DOCSLIB.ORG

Chap. 5.] ANCIEINT ENGLISH TENURES

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Chap. 5.] ANCIEINT ENGLISH TENURES Chap. 5.] ANCIEINT ENGLISH TENURES. CHAPTER V. OF THE ANCIENT ENGLISH TENURES. Ix this chapter we shall take a short view of the ancient tenures of our English estates, or the manner in which lands, tenements, and hereditaments, might have been holden, as the same stood in force, till the middle of the last century. In which we shall easily perceive, that all the particularities, all the seeming and real hardships, that attended those tenures, were to be accounted for upon feudal principles and no other; being fruits of, and deduced from, the feudal policy. Almost all the real property of this kingdom is, by the policy of our laws, supposed to be granted by, dependent upon, and holden of, some superior lord, by and in consideration of certain services to be rendered to the lord by the tenant or possessor of this property. The thing holden is therefore styled a tenement, the possessors thereof tenants, and the manner of their possession a tenure. Thus all the land in the kingdom is supposed to be holden, mediately or immediately, of the king, who is styled the lord paramount,or above all. Such tenants as held under the king immediately, when they granted out portions of their lands to inferior persons, became also lords with respect to those inferior persons, as they were still tenants with respect to the king: (1) and, thus partaking of a middle nature, were called mesne, or middle, lords. So that if the king granted a manor to A, and he granted a portion of the land to B, now B was said to hold *of A, and A of the king; or, in other words, B held [*60] his lands immediately of A, but mediately of the king. The king there- fore was styled lord paramount; A was both tenant and lord, or was a mesne lord: and B was called tenant Paravail,or the lowest tenant; being he who was supposed to make avail, or profit of the land.(a) In this manner are all the lands of the kingdom holden, which are in the hands of subjects: for, according to Sir Edward Coke,(b) in the law of England we have not properly allodium; which, we have seen,(c) is the name by which the feudists abroad distinguish such estates of the subject, as are not holden of any superior. So that at the first glance we may observe, that our lands are either plainly feuds, or partake very strongly of the feudal nature!- All tenures being thus derived, or supposed to be derived, from the king, those that held immediately under him, in right of his crown and dignity, were called his tenants in capite, or in chief; which was the most honourable species of tenure, but at the same time subjected the tenants to greater and more burthensome services, than inferior tenures did.(d) This distinction ran through all the different sorts of tenure, of which I now proceed to give an account. I. There seems to have subsisted among our ancestors four principal species of lay tenures, to which all others may be reduced: the grand criteria of which were the natures of the several services or renders, that were due to the lords from their tenants. The services, in respect of their quality, were either free or base services; in respect of their quantity and the time of exacting them, were either certain or uncertain. Free services were such as were not unbecoming the character of a soldier or a freeman to perform ; *as to serve under his lord in the wars, to pay a sum of money, and the like. Base services were [*61] (a) 2 Inst. 296. (b) 1 Inst. 1. (c) Page 47. (d) In the Germanic constitution, the electors the bishops, the secular princes, the imperial cities, &c., which hold directly from the emperor, are called the immediate states of the empire; all other landholders being denominated mediate ones. Mod. Un. Hist. xliii. 61. (1) [William the First, and other feudal sovereigns, though they made large and numerous grants of lands, always reserved a rent, or certain annual payments (commonly very trifling), which were collected by the sheriffs of the counties in which the lands lay, to show that theK still retained the dominium diremtum in themselves. Madox Hist. Exch. c. 10; Craig, de Fe 1. 1, c. 9.] ANCIENT ENGLISH TE:NURES. [Book II. such as were fit only for peasants or persons of a servile rank; as to plough the lord's land, to make his hedg~s, to carry out his dung, or other mean employ- ments. The certain services, whether free or base, were such as were stinted in quantity, and could not be exceeded on any pretence; as, to pay a stated annual rent, or to plough such a field for three days. The uncertain depended upon unknown contingencies; as, to do military service in person, or pay an assess- ment in lieu of it, when called upon; or to wind a horn whenever the Scots invaded the realm; which are free services: or to do whatever the lord should command; which is a base or villein service. From the various combinations of these services have arisen the four kinds of lay tenure which subsisted in England till the middle of the last century; and three of which subsist to this day. Of these Bracton (who wrote under Henry the Third) seems to give the clearest and most compendious account, of any author ancient or modern; (e) of which the following is the outline or abstract. (f) "Tenements are of two kinds, franc-tenement and villenage. And, of frank-tenements, some are held freely in consideration of homage and knight -service; others in free-socage with the service of fealty only." And again, (g) "of villenages some are pure, and others privileged. He that holds in pure villenage shall do whatever is commanded him, and always be bound to an uncertain service. The other kind of villenage is called villein-socage; and