CHAPTER THE FIFTH.

[or m mum ENGLISH moans... ‘

INthis chapter we shall take a shortviewofthe anal:

tenuresofour English estates, or the manner in!“
lands tenements, and hereditaments, might hsveheen holds,
asthesame stood in force, till the middle ofthe lsstoentury.
' In which we shall easily perceive that all the particularitiu, ‘
Illthe seemingsndrealhsrdships, that sttendedthoss
tenures, wereto beaecountedfornponfeodslprinn'plu
ondno other; being fruits of, anddeduced from, the {nodal
policy-
Anson-ell the real propertyot'this kingdom is," by“
policy of our laws, supposed to be granted by, depudlit
upon, and bolden of, some superior lord, by end in cm-
sideration ofoertsin services to be rendered to the lord by
‘the tenant or possessor of this property. The thing holder: 1
isthereforestiledsteuemr, the possessor- thereof Monk,
and the manner of their possession a tenure. Thus all th.
land in the kingdom is supposed to be holden, mediately or
immediately, of the king, who is stiled the lord W, or
above all. Such tenants as held under the king immediately,
when they granted out portions of their lands to in“
persons, became also lords with respect to those inflict
persons, as they were still tenants with respect to the king;
and, thus partaking of a middle nature, were called meme, 8'
middle, lords. So that if the king granted 3 manor to A,
andhegrsntedsportionofthe lend to B, nownslfi
[so] afieldofhsnditofthe Easter in_otherwords.._B<h§4
‘hiMWydAhflMd-thh 4
 what hap-
luauntsndlurd, orwssumesne lord: and B. was called pens if we
tmtbelowestteusnt; beinghewhowu
to make avail, or profit of the land '. In this m- exit the
ner small the lands of the kingdom holden, which min the laws of
hands of subjects: for, according to Sir Edward Coke”, England?
inthe lswol' England, we have not properly allodiwu; which, What if
we here seen‘, is the name by which the feudists shroud we are no
dininglflshsncheststesofthesubject, as are not holdeuof longer
.ysuperior. Sothetatthe first glsneewe msyobserve, subjects?
flit ourlundssreeitherphinlyfiudsorpertskevily
“glyofthefeodslmmre. ’

, Au. tenmes being thus derived, or supposed tobe derived,

hum the king, those that held immediatelyunder him, in.
‘rightol'hiserown and dignity, were called his tenenh is
'e, or in chief; which was the most honourable species
wnmbntetthesemetimesubjectedthe tenants to
m and more butthensome services, than inferior tenures
did‘. Thisdhtinctionranthrough all the difi'erentmfl'
mafwhiehlnow proceedtogiveansecount.

- 1. Trans seem to have subsisted among our ancestors

hr principal spedes of lay tenures, to which all others ufiy
be reduced: thegrsnd criterisof whichwere the unnamed
the several services or renders, that were due to the lords
film! their tenants. The services, in respect of their quality,
were either-five or base services; in respect of their quantify ’
and the time of exacting them, were either certain or W'
“in. Wmioeswere such sswere not unlneoming‘the '
. Mofasoldierora freeman to perform; as to serve
slides-his lord in the wars,‘to pay a sum of money, and the
like. Bare services were such as were fit only for pessrms'
{621
«upersousofoservilerank; as to plough thelord’s lendfln‘
upkehishedgmtoeurryouthisdung, or other mean an-
.ploymts. Them-tainsenioes, whetherfmeorbese, were
Isl-use. mmwmadqhmbma-Z
-‘Co.lin.t. Myhomthempmqmesflndth‘
_;!_

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