LECTURE III. - Estates in expectancy-Reversions and Remainders-Legal and - Copyholds-Their history- PAGE land 34 OUR LAND LAWS. LECTURE I. Necessity of some knowledge of the history of the land laws-Manner of holding land in England before the Conquest-Effect of the Conquest on the holding of land-Introduction of the Feudal System -Fundamental principle of the land laws-Tenure-History and description of tenures-Different classes of estates: Freeholds— Copyholds-Leases for terms of years-Varieties of freehold estates Estate for life. THE LAW relating to the land of this country cannot be rightly understood without some previous knowledge of its history. It is not alone that its subtle theories, fine distinctions, restrictions, forms, and terminology cannot be made clear without some reference to their origin; but the law itself is very ancient, many of its rules having come down to us from the days when the foundations of our jurisprudence were laid. Some of the commonest every-day dealings with land derive their validity from Acts of the Parliaments of Edward I. and decisions of the Judges of Edward IV., while the modern changes in the law have touched the ancient system so lightly that an acquaintance with it is necessary before the very changes can be understood. When the bands of Teutonic invaders first settled in England, their manner of dealing with the lands they conquered was very simple. They settled on the tract which their swords had cleared of its old owners, and occupied it as their own territory or mark. A large portion was set aside for the general benefit of the little community, to be enjoyed in common, or to be let on such terms as the public voice might decide, and the remainder was allotted in separate portions to the individual conquerors; the extent of each portion being, no doubt, determined by the rank or prowess of the warrior who received it, but, at the same time, care being taken that each freeman had a share of the soil he had helped to win. As the swarms from the North grew more numerous, the quantity of land thus divided increased, until it included most of ancient England. Lands thus held by individual men were held allodially,' that is, the holder had no over-lord. In regard to his land, he knew 'no superior but God and the law.' This is the nearest approach to absolute property in land which can be found recognised in the whole. range of English jurisprudence. But all the lands which were held allodially were not acquired by so rude a form of grant. They were not all mere booty. As English society became more settled, and shires grew out of the aggregation of marks, kingdoms out of the like aggregation of shires, and finally the supremacy of Wessex became established, the land which had been reserved for the common benefit of its conquerors the folkland, as it was called-passed into the guardianship of the king and his witan. With this guardianship passed the right of giving the land grants were made by which holdings were carved out of the common land of the realm and given to individuals. From the fact that these holdings were granted by charter they were known as bookland, a term which, in contradistinction to folkland, came to be applied to all land held by an Englishman as his own. But these later gifts of bookland were not all purely allodial. The nearer we approach the Conquest the oftener we find lands granted upon condition that the grantee should perform certain services. In fact, we reach the time when the doctrine of tenures, which forms so fundamental a portion of our land laws, had its origin. By the most ancient common law of England which has come down to us, all bookland was liable to three burthens: the obligation of the owner to serve against the enemy, and to contribute to the repairs of the fortresses and bridges of the kingdom. These obligations were due altogether to the commonwealth, and were imposed by the law of the land; and Englishmen who held their lands by right of the earlier allotments or grants, held them subject to these obligations only. But the services on the performance. of which many later grants were made conditional were very different. They were personal services to the king or some great lord, not due by common law, but rendered as a return for a gift of lands. The growth of the aristocracy of thegnhood and of the custom of commendation powerfully influenced this change in the manner in which the land of England was held. Thegns were not an aristocracy of blood, like the eorls. They derived their nobility from their place amongst the personal following of the king or a great lord, an ealdorman, or bishop; and, as was natural, their services were often rewarded by grants of land conditioned on the performance of services to their lord, which, as his followers, they felt no especial burthen. Commendation was the custom which arose of every Englishman commending himself, or becoming 'the man of some greater personage than himself. The great lords commended themselves to the king, ordinary freemen to the lords, and so on; and by right of the tie thus formed the lord was bound to give protection to his man,' and the man' owed certain duties to the lord. But it must be understood that this tie was of a purely personal nature, and did not arise in any way out of the land. 6 Thus we find that immediately before the Conquest the land of this country was divided into three portions: one of which belonged to the community at large, and was enjoyed in common, although liable to be given away by the king and his witan; another portion was held by individuals as of their own absolute right, free from all obligations except those imposed on them by the common law; and the third was held by individuals subject not only to the same obligations, but to the performance of certain services to superior lords. Every man also, save the king, was bound by a personal tie to render certain services to some person above him, and in return was entitled to receive that person's protection. The Conquest made great changes in all this. The lands of Englishmen were widely confiscated by William and his immediate successors, and granted to Frenchmen. Re-grants of their own lands were made to some Englishmen as a matter of favour, and others |