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What greatly assisted them in then: designs was the fact that feudal tenures had never been general in Ireland, so that by an easy process of reasoning they could prove nineteen-twentieths of all existing titles "defective," according to their notions of the laws of property. Sir Peter Carew, already mentioned, was one of the earliest of the Undertakers.
The introduction of the feudal tenures into the kingdom of England, though ancient, is well enough understood to set this matter in a proper light. In the earlier ages of the Saxon settlement, feudal holdings were certainly altogether unknown, and very few, if any, had been introduced at the time of the Norman conquest.
The Father sends up every Post Questions relating to Marriage-Articles, Leases, and Tenures, in the Neighbourhood; all which Questions he agrees with an Attorney to answer and take care of in the Lump. He is studying the Passions themselves, when he should be inquiring into the Debates among Men which arise from them.
He marvelled what people could have been thinking about in the past to invent such precarious tenures as these; still more, what could have induced his ancestors at Hintock, and other village people, to exchange their old copyholds for life-leases.
And Mr Stewart, an extensive agent and land-valuator, declared in his examination, "that he considered improving tenants had, at the expiration of their tenures, a just claim upon the consideration of their landlords a claim," he continues, "which, in a great number of instances coming under my own observation, I never yet knew to be disregarded."
Dalrymple's Essay towards a general History of Feudal Property in Great Britain, is a brief but learned and philosophical treatise, which may be followed by Sullivan's Lectures on Feudal Law, a work copious in detail and exhibiting ably, among other topics, the influence of the feudal system upon the Modern Law of Tenures.
They contain much interesting information, and strongly impregnated as they are with Lord Coke's abundant learning and love of the law as a science and profession, they form an admirable introduction to The First Institute, or Lord Coke's Commentary upon Littleton's Tenures.
Considering each male inhabitant both as a soldier and a planter, to be provided with arms and ammunition for defence as well as with utensils for cultivation, they adopted the pernicious resolution of introducing such tenures for holding lands as were most favourable to a military establishment.
"And when the tenauntes come to pay their quarter's rent, They bring some fowle at Midsummer, a dish of fish at Lent; At Christmasse a capon, at Michaelmas a goose, And somewhat else at New Yere's-tide, for feare their leave flies loose." The reason given by Blount, in his Tenures, is considered far from satisfactory.
All tenures of land existing before the war were cancelled at a stroke, and the soil of each country was declared to be the sole and inalienable property of the State.
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