Landholding in England by of Youghal the younger Joseph Fisher
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page 25 of 123 (20%)
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subsequent gift thereof, by Egbert and Athelwolf, was made with the
concurrence and assent of the great men. The kings' charters of escheated lands, to which they had succeeded by a personal right, usually declared "that it might be known that what they gave was their own." Discussions have at various times taken place upon the question, "Was the land-system of this period FEUDAL?" It engaged the attention of the Irish Court of King's Bench, in the reign of Charles I., and was raised in this way: James I. had issued "a commission of defective titles." Any Irish owner, upon surrendering his land to the king, got a patent which reconvened it on him. Wentworth (Lord Stafford) wished to SETTLE Connaught, as Ulster had been SETTLED in the preceding reign, and, to accomplish it, tried to break the titles granted under "the commission of defective titles." Lord Dillon's case, which is still quoted as an authority, was tried. The plea for the Crown alleged that the honor of the monarch stood before his profit, and as the commissioners were only authorized to issue patents to hold in capite, whereas they had given title "to hold in capite, by knights' service out of Dublin Castle," the grant was bad. In the course of the argument, the existence of feudal tenures, before the landing of William of Normandy, was discussed, and Sir Henry Spelman's views, as expressed in the Glossary, were considered. The Court unanimously decided that feudalism existed in England under the ANGLO-SAXONs, and it affirmed that Sir Henry Spelman was wrong. This decision led Sir Henry Spelman to write his "Treatise on Feuds," which was published after his death, in which he reasserted the opinion that feudalism was introduced into England at the Norman invasion. This decision must, however, be accepted with a limitation; I think |
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