Decisions, Statutes, Etc., Concerning the Law of Estates in Land
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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). -
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. -
STATUTE QUIA EMPTORES (1290) Statutes of the Realm, Vol
STATUTE QUIA EMPTORES (1290) Statutes of the Realm, vol. I, p . I 06. Whereas the buyers of lands and tenements belonging to the fees of great men and other [lords] have in times past often entered [those] fees to [the lords'] prejudice, because tenants holding freely of those great men and other [lords] have sold their lands and tenements [to those buyers] to hold in fee to [the buyers] and their heirs of their feoffors and not of the chief lords of the fees, with the result that the same chief lords have often lost the escheats, marriages and wardships of lands and tenements belonging to their fees; and this has seemed to the same great men and other lords [not only] very bard and burdensome [but also] in such a case to their manifest disinheritance: The lord king in his parliament at Westminster after Easter in 10 Tenure: services and incidents the eighteenth. year of his reign, namely a fortnight after the feast of St John the Baptist, at the instance of the great men of his realm, has granted, provided and laid down that from henceforth it shall be lawful for any free man at his own pleasure to sell his lands or tenements or [any] part of them; provided however that the feoffee shall hold those lands or tenements of the same chief lord and by the same services and customary dues as his feoffor previously held them. And if he sells to another any part of his same lands or tenements, the feoffee shall hold that [part] directly of the chief lord and shall immediately be burdened with such amount of service as belongs or ought to belong to the same lord for that part according to the amount of the land or tenement [that has been] sold; and so in this case that part of the service falls to the chief lord to be taken by the hand of the [feoffee], so that the feoffee ought to look and answer to the same chief lord for that part of the service owed as [is proportional to] the amount of the land or tenement sold. -
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. -
Statutes As Judgments: the Natural Law Theory of Parliamentary Activity in Medieval England*
CORE Metadata, citation and similar papers at core.ac.uk Provided by Indiana University Bloomington Maurer School of Law Maurer School of Law: Indiana University Digital Repository @ Maurer Law Articles by Maurer Faculty Faculty Scholarship 1977 Statutes as Judgments: The aN tural Law Theory of Parliamentary Activity in Medieval England Morris S. Arnold Indiana University School of Law - Bloomington Follow this and additional works at: http://www.repository.law.indiana.edu/facpub Part of the Legal History Commons, and the Natural Law Commons Recommended Citation Arnold, Morris S., "Statutes as Judgments: The aN tural Law Theory of Parliamentary Activity in Medieval England" (1977). Articles by Maurer Faculty. Paper 1136. http://www.repository.law.indiana.edu/facpub/1136 This Article is brought to you for free and open access by the Faculty Scholarship at Digital Repository @ Maurer Law. It has been accepted for inclusion in Articles by Maurer Faculty by an authorized administrator of Digital Repository @ Maurer Law. For more information, please contact [email protected]. 1977] STATUTES AS JUDGMENTS: THE NATURAL LAW THEORY OF PARLIAMENTARY ACTIVITY IN MEDIEVAL ENGLAND* MORRIS S. ARNOLD t The proposition that late medieval English lawgivers believed themselves to be exercising a declarative function has been so fre- quently put forward and so widely accepted that it is in danger of being canonized by sheer dint of repetition; 1 and thus one who would deny the essential validity of that notion bears the virtually insuperable burden of proof commonly accorded an accused heretic. Nevertheless, it will be argued here that natural law notions are attributed to the medieval English legislator with only the slightest support from the sources, and after only the most rudimentary and uncritical analyses of the implications of such an idea. -
Future Interests in Property in Minnesota Everett Rf Aser
