Page:Prerogatives of the Crown.djvu/231

 Gh.XI. Sec.L] Revenue. fill and not joint tenants^ as they take in diffef ent Capacities ; and the King cannot be a joint tenant with a subject (a). ^. The King's ordinary revenue arose also from antient rights of seignior^: as militfiry tenures; from purveyance and pre-emption, and wine licences. These are now abolished, but still require some slight notice. The feudal system was adopted in England at the time of the Conquest, and in Consequence of its introduction it became a fundamental maxim and necessary principle (though in re- ality a nlere fiction) of Our English tenures. ^' That the King is the universal lord and original proprietor of all the lands in his kingdom (b) ; and that no man doth or can possess any part of it, but what has mediately or immediately been derived as a gift from him, to be held upon feudal services." The in- tention of this fiction was to enable the King, by his royal prerogative, to put the kingdom in a state of defence whenever it might be necessary ; and every holder of landj was thus obliged to maintain the King's title and to defend his terri- tories, with equal vigour and fealty, as if he had received his estate upon that express condition (c)." But this system, originally intended for the public protection and security, was afterwards made a pretext to introduce a plan of tyranny and oppression, hardly to be equalled in history. For in the first place, the proprietor of every estate in th6 kingdom, in proportion to its extent, was burthened with military services ; for which^ in process of time, a certain gum of money was taken, by way of fine and commutation, called escuage, 2. He was also subject to certain annual pajrments ox rents m money, laid on as a mark of the lord's pre-eminence, and in order to keep the vassal in perpetual remembrance of his feudal subordination. 3. He was obliged, under the name of aids, to give pecuniary assistance when necessary, to ransom the King's person if taken prisoner, to furnish a portion to his daughter, and to contribute to the expense incurred on making his eldest son a knight. 4*. It was supposed upon the death of the feudal possessor, that the estate ought to revert into the hands of the (a) Co. lit. 190, a. 1 Saund. 319, law, that on the death of the tenant last n. 4. Bac. Ab. Joint Tenants, B. 2 seised without heirs, the King is enti- Bla. Com. 184. tied. (i) Montesq. Sp. L. b. 31. c. 1. See (r) 1 Bla.Com. 51. 12 East, 96, as to the presumption of p 2 superior