these villein-solmen dovillein services, but such as are certain and determined." Of which the sense seems to be as follows: first, where the service wasfree but uncertain, as military service with homage, that tenure was called the tenure [*g] i *chivalry, per servitium militare, or by knight-service. Secondly, re the service was not only free, but also certain, as by fealty only, by rent and fealty, &c., that tenure was called liberum socagium, or free socage. These were the only free holdings or tenements; the others were villenous or servile, as thirdly, where the service was base in its nature and uncertain as to time and quantity, the tenure was purm villenagium, absolute or pure ville- nage. Lastly, where the service was base in its nature, but reduced to a cer- tainty, this was still villenage, but distinguished from the other by the name of privileged villenage, villenagiumr privilegiaturn;or it might still be called socage (from the certainty of its services), but degraded by their baseness into the iiiferior title of villanurn socagiurn, villein-socage. I. The first, most universal, and esteemed the most honourable species of tenure, was that by knight-service, called in Latin servitium militare; and in law French, chivalry, or service de chivaler, answering to the fief d'haubert of the Normans, (h) which name is expressly given it by the Mirrour. (i) This differed in very few points, as we shall presently see, from a pure and proper feud, being entirely military, and the general effect of the feudal establishment in England. To make a tenure by knight-service, a determinate quantity of land was necessary, which was called a knight's fee, feodum militare; the meas- ure of which in 3 Edw. I, was estimated at twelve ploughlands, (k) and its value (though it varied with the times) (1) in the reigns of Edward I and Edward II, (m)was stated at 201. per annum.(2) And he who held this proportion of land (e) L. 4, tr. 1, e.28. (f) Tenementorum aliud liberum, aliud villenagitum. Item, liberorum aliud tenetur liberepro homagio et servitio militi, aliud in liberosocaffio cum fidelitate tantum. j 1. (y) Vilenagiorum aliudparum, aliud privilegiatum. Qui tenet in puro villenagiofacietquicquid ei prmceeptum fue7it, et semper tenebitur ad incerta. Aliud genus villenagii dtitur villanum socagium: et hujusmodi villani eocmanni-villanafacuntservitia, sed certa, et determinata. § 5. (h) Spelm. Gloss. 219. (i)C. 2, 27. (k) Pasch. 8 Edw. I. Co. Litt.69. (1) 2 Inst. 596. (n) Stat. Westm. 1,c. 36. Stat. de milit.1 Edw. II. Co. Litt. 69. (2) Mr. Justice Coleridge is of the opinion that the fluctuation in the value of knight's fees was so uncertain and extraordinary that it could not be accounted for by any change in the times. With regard to the extent, he has no hesitation in assenting to the doctrine that it varied with the goodness of the land; at the same time the measure might be the same, as twelve plough lands of rich soil would contain a less space than the same number in a lighter and less productive soil. There might therefore be always the same number of plough lands though the number of acres might vary; nor is it at all inconsistent with this that there might be appendant to the plough lands wood, meadow and pasture, for the arable land was the 368 Chap. 5.] ANCrENT ENGLISH TENURES. 62 (or a whole fee) by knight-service, was bound to attend his lord to the wars for forty days in every year, if called upon; (n) which attendance was his reditus or return, his rent or service for the land he claimed to hold.
Load more

Recommended publications
  • 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).
    [Show full text]
  • Maternity's Wards: Investigations of Sixteenth Century Patterns of Maternal Gaurdianship
    Utah State University DigitalCommons@USU History Graduate Studies 2003 Maternity's Wards: Investigations Of Sixteenth Century Patterns Of Maternal Gaurdianship Liz Woolcott Utah State University Follow this and additional works at: https://digitalcommons.usu.edu/etd_history Part of the History of Gender Commons, and the Women's History Commons Recommended Citation Woolcott, Liz, "Maternity's Wards: Investigations Of Sixteenth Century Patterns Of Maternal Gaurdianship" (2003). History. 1. https://digitalcommons.usu.edu/etd_history/1 This Thesis is brought to you for free and open access by the Graduate Studies at DigitalCommons@USU. It has been accepted for inclusion in History by an authorized administrator of DigitalCommons@USU. For more information, please contact [email protected]. MATERNITY'S WARDS: INVESTIGATIONS OF SIXTEENTH CENTURY PATTERNS OF MATERNAL GUARDIANSHIP by Elizabeth B. W oolcott A thesis submitted in partial fulfillment of the requirements for the degree of MASTER OF ARTS In HISTORY Approved: Dr. Norman Jones D~. Robert ijueller Major Professor Committee Member . Dr.,Nancy~~ V :m?fflo-;nas L. Ke~;· Committee~ber Dean of Graduate Studies UTAH STATE UNIVERSITY Log~ Utah 2003 11 Copyright © Elizabeth B. Woolcott 2003 All Rights Reserved 111 ABSTRACT Maternity' s Wards: Investigations Of Sixteenth Century Patterns of Maternal Guardianship by Elizabeth B. Woolcott, Master of Arts Utah State University, 2003 Major Professor: Dr. Nonnan Jones Department: History Grants of wardship, by the time of the Tudor period in England, had evolved into an institution divorced from its feudal foundation but committed to maintaining a goal of economic profit. Mixed with a pronounced responsibility of the monarch to care for the unprotected children of deceased feudatories, this goal compromised the practice of wardship grants and created a bureaucracy whose sole policy was patronage.
    [Show full text]
  • 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.