University of Minnesota Law School Scholarship Repository Minnesota Law Review 1919 Future Interests in Property in Minnesota Everett rF aser Follow this and additional works at: https://scholarship.law.umn.edu/mlr Part of the Law Commons Recommended Citation Fraser, Everett, "Future Interests in Property in Minnesota" (1919). Minnesota Law Review. 1283. https://scholarship.law.umn.edu/mlr/1283 This Article is brought to you for free and open access by the University of Minnesota Law School. It has been accepted for inclusion in Minnesota Law Review collection by an authorized administrator of the Scholarship Repository. For more information, please contact [email protected]. MINNESOTA LAW REVIEW FUTURE INTERESTS IN PROPERTY IN MINNESOTA "ORIGINALLY the creation of future interests at law was greatly restricted, but now, either by the Statutes of Uses and of Wills, or by modern legislation, or by the gradual action of the courts, all restraints on the creation of future interests, except those arising from remoteness, have been done away. This practically reduces the law restricting the creation of future interests to the Rule against Perpetuities,"' Generally in common law jurisdictions today there is but one rule restricting the crea- tion of future interests, and that rule is uniform in its application to real property and to personal property, to legal and equitable interests therein, to interests created by way of trust, and to powers. In 1830 the New York Revised Statutes went into effect in New York state. The revision had been prepared by a commis- sion appointed for the purpose five years before. It contained a code of property law in which "the revisers undertook to re- write the whole law of future estates in land, uses and trusts .. -
Chapter 24: Feudal Society, 700 AD
0364-0379 CH24-846240 11/22/02 9:00 AM Page 364 UNIT The Late 8 Middle Ages Equator ᭢ Notre Dame Cathedral in Paris, France 120°E 60° E 60° 180° 60° W 180° 0° Prime Meridian 120°W ᭡ Stained-glass image of a knight 850 A.D. 1000 A.D. 1066 A.D. 1096 A.D. Feudalism Towns and trade routes William the Conqueror wins Crusades begin begins develop in Europe the Battle of Hastings 364 0364-0379 CH24-846240 12/10/02 2:06 PM Page 365 TM Organizing Information Study Foldable Make the following foldable to help you organize information about the changes that occurred during the late Middle Ages. Step 1 Fold two sheets of paper in Step 2 Place glue or tape 1 half from top to bottom. along both ⁄2 inch tabs. Reading and Writing As you read Fold both sheets to leave the unit, list the 1 2 inch tab developments that on top. occurred in western Europe during the late Middle Ages. Write the developments under the correct foldable Roman category. Step 3 Fit both sheets of paper Step 4 Turn the Catholic Church together to make a cube as shown. cube and label Feudalism the foldable as shown. Strong Trade National and Governments Towns PRIMARY SOURCES LibraryLibrary See pages 688–689 for other primary source readings to accompany Unit 8. Read “Plan for a Crusade” from the World History Primary Source Document Library CD-ROM. Journal Notes What was life like during the late Middle Ages? Note details about it as you read. -
Land and Feudalism in Medieval England
Land and Feudalism in Medieval England by Magistra Rosemounde of Mercia Most people know that the feudal system controlled property ownership in England after the Norman conquest of 1066, but without a real understanding of what that means. Feudalism (the term was not actually used until the 17th century) was a social as well as an economic system. It combined elements of Germanic tradition with both Roman and Church law. It is a law of conquerors. The basis of English feudalism was that every person's position in society was defined through a relationship with land, because land was the major source of revenue and the real source of power. Prior to the Conquest, two types of land holdings were known in England: the Celtic, and later, the Germanic or Saxon. Under Celtic custom, all land was held by the sword. There were no legal institutions to protect ownership, only the owner's ability to hold it. Under the Saxon system, land ownership was tied to families. Land was not held of any superior and was not allowed to leave family possession. This form of holding was called folk-land. Folk-land was measured by dividing it into large counties that were then subdivided into hundreds. Later, as Saxon law was influenced by Roman law and the Christian Church, two other holdings developed: book-land, land that was a gift from a superior, and laen-land, land that was loaned to someone outside the family unit in exchange for something. This changed with the Norman conquest. William the Conqueror and his successors, claimed ownership of all the land in England, and everyone else held their land either directly or indirectly from the King. -
A Brief Guide to English Land Law Land Law Is Concerned with The
