Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/89

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Ch. 5.
of Things.
77

equivalent to aboliſh them all; though the plan then proceeded not to effect: in like manner as he had formed a ſcheme, and began to put it in execution, for removing the feodal grievance of heretable juriſdictions in Scotland[1], which has lince been purſued and effected by the ſtatute 20 Geo. II. c. 43[2]. King James's plan for exchanging our military tenures ſeems to have been nearly the ſame as that which has been ſince purſued; only with this difference, that, by way of compenſation for the loſs which the crown and other lords would ſuſtain, an annual feefarm rent ſhould be ſettled and inſeparably annexed to the crown, and allured to the inferior lords, payable out of every knight's fee within their reſpective ſeignories. An expedient, ſeemingly much better than the hereditary exciſe, which was afterwards made the principal equivalent for theſe conceſſions. For at length the military tenures, with all their heavy appendages, were deſtroyed at one blow by the ſtatute 12 Car. II. c. 24. which enacts, "that the court of wards and liveries, and all wardſhips, liveries, primer ſeiſins, and ouſterlemains, values and forfeitures of marriages, by reaſon of any tenure of the king or others, be totally taken away. And that all fines for alienations, tenures by homage, knights-ſervice, and eſcuage, and alſo aids for marrying the daughter or knighting the ſon, and all tenures of the king in capite, be likewiſe taken away. And that all ſorts of tenures, held of the king or others, be turned into free and common ſocage; ſave only tenures in frankalmoign, copyholds, and the honorary ſervices (without the ſlaviſh part) of grand ſerjeanty." A ſtatute, which was a greater acquiſition to the civil property of this kingdom than even magna carta itſelf: ſince that only pruned the luxuriances that had grown out of the military tenures, and thereby preſerved them in vigour; but the ſtatute of king Charles extirpated the whole, and demoliſhed both root and branches.

  1. Dalrymp. of feuds. 292.
  2. By another ſtatute of the ſame year (20 Geo. II. c. 50.) the tenure of wardholding (equivalent to the knight-ſervice of England) is for ever aboliſhed in Scotland.