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lord and his tenant, shall hold place between lords of waste, woods, and pastures, and neighbours; so that the lords of such wastes, &c. may make approvement of the residue. And this shall be observed for such as claim pasture as pertaining to their hold; but if any claim pasture by special feoffiment or grant for a certain number of beasts, or otherwise than he ought to have of common right, he shall have such recovery as he ought by form of the grant made unto him. By occasion of a windmill, sheepcote, dairy, enlarging of a court or courtilage, no man shall be aggrieved by assise of novel disseisin of 29 Geo. 2. c.36. common of pasture. By the 29 Geo. 2. c. 36. Eng. and 31 Geo.2. c.41. 31 Geo. 2. c. 41. Eng. the lords of wastes and commons, Eug. with the consent of the major part, in number and value, of the commoners, may enclose any part thereof for the growth of timber and underwood, And by the 13 Geo. 3. 13Geo.3. c. 81. C. 81. Eng. three-fourths in number and value of the ocEng. cupiers of open or common field lands are empowered, with the consent of the owner, rector, and impropriator, and tithe owner, to make rules for the ordering, fencing, cultivating and improving the tillage or arable lands lying in such common fields; and the major part, &c., of the persons having right of common, may also alter the mode 41Geo.3.c.109. of depasturing common pastures. And the 41 Geo. 3. c. 109. G. B. is to be here also referred to, which is an act for consolidating in one act certain provisions usually inserted in acts of enclosure; and for facilitating the mode of proving the several facts usually required on the passing of such acts. The object of the Irish statutes 29 29 Geo.3. c.30. Geo. 3. c. 30. Ir. 31 Geo. 3. c. 38. Ir. and 36 Geq. 3. c. 50. Ir. in respect to commons, has been to protect them from encroachments and nuisances, by punishing such offences, and by the appointment of inspectors, in certain cases, to preserve them from any waste or injury.

G. B.

Lr.

31 Geo.3. c. 38. Ir.

36 Geo, 3. c.50. Ic.

Common of
Estovers.

31 Geo.3. c. 40.
Ir.

With respect to common of Estovers. This right which exists in England, of taking necessary wood for the use or furniture of a house or farm, from off another's estate, is restrained in Ireland by the 31 Geo. 3. c. 40. Ir. which enacts, that no person holding any lands by lease for one or more lives, or for years, or by will or sufferance, shall

cut

s.5.

5 Geb. 3. c. 17.

cut down, grub up, lop or top, any tree, wood, or under-
wood, growing upon such lands, under colour of estovers,
or of house-bote, plough-bote, hay-bote, cart-bote, or
other bote, or under any other pretence, unless such per-
son shall be authorized thereto, by covenant in the lease
under which said lands shall be held, or unless such per-
son shall have the consent of the owner thereof under his
hand and seal. But by s. 5. this act shall not extend to
any person who holds by virtue of a lease for lives re-
newable for ever, nor to affect any person in respect of
any trees planted and registered in pursuance of any
former law. The 5 Geo. 3. c. 17. Ir. which is one of the
acts for encouraging the planting of timber trees, provides, s. 2. Ir.
(s. 2.) that if any tenant for life or lives by settlement,
dower, curtesy, jointure, lease, or any office, civil, mi-
litary, or ecclesiastical, impeachable of waste, or any
teuant for years exceeding 12 years unexpired, shall plant
any timber trees, such tenant during the term shall be
entitled to house-bote, plough-bote, cart-bote, and car-
bote of such trees by him planted, and at the expiration
of the term to said trees or the value thereof, according
to the directions herein mentioned. But by s. 3. such
trees are required to be registered within a certain time,
and in a particular manner.*

$. 3.

