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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 23   View pdf image (33K)
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LAND-HOLDER'S ASSISTANT. 23

or otherwise from his grants. This, in the origin of
the system, was in some sort the fact; for it was first
exercised on Lands acquired by conquest. The Sovereign or
General possessed of territory in this way granted large tracts of
it to his Chief Officers and other deserving followers, under
a condition of their performing certain services to or for the
grantor when required: These Officers parcelled out a part
of the Lands so acquired to their inferiours, and those in
like manner to others, with similar reservations or conditions.
When the whole of a Conquered Country came therefore to
be occupied by the Conquerors and their descendants, (for we
suppose the original people either extirpated or despoiled of
all possessions,) it is plain that the titles of all the Lands held
by individuals must be derived from the conquering King or
General: but, in regard to those Countries in which the
feudal Law was freely received and adopted, this principle was
but a fiction. The Law, itself, however, having been
received in England, this maxim, upon which the whole fabrick
rested, was necessarily recognized with it, and is now an
incontestible principle in the common Law of that Country,
being as Blackstone expresses it " the grand and fundamental
principle of all feudal tenures."

    But this System while it encreased the national strength,
being in fact, from the nature of the services required, a
general military organization, became by means of doctrines
not understood at the time of its introduction, but
imported afterwards by the Norman Lawyers, and by abuses
even of those doctrines, a source of individual hardship not
to be borne by a people above the condition of absolute slaves.
Although, therefore, the Norman Conqueror and his son
William Rufus enforced the feudal principles in their utmost
rigour, their successor Henry I. was obliged to consent to
the abolition of the greater grievances, reserving however
the grand original maxim of feudal tenure: but, the
charter granted by Henry for this purpose was soon infringed,
and the former hardships revived and augmented, until the
Barons, or principal feudatories, rose up in arms in the reign
of King John, and extorted from that monarch the famous
Magna Charta, by which some limits were set to the
complicated slavery under which all conditions of English subjects
had so long groaned. The constitution of feuds subsisted
however in considerable vigour until the reign of Charles
II. when the military tenures, with their burthensome
appendages, were abolished by Act of Parliament, and the others,
with a few particular exceptions, resolved into that of Free
and common Soccage. As the grant and settlement of
Maryland however, were prior to this amelioration, it is necessary
to take notice of what are called the ancient English tenures:





 
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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 23   View pdf image (33K)
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