    [Show full text]
  • 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.
    [Show full text]
  • King John's Tax Innovation -- Extortion, Resistance, and the Establishment of the Principle of Taxation by Consent Jane Frecknall Hughes
    View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by eGrove (Univ. of Mississippi) Accounting Historians Journal Volume 34 Article 4 Issue 2 December 2007 2007 King John's tax innovation -- Extortion, resistance, and the establishment of the principle of taxation by consent Jane Frecknall Hughes Lynne Oats Follow this and additional works at: https://egrove.olemiss.edu/aah_journal Part of the Accounting Commons, and the Taxation Commons Recommended Citation Hughes, Jane Frecknall and Oats, Lynne (2007) "King John's tax innovation -- Extortion, resistance, and the establishment of the principle of taxation by consent," Accounting Historians Journal: Vol. 34 : Iss. 2 , Article 4. Available at: https://egrove.olemiss.edu/aah_journal/vol34/iss2/4 This Article is brought to you for free and open access by the Archival Digital Accounting Collection at eGrove. It has been accepted for inclusion in Accounting Historians Journal by an authorized editor of eGrove. For more information, please contact [email protected]. Hughes and Oats: King John's tax innovation -- Extortion, resistance, and the establishment of the principle of taxation by consent Accounting Historians Journal Vol. 34 No. 2 December 2007 pp. 75-107 Jane Frecknall Hughes SHEFFIELD UNIVERSITY MANAGEMENT SCHOOL and Lynne Oats UNIVERSITY OF WARWICK KING JOHN’S TAX INNOVATIONS – EXTORTION, RESISTANCE, AND THE ESTABLISHMENT OF THE PRINCIPLE OF TAXATION BY CONSENT Abstract: The purpose of this paper is to present a re-evaluation of the reign of England’s King John (1199–1216) from a fiscal perspective. The paper seeks to explain John’s innovations in terms of widening the scope and severity of tax assessment and revenue collection.
    [Show full text]
  • Trial by Battle*
    Trial by Battle Peter T. Leesony Abstract For over a century England’s judicial system decided land disputes by ordering disputants’legal representatives to bludgeon one another before an arena of spectating citizens. The victor won the property right for his principal. The vanquished lost his cause and, if he were unlucky, his life. People called these combats trials by battle. This paper investigates the law and economics of trial by battle. In a feudal world where high transaction costs confounded the Coase theorem, I argue that trial by battle allocated disputed property rights e¢ ciently. It did this by allocating contested property to the higher bidder in an all-pay auction. Trial by battle’s “auctions” permitted rent seeking. But they encouraged less rent seeking than the obvious alternative: a …rst- price ascending-bid auction. I thank Gary Becker, Omri Ben-Shahar, Peter Boettke, Chris Coyne, Ariella Elema, Lee Fennell, Tom Ginsburg, Mark Koyama, William Landes, Anup Malani, Jonathan Masur, Eric Posner, George Souri, participants in the University of Chicago and Northwestern University’s Judicial Behavior Workshop, the editors, two anonymous reviewers, and especially Richard Posner and Jesse Shapiro for helpful suggestions and conversation. I also thank the Becker Center on Chicago Price Theory at the University of Chicago, where I conducted this research, and the Mercatus Center at George Mason University. yEmail: [email protected]. Address: George Mason University, Department of Economics, MS 3G4, Fairfax, VA 22030. 1 “When man is emerging from barbarism, the struggle between the rising powers of reason and the waning forces of credulity, prejudice, and custom, is full of instruction.” — Henry C.
    [Show full text]
  • Taxation and Voting Rights in Medieval England and France
    TAXATION AND VOTING RIGHTS IN MEDIEVAL ENGLAND AND FRANCE Yoram Barzel and Edgar Kiser ABSTRACT We explore the relationship between voting rights and taxation in medieval England and France. We hypothesize that voting was a wealth-enhancing institution formed by the ruler in order to facili- tate pro®table joint projects with subjects. We predict when voting rightsand tax paymentswill be linked to each other, as well asto the projectsinducing them, and when they will become separated. We classify taxes into three types: customary, consensual and arbitrary. Customary taxes that did not require voting were dominant in both countriesin the early medieval period. Thesepay- ments, ®xed for speci®c purposes, were not well suited for funding new, large-scale projects. Consensual taxation, in which voting rightsand tax paymentswere tightly linked, wasusedto ®nance new, large-scale collective projects in both England and France. Strong rule-of-law institutions are necessary to produce such taxes. In England, where security of rule remained high, the rela- tionship between tax payments and voting rights was maintained. In France, an increase in the insecurity of rule, and the accompany- ing weakening of voting institutions, produced a shift to arbitrary taxation and a disjunction between tax payments and voting rights. These observations, as well as many of the details we con- sider, are substantially in conformity with the predictions of our model. KEY WORDS . medieval history . taxation . voting Introduction The relationship between taxation and voting rights has been a central issue in political philosophy and the cause of signi®cant poli- tical disputes, as `no taxation without representation' exempli®es.
    [Show full text]
  • Farwell to Feudalism
    Burke's