The Mutual Obligations of the Feudal System
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Oxford Scholarship Online
Uses, Wills, and Fiscal Feudalism University Press Scholarship Online Oxford Scholarship Online The Oxford History of the Laws of England: Volume VI 1483–1558 John Baker Print publication date: 2003 Print ISBN-13: 9780198258179 Published to Oxford Scholarship Online: March 2012 DOI: 10.1093/acprof:oso/9780198258179.001.0001 Uses, Wills, and Fiscal Feudalism Sir John Baker DOI:10.1093/acprof:oso/9780198258179.003.0035 Abstract and Keywords This chapter examines property law related to uses, wills, and fiscal feudalism in England during the Tudor period. It discusses the conflict between landlords and tenants concerning land use, feoffment, and land revenue. The prevalence of uses therefore provoked a conflict of interests which could not be reduced to a simple question of revenue evasion. This was a major problem because during this period, the greater part of the land of England was in feoffments upon trust. Keywords: fiscal feudalism, land use, feoffments, property law, tenants, wills, landlords ANOTHER prolonged discussion, culminating in a more fundamental and far-reaching reform, concerned another class of tenant altogether, the tenant by knight-service. Here the debate concerned a different aspect of feudal tenure, the valuable ‘incidents’ which belonged to the lord on the descent of such a tenancy to an heir. The lord was entitled to Page 1 of 40 PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2014. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in OSO for personal use (for details see http://www.oxfordscholarship.com/page/privacy-policy). -
1016" House of Representatives
1016" CONGRESSIONAL RECORD-HOUSE DECEMBER 21 To be lieutenant colonels mind, with the healing love of a big heart; and with the William W. Buckley. Philip H. Torrey. bracing energy of a courageous spirit. May we live for men William D. Smith. Robert ·L. Denig. for whom he died and pledge ourselves to labor for a justice Harold B. Pratt. Charles F. B. Price. loving, a freedom-loving, and a warless world. Through Randolph Coyle. Jesus Christ our Lord. Amen. To be majors The Journal of the proceedings of Saturday, December 19, Thad T. Taylor. 1931, was read and approved. James M. Bain. To be captains MESSAGE FROM THE SENATE Moses J. Gould. William J. Whaling. A message from the Senate by Mr. Craven, its principal George R. Rowan. Herman H. Hanneken. clerk, announced that the Senate had passed a bill of the Richard H. Schubert. Daniel R. Fox. following title, in which the concurrence of the House ·is George W. Walker. William Ulrich. requested: Theodore H. Cartwright. Ralph W. CUlpepper. S. 1357. An act for the relief of Nancy H. Rouse, Clara H. Simmons, W. H. Hays, Hallie H. Hamilton, and Bradford P. To be first lieutenants Hays . Walter I. Jordan. Andrew J. Mathiesen. The message also announced that the Senate had agreed Arthur W. Ellis. Joseph C. Burger. to the amendment of the House to the amendment of the Edwin C. Ferguson. David L. Cloud, jr. Senate to the joint resolution (H. J. Res. 142) entitled Homer L. Litzenberg, jr. Calvin R. Freeman. "Joint resolution making an additional appropriation for Wilburt S. -
The Middle Ages the Middle Ages (Or Medieval Times) Was a Time of Lords and Peasants; Manors and Huts; Very Rich and Very Poor
The Middle Ages The Middle Ages (or Medieval Times) was a time of lords and peasants; manors and huts; very rich and very poor. The first half of the middle ages is often referred to as the Dark Ages. After the fall of the Roman Empire, a large amount of Roman culture and knowledge was lost. This was because the Romans kept excellent records of events that occurred. Therefore, historians refer to the time after the Romans as dark because there was no central government recording the events. The Lord of the Manor Life in the Middle Ages would be very different depending on which social class you fell into and how much money (or wealth) you had. For safety and defence, people in the Middle Ages formed small communities around a Central Lord or Master. These communities were called Manors and the ruler was called the Lord of the Manor. The Manor Each manor would have a castle (or manor house), a church, a village, and farm land. Self-Sufficiency Each manor was largely self- sufficient. This meant that people living in that community would grow or produce all of the basic items they needed for food, clothing, and shelter. To meet these needs, the manor had buildings devoted to special purposes, such as: The mill for grinding grain The bake house for making bread The blacksmith for creating metal goods. Power and Wealth This pyramid shows the KING power in the country during the Middle Ages. The King is at the top of Loyalty Military Aid the pyramid because he LORDS OF THE MANORS had ultimate power over the whole country. -
