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Updated: May 11, 2025
The traditional communal system of land-holding was established as the legal basis for the new nation. The land of Israel was nationalized, and its title vested in God, from whom individuals received the right of limited usufruct. It could not be sold outright. No man could gain a fee-simple proprietorship.
As for the German princes, they would come greedily into the arrangement, as the league, rich in the spoils of the Austrian house, would have Hungary, Bohemia, Silesia, Moravia, the archduchies, and other splendid provinces to divide among them. The pope would be bought up by a present, in fee-simple, of Naples, and other comfortable bits of property, of which he was now only feudal lord.
Besides, to content him entirely, here are seven hundred thousand and three Philips, which I deliver to him, and, for the losses he may pretend to have sustained, I resign for ever the farm of the Pomardiere, to be possessed in fee-simple by him and his for ever, without the payment of any duty, or acknowledgement of homage, fealty, fine, or service whatsoever, and here is the tenour of the deed.
Now, chancing to meet your lawyer, Mr. Vining, the other day, I learned from him that it had been long a wish which your delicacy prevented your naming to me, that I, to whom the fee-simple descends, should join with you in cutting off the entail and resettling the estate.
The principle, then, of the common law, was, that every freeman, or freeborn male Englishman, of adult age, &c;., was eligible to sit in juries, by virtue of his civil freedom, or his being a member of the state, or body politic. Rut the principle of the present English statutes is, that a man shall have a right to sit in juries because he owns lands in fee-simple.
A younger brother, by turning Protestant, might deprive his elder brother of his birthright; by the same process he might force his father, under the name of a liberal provision, to yield up to him a part of his landed property; and, if an eldest son, he might, in the same way, reduce his father's fee-simple to a life-estate.
Gradually the farm became his fee-simple, and the farmhouse expanded into a villa. Wealth and honours flowed in from a brimmed horn. The surliest man in the town would have been ashamed of saying a rude thing to Jos. Hartopp. If he spoke in public, though he hummed and hawed lamentably, no one was so respectfully listened to.
At the end of the five years the selector may pay in a lump sum the second moiety of rent, making the total 2 shillings 6 pence per acre, and he is thereupon entitled to the issue of a deed of grant of the land in fee-simple. Otherwise payments may extend over the term of ten years, when the land becomes freehold.
What were his inward feelings, is uncertain at this distance Fear seems to have prevented him from acknowledging Birmingham for his property. Though he exercised every act of ownership, yet he suffered the fee-simple to rest in the crown, 'till nine years had elapsed, and those clamours subsided, before he ventured to accept the grant, in 1546.
Individual ownership, with the right to sell and convey in fee-simple to any other person, was entirely unknown among them. It required the experience and development of the two succeeding ethnical periods to bring mankind to such a knowledge of property in land as its individual ownership with the power of alienation in fee-simple implies.
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