Bocland and

folcland.

of suspicious repute, have to give securities
for their future behaviour.

(d) In the reign of Edgar, we catch sight of
the first general law, placing every man in
the condition of the guilty, and compelling
him to find a surety responsible for his
appearance when judicially summoned.
(e) Lastly, the laws of Canute declare the neces-
sity of belonging to some tything, as well
as of providing sureties.

Lands are commonly supposed to have been divided among the Anglo-Saxons into bocland and folcland. The nature of both tenures has been perspicuously illustrated by Mr. Allen in his Inquiry into the Rise and Growth of the Royal Prerogative. "The distribution of landed property in England by the Anglo-Saxons appears to have been regulated on the same principle that directed their brethren on the continent. Part of the lands they acquired was converted into estates of inheritance for individuals; part remained the property of the public, and was left at the disposal of the state. The former was called bocland; the latter I apprehend to have been that description of landed property which was known by the name of folcland. Folcland, as the word imports, was the land of the folk or people. It was the property of the community. It might be occupied in common, or possessed in severalty; and, in the latter case, it was probably

parcelled out to individuals in the folcgemot, or court of the district, and the grant attested by the freemen who were then present. But while it continued to be folcland, it could not be alienated in perpetuity; and, therefore, on the expiration of the term for which it had been granted, it reverted to the community, and was again distributed by the same authority. Bocland was held by book or charter. It was land that had been severed by an act of government from the folcland, and converted into an estate of perpetual inheritance. It might belong to the church, to the king, or to a subject. It might be alienable and devisable at the will of the proprietor. It might be limited in its descent, without any power of alienation in the possessor. It was often granted for a single life, or for more lives than one, with remainder in perpetuity to the church. It was forfeited for various delinquencies to the state."

CHAPTER II.

FROM THE ACCESSION OF WILLIAM I. TO THE BATTLE OF BOSWORTH.

The Conquest-Feudal System-How far in Existence previously-Fully established at the Conquest-Tenants-incapite-The Feudal Incidents-Aids, &c.-The Feudal System as established in England how different from that existing on the Continent-William II.-The CrusadesHenry I.-His Charter-The Laws of the Confessor, what -Stephen-Establishment of Schools at Oxford for the Study of the Canon and Civil Law-Henry II.-The Quarrel with Becket-Constitutions of Clarendon-Richard I.-, John-State of England at his Accession-VilleinageSomerset's Case-Slave Grace's Case-Pressing for the Navy-Wallis v. Day-Villeinage, when established— Villeins regardant-Villeins in gross-Means for gradual Extinction of Villeinage-Probably confined to Rural Districts-Tenures by which Lands were held-Tenure by Knight Service—Tenure by free Socage-Grand Serjeanty -Petit Serjeanty-Incidents common to all three Tenures and those peculiar to each-Tenure in Villeinage-Copyholds-Rights of Common-Inclosure of Commons, how effected-The Legal System-Curia or Aula Regis-Court of King's Bench-Of Common Pleas Of Exchequer-The Chief Justiciar-The Curia Regis, how distinguished from the Great Council-The Court of Exchequer-Justices in Eyre-The Court of Common Pleas-The Office of Chief Justiciar abolished by Edward I.-The Court of King's Bench-The Lord Chief Justice of England-The Court of Chancery-Magna Charta-Hallam's Summary of the Provisions of the Charter - Mackintosh on the Charter Edward I.—Legislative Improvements-Blackstone's Classification-Mortmain, what- Gifts in Mortmain forbidden by Statute-Invention of Uses-Statute of Uses-Use upon a

Use-The Use devisable-Statute of Wills-Mortmain Act
-Statute of Provisors-Statute of Præmunire-Nobility—
Noblesse-Civil Equality, to what attributable.

quest.

NEVER was there conquest more rapid and more The Concomplete than that effected by William the Norman in 1066. "His tyranny," says Hallam,

66

displayed less of passion or insolence than of that indifference about human suffering which distinguishes a cold and far-sighted statesman. Impressed by the frequent risings of the English at the commencement of his reign, and by the recollection, as one historian observes, that the mild government of Canute had only ended in the expulsion of the Danish line, he formed the scheme of riveting such fetters upon the conquered nations, that all resistance should become impracticable. The name of Englishman was turned into a reproach. None of that race for a hundred years were raised to any dignity in the state or church. Their language and the characters in which it was written were rejected as barbarous; in all schools children were taught French, and the laws were administered in no other tongue. It is well known that this use of French in all legal proceedings lasted till the reign of Edward III."

system.

One of the most considerable results growing Feudal out of the Conquest was the establishment of important alterations in the tenure by which lands

were held. We must first of all, however, briefly How far in

existence previously.

inquire to what extent the feudal system existed in England before the Conquest.

In Saxon times all freehold lands, except those belonging to the church, were subject to two burthens: (a) Military service in the king's expeditions. (6) Repair of the bridges and royal fortresses. These obligations, and especially the first, have been sometimes thought to denote a feudal tenure. In every country, however, the supreme power has the right to use the arm of each citizen in the public defence; and though, on the other hand, it is important to notice that a thane forfeited his hereditary freehold by misconduct in battle,—a penalty more severe than was inflicted on allodial proprietors on the continent,still, since sanctions may be more or less severe in different countries, a law of forfeiture in such cases can hardly be considered as positively implying a feudal tenure. A much stronger presumption is afforded by passages that indicate a mutual relation of lord and vassal among the free proprietors, since the most powerful subjects have not a natural right to the service of other freemen. It is not, however, sufficient to prove a mutual relation between the higher and lower order of gentry in order to establish the existence of feudal tenures; for this relation was often personal, whereas feudal vassalage was real, resulting entirely from the tenure of particular lands. No direct evidence appears as to the ceremony of homage,