LECTURE 5 the Origins of Feudalism
OUTLINE — LECTURE 5 The Origins of Feudalism A Brief Sketch of Political History from Clovis (d. 511) to Henry IV (d. 1106) 632 death of Mohammed The map above shows to the growth of the califate to roughly 750. The map above shows Europe and the East Roman Empire from 533 to roughly 600. – 2 – The map above shows the growth of Frankish power from 481 to 814. 486 – 511 Clovis, son of Merovich, king of the Franks 629 – 639 Dagobert, last effective Merovingian king of the Franks 680 – 714 Pepin of Heristal, mayor of the palace 714 – 741 Charles Martel, mayor (732(3), battle of Tours/Poitiers) 714 – 751 - 768 Pepin the Short, mayor then king 768 – 814 Charlemagne, king (emperor, 800 – 814) 814 – 840 Louis the Pious (emperor) – 3 – The map shows the Carolingian empire, the Byzantine empire, and the Califate in 814. – 4 – The map shows the breakup of the Carolingian empire from 843–888. West Middle East 840–77 Charles the Bald 840–55 Lothair, emp. 840–76 Louis the German 855–69 Lothair II – 5 – The map shows the routes of various Germanic invaders from 150 to 1066. Our focus here is on those in dark orange, whom Shepherd calls ‘Northmen: Danes and Normans’, popularly ‘Vikings’. – 6 – The map shows Europe and the Byzantine empire about the year 1000. France Germany 898–922 Charles the Simple 919–36 Henry the Fowler 936–62–73 Otto the Great, kg. emp. 973–83 Otto II 987–96 Hugh Capet 983–1002 Otto III 1002–1024 Henry II 996–1031 Robert II the Pious 1024–39 Conrad II 1031–1060 Henry I 1039–56 Henry III 1060–1108 Philip I 1056–1106 Henry IV – 7 – The map shows Europe and the Mediterranean lands in roughly the year 1097. -
Some Notes on Manors & Manorial History
SOME NOTES ON MANORS & MANORIAL HISTORY BY A. HAMILTON THOMPSON, M.A.. D.Litt.. F.B.A..F.S.A. Some Notes on Manors & Manorial History By A. Hamilton Thompson, M.A., D.Litt., F.B.A., F.S.A. The popular idea of a manor assumes that it is a fixed geo graphical area with definite boundaries, which belongs to a lord with certain rights over his tenants. In common usage, we speak of this or that lordship, almost in the same way in which we refer to a parish. It is very difficult, however, to give the word an exclusively geographical meaning. If we examine one of those documents which are known as Inquisitions post mortem, for example, we shall find that, at the death of a tenant who holds his property directly from the Crown, the king's escheator will make an extent, that is, a detailed valuation, of his manors. This will consist for the most part of a list of a number of holdings with names of the tenants, specifying the rent or other services due to the lord from each. These holdings will, it is true, be generally gathered together in one or more vills or townships, of which the manor may roughly be said to consist. But it will often be found that there are outlying holdings in other vills which owe service to a manor, the nucleus of which is at some distance. Thus the members of the manor of Rothley lay scattered at various distances from their centre, divided from it and from each other by other lordships. -
Freedmen and Serfs Code of Chivalry
CK_4_TH_HG_P087_242.QXD 10/6/05 9:02 AM Page 116 II. Europe in the Middle Ages Cross-curricular Freedmen and Serfs Teaching Idea The manorial system was the economic side of medieval life. The lord lived Since the King Arthur legends and on the manor surrounded by his knights for protection and enriched by the toil Robin Hood are parts of the Grade 4 of his peasants. Until the 14th century, some peasants, known as serfs, were Core Knowledge Language Arts required to work a certain number of days a year in the lord’s fields and to pay Sequence, be sure to connect the histor- rent in the form of produce. In exchange, the serfs were entitled to cultivate land ical and literary topics. Many teachers for themselves, and the lord had to protect his serfs from attacks by bandits and prefer to read the King Arthur legends the followers of other lords. It was also the duty of the lord of the manor to hear during the study of the Middle Ages. disputes on his manor and to render judgment. Serfs were not free, but they were not slaves either. They could not move from manor to manor, but a lord could not dispossess them. A serf or slave that was granted freedom from his lord was called a freedman. A few peasants were free. They did not owe service to the lord but only a Teaching Idea fixed rent in exchange for land and protection. Encourage students to adopt a “code of chivalry” in the classroom and around Code of Chivalry the school. -
Chivalry Feudalism • Code of Behavior for Medieval Society
