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others, or by knights-service in capite, or socage in capite of the king, and the consequents upon the same, have been much more burdensome, grievous, and prejudicial to the kingdom, than they have been beneficial to the king; and therefore enacts, that the court of wards and liveries, (established by the 32 Hen. 8. C. 46. Eng. and 33 Hen. 8. c. 22. Eng.) and all wardships, liveries, primer seisins and ouster-le-mains, values and forfeitures of marriages, by reason of any tenure of the king's majesty, or of any other, by knights-service, and all charges incident or arising för or by reason of wardships, liveries, with their agua primer seisins or ouster-le-mains shall be taken away : perdages.. And that all fines for alienations, seizures and pardons for alienations, tenure by homage, and all charges incident or arising by reason of wardship, livery, primer seisin or ouster-le-main, or tenure by knights-service, escuage, and also'aide pur file marrier, and pur faire fits chevalier, and other charges, be likewise taken away: · And that all tenures by knights-service in capite, and by and convertei socage in capite of the king, and the fruits and conse- into free socage. quents thereof be taken away; and all tenures of any honours, manors, lands, &c., or any estate of inheritance at the common law, held either of the king, or of any other • person or body, be turned into free and common socage. · And (by s. 2.) that the same be for ever discharged of all
tenure by homage, escuage, voyages royal and charges for the same, wardships incident to tenure by knightsservice, and values and forfeitures of marriage, and
other charges incident to tenure by knights-service, and ' from aide pur file marrier, and aide pur faire fits cheva
lier: And that all conveyances and devises of any manors, lands, &c.; made since the * 24th February, 1645, shall be expounded to be of the same effect, as if the same manors, &c.; had been then held, and continued to be holden, in free and common socage only. By s. 4. all tenures to be created by the king, of any estate of in
heritance at the common law, shall be in free and com, mon spcage only, and not by knights-service, or in capite, :"
* The 14 and 15 Car. 2. c, 19. Ir. has relation to the 230 October, 1641, tko - period of the Irish rebellion,
and shall be discharged of all wardship, value and for. feiture of marriage, livery, primer seisin, ouster-le-rain,
aide pur faire fits chevalier, and pur file marrier. But s. 5. by s. 5. this act shall not take away any rents certain, heHeriots, &c.
riots, or suits of court, incident to any former tenure reserved. now taken away, or other services incident to tenure in
common socage, or the fealty and distresses incident thereunto: And such relief shall be paid in respect of
such rents, as in case of the death of a tenant in com5. 6. mon socage And by s. 6. any thing herein shall not Fines in partie
take away any fines for alienation due by particular cuscular manors. toms of particular manors and places, other than fines
for alienation of lands holden immediately of the king in s. 7. capite. By s. 7. this act shall not take away tenures in Frank-almoign.
on frank-almoign, or subject them to greater services; nor Copy-hold. alter any tenure by copy of court-roll, or any services Grand serjeanty.
incident thereunto; nor take away the honorary services of grand-serjeanty, other than of wardship, and other charges incident to tenure by knights-service; and other
than aide pur faire fits chevalier, and aide pur file mar6.11.
rier. And by s. 11. this act shall not infringe any title
of honour, feodal or other, by which any person may Titles of honour.
have right to sit in the lords house of parliament. This statute has therefore rendered obsolete a number of ancient statutes, which respected the several incidents of this tenure by knights-service. The fendal polity was a part of the English system of laws that was introduced iuto Ireland, in the reign of king Henry II., and which was in force at least amongst the English settlers. The great charter which was framed for Ireland, contained several provisions respecting the feodal tenures; and the statutum Hibernie de coheredibus already referred to (page #1B) is a very ancient record to prove their existence in Ireland. But these military tenures, with their slavislı
and oppressive appendages, were here also abolished by - 14 & 13 Car. 2. the 14 & 15 Car. 2. c. 19. Ir. which contains clauses c. 19. Ir.
corresponding to those of the 12 Car. 2. c. 24, sopra. § 2. . II. With respect to the tenure by copy of rourtuoll, Copyhold te- which is excepted by the 14 and 15 Car. 2. c. 19. Ir. NUIC searcely known in Tic- as well as by the 12 Car. 2. c. 24. Eng. which it follows; hand.
