Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/299

 Ch. 18. the curtey ; and not in tenant for life or years. And the reaon of the diverity was, that the etate of the three former was created by the act of the law itelf, which therefore gave a remedy againt them: but tenant for life, or for years, came in by the demie and leae of the owner of the fee, and therefore he might have provided againt the committing of wate by his leee; and if he did not, it was his own default. But, in favour of the owners of the inheritance, the tatutes of Marlbridge and Gloceter provided, that the writ of wate hall not only lie againt tenants by the law of England, (or curtey) and thoe in dower, but againt any farmer or other that holds in any manner for life or years. So that, for above five hundred years pat, all tenants for life or for any les etate, have been punihable or liable to be impeached for wate, both voluntary and permiive; unles their leaes be made, as ometimes they are, without impeachment of wate, abque impetitione vati; that is, with a proviion or protection that no man hall impetere, or ue him, for wate committed.

punihment for wate committed was, by common law and the tatute of Marlbridge, only ingle damages ; except in the cae of a guardian, who alo forfeited his wardhip by the proviions of the great charter : but the tatute of Gloceter directs, that the other four pecies of tenants hall loe and forfeit the place wherein the wate is committed, and alo treble damages, to him that hath the inheritance. The expreion of the tatute is, "he hall forfeit the thing which he hath wated;" and it hath been determined, that under thee words the place is alo included. And if wate be done parim, or here and there, all over a wood, the whole wood hall be recovered; or if in everal rooms of a houe, the whole houe hall be forfeited ; becaue it is impracticable for the reverioner to enjoy only the identical places wated, Rh