9/13/2008 The Fall of the Roman Empire Periodization • After the “fall” of the Roman Empire there were two distinct “Europes”, Early Middle Ages: 500 – 1000 each with their own characteristics, cultures, and societies. Eastern Europe– flourishing, literate, influenced by both Christianity and Islam Western Europe– experiencing a “dark age.” High Middle Ages: 1000 – 1250 Late Middle Ages: 1250 – 1500 (Renaissance) : 1350-1500 Political System Chivalry Feudalism • Code of behavior for medieval society. –Be brave in battle. Code of Economic – Behavior System Fight fairly. = Medieval –Be loyal. Manors Chivalry Society Manorialism –Defend the Church. –Treat women in a courteous manner. Belief System The Catholic Church Chivalric Code Chivalry: A Code of Honor and Behavior King Arthur and Knights of the Round Table— • Thou shalt believe all that the Church teaches, and shalt observe legend to promote Chivalry all its directions. --Monty Python and Search for the Holy Grail • Thou shalt defend the Church. • Thou shalt love the country in which thou wast born and be loyal to thou Lord. • Thou shalt not recoil before thine enemy. • Thou shalt make war against the Infidel without cessation, and without mercy. • Thou shalt perform scrupulously thy feudal duties, if they be not contrary to the laws of God. • Thou shalt never lie, and shall remain faithful to thy pledged word. • Thou shalt be everywhere and always the champion of the Right and the Good against Injustice and Evil. clip 1 9/13/2008 Medieval Situation Feudalism • The Roman Empire has fallen—overtaken by barbarian tribes Feudalism developed in Europe following the fall of the from the north. -
B. Medieval Manorialism and Peasant Serfdom: the Agricultural Foundations of Medieval Feudalism Revised 21 October 2013
III. BARRIERS TO ECONOMIC GROWTH IN THE MEDIEVAL ECONOMY: B. Medieval Manorialism and Peasant Serfdom: the Agricultural Foundations of Medieval Feudalism revised 21 October 2013 Manorialism: definitions • (1) a system of dependent peasant cultivation, • in which a community of peasants, ranging from servile to free, received their lands or holdings from a landlord • - usually a feudal, military lord • (2) the peasants: worked those lands at least in part for the lord’s economic benefit • - in return for both economic and military security in holding their tenancy lands from that military lord. Medieval Manorialism Key Features • (1) European manorialism --- also known as seigniorialism [seignior, seigneur = lord] both predated and outlived feudalism: predominant agrarian socio-economic institution from 4th-18th century • (2) Medieval manorialism: links to Feudalism • The manor was generally a feudal fief • i.e., a landed estate held by a military lord in payment and reward for military services • Feudal fiefs were often collections of manors, • servile peasants provided most of labour force in most northern medieval manors (before 14th century) THE FEUDAL LORD OF THE MANOR • (1) The Feudal Lord of the Manor: almost always possessed judicial powers • secular lord: usually a feudal knight (or superior lord: i.e., count or early, duke, etc.); • ecclesiastical lord: a bishop (cathedral); abbot (monastery); an abbess (nunnery) • (2) Subsequent Changes: 15th – 18th centuries • Many manors, in western Europe, passed into the hands of non-feudal -
Wakefield, West Riding: the Economy of a Yorkshire Manor
WAKEFIELD, WEST RIDING: THE ECONOMY OF A YORKSHIRE MANOR By BRUCE A. PAVEY Bachelor of Arts Oklahoma State University Stillwater, Oklahoma 1991 Submitted to the Faculty of the Graduate College of the Oklahoma State University in partial fulfillment of the requirements for the Degree of MASTER OF ARTS May, 1993 OKLAHOMA STATE UNIVERSITY WAKEFIELD, WEST RIDING: THE ECONOMY OF A YORKSHIRE MANOR Thesis Approved: ~ ThesiSAd er £~ A J?t~ -Dean of the Graduate College ACKNOWLEDGEMENTS I am deeply indebted to to the faculty and staff of the Department of History, and especially the members of my advisory committee for the generous sharing of their time and knowledge during my stay at O.S.U. I must thank Dr. Alain Saint-Saens for his generous encouragement and advice concerning not only graduate work but the historian's profession in general; also Dr. Joseph Byrnes for so kindly serving on my committee at such short notice. To Dr. Ron Petrin I extend my heartfelt appreciation for his unflagging concern for my academic progress; our relationship has been especially rewarding on both an academic and personal level. In particular I would like to thank my friend and mentor, Dr. Paul Bischoff who has guided my explorations of the medieval world and its denizens. His dogged--and occasionally successful--efforts to develop my skills are directly responsible for whatever small progress I may have made as an historian. To my friends and fellow teaching assistants I extend warmest thanks for making the past two years so enjoyable. For the many hours of comradeship and mutual sympathy over the trials and tribulations of life as a teaching assistant I thank Wendy Gunderson, Sandy Unruh, Deidre Myers, Russ Overton, Peter Kraemer, and Kelly McDaniels. -