Dr. SulDr. Sullivan in his learned treatise on the feudal law observes," that though copyhold tenants (and tenants in an- * page 244. cient demesne) are common in England, yet there are none such in Ireland. It is very true that there is scarce any trace of this villenage tenure, whether pure or privileged, in Ireland: And I believe the manor of Kil. moon or Primate's-town, in the County of Meath, where the copy-hold tenure exists, is a single exception to the truth of the learned Doctor's observation.t
III. The relief due upon socage tenure is ascertained 63 by the 28 Edw. 1. st. 1. E. and I. which declares that a Socage ser free sokeman shall give no relief, but shall double his retief and
wardshipa rent after the death of his ancestor, according to that
28 Edw. 1. which he hath' used to pay his lord, and shall not be st. 1. 2. & L. griered above measure. As to wardship, which is another incident to tenure in socage, the 52 Hen. 3. c. 17. 52 Hen. 3.
c. 17. E. & 1. E. and I. provides, that if land holden in, socage be in the custody of the friends of the heir, because the heir is within age, the guardians shall make no waste, nor sale, nor destruction of the inheritance; but shall safely keep it to the use of the heir, so that when he cometh to his lawful age, they shall answer to him for the issues by a lawful account, saving to the guardians their reasonable costs. And the 28 Edw. I. st. 1. E. and I. further declares, that where lands in socage descend on the part of the mother, the guardianship shall belong to the next of kin upon the part of the father. But the provision of the 12 Car. 2. c. 14. Eng. and 14 and 15 Car. 2. c. 19. Ir, has been already stated, by which this guardianship in socage may be superseded by the appointment of a testamentary guardian.
* There is not at present any such thing as a copy-bold in the counties of Anglesey, Carnarvon, and Merioneth ; nor are there in Ireland any such tegures. Barrington's observations on the statutes, page 234.
Of Freehold Estates of Inheritance.
Statute de donis. The Statute Westm. 2. 13 Edw. 1. st. 1. c. 1. s. 1 & 2. 13 FJw. 1. st. 1. E. & I. "(commonly called the statute de donis conditiE. & 1. onalibus) enacts concerning lands given upon condition,
viz. where any giveth his land to a man and his wife, and to the heirs begotten of the man and his wife, with condition expressed, that if the man and his wife die without heirs of their bodies between them begotten, the land shall revert to the giver or his heir; also where one giveth lands in free marriage, which gift hath a condition annexed, though not expressed in the deed, that if the husband and wife die without heir of their bodies begotten, the land shall revert to the giver or his heir; also where one giveth land to another, and to the heirs of his body issuing; the will of the giver, according to the form in the deed of gift, shall be observed; so that they to whom the land was given under such condition, shall have no power to alien the land, but it shall remain to their issue after their death, or shall revert to the giver or his heirs, if issue fail; neither shall the second husband of any such woman have any thing in the land so given, after the death of his wife by the law of England; nor shall the issue of the second husband succeed to the inheritance; but immediately after the death of the husband and wife to whom the land was given, it shall return to their issue, or to the giver, or to his heir. And by s. 3. this manner of writ shall be granted to the party that will purchase it. Precipe A quod juste, &c. reddut E. manerium de F. cum suis pertinentiis quod C. dedit tali viro et tali mulieri, et heredibus de ipsis viro et muliere e.reuntibus : Or tbus, quod C. dedit tali viro in liberum maritagium cum tali muliere, et quod
post mortem prædictorum viri et mulieris, prædicto B. filio corundem viri et mulieris descendere debeat per formam donationis prædictæ, ut dicit, &c.: Or, quod C. dedit tali et hæredibus de corpore suo exeuntibus, et quod post mortem illius talis, prædicto B. filio prædicti talis descendere debeat per formam, &c. This statute (s. 4.) also provided that if a fine should be levied upon such lands, it should be void in law; and that neither the heirs, nor those in reversion, though of full age, within England, and out of prison, need to make their claims : but the statutes which have since directly authorized, or indirectly sanctioned, the barring of such estates tail by fine, and by a common recovery, will be stated in a subsequent chapter.
Of Freeholds not of Inheritance.
THE principle of law which restrains tenants for life froin cutting down timber, or committing other waste Tenants upon their estates, has been modified by several statutes &c., entitled to
a moiety of timpassed in Ireland for the encouragement of planting. ber trees planted
one by them. By the 9 Geo. 2. c. 7. Ir. if any person seised of an es
9 Geo. 2. c. 7. tate for life, or in tail, with a remainder over, shall plant Ir. on his said estate oak, ash, elm, fir, or other timber tree, the executors or administrators of such tenant for life, &c., shall be entitled to a moiety of such trees, except planted for ornainent or shelter in any avenue leading to the mansion hcus, or in the walks of any garden belonging to the mansion house of such tenant for life, &c.; to be recovered from the person in possession of the estate by virtue of such remainder, in manner following: (viz.) the said executors, &c., shall, within one year after