738 
TTktnry of the English Landed Interest. 
religious and churcli lands, (2) the lands of the men of Kent, 
which by composition were left to the owners as the Conqueror 
found them.” We have it, then, that the feudal system in 
England was virtually established by the Conqueror, and before 
building fui’ther on this solid foundation let us endeavour to 
grasp the nature and duration of that system. The kingdom of 
England was divided into baronies, which for military purpo.se.s 
were granted on condition of the holder furnishing the Jving 
with men and money ; in other words vassalage under the King, 
entailing endless subinfeudation — the tenure of laud by military 
suit — or following — and service. This tenure was limited in 
England by Henry VII. in 1495, and abolished by statute in IGGO. 
Tlie feudal system was introduced into Scotland by Malcolm II. 
in 1008, and prevailed in France from about 48G until 1470. 
To continue summing up — the history of real property in 
England is carried down to our day in the comprehensive words 
of Sir Hugh Cairns, then Solicitor-General. In introducing the 
Titles to Landed Estates Bill (1859), Sir Hugh said: — 
“ Looking back to the history of real property in this country, it may, by 
a broad line of demarcation, be divided in substance into two periods. Up 
to the time of the Commonwealth you were occupied in endeavouring by 
means of legal fictions to make the severe and simple forms of feudal law 
bend themselves to the advancing interests of commerce and to the wants of 
the people. Examples of this process may be found in the introduction of 
the fictitious system of fines and recoveries in this country, and in the various 
purposes which the complicated contrivance of uses and trusts was made to 
serve. Then when about the period of the Commonwealth you had suc- 
ceeded by these fictitious means in getting rid, to a very considerable extent, 
of the severity of feudal tenures, a new period commenced, which has con- 
tinued to tha present time, during which the great effort has been to get rid 
in tarn of those complex systems of legal fiction which had been useful up to 
that time in lessening the severity of feudal tenures. 
“After 1G60 there have been constant attempts to establish land registers 
and other means of simplifying transfer.'’ 
I cannot turn from the epoch-making period of Magna Cliarta 
without giving this spirited passage ; it is from the pen of a 
great living authority on historical statute law : — 
“ Magna Cliarta was written in Latin, and contains a variety of pro- 
visions which lapse of time has rendered obsolete. But there remains one 
clause, the importance of which neither time nor change of custom can 
affect. It is the gospel of freedom to the English nation, and through them 
to the whole English-speaking world ; it is law in the United States, and in 
every British colony ; it is tbo birthright of every man who in any part of 
the world claims brotherhood with our race. It runs, shortly, as follows: — 
‘ No man shall bo taken or imprisoned, or deprived of his freehold or 
liberties, or be outlawed, or exiled except by lawful judgment of his peers, 
or by the law of the land. We will sell to no man, will not deny or delay 
to any man, justice or right.” 
