“But besides this custom, there are others also in this manor which
indicate great antiquity, and which, there can be but little if any
doubt, are the same as were in use before the Norman Conquest. We are
told, indeed, by Judge Blackstone, that after that event the ancient
Saxon system of tenure was laid aside, and that the Normans, wherever
they had lands granted to them, introduced the feodal system; and that at
length it was adopted generally, and as constitutional, throughout the
kingdom. There does not, however, I think, appear to be sufficient
reason for supposing that this new system was received into this manor,
the customs here in use being evidently those of a more remote age, and
in their _circumstances_, if not in their _nature_, altogether unlike
those which were at this time established by the Normans.
“Under the feodal system, the tenant originally held his lands entirely
at the will of the lord, and at his death they reverted to the lord
again. The services to be performed for the lord were uncertain and
unlimited. The copyhold was also subject to a variety of grievous taxes,
which the lord had the privilege, upon many occasions, of imposing—such
as aids, reliefs, primer seisin, wardship, escheats for felony and want
of heirs, and many more, altogether so exorbitant and oppressive as often
totally to ruin the tenant and rob him of almost all interest in his
property. {56} The difference of the circumstances under which the lands
in the manor of Merdon are, and, as it seems, always were held, is
remarkably striking: here the copyhold is hereditary, the services are
certain and limited, the fines are fixed and unchangeable, the lord has
no right of wardship, neither is the copyhold liable to escheat for
felony; the widow of a tenant has also a right of inheritance, and the
tenement may be let without the lord’s consent for a year. All which
circumstances appear to bespeak an original and fundamental difference of
tenure from that of the feodal system, and are, I presume, to be
considered, not as encroachments that have gradually grown upon that
system, but as being of a more liberal extraction and much greater
antiquity. {57a} But besides these differences, the supposition here
advanced has this farther ground to rest upon, viz. that neither the name
of _Merdon_, nor that of _Hursley_, is so much as mentioned in the great
survey of the kingdom, called Domesday-Book, which, if the intention of
that survey be rightly understood, {57b} it seems next to a certainty
that one or other of them would have been had the new system been here
adopted. Nor, when it is considered that this was _Church_ property, and
that in many instances the alterations were not enforced, {58} out of
favour as it is supposed to the landholder, who was partial to the more
ancient tenure, ought it to be thought extraordinary that the customs in
this manor did not undergo the general change; since, if favour were
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