History of Westchester County, New York, Vol. I
It is thus seen not only that there were no feudal rights nor privileges granted in New York to the Duke of York by his Patents, but that the King had no power whatever to grant any to him, or to anybody else. And none ever were granted by any British Sovereign, or British Governor, in that Province. The rights and privileges contained in the subsequent Manor grants in New York, were simply those appertaining to, and consistent with, the free socage tenure on which they were granted, and under which they were held.
This allodial tenure of land, though it has been formerly referred to under the Roman Dutch legal system of New Netherland, may now be more fully described, as itwas also thetenure by which all lands in New York under the English system were held.
1 Section 1 of the act.
2 " Up to the passage of this act, every free land-owner was burdened with military service, whicli was not considered an incident of tennre, hut a duty to the State." Dighy"s Law of Kcal Property, 20. Hence, the sulistitution of taxation in lieu of military service by this act. is the foundation of governmental support by taxation, both in Kiigland and America, and of the existing systems of taxation in both countries. The military tenures " were sold, or released to the country in consideration of the hereditary revenue of excise by the Statute, 12 ch. 2, c. 24." Fourth Keport of the English Law Com:uissiouers, 110.