The national era. [volume] (Washington [D.C.]) 1847-1860, 1853-11-17

the ancient demesne lands Of the crown" Noy,
the Attorney General Of Charles the First says,
The king may raise money and improve the
revenue of the crown by lands, as by selling
that which hath been often and usual and if
they were not Of the ancient lands for these
latter our torefathers held impious to ALLEVIATE
from the crown, and these were such lands as
go under the title of TERRA REGIS, and were
the lands Of Edward the Confessor"
The COnqueror rewarded his companions in
arms by bestowing on them estates carved out
OF the ancient folcland, and the holders of them
were known as the barons IN cdpite, because they
held directly from the king This was styled
feudal tenure Those estates were not absolute,
but conditional, being liable to forfeiture if the
owners were guilty Of acts, or omitted the per-
torrance of covenants which were specifically
enumerated. These were called in general
terms the incidents to feudal tenure, which it
falls not within our design to enumerate in de-
tail. From these two sources, then, the crown
lands retained in the hands of the sovereign,
and the feudal dues paid to the royal treasury
by those holding from the king, the ordinary
revenue was raised, thus exhibiting system
Of direct taxation.
When great emergencies arose. in which the
ordinary revenue did not suffice movable prop
erty was assessed but this was the exception
70 the rule. Thus, tenths and ffteenths were
originally those parts of personal chattes, rs
corn, cattle, and other moveables. 10 the 9Th
of Edward ILL., A. d. 1894, every district in
England was valued, and tenth and IF
teenth If the whole fixed at $4,000 which
was never varied Edward the First had OBJ
tanned from Parliament a grant of customs on
the export of wool, wool fells, and hides. There
was also the tunnage on wine, and the pound
age on the import Of goods. The subsidy was
an aid granted by Parliament on real and per-
sonal property occasionally at As in the
pound on the income from lands, and 2S Sd
upon goods but the valuation of property on
districts was so low that the rate was nearly
nominal lay subsidy contributing about
&c, 900, and clerical one 100000
The kings, however, had the power of RE-
SUMPTION, in their feudal character as lords
paramount over the whole territory, and as
trustees for the great body of the people-a
power frequently abused, and which led to
many connections between the crown and the
barons The kings could cancel grants made
in former rcigns, or even in their own reigns
and this prerogative they frequently exercised,
either to reduce the influence of such mobiles as
they deemed too wealthy or through compul-
sion of Parliament In fact, for a long period,
| all estates were held to be conditional, albeit
in certain sense hereditary and the idea at
| tached to private property was very different
from what it is in our days. So little security
existed that private contracts, marriage settle
| ments, and even sales upon valuable consd-
GRAFTON, were set aside by these acts of resump-
ton in the 33d of Henry the Sixth, and extend
cd to crown lands granted even by authority
of Parliament The historical student, who de-
sires to investigate such records at length and
infinitely, will find them in DAvEsANT's TREA-
TlsE ON assumptions
Assumptions occurred as early as the reign
of William Rufus and continued without inter-
ruption to that of Richard the First The lion
hearted monarch was as ayaricous as he was
brave and, after his second coronation SUBJ
jected all charters and patents to renewal
under the new GREAT SEAL, the old one having
been lost in his foreign expedition TO the Cru
sades he revoked all aiienatiof.s of the crown
lands made prior to his departure for the Holy
Land avowed his readiness to sell the city Of
London, could he find purchaser forbad,
the nobility from holding tournaments unless
they paid a license; and as Hamden declares
offered everything he possessed to the hghes
bidder. Rer IA eIpJSuit Uendifi0ns Omnia ga
habuit, sc'i,cet casteiia viilas Ell predia la eac
of the five reigns succeeding the conquest
which include above century, from 1887 Il
I1I9 a resumption took place In the tire,
following reigns of John, Henry the Third, anC
Edward the First reaching down to 1907
there does not appear to have been any regu
lar royal resumption. In the 18th Of this last
monarchs reign, the STATUTES OF QUo WAR
RANTo were passed by which all persons who
claimed to have quiet possession before the
reign of Richard the First, and could prove
their title by royal inquest were to be con
firmed in their title by the crown; and all who
held by charter were to have their charters
adjudged, according to their reasonable tenor
and construction. The statute in spirit
was Of a remedial character, protesting to re-
dress proved wrongs, and remove the confusion
inconvenience, and uncertainty, which had
rendered landed property unstable, through tho
| Encouragement of the weak John, and the
thoughtless prodigality of his son, who had
complained to the barOns that the royal rev
enues would scarcely afford him meat and
drink But Edward the First did not act with
good faith on this occasion he perverted the
statute issuing proclaim alton commanding all
persons who held lands of the crown to sub
NIT their titles to the judges Of the realm, his
| object being to cxtort money by harsssing the
claimants with litigation Many had lost their
title deeds as he well knew, during the wars
of Simon de Montfort Earl Of Leicester against
Henry tho Third and his obvious policy was to
e-anncx the estates to his crown lands, OF ex-
act a high price for new deeds of conveyance
II was on this memorable occasion that Earl
de Harenne made the bold and noble answer,
40 frequently quoted by historians MY an.
cestors," said the chivalrous Earl, coming in
with William the Bastard won these lands by
the sword, and by the sword will defend them
against any that will take them away for
that king did not conquer for himself alone,
neither did my ancestors Assist him for that
end" This reply paints, with a single touch
Of the pencil, the true nature of the conquest
| and OF the territorial constitution which was
established.
The clergy formed an essential part Of this
ancient aristocracy Not only did the bishops
cit in the feudal house Of lords, but also the
mitred abbots and priors They did not, how
ever, exercise any legislative power by virtue
OF their spiritual attributes, but by their baro-
NAL tenure Of land which they held from the
crown; and they were, in that capacity, ieuda-
tories Of the king, exactly in the same sense as
the temporal nobility OF this fact, striking
incident is recorded Odo, Bishop Of Bayeux,
uterine brother of the Conqueror, was by him
created Earl Of Kent, and placed in possess on
of prncely estates The bishop was Of an in
triguing temper, and always disturbed the Gov.
crnment. He was cited by the king appeared,
but refused to explain his conduct on charges
preferred against him before the Peers. For
this contumacy, William ordered him TO be
seized. "Touch me mol" said Ojo to the ad-
vancing herald 6" am consecrated priest"
Se 10 him." command you, Numbered forth
the king "seize the Earl Of Kent my ieuda-
tory but seize not the Bishop of Bayeux.
This subtle distinction was fatal to the liberty
OF Odo, who was sent to prison.
The church always pleaded its privileges,
and this led to frequent collisions between it
and the king and the barons. But the crown