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21 July 1804.
Tithes are not to be
paid ... for creatures ...
feræ naturæ, whose increase,
so as to profit
the owner, is not annual,
but casual. II 24
Immemorial usage
is binding upon all parties,
as it is in its nature
an evidence of universal
consent & acquiescence.
II 29
Time of memory hath
been long ago been ascertained by
the law to commence
from the reign of Richard
the first; and any custom
may be destroyed by evidence
of its non-existence
in any part of the
long period from his days
to the present. II 31.
A ... modus ... so rank
& large, as that it beyond
dispute exceeds the
value of the tithes in the
reign of Richard the first
... is felo de se and
destroys itself. II 31.
Right of common
appears from its very
definition to be an incorporeal
hereditament;
being a profit which
a man hath in the
land of another. II 32.
When the law doth give
anything to one, it
giveth impliedly whatsoever
is necessary for
enjoying the same. II 36.
A rent ... reserved out
of an advowson, a common,
an office, a franchise, or
the like, ... is no legal rent
in contemplation of law.
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In consequence of this
change (the surrendering
up all the free lands
into the king's hands, and
his restoring them to the
owners again as a feud)
it became a fundamental
maxim & necessary
principle (though in reality
a mere fiction) of our
English tenures, that the
king is the universal
lord & original proprieter
of all the lands in the
kingdom; & 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. II 51.
Almost all the real
property of this kingdom
is by the policy of ones
laws, supposed to be
granted by, dependent
upon, and holden of some
superior or lord, by &
in consideration of certain
services to be rendered
to the lord by the tenant
or possessor of this
property. II 59
All the land in the
kingdom is supposed
to be holden mediately
or immediately of the
king. II 59
The last consequence
of tenure in chivalry
was escheat; which is
the determination of
the tenure, or dissolution
of the mutual bond
between the lord and
tenant, from the extinction
of the blood of the latter
by either natural or
civil means, if he died
without heirs of his blood,
or if his blood was
corrupted & stained by
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commission of treason
or felony; whereby every
inheritable quality
was entirely blotted
out & abolished. II 72.
The law of England
... is a law of liberty.
II 98
Accordingly it is laid
down by Littleton, that
where a freehold shall
pass it behoveth to
have livery of seisin.
As therefore estates by
of inheritance and
estates for life could
not by common law
be conveyed without
livery of seison, these
are properly estates of
freehold; and, as no other
estates were conveyed
with the same solemnity
therefore no others are
properly freehold estates.
II 104
The ... allodial property
of the soil ... no subject
in England has; it
being a received, and
now undeniable, principle
in the law, that
all the lands in England
are holden mediately
or immediately
of the king. II 105.
The word, heirs, is necessary
in the grant or
donation, in order to
make a fee, or inheritance.
For if land be given to
a man for ever, or to
him & his assigns for
ever, this vests in him
but an estate for life.
II 107
If ... devise be to a man
& his assigns without
annexing any words of
perpetuity, there the deviwee
shall take only an estate
for life, for it does not appear
that the devisor intended any more. II 108.
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