It may not be unwise to review the grounds that we have been going over,
and to glance at the salient points. The ABORIGINAL inhabitants of
this island enjoyed the same rights as those in other countries,
of possessing themselves of land unowned and unoccupied. The ROMANS
conquered, and claimed all the rights the natives possessed, and levied
a tribute for the use of the lands. Upon the retirement of the Romans,
after an occupancy of about six hundred years, the lands reverted to
the aborigines, but they, being unable to defend themselves, invited
the SAXONS, the JUTES, and the ANGLES, who reduced them to serfdom, and
seized upon the land; they acted as if it belonged to the body of the
conquerors, it was allotted to individuals by the FOLC-GEMOT or assembly
of the people, and a race of LIBERI HOMINES or FREEMEN arose, who paid
no rent, but performed service to the state; during their sway of
about six hundred years the institutions changed, and the monarch, as
representing the people, claimed the right of granting the possession of
land seized for treason by BOC or charter. The NORMAN invasion found a
large body of the Saxon landholders in armed opposition to William, and
when they were defeated, he seized upon their land and gave it to his
followers, and then arose the term TERRA REGIS, "the land of the king,"
instead of the term FOLC-LAND, "the land of the people;" but a large
portion of the realm remained in the hands of the LIBERI HOMINES or
FREEMEN. The Norman barons gave possession of part of their lands to
their followers, hence arose the vassals who paid rent to their lord by
personal service, while the FREEMEN held by service to the Crown. In
the wars of the PLANTAGENETS the FREEMEN seem to have disappeared, and
vassalage was substituted, the principal vassals being freeholders. The
descendants of the aborigines regained their freedom. The possession
of land was only given for life, and it was preceded by homage to the
Crown, or fealty to the lord, investiture following the ceremony. The
TUDOR sovereigns abolished livery and retainers, but did not secure the
rights of the men-at-arms or replace them in their position of FREEMEN.
The chief lords converted the payment of rent by service into payment
in money; this led to wholesale evictions, and necessitated the
establishment of the Poor Laws, The STUARTS surrendered the remaining
charges upon land: but on the death of one sovereign, and the expulsion
of another, the validity of patents from the Crown became doubtful. The
PRESENT system of landholding is the outcome of the Tudor ideas. But the
Crown has never abandoned the claim asserted in the statute of Edward
I., that all land belongs to the sovereign as representing the people,
and that individuals HOLD but do not OWN it; and upon this sound and
legal principle the state takes land from one and gives it to another,
compensating for the loss arising from being dispossessed.
Public-domain text, read in full here on John Shaqi.
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