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14 & 15 Charles II, 1662, Chapter 19:
An Act for taking away the Court of Wards and Liveries, and Tenures in capite, and by Knights Service
(Transcribed by Derek Howard from "The statutes at large, passed in the parliaments held in Ireland: from the third year of Edward the Second, A.D. 1310 to the twenty sixth year of George the Third, A.D. 1786 inclusive" - also known as "Irish Statutes", Dublin, 1786 edition, vol. 2, pages 515-21).
Permission is hereby granted to reproduce subject only to due acknowledgement of this source and transcriber.
Whereas it hath been found by former experience, That the court of wards and liveries, and tenures by knights service, either of the King or otherwise, or by knights service in capite, or soccage in capite of the King, and the consequences of the same been much more burthensome, grievous and prejudicial to this kingdom, than they have been beneficial to the King; be it therefore enacted by the King our Sovereign Lord, with the assent of the lords spiritual and temporal and commons in this present Parliament assembled, and by the authority of the same, and it is hereby enacted, that the court of wards and liveries, and all wardships, liveries primer-seizins, and ousterlemains, values and forfeitures of marriage by reason of any tenures of the King's Majesty, or of any other by knights service, and all mean rates, and all other gifts, grants, charges, incident or arising for or by reason of wardships, liveries, primer-seizins, or ousterlemains, be taken away and discharged, and are hereby enacted to be taken away and discharged from the three and twentieth day of October, one thousand six hundred forty one; any law, statute, custome or usage to the contrary hereof in any wise not withstanding.
II. And that all fines for alienation, seizures and pardons for alienation, tenures by homage, and all charges incident or arising for or by reason of warship, livery, primer-seizin, or ousterlemain, or tenure by knights service, escuage, and also aid pur fitz marrier, and pur fair fitz chevalier, and all other charges incident thereunto, be likewise taken away and discharged from the said three and twentieth day of October one thousand six hundred forty one; any law, statute, custome or usage to the contrary hereof in any wise notwithstanding.
III. And that all tenures by knights service of the King, or of any other person, and by knights service in capite, and by soccage in capite of the King, and the fruits and consequence thereof happened, or which shall or may happen or arise thereupon or thereby, be taken away or discharged; any law statute, custome or usage to the contrary hereof in any wise notwithstanding.
IV. And all tenures of any honours, manors, lands, tenements, or hereditaments, or any estate or inheritance at the common law, held either of the King, or of any other person or persons, bodies politick or corporate, are hereby enacted to be turned into free and common soccage to all intents and purposes, from the three and twentieth day of October one thousand six hundred forty one, and shall be so construed and adjudged, and deemed to be from the said three and twentieth day of October one thousand six hundred forty one, and for ever hereafter turned into free and common soccage; any law, statute, custome or usage to the contrary hereof in any wise notwithstanding.
V. And that the same shall for ever hereafter stand and be discharged of all tenure by homage, escuage, voyages royal, and charges for the same, wardships incident to tenure by knights service, and values and forfeitures of marriage, and all other charges incident to tenures by knights service, and of and from aide pur fitz marrier, and aide pur fair fitz chivalier; any law, statute, usage or custome to the contrary in any wise notwithstanding.
VI. And be it further enacted by the authority aforesaid, That where any person or persons hath, or shall have, any child or children, under the age of twenty one years, and not married at the time of his death, that it shall and may be lawful to and for the father of such a child or children, whether born at the time of the decease of the father, or at that time in ventre sa mere, or whether such father be within the age of one and twenty years, or of full age, by his deed executed in his lifetime, or by his last will and testament in writing, in the presence of two or more credible witnesses, in such manner, and from time to time, as he shall respectively think fit, to dispose of the custody and tuition of such child or children, for and during such time as he or they shall respectively remain under the age of twenty one years, or any lesser time, to any person or persons in possession or remainder, other than persons not of the communion of the church of England, as aforesaid; and that such disposition of the custody of such child or children, made since the three and twentieth day of October one thousand six hundred forty one, or hereafter to be made, shall be good and effectual against all and every person and persons claiming the custody and tuition or such child or children as guardian in soccage, or otherwise; and that such person or persons, to whom such custody of such child or children hath been or shall be disposed or devised as aforesaid, shall and may maintain an action of ravishment of ward or trespass against any person or persons which shall be wrongfully take away or detain such child, for the recovery of such child or children, and shall and may recover damages for the same in the said action, for the use and benefit of such child or children.
VII. And be it further enacted, That such person or persons, to whom the custody of such child or children, hath been or shall be so disposed or devised, shall and may take into his or their custody to the use of such child or children, the profits of all lands, tenements and hereditaments of such child or children, and also the custody, tuition and management of the goods, chattels and personal estate of such child or children, till their respective age of twenty one years, or any lesser time, according to such disposition aforesaid, and may bring such action or actions in relation thereunto, as by law a guardian in soccage might do.
