22. What are rents of assise ?—42.

Rents of assise are the certain established rents of the freeholders and ancient copyholders of a manor, which cannot be departed from or varied.

23. What are chief-rents ?-42.

Those of the freeholders are frequently called chief-rents,. reditus capitales.

24. What are quit-rents ?-42.

Both those of freeholders and ancient copyholders are indifferently denominated quit-rents, quieti reditus, because thereby the tenant goes quit and free of all services.

25. When quit-rents were reserved in silver, or white money, what were they called?-42.

They were anciently called white rents, or blanch farms, reditus albi; in contradistinction to rents reserved in work, grain, or baser money, which were called reditus nigri, or black mail.

26. What is rack-rent?-43.

Rack-rent is only a rent of the full value of the tenement, or near it.

27. What is fee-farm rent ?—43.

It is a rent charge issuing out of an estate in fee, of at least one-fourth of the value of the lands, at the time of its reservation.

28. When and where is rent regularly due and payable ?—43.

It is regularly due and payable upon the land from whence it issues, if no particular place is mentioned in the reservation; but in case of the king, the payment must be either to his officers at the exchequer, or to his receiver in the country, and strictly, the rent is demandable and payable before the time of sunset of the day whereon it is reserved; though perhaps not absolutely due till midnight.

CHAPTER IV.

OF THE FEODAL SYSTEM.

1. What is the origin of the constitution of feuds ?—45.

It had its origin from the military policy of the northern or Celtic nations, the Goths, the Huns, the Franks, the Vandals, and the Lombards. It was brought by them from their own countries, at the declension of the Roman empire.

2. What were feuds ?-45.

Large districts or parcels of land were allotted by the conquering general to the superior officers of the army, and by them dealt out again in smaller parcels, allotments, to the inferior officers and most deserving soldiers. These allotments were called feoda, feuds, fiefs, or fees; which last appellation signifies a conditional stipend or reward.

3. What condition was annexed to them?-45.

That the possessor should do service faithfully, both at home and in the wars, to him by whom they were given; for which purpose he took the juramentum fidelitatis, or oath of fealty.

4. At about what time was the feodal polity received in England?

-48.

Not universally and as a part of the national constitution, till the reign of William the Norman.

5. What is the feodal acceptation of the word conquest ?-48. It signifies no more than acquisition.

6. What fundamental maxim of English tenures resulted from the reception in England of the feodal polity?—51.

That the king is the universal lord and original proprietor of all the lands in his kingdom; and that no man doth, or can, possess any part of it, but what has mediately or immediately been derived as a gift from him, to be held upon feodal services.

7. How was the feodal system affected by the charter of King Henry the First ?-52.

He gave up the greater grievances, but still reserved the fiction of feodal tenure, for the same military purposes which engaged his father to introduce it.

8. What were the grantor and grantee of a feud respectively styled?-53.

The grantor was called the proprietor, or lord; the grantee was styled the feudatory, or vassal, which was only another name for the tenant or holder of the lands.

9. What was the manner of granting a feud?—53.

The manner of the grant was by words of gratuitous and pure donation, dedi et concessi. This was perfected by the ceremony of corporeal investiture, or open and notorious delivery of possession in the presence of the other vassals.

10. What were the oaths of fealty, and homage?—53, 54.

The oath of fealty, was the parent of the oath of allegiance, or profession of faith to the lord. The vassal or tenant, upon investiture, usually did homage to his lord; openly and humbly kneeling, being ungirt, uncovered, and holding up his hands both together between those of the lord, who sat before him; and there professing that "he did become his man, from that day forth, of life and limb and earthly honor ;" and then he received a kiss from his lord.

11. What was the nature of the service of the vassal?—54.

This, in pure, proper, and original feuds, was only two-fold: To follow, or do suit to, the lord in his courts in time of peace; and in his armies or warlike retinue, when necessity called him to the field.

12. Why were the feudatories called pares curtis?—-54.

The lord was, in early times, the legislator and judge over all his feudatories; and, therefore, the vassals of the inferior lords were bound, by their fealty, to attend their domestic courts baron, in order as well to answer such complaints as might be

alleged against themselves, as to form a jury or homage for the trial of their fellow-tenants; and upon this account, in the feudal institutions they are distinguished by the appellation of peers of the court; pares curtis, or pares curiæ.

13. Were feuds hereditary ?-55, 56.

They were not yet hereditary, though frequently granted, by the favor of the lord, to the children of the former possessor; till in process of time it became unusual, and was therefore thought hard to reject the heir, if he were capable to perform the services. Infants, women, and professed monks, who were incapable of bearing arms, were also incapable of succeeding to a genuine feud.

14. What was the mode of descent of feuds ?—56.

They came by degrees to be universally extended, beyond the life of the first vassal, to his sons, who succeeded him in equal portions; and, as they died off, their shares reverted to the lord. But, when such a feud was given to a man and his heirs, in general terms, then, upon the death of the feudatory, his male descendants in infinitum were admitted to the succession.

15. Why could neither the lord nor vassal alien his estate without the consent of the other?-57.

Because the feudal obligation was looked upon as reciprocal.

16. What were improper feuds ?—59.

The feudatories frequently found it necessary to commit part of their lands to inferior tenants, obliging them to returns in service, corn, cattle, or money; which returns were the original of rents. This demolished the ancient simplicity of feuds. In course of time they were subjected to greater innovations; they began to be bought and sold. Improper or derivative feuds comprised all such as were not genuine or original feuds; which latter were all of a military nature, and in the hands of military persons.

CHAPTER V.

OF THE ANCIENT ENGLISH TENURES.

1. Why are the terms tenement, tenant, and tenure, so generally used?-59.

Almost all the real property of England is, by the policy of her laws, supposed to be granted by, dependent upon, or holden of, some superior lord. The thing holden is styled a tenement, the possessors thereof tenants, and the manner of their possession a tenure.

2. Who is the lord paramount, or above all?-60.

The King is so styled.

3. Who were tenants paravail ?—60.

Such tenants as held under the king immediately, when they granted out portions of their lands to inferior persons, became also lords with respect to those inferior persons, as they were still tenants with respect to the king; and, thus partaking of a middle nature, were called mesne, or middle lords. The lowest tenant, he who was supposed to make avail or profit of the land, was called tenant paravail.

4. Who were called tenants in capite?—60.

Those who held their lands immediately under the king.

5. What were the natures of the several services, or renders, that were due to the lords from their tenants?—60.

In respect of quality, they were either free or base services; in respect of their quantity and the time of exacting them, they were either certain or uncertain.

6. What were free services?-60.

Such as were not unbecoming the character of a soldier er a freeman to perform; as, to serve under his lord in the wars, to pay a sum of money and the like.