six hundred forty-five, and shall be so construed, adjudged and deemed to be from the said twenty-fourth day of February one thousand six hundred forty-five, and forever thereafter turned into free and common socage; any law, statute, custom or usage to the contrary hereof in any wise notwithstanding.

II. And that the same shall forever 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 tenure by knights-service, and of and from aide pur file marrier and aide pur fair fitz chivalier; any law, statute, usage or custom to the contrary in any wise notwithstanding: (2) And that all conveyances and devises of any manors, lands, tenements and hereditaments made since the said twenty-fourth day of February, shall be expounded to be of such effect, as if the same manors, lands, tenements and hereditaments had been then held and continued to be holden in free and common socage only; any law, statute, custom or usage to the contrary hereof in any wise notwithstanding.

III. And be it further ordained and enacted by the authority of this present parliament, That one act made in the reign of King Henry the Eighth, intituled, An act for the establishment of the court of the King's wards; and also one act of parliament made in the thirty-third year of the reign of the said King Henry the Eighth, concerning the officers of the court of wards and liveries, and every clause, article and matter in the said acts contained, shall from henceforth be repealed and utterly void.

IV. 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 gifts or grants of any manors, lands, tenements or hereditaments, of any estate of inheritance at the common law, shall be in free and common socage, and shall be adjudged to be in free and common socage only, and not by knights-service or in capite, and shall be discharged of all wardship, value and forfeiture of marriage, livery, primer-seisin, ousterlemain, aide pur faier fitz chivalier, and pur file marrier; any law, statute or reservation to the contrary thereof in any wise notwithstanding.

V. Provided nevertheless, and be it enacted, That this act, or any thing herein contained, shall not take away, nor be construed to take away, any rents certain, heriots or suits of court belonging or incident to any former tenure now taken away or altered by virtue of this

act, or other services incident or belonging to tenure in common socage, due or to grow due to the King's majesty, or mean lords, or other private person, or the fealty and distresses incident thereunto; (2) 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 socage.

VI. Provided always, 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.

VII. Provided also, and be it further enacted, That this act, or anything therein contained, shall not take away nor be construed to take away, tenures in Frank Almoign, or to subject them to any greater or other services than they now are; (2) nor to alter or change any tenure by copy of court roll, or any services incident thereunto; (3) nor to take away the honorary services of grand-sergeantry, other than of wardship, marriage and value of forfeiture of marriage, escuage, voyages royal and other charges incident to tenure by knightsservice; and other than aide pur fuier fitz chivalier and aide pur file marrier.

VIII. And be it further enacted by the authority aforesaid, That where any person hath or shall have any child or children under the age of one and twenty years, and not married at the time of his death, That it shall and may be lawful to and for the father of such 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 life-time, 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 one and twenty years, or any lesser time, to any person or persons in possession or remainder, other than popish recusants; (2) and that such disposition of the custody of such child or children made since the twenty-fourth of February one thousand six hundred forty-five, or hereafter to be made, shall be good and effectual against all and every person or persons claiming the custody or tuition of such child or children as guardian in socage or otherwise: (3) And that such person or persons, to whom the custody of such child or children hath been or

shall be so disposed or devised 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 child or children, for the recovery of such child or children; (4) and shall and may recover damages for the same in the said action, for the use and benefit of such child or children.

IX. 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 one and twenty years, or any lesser time, according to such disposition aforesaid; (2) and may bring such action or actions in relation thereunto, as by law a guardian in common socage might do.

X. Provided also, That this act or anything therein contained, shall not extend to alter or prejudice the custom of the city of London, nor of any other city or town corporate, or of the town of Berwick upon Tweed, concerning orphans; nor to discharge any apprentice from his apprenticeship.

XI. Provided also, That neither this act, nor anything therein contained, shall infringe or hurt any title of honour, feodal 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 privilege belonging to them as peers; this act, or anything therein contained to the contrary in any wise notwithstanding.

22-23 CAR. II. CAP. 9. [A.D. 1670.]

An act for laying impositions on proceedings at law.

