of wardship over the petty serjeanty brought with it a right of wardship over the socage lands also (although these would have been exempt if they had stood alone). The king sold his rights for 300 marks. Ralf’s widow claimed the wardship of the socage lands, on the ground that these were of much greater value than those held by serjeanty. Her argument was upheld, and the 300 marks were refunded by the exchequer to the disappointed purchaser. See Pipe Roll, 5 Henry III., cited Madox, I. 325-6.