VIII. And be it further enacted by the authority aforesaid, That all tenures hereafter to be created by the King's Majesty, his heirs or successors, upon any gift or grant of any manors, lands, tenements or hereditaments of any estate of inheritance at the common law, shall be adjudged to be in free and common soccage only, and not by knights service or in capite, and shall be discharged of all wardships, value and forfeiture of marriage, livery, primer seizen, ousterlemain, aide pur fair fitz chevalier, aide pur fitz marrier; any law, statute, or reservation to the contrary thereof in any wise notwithstanding.
IX. Provided nevertheless and be it enacted, That this act, or any thing herein contained, shall not take away, or be construed to take away, any rents, certain heriots, or fruits of court belonging or incident to any former tenure now taken away or altered by virtue of this act, or other service incident or belonging to tenure in common soccage, due or to grow to the King's Majesty, or mean lords, or other private person or the fealty and distress incident thereunto, and that such relief shall be paid in respect of such rents as is paid in case of a death of a tenant in common soccage.
X. Provided also, and be it enacted, That any thing herein contained shall not take away nor be construed to take away any fines for alienation due by particular customs of particular manors and places, other than fines for alienations of lands or tenements holden immediately of the King in capite or knights service.
XI. Provided also, and be it further enacted, That this act, or any thing herein contained, shall not take away, or be construed to take away, tenures in frank-almoine, or to subject them to any greater or other services than they now are, nor to alter or change any tenure by copy of court-roll, or any services incident thereunto; nor to take away the honorary services of grand serjeantry, other than wardship, marriage, and value of forfeiture of marriage, escuages, voyages royal, or other charge incident to tenure by knight service, and other than aide pur fair fitz chevalier and aide pur fitz marrier.
XII. Provided also, that this act, or any thing therein contained shall not extend to discharge any apprentice of his apprenticeship.
XIII. Provided also, that neither this act, nor any thing therein contained, shall infringe or hurt any title of honour, foedal or other, by which any person hath or may have right to sit in the lords house of Parliament, as to his or their title of honour or sitting in Parliament, and the privileges belonging to them as peers; this act or any thing therein contained to the contrary in any wise notwithstanding.
XIV. Provided also, and it is hereby further enacted, for the better educating and bringing up of the heirs of such persons in this realm, who, having not been of the communion of the church of England, are dead, or hereafter shall die, their said heirs being under age, that where any person not being of the communion of the church of England, that is to say, frequenting divine service, and not receiving the sacraments according to the form prescribed by the Church of England as aforesaid, is or shall be dead, seized of an estate in any lands, tenements or hereditaments, for which his heir or heirs should have been in ward in this act had not been made, his heir or heirs being under the age of twenty one years at the time of the passing of this act; and also whensoever any person not being of the communion of the Church of England as aforesaid, shall hereafter happen to die seized of such estate in any lands, tenements or hereditaments, for which his heir or heirs should have been in ward if this act had not been made, his heir or heirs being under the age of twenty one years at the time of the death of such ancestor; that in such case it shall and may be lawful to ad for the lord chancellor of Ireland for the time being, the two chief justices of either bench in this realm, and the chief baron of his Majesties exchequer of this realm for the time being, the master of the rolls, and chancellor of his Majesties exchequer for the time being, or any three or more of them, after inquisition duely found, and returned into the chancery of this kingdom, of the death of such person or persons not of the communion of the church of England as aforesaid, and of his heir or heirs being so under age, in such manner as they shall think fit, from time to time to dispose of the custody and tuition of such heir or heirs for and during such time as he or they shall respectively remain under the age of twenty one years, or any lesser time, to any person or persons next of kin to the heir, and to whom the estate cannot by law descend, such person being of the communion of the Church of England: and to the intent and purpose that such heir or heirs may be educated and brought up in the protestant religion, and estates preserved, such person or persons, to whom the tuition and custody of such heir and heirs shall be committed, shall first enter into recognizance to the use of the said heir, with good sureties before the said lord chancellor, the said two chief justices chief baron, master of the rolls, and chancellor of the exchequer, or any three or more of them as aforesaid (which recognizance they are hereby authorised to take accordingly) with condition for the educating and bringing up of the said heir or heirs in the protestant religion, according to the communion of the Church of England, and for the management and disposal of the estates of such heir and heirs to his and their use and best advantage, and for the rendering a just account of the profits of such estates to such heir and heirs when he or they shall come to full age, and for the not committing any waste thereupon: and that such disposition so to be made of the custody of such heir or heirs shall be good and effectual against all and every person or persons claiming the custody or tuition of such heir or heirs, as guardian in soccage or otherwise; and that such persons, to whom the custody of such heir or heirs shall be disposed as aforesaid, shall and may maintain an action of ravishment of ward or trespass against any person or persons which shall wrongfully take away or detain such heir or heirs, for the recoveries of such heir or heirs, and shall and may recover damages for the same in the said action, for the use and benefit of such heir or heirs.