A Brief Guide to English Land Law Land Law is concerned with the legal relationships that people have with regard to land and affects each one of us in many ways in the course of our daily lives. Matters such as the basis upon which we reside in our own homes, access to our place of education or employment and even a visit to the shops or to the home of a friend can all raise issues directly related to land law. There are three main areas to be considered, having first established an answer to the question "What is 'land'?" Firstly, what are the various types of interest that can be acquired in land and by what means may one acquire these interests? Secondly, once acquired, how may these interests be retained and protected? Lastly, how may interests such as these be effectively transferred? Land Law provides us with the legal framework within which to determine these issues. Whether Roman practices with regard to land transactions survived in Northern Europe is a controversial question. It has recently been argued that charters from as far north as modern Belgium from the seventh to the ninth centuries show traces of Roman conveyancing practices. In the case of England, however, we can be reasonably confident that all knowledge of Roman conveyancing practices was lost in the centuries that followed the Anglo-Saxon invasions (fifth and sixth centuries). When the Anglo-Saxons began to book land transactions in the seventh century, that practice represented a new beginning, although it may have been a beginning that was influenced by surviving Roman practices on the Continent. -
The Salisbury Oath: Its Feudal Implications
Loyola University Chicago Loyola eCommons Master's Theses Theses and Dissertations 1943 The Salisbury Oath: Its Feudal Implications Harry Timothy Birney Loyola University Chicago Follow this and additional works at: https://ecommons.luc.edu/luc_theses Part of the History Commons Recommended Citation Birney, Harry Timothy, "The Salisbury Oath: Its Feudal Implications" (1943). Master's Theses. 53. https://ecommons.luc.edu/luc_theses/53 This Thesis is brought to you for free and open access by the Theses and Dissertations at Loyola eCommons. It has been accepted for inclusion in Master's Theses by an authorized administrator of Loyola eCommons. For more information, please contact [email protected]. This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 License. Copyright © 1943 Harry Timothy Birney THE SALISBURY OATH - ITS FEUDAL IMPLICATIONS by HARRY TIMOTHY BIRNEY, S.J., A.B. A THESIS SUBMITTED IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF MASTER OF ARTS IN LOYOLA UNIVERSITY J~e 1943 TABLE OF CONTENTS INTRODUCTION • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • 1 CHAPTER I FEUDALI SM - IN THEORY • • • • • • • • • • • 3 II FEUDALISTIC TENDENCIES IN ENGLAND BEFORE 1066 ••••••••••••••••••••• 22 III NORMAN FEUDALISM BEFORE 1066 • • • • 44 IV ANGLO - NORMAN FEUDALISM PRECEDING THE OATH OF SALISBURy........... 62 V THE SALISBURY OATH • • • • • • • • • • • • • • 81 CONCLUSION • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • 94 BIBLIOGRAPHY • • • • -
FEOFFMENT (Fef´-Ment). an Early Mode of FICTITIOUS PAYEE (Fick-Tish´-Us Pay-Ee´)
FEOFFMENT (fef´-ment). An early mode of FICTITIOUS PAYEE (fick-tish´-us pay-ee´). Any conveyance, by which the possession of a designation of a payee in a negotiable instrument freehold estate was transferred by the technical who is non-existent or who was not intended ceremony of livery of seisin. to receive the instrument in the first place. The instrument in such case is considered as payable FEOFFMENT TO USE (fef´-ment to uze). The to bearer. feoffment or transfer of lands to a person for the benefit of another. FIDUCIARY (fi-du´-shi-ar-re). Relating to or founded upon a trust or confidence. A trustee or FEOFFER (fef-or´). The person who makes a one who holds a thing in trust for another. feoffment. FIEF (feef). A fee, feud, or inheritable estate. FERAE NATURAE (fee´-ree na-tu´-ree). Untamed; animals in their wild state or regarded as FIERI FACIAS (fy´-e-ry fay´-she-as). (Abbreviated unclaimed for ownership. as fi. fa.) In Latin the meaning is that you cause to be made. A writ of execution directing the sheriff FEUD (fude). A fee; a hereditary right to use lands, to levy upon the goods and chattels of a debtor to payment for which was rendered in services to satisfy a judgment. the lord, with ownership of the land retained by the lord. FILIUS (fil´-i-us). A son; a child. FEUDAL (fu´-dal). Pertaining or relating to the FIN (fin). End; limit; termination; expiration; feudal system, feudal law, or the form of land objective. tenure under which the land is held under a superior or lord.