clear space clear space clear space white space
A
 r c h i v e s   o f   M a r y l a n d   O n l i n e

PLEASE NOTE: The searchable text below was computer generated and may contain typographical errors. Numerical typos are particularly troubling. Click “View pdf” to see the original document.

  Maryland State Archives | Index | Help | Search
search for:
clear space
white space
Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 28   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>
clear space clear space clear space white space
28 LAND-HOLDER'S ASSISTANT.

third persons, and so on, every subdivision being still
capable of becoming a manor; but, as all manors had the
same (c) privileges, the superiour Lords found that by this
method of subinfeudation, as it is called, they lost their
feudal profits of Escheats, &c. which fell into the hands of the
mesne or middle Lords as being the immediate superiours of
the terre tenant. This gave rise to the statute Quia
Emptores
in the reign of Edward I. which directed that in all
sales or feoffments of land the purchaser should hold not of
his immediate feoffor, but of the chief Lord of the Fee, of
whom the seller himself held it. The operation of this
statute, the reader will have observed was, dispensed with in the
grant to Lord Baltimore, whose tenants it was conceded
should hold of him, and not of the crown. How far this
exemption from the statute destroyed its force beyond the
Proprietary's immediate tenants is not clearly perceived, nor
does the point appear to have been well settled in Maryland;
for, many questions arose relative to the rights of the Lords
or owners of manors in opposition to those of the
Proprietary as Chief Lord of the Fee. The practice of
subinfeudation does not seem however to have been permitted much to
Lord Baltimore's prejudice, as all fines for alienation, and
Escheats for want of heirs appear to have gone to him,
and not to the proprietors even of the most extensive manors
which he granted; but there are some instances to shew that
Escheat or forfeiture for non-payment of rent and on other
accounts, was claimed by the Lords or owners of large
manors, which as to the article of rent was perfectly fair in
respect to the Proprietary, as he received from the Lord himself
his stipulated rent for the whole manor. The example which
will presently be given of a grant of a manor will shew what
privileges he assigned expressly to his most favoured tenants,
and the rest are presumed to be reserved for his own
benefit.

    Of Escheats, which have frequently been mentioned I
shall in this place only state the original doctrine as laid down
by Blackstone, who defines it to be " the determination of
" the tenure, or dissolution of the mutual Bond between the
" Lord and tenant, from the extinction of the blood of the
" latter either by natural or civil means. " If," says this
writer, " he died without heirs of his blood, or if his blood,
" was corrupted and stained by commission of treason or
" felony; whereby every inheritable quality was entirely
" blotted out and abolished. In such cases the land escheated,
" or fell back to the Lord of the fee; that is, the tenure was

    (c) Some manors had special or extraordinary privileges, but to the
extent of the customary and established privileges the large and the small
manors were upon an equality.





 
clear space
clear space
white space

Please view image to verify text. To report an error, please contact us.
Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 28   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>


This web site is presented for reference purposes under the doctrine of fair use. When this material is used, in whole or in part, proper citation and credit must be attributed to the Maryland State Archives. PLEASE NOTE: The site may contain material from other sources which may be under copyright. Rights assessment, and full originating source citation, is the responsibility of the user.


Tell Us What You Think About the Maryland State Archives Website!



An Archives of Maryland electronic publication.
For information contact mdlegal@mdarchives.state.md.us.

©Copyright  October 12, 2023
Maryland State Archives