And for prevention of trivial and vexatious suits in law, whereby many good subjects of this realm have been and are daily undone, contrary to the intention of an act made in the three and fortieth year of Queen Elizabeth, for avoiding of infinite numbers of small and trifling suits commenced in the courts at Westminster; (2) be it further enacted, for making the said law effectual, That from and after the first of May aforesaid [1680] in all actions of trespass, assault and battery, other personal actions, wherein the judge at the trial of the cause

shall not find and certify under his hand upon the back of the record, that an assault and battery was sufficiently proved by the plaintiff against the defendant, or that the freehold or title of the land mentioned in the plaintiff's declaration was chiefly in question, the plaintiff in such action, in case the jury shall find the damages to be under the value of forty shillings, shall not recover or obtain more costs of suit than the damages so found shall amount unto: (3) and if any more costs in any such action shall be awarded, the judgment shall be void, and the defendant is hereby acquitted of and from the same, and may have his action against the plaintiff for such vexatious suit, and recover his damages and costs of such his suit in any of the said courts of record.

CAP. 10.

An act for the better settling of intestates estates.

Be it enacted by the King's most excellent majesty, with the advice and consent of the lords spiritual and temporal, and the commons in this present parliament assembled, and by the authority of the same, That all ordinaries, as well the judges of the prerogative courts of Canterbury and York for the time being, as all other ordinaries and ecclesiastical judges, and every of them, having power to commit administration of the goods of persons dying intestate, shall and may upon their respective granting and committing of administration of the goods of persons dying intestate, after the first day of June one thousand six hundred seventy and one, of the respective person or persons to whom any administration is to be committed, take sufficient bonds with two or more able sureties, respect being had to the value of the estate, in the name of the ordinary, with the condition in form and manner following, mutatis mutandis, viz.,

II. The condition of this obligation is such, That if the within bounden A. B. administrator of all and singular the goods, chattels and credits of C. D. deceased, do make or cause to be made, a true and perfect inventory of all and singular the goods, chattels and credits of the said deceased, which have or shall come to the hands, possession or knowledge of him the said A. B. or into the hands and possession of any other person or persons for him, and the same so made do exhibit or cause to be exhibited into the registry of

day of

court, at or before the next ensuing; (2) and the same goods, chattels and credits, and all other the goods. chattels and credits of the said deceased at the time of his death,

day of

which at any time after shall come to the hands or possession of the said A. B. or into the hands and possession of any other person or persons for him, do well and truly administer according to law; (3) and further do make or cause to be made, a true and just account of his said administration, at or before the And all the rest and residue of the said goods, chattels and credits which shall be found remaining upon the said administrator's account, the same being first examined and allowed of by the judge or judges for the time being of the said court, shall deliver and pay unto such person or persons respectively, as the said judge or judges by his or their decree or sentence, pursuant to the true intent and meaning of this act, shall limit and appoint. (4) And if it shall hereafter appear, That any last will and testament was made by the said deceased, and the executor or executors therein named do exhibit the same into the said court, making request to have it allowed and approved accordingly, if the said A. B. within-bounden, being thereunto required, do render and deliver the said letters of administration (approbation of such testament being first had and made) in the said court; then this obligation to be void and of none effect, or else to remain in full force and virtue.

III. Which bonds are hereby declared and enacted to be good to all intents and purposes, and pleadable in any courts of justice: (2) and also that the said ordinaries and judges respectively, shall and may, and are enabled to proceed and call such administrators to account, for and touching the goods of any person dying intestate; (3) and upon hearing and due consideration thereof, to order and make just and equal distribution of what remaineth clear (after all debts, funerals and just expenses of every sort first allowed and deducted) amongst the wife and children, or childrens children, if any such be, or otherwise to the next of kindred to the dead person in equal degree, or legally representing their stocks pro suo cuique jure, according to the laws in such cases, and the rules and limitation hereafter set down; and the same distributions to decree and settle. and to compel such administrators to observe and pay the same, by the due course of his Majesty's ecclesiastical laws: (4) saving to every one, supposing him or themselves agrieved, right of appeal as was always in such cases used.

IV. Provided, That this act, or anything herein contained, shall not anyways prejudice or hinder the customs observed within the city of London or within the province of York or other places, having known and received customs peculiar to them, but that the same