XV. And be it further enacted, that such person or persons, to whom the custody of such heir or heirs shall be so disposed, shall and may take into his or their custody, to the use of such heir or heirs, the profits of all such lands, tenements and hereditaments of such heir and heirs, and also the custody, tuition and management of the goods, chattels and personal estate of such heir and heirs, till the respective age of one and twenty years, or any lesser time, according to such disposition aforesaid, and may bring such action or actions in relation thereunto, as by law a guardian in common soccage might do.
XVI. Also it is hereby enacted and declared by the authority aforesaid, that if such person or persons, to whom such grant or grants shall be made of the custody of such child or children, shall die before he hath yielded an accompt unto the said heir or heirs, of the full profits of such lands, tenements and hereditaments, defalking all necessary and just charges; that then the heirs, executors or administrators of such guardian shall be liable and yield a full accompt unto the said heir, his executors and administrators, of all such profits, goods and chattels real and personal, so received by the said guardian for the benefit and advantage of the said heirs, defalking all necessary and just charges as aforesaid, so far as they shall have assets to them descended and come from the said guardian, or in his right, at the time of demand of satisfaction for the same; and if the said child or children shall die before he or they shall attain to his or their age of twenty one years as aforesaid, that then it shall and may be lawful to and for the executors or administrator of such child or children to call the person or persons so trusted for the benefit of him or them , and his or their heirs, executors or administrators, to account for the same, and to receive such benefit thereby as the executors or defunct might have done.
XVII. And be it further enacted by the authority aforesaid, that the sum of ten thousand pounds be raised out of the several counties, cities, towns and corporacions of this kingdom, before the twenty third of October, in the year one thousand six hundred and sixty two, according to such proportion and in such way, and by such means as the lord lieutenant, lords justices, or other chief governor or governors of this kingdom, and six or more of his Majesties privy council of this kingdom, shall set down and appoint, which by this act they are authorised to do; which said sum of ten thousand pounds, so as aforesaid to be raised, shall be paid, divided and distributed, unto colonel Thomas Piggott, his Majesties present master of his court of wards in this kingdom, and to and amongst the rest of the officers of that court judicial and ministerial, in such manner, and according to such proportions, as the lord lieutenant or other chief governor or governours of Ireland for the time being, or any six or more of his Majesties privy council of Ireland for the time being, shall think fit, and shall be unto them as a full recompence and compensation for their several and respective offices they now hold in the said court.
XVIII. Provided always, that nothing in this act contained shall extend to intitle any person, the tenure of whose lands by this act are altered, to demand of the King's Majesty any satisfaction for the rents, issues, or profits of his lands, or the value of his marriage, which hath been already received by or answered unto the King's Majesty or his royal Father, nor to make any person or persons to whom any wardships or custodies of bodies or lands have been given, granted or disposed, or the executors or administrators of any such person or persons liable to any accompt, or any other suit of processe for touching or concerning the value of any marriage, or the profits of any lands by the m received, otherwise or in any other manner than they ought to have been before the making of this act; any thing herein before contained to the contrary notwithstanding.
XIX. Provided also, that no last will or testament, whereby any lands or tenements have before the making of this act been given or devised, shall be of any greater or other force of effect than the same would have been, if this act had not been made; any thing before contained to the contrary notwithstanding.
XX. Provided always, and be it further enacted, That neither this act, nor any thing therein contained, shall extend any benefit, advantage or favour, unto Sir Arthur Chichester, knight, and dame Jane Chichester, alias Itchingham, his wife, or either of them, until that they have made such agreement with, and given such satisfaction to Robert Boyle, esq; for the value of the marriage of the said Jane Itchingham, as also for the past profits of the said estate, as the lord lieutenant or other chief governor or governors of Ireland for the time being shall think fit to determine; and that no matter, sentence, clause or thing in this act contained, shall prejudice the right, title or interest of the said Robert Boyle unto the wardship of the body or lands of the said dame Jane Chichester, alias Itchingham, value of marriage, or mean profits of the said estate, or arrears of the same, but that the same shall remain to all intents and purposes as if this act had never been made.
XXI. Provided always, and be it further enacted, That neither this act, nor any thing therein contained, shall extend to give any benefit, advantage or favour to Sir Richard Parsons baronet, son and heir to Sir William Parsons, late of Bellamount in the county of Dublin, deceased, until he hath made such agreement with, and given such satisfaction to Daniel O Neale, esq; one of the grooms of his Majesties bed-chamber, for the value of the marriage and mean profits of the estate of the said Sir Richard Parsons, as the lord lieutenant, or other chief governour of Ireland for the tile being, shall think fit.
XXII. And it is hereby further enacted, That the wardships of the body and lands of the said Sir Richard Parsons, and also the mean profits of the estate of the said Richards Parsons, together with the value of the marriage of the said Sir Richard Parsons, which were granted, or intended to be granted to the said Daniel O Neal, by his Majesties letters patents under the great seal of England, bearing date the first day of December, in the twelfth year of his Majesties reign, shall be and are hereby given, granted and confirmed unto the said Daniel O Neal, subject nevertheless to such agreement and satisfaction as aforesaid; any thing herein before contained to the contrary notwithstanding.