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And would you have us now yield up our rights, privileges, and immunities, our outfang and infang, our handhaband, our back bearand, and our blood suits, and amerciaments, escheats, and commodities, and suffer an honest burgess's house to be assaulted without seeking for redress? No, brave citizens, craftsmen, and burgesses, the Tay shall flow back to Dunkeld before we submit to such injustice!"
For their tenure was liable to homage and fealty, as understood in the feudal sense, to wardships and impediments to marriage, to fines for alienations, to what English legists call primer seizins, rents, reliefs, escheats, and, finally, forfeitures; this last was at all times more strictly observed in England than in any other feudal country, and by its enactments so many noble families have, in the course of ages, been reduced to beggary, and their chiefs often brought to the block.
The second brochure, embracing 120 pages, bears the title: Final notes on Witchcraft in Massachusetts and is a vindication of the laws and liberties concerning attainders with corruptions of Blood, Escheats, forfeitures for crime and pardon of offenders, etc. This is the fifth pamphlet which Dr. Moore has issued on the subject of Witchcraft in Massachusetts, and it concludes the series.
But, in the complicated state of society brought about by feudalism, the inferior lord was taxed by his superior, a system that ran down the whole feudal scale, and it would take a lawyer to explain aids, talliages, wardships, fines for alienation, seizins, rents, escheats, and finally forfeiture, the heaviest and most common of all in England.
And this Indenture further witnesseth, That for the more effectually carrying of the said covenant into execution, the said Walter Shandy, merchant, doth hereby grant, bargain, sell, release, and confirm unto the said John Dixon, and James Turner, Esqrs. their heirs, executors, and assigns, in their actual possession now being, by virtue of an indenture of bargain and sale for a year to them the said John Dixon, and James Turner, Esqrs. by him the said Walter Shandy, merchant, thereof made; which said bargain and sale for a year, bears date the day next before the date of these presents, and by force and virtue of the statute for transferring of uses into possession, All that the manor and lordship of Shandy, in the county of..., with all the rights, members, and appurtenances thereof; and all and every the messuages, houses, buildings, barns, stables, orchards, gardens, backsides, tofts, crofts, garths, cottages, lands, meadows, feedings, pastures, marshes, commons, woods, underwoods, drains, fisheries, waters, and water-courses; together with all rents, reversions, services, annuities, fee-farms, knights fees, views of frankpledge, escheats, reliefs, mines, quarries, goods and chattels of felons and fugitives, felons of themselves, and put in exigent, deodands, free warrens, and all other royalties and seigniories, rights and jurisdictions, privileges and hereditaments whatsoever.
A title for these lands may be procured sooner than for such as have been already granted, such as Gage, Conway, etc., which must be obtained by a regular process in the court of Escheats. The lands on the river St. John are also sufficiently near the cod fishery in Fundy Bay, and perfectly secure against the Indians and Americans.
The increasing population of their territories, the different imposts which they extorted from natives and foreigners under the various titles of tolls, customs, highway rates, escort money, bridge tolls, market fees, escheats, and so forth, were too valuable considerations to allow them to remain indifferent to the sources from which they were derived.. Their own rapacity made them promoters of trade, and, as often happens, barbarism itself rudely nursed it, until at last a healthier policy assumed its place.
It may have existed long before that date, but it is significant that in the Escheats of Edward III., and as late as the twenty-fourth year of his reign that is, after the middle of the fourteenth century it is mentioned that the bridge existed since the reign of Henry III., which would convey the impression that in 1262 the bridge had first needed repairing, being built, perhaps, in the earlier years of the reign and completed, possibly, but a little after the death of King John.
They were to pocket all escheats, quit rents, and duties belonging to the Crown; they had the power to create new counties and parishes, to issue patents for land; they could appoint sheriffs, surveyors, and other officers, and induct ministers. The Assembly complained that this nullified all previous charters and promises and made the people subjects to their fellow subjects.
The increasing population of their territories, the different imposts which they extorted from natives and foreigners under the various titles of tolls, customs, highway rates, escort money, bridge tolls, market fees, escheats, and so forth, were too valuable considerations to allow them to remain indifferent to the sources from which they were derived.. Their own rapacity made them promoters of trade, and, as often happens, barbarism itself rudely nursed it, until at last a healthier policy assumed its place.
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