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Updated: June 4, 2025
If the ground-lord would not receive the ground-rent, the feoffee should consign it at Constantinople to the Prætorian prefect or the patriarch, in the provinces to the governor, or in his absence to the bishop of the city where the ground-lord who refused to receive it had his domicile.
These words, "in fee, with right of inheritance," leave no doubt that the great vassals of the crown were absolute proprietors, and that all their subvassals had the same right of holding in perpetuity. The estate, however, reverted to the crown if the race of the original feoffee became extinct, and in cases, also, of felony and treason.
It enacts: "That from henceforth it shall be lawful to every FREEMEN to sell, at his own pleasure, his lands and tenements, or part of them: so that the feoffee shall hold the same lands and tenements of the chief lord of the fee by such customs as his feoffee held before."
Legaspi possessed both qualities in a marked degree. Hardy adventurers were tempted there, as in America, by privileges and inducements which power afforded them; as well as by the hope, which, fortunately for the country, was never realized, of its being rich in auriferous deposits. After the death of the feoffee the grant reverted to the State; and the governor thereupon disposed of it anew.
At first it was doubted whether proof of such a secret trust ought to be allowed, even as against the heir. /1/ It was allowed, however, in the end, /2/ and then the principle of succession was extended to the assign. But it never went further. Only those who were privies in estate with the original feoffee to uses, were bound by the use.
He was in that year feoffee collector for twelve poor alms-people living in Clement-Dane's Church-Yard; whose pensions I in his absence paid weekly, to his and the parish's great satisfaction.
[The feudal "encomiendas."] The whole country at the outset was completely divided into these livings, the defraying of which formed by far the largest portion of the expenses of the kingdom. Investitures of a similar nature existed, more or less, in a territory of considerable extent, the inhabitants of which had to pay tribute to the feoffee; and this tribute had to be raised out of agricultural produce, the value of which was fixed by the feudal lord at a very low rate, but sold by him to the Chinese at a considerable profit. The feudal lords, moreover, were not satisfied with these receipts, but held the natives in a state of slavery, until forbidden by a Bull of Pope Gregory
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