162 PORMS OF LAND TENURE. 



system, and those of patron and client under the Roman Republic. 

 The latter, however, differed widely from the former, in that 

 they were not based upon the tenure of land. 



It is not our intention to enter into this subject at any 

 length, but inasmuch as the feudal system, some twelve centuries 

 or more ago, obtained throughout Europe to so great an extent 

 as to lead Sir Henry Spelman to describe it as " the law of 

 nations in this our western world," we are desirous of placing 

 before the reader a few general remarks upon the subject of 

 Fees, before attempting to describe those of Cornwall. 



Fees originated in the right of Conquest, under which, it 

 was supposed, the whole land of the acquired territory became 

 the property of the successful Chieftain or Sovereign, who 

 allotted large portions to his principal followers on the condition 

 that the possessors should do faithful service to the grantor^ 

 both in peace and war ; and, in respect to the latter, that he 

 should attend his lord to the field with a certain stipulated force 

 proportionate to the grant which he had received. The chief- 

 tains allotted portions to their immediate dependents under 

 similar conditions, who stood in the same relation to their lords 

 as the latter did to the King. These fees were entirely based 

 upon military service, and it has been thought, that in the earlier 

 period of the system, the vassal was obliged to attend his lord in 

 war for any length of time his services might be required. 

 However this may have been, from the time at which we take 

 up the subject the period of service had become fixed, by law 

 or usage, to forty days at a time for such Knight's fee, 20 days 

 for half a fee, and so on in proportion. 



The grant of land as a Fief, especially when it was a grant 

 from a Suzerain, or supreme lord, was often accompanied by 

 extensive jurisdictions, though their exercise was somewhat 

 restrained by the Hundred and County Courts. Every tenant in 

 capite possessed jurisdiction, both civil and criminal, over his 

 immediate tenants. He held his Courts and administered his 

 laws within his Lordship, in many cases extending even to life 

 and death, like a Sovereign Prince. And at these Courts, held 

 frequently, all his tenants were obliged to attend, and do suit 

 and service, under pain of amercement. 