FEUDAL SYSTEM GOVERNMENT the Government of Europe During the Middle Ages Was Based on the Feudal System
MIDDLE AGES FEUDAL SYSTEM GOVERNMENT The government of Europe during the Middle Ages was based on the feudal system. This meant small communities were formed around a local lord and a manor. The lord owned the land and everything in it. Peasants were kept safe in return for their service to the lord. The lord provided the king with soldiers and taxes. MANOR The manor was at the center of Middle Ages life. It was run by a local lord. He lived in a large house or castle. People gathered there during celebrations or for protection when attacked. A small village was built around the castle, including a local church. Farms spread out from there and were worked by the peasants. MIDDLE AGES HIERARCHY King *Top leader in the land *Could not control all of the land by himself, so it was divided up among the Barons *In return, Barons pledged their loyalty and soldiers to the king *When the king died, his firstborn son inherited the throne *If one family stayed in power for a long time, this was known as a dynasty *Kings believed they were given their right to rule by God, known as “divine right” Bishop *Top church leader in the kingdom *Managed an area called a diocese *The Catholic Church was very powerful in most parts of Medieval Europe, making the Bishop powerful *The Church received a tithe of 10 percent from all people, making some Bishops very rich Baron *Ruled large areas of land called fiefs *Reported directly to the king *Very powerful *Divided their land among lords who ran individual manors *Maintained an army at the king’s service *If -
Novel Disseisin5 Was Instituted As a Possessory Protection of Freehold Property Rights
IV–42 THE AGE OF PROPERTY: THE ASSIZES OF HENRY II SEC. 4 75. ?1236. “The fees of those who hold of the lord king in chief within the liberty of St. Edmunds to whom the lord king does not write.... Hugh de Polstead holds two fees and two parts of a fee in Polstead of the honour of Rayleigh [Essex].” The Book of Fees 1:600. (This document is probably connected with what is variously called an ‘aid’ or a ‘scutage’ which was levied on the occasion of the marriage of Isabella, Henry III’s sister, to the Emperor Frederick II in July of 1235. The lord of the honour of Rayleigh was Hubert de Burgh, Henry III’s justiciar, from 1215 until his downfall in 1232. The honour was in an ambiguous status in 1236; from 1237 it was in the king’s hands, as it was from 1163 to 1215. Sanders, English Baronies 139.) 76. 1242 X 1243. Surrey. “Of the honour of William de Windsor. Hugh de Polstead holds a half a knights fee in Compton of the same honour.” Id. 2 (1923) 685. (This is a document connected with the great scutage raised in connection with Henry III’s expedition to Gascony in 1242. The honour of William de Windsor was one-half of the honour of Eton [Bucks]. His father, also William, and his father’s cousin Walter had divided the honour in 1198 after fifteen years in which the inheritance had been disputed. Walter’s portion passed to his sisters Christiana and Gunnor in 1203, the latter of whom was married to ?Hugh I de Hosdeny. -
Dickinson Law Review - Volume 21, Issue 1
Volume 21 Issue 1 1-1916 Dickinson Law Review - Volume 21, Issue 1 Follow this and additional works at: https://ideas.dickinsonlaw.psu.edu/dlra Recommended Citation Dickinson Law Review - Volume 21, Issue 1, 21 DICK. L. REV. 1 (2020). Available at: https://ideas.dickinsonlaw.psu.edu/dlra/vol21/iss1/1 This Article is brought to you for free and open access by the Law Reviews at Dickinson Law IDEAS. It has been accepted for inclusion in Dickinson Law Review by an authorized editor of Dickinson Law IDEAS. For more information, please contact [email protected]. Dickinson Law Review VOL. XXI OCTOBER, 1916 No. 1 BUSINESS MANAGERS EDITORS John D. M. Royal, '17 Henry M. Bruner, '17 Lawrence D. Savige, '17 Edward H. Smith, '17 John H. Bonin, '17 William Lurio, '17 Joseph C. Paul, '18 Ethel Holderbaum, '18 Subscription $1.60 per annum, payable in advance WALLACE vs. EDWIN HARMSTAD, 44 PA. 492 In 1838 Arrison sold to four brothers Harmstad four adjoining lots, reserving out o2 each a yearly rent of !$60, payable half-yearly, in January and July. Each grantee, entered on his lot and built a house on it. The deeds were executed in duplicate each being signed by both parties. A part of the bargain was that the rents might be redeemed at any time. In the deeds was a blank with respect to the time of redemption, which was explained by Arrison as meaning that there was no limit of time. Some time after the delivery of the deeds, they were procured by Ar- rison for the alleged purpose of having them recorded, and while out of the possession of the Harmstads the blanks were filled with the words, "within ten years from the date thereof," making redemption after ten years impos- sible.