appointment to,

E. & 1.

IV. Next as to offices. The 28 Edw. 1. st. 3. c. 13. E. & I. § 4. and 12 Ric. 2. c, 2. E. & I. which prohibit the corrupt ap- Offices-corrupt pointment to certain offices have been already stated, prohibited. (pages 209. & 210.) And the 2 Hen. 6. c. 10. E. & I. 2 Hen. 6, c. 10. further enacts, that all officers made by the king's letters patent within the king's courts, which have power, by virtue of their offices, to appoint clerks and ministers within such courts, shall be charged and sworn to appoint such clerks, &c. for whom they will answer at their peril, which be sufficient, faithful, and attentive, so far as belongs to such offices, to the business of the king and his people. By the 5 & 6 Edw. 6. c. 16. s. 2. Eng. if any 5 & 6 Edw. 6. person bargain or sell any office, or deputation, or any c. 16. s. 2. Eng. part of them, or receive money or other profit, or take any

promise

This statute will be more fully stated in a subsequent chapter.

s. 4.

3.

5. 7.

8. 5.

promise or assurance to have any money, or profit, for any office, &c., which office shall concern the administration or execution of justice; or the receipt, controlment, or payment, of any of the king's treasure, revenue, auditorships, or surveying of lands, or the king's customs, or any administration or necessary attendance in the custom houses; or the keeping of any of the king's fortresses; or which shall concern any clerkship in any court of record wherein justice is to be ministered; every such person shall lose all his right and estate in the office, or the gift or nomination of the office, and be adjudged a disabled person to have such office, &c. And by s. 3. all such bargains, agreements, and assurances shall be void. But by s. 4. this act shall not extend to any office whereof any person is seised of any estate of inheritance, nor to any office of parkership, or of the keeping of any park, house, manor, garden, chace or forest. Nor by s. 7. to the chief justices of K. B. and C. B. or to any justices of assize, who may do concerning offices to be granted by them, as they might have done before. And it is provided (s. 5.), that if any person offend contrary to this act, yet all acts done by such person by authority of the office or deputation, before such person be removed, shall be good. No Irish statute has prohibited the sale of offices,

Military Te

CHAP. II,

Of the Ancient and Modern English Tenures,

THE 12 Car. 2. c. 24. Eng. recites, that it hath been nures abolished, found by experience, that the courts of ward and liveries, and tenures by knight service, either of the king or

12 Car. 2. c. 24.

Eug.

others

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 for or by reason of wardships, liveries, with their ap primer seisins or ouster-le-mains shall be taken away: pendages. 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 converted -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 chevalier: 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 inheritance at the common law, shall be in free and common socage only, and not by knights-service, or in capite,

and

The 14 and 15 Car. 2. c, 19, Ir. has relation to the 23d October, 1641, the period of the Irish rebellion,

S. 2

3.4%

8. 5.

Heriots, &c. reserved.

3.6.

Fines in particular manorS.

s. 7.

Frank-almoign.
Copy-hold.

Grand serjeanty.

and shall be discharged of all wardship, value and forfeiture of marriage, livery, primer seisin, ouster-le-main, aide pur faire fits chevalier, and pur file marrier. But by s. 5. this act shall not take away any rents certain, heriots, or suits of court, incident to any former tenure 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 common socage And by s. 6. any thing herein shall not take away any fines for alienation due by particular customs of particular manors and places, other than fines for alienation of lands holden immediately of the king in capite. By s. 7. this act shall not take away tenures in frank-almoign, or subject them to greater services; nor alter any tenure by copy of court-roll, or any services 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 fitz chevalier, and aide pur file marrier. And by s. 11. this act shall not infringe any title of honour, feodal or other, by which any person may 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 feodal polity was a part of the English system of laws that was introduced into 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 Hiberniæ de cohæredibus already referred to (page 418) is a very ancient record to prove their existence in Ireland. But these military tenures, with their slavish and oppressive appendages, were here also abolished by 14 & 13 Car. 2. the 14 & 15 Car. 2. c. 19. Ir. which contains clauses corresponding to those of the 12 Car. 2. c. 24. supra.

8.11.

Titles of honour.

c. 19. Ir.

$ 2. Copyhold te

mure scarcely known in Ireland.

II. With respect to the tenure by copy of court-roll, which is excepted by the 14 and 15 Car. 2. c. 19. Ir.

as well as by the 12 Car. 2. c. 24. Eng, which it follows;

Dr. Sul

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