Glossary of Manorial Terms
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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). -
General Index
http://kentarchaeology.org.uk/research/archaeologia-cantiana/ Kent Archaeological Society is a registered charity number 223382 © 2017 Kent Archaeological Society ( 123 ) GENERAL INDEX. Abbey, Premonstratensian of West Arch. Cant. LV, Pottery, 70, 71, 76, 78. Langdon, similar architecture to Arch. Cant. LVII, Court Rolls, Manor Walmer and Lydden, 85. of Farnborough, 7. Abbeys in Kent: St. Augustine, Arch. Cant. (1945), Wall of small Reculver, Dover, 19. bricks, 115. Abbot Beornheab, five entries relating Arch, Jour. XCV, Proportions, 5. to, 22. Archbishop Plegmund, 890, 22. Abbot Feologeld of Dover, later Architectural Notes on Kent Churches, Archbishop, 19, 21. Plans of, and Brief, by F. 0. Elliston- Abbots of Dover, Reculver, St. Erwood, F.S.A., (4 plans), 1-6. Augustine's, 21-28 Architecture, Spurious Gothic, 93. Abrinciis, Simon de, held Honour of Arts in Early England, The, 6. Folkestone, 85. Arundell, Sir John of Trerice, 98; Acleah, Council at, 805, 23. en. (1) Margaret, d. of Sir Hugh Adams, Richard, brass extant, 102. Courtenay, 97; (2) Ann, d. of Sir Adrian, Abbot of St. Augustine's, 674, Walter Moyle, 96. 26. Ash, Soil and acreage of, 82, 84. Aethelheah, Abbot of Reculver after Ashdown, John of Hover, 121 King Cenulf of /uremia had seized Ashford-Godmersham Downs on 3rd. revenues, 21, 28. Roman Road, 29, 30. Aethelheard, Mercian Archbishop at Ashtead, medieval ware, 74. Council of Clovesho, 23. Auberville, Estates in Oxney passed to Aethilmer, Abbot of Reculver, 699, 27. family of Criol or Kerial, 85. Afleerers, 16. Auberville, William, founded Abbey Agger or Embankment of Roman of W. Langdon, 84, 91. -
On the Agricultural Community of the Middle Ages, and Inclosures of the Sixteenth Century in England
On The Agricultural Community of the Middle Ages, and Inclosures of the Sixteenth Century in England. Second Edition. Translated from the German of Erwin Nasse, by Colonel H. A. Odvey (Late 9th Lancers). “In der Beherrschung der Erde liegt die Kraft des Mannes und des Staates: die Grösse Roms ist gebaut auf die ausgedehnteste und unmittelbarste Herrschaft der Burger uber den Boden and auf die geschlossene Einheit dieser also festgegründeten Bauerschaft.” — MOMMSEN. Erwin Nasse (1829–1890) Originally published 1872. by Williams and Norgate London. This edition published 2003 Batoche Books [email protected] Contents Translator’s Preface. .......................................................................... 5 Preface. .............................................................................................. 6 On the Agricultural Community of the Middle Ages. ....................... 8 Notes: ............................................................................................... 82 Translator’s Preface. The extract from a speech of Richard Cobden, which appeared as a Preface to the First Edition of this work, has been omitted in the present issue, as it might be supposed to stamp with a political character that which is merely an academical essay. H. A. Ouvey. 29, Hyde Park Place, January 1st, 1872. Preface. The translation of this work, which was published under the distin- guished sanction of the Cobden Club by Colonel H. A. Ouvry, C.B., having now reached a second edition, a few explanatory words from the author may not seem out of place. The original treatise was published in 1869, as one of those academical essays which are distributed annually to the Members of this University before the 3rd of August, the anniversary of the day on which the University was founded in 1818. These essays are intended to contain the results of purely scientific researches. -
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. -
Guidance Note
Guidance note The Crown Estate – Escheat All general enquiries regarding escheat should be Burges Salmon LLP represents The Crown Estate in relation addressed in the first instance to property which may be subject to escheat to the Crown by email to escheat.queries@ under common law. This note is a brief explanation of this burges-salmon.com or by complex and arcane aspect of our legal system intended post to Escheats, Burges for the guidance of persons who may be affected by or Salmon LLP, One Glass Wharf, interested in such property. It is not a complete exposition Bristol BS2 0ZX. of the law nor a substitute for legal advice. Basic principles English land law has, since feudal times, vested in the joint tenants upon a trust determine the bankrupt’s interest and been based on a system of tenure. A of land. the trustee’s obligations and liabilities freeholder is not an absolute owner but • Freehold property held subject to a trust. with effect from the date of disclaimer. a“tenant in fee simple” holding, in most The property may then become subject Properties which may be subject to escheat cases, directly from the Sovereign, as lord to escheat. within England, Wales and Northern Ireland paramount of all the land in the realm. fall to be dealt with by Burges Salmon LLP • Disclaimer by liquidator Whenever a “tenancy in fee simple”comes on behalf of The Crown Estate, except for In the case of a company which is being to an end, for whatever reason, the land in properties within the County of Cornwall wound up in England and Wales, the liquidator may, by giving the prescribed question may become subject to escheat or the County Palatine of Lancaster. -
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. -
The History of Luttrellstown Demesne, Co. Dublin
NORTHERN IRELAND HERITAGE GARDENS TRUST OCCASIONAL PAPER, No 4 (2015) 'Without Rival in our Metropolitan County' - The History of Luttrellstown Demesne, Co. Dublin Terence Reeves-Smyth Luttrellstown demesne, which occupies around 600 acres within its walls, has long been recognised as the finest eighteenth century landscape in County Dublin and one of the best in Ireland. Except for the unfortunate incorporation of a golf course into the eastern portion of its historic parkland, the designed landscape has otherwise survived largely unchanged for over two centuries. With its subtle inter-relationship of tree belts and woodlands, its open spaces and disbursement of individual tree specimens, together with its expansive lake, diverse buildings and its tree-clad glen, the demesne, known as 'Woodlands' in the 19th century, was long the subject of lavish praise and admiration from tourists and travellers. As a writer in the Irish Penny Journal remarked in October 1840: ‘considered in connection with its beautiful demesne, [Luttrellstown] may justly rank as the finest aristocratic residence in the immediate vicinity of our metropolis.. in its natural beauties, the richness of its plantations and other artificial improvements, is without rival in our metropolitan county, and indeed is characterised by some features of such exquisite beauty as are rarely found in park scenery anywhere, and which are nowhere to be surpassed’.1 Fig 1. 'View on approaching Luttrellstown Park', drawn & aquatinted by Jonathan Fisher; published as plate 6 in Scenery -
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. -
The Law of Property
THE LAW OF PROPERTY SUPPLEMENTAL READINGS Class 14 Professor Robert T. Farley, JD/LLM PROPERTY KEYED TO DUKEMINIER/KRIER/ALEXANDER/SCHILL SIXTH EDITION Calvin Massey Professor of Law, University of California, Hastings College of the Law The Emanuel Lo,w Outlines Series /\SPEN PUBLISHERS 76 Ninth Avenue, New York, NY 10011 http://lawschool.aspenpublishers.com 29 CHAPTER 2 FREEHOLD ESTATES ChapterScope ------------------- This chapter examines the freehold estates - the various ways in which people can own land. Here are the most important points in this chapter. ■ The various freehold estates are contemporary adaptations of medieval ideas about land owner ship. Past notions, even when no longer relevant, persist but ought not do so. ■ Estates are rights to present possession of land. An estate in land is a legal construct, something apart fromthe land itself. Estates are abstract, figments of our legal imagination; land is real and tangible. An estate can, and does, travel from person to person, or change its nature or duration, while the landjust sits there, spinning calmly through space. ■ The fee simple absolute is the most important estate. The feesimple absolute is what we normally think of when we think of ownership. A fee simple absolute is capable of enduringforever though, obviously, no single owner of it will last so long. ■ Other estates endure for a lesser time than forever; they are either capable of expiring sooner or will definitely do so. ■ The life estate is a right to possession forthe life of some living person, usually (but not always) the owner of the life estate. It is sure to expire because none of us lives forever. -
Feudalism Manors
effectively defend their lands from invasion. As a result, people no longer looked to a central ruler for security. Instead, many turned to local rulers who had their Recognizing own armies. Any leader who could fight the invaders gained followers and politi- Effects cal strength. What was the impact of Viking, Magyar, and A New Social Order: Feudalism Muslim invasions In 911, two former enemies faced each other in a peace ceremony. Rollo was the on medieval head of a Viking army. Rollo and his men had been plundering the rich Seine (sayn) Europe? River valley for years. Charles the Simple was the king of France but held little power. Charles granted the Viking leader a huge piece of French territory. It became known as Northmen’s land, or Normandy. In return, Rollo swore a pledge of loyalty to the king. Feudalism Structures Society The worst years of the invaders’ attacks spanned roughly 850 to 950. During this time, rulers and warriors like Charles and Rollo made similar agreements in many parts of Europe. The system of governing and landhold- ing, called feudalism, had emerged in Europe. A similar feudal system existed in China under the Zhou Dynasty, which ruled from around the 11th century B.C.until 256 B.C.Feudalism in Japan began in A.D.1192 and ended in the 19th century. The feudal system was based on rights and obligations. In exchange for military protection and other services, a lord, or landowner, granted land called a fief.The person receiving a fief was called a vassal. -
The Court Leet of Prescot
THE COURT LEET OE PRESCOT. By I*. A. Bailey, .M.A. Read I t April, 193^. NCE a year, on the day following the feast of Corpus O Christi, a small company of gentlemen gathers at noon in the Court Room in Derby Street, Prescot, in obedience to a personal summons to appear as jurors at the Court of the Manor of Prescot, " there to enquire into such matters and things as shall be given you in charge and as to the same Courts do appertain." The meeting is presided over by the Deputy Steward, Mr. YV. A. Cross, who opens the proceedings with the following proclamation : " Oyez, Oyez, Oyez, " All manner of persons that owe suit and service t<> the View of Frank Pledge and Court Baron ol the Mannr of Present, answer to your names as you shall be called. " God save the Kinjj and the Lords ol the Manor." The Bailiff then calls the names, after which the jurors are solemnly sworn. The Deputy Steward proceeds to deliver his Charge to the Jury, nowadays of an informal character, and the meeting then elects from amongst its number certain officers, namely the Coroner, Treasurer of the Charities, the Four Men (two of whom are appointed solely by the Deputy Steward), two Hurley- men, two Aletasters, two Street Lookers, two Assessors of Fines, and two Superintendents of the Fire Brigade. When the meeting has been formally closed, the com pany makes its way to the old Town Hall in the Market Place, from the windows of which numerous pennies are 64 The Coiirt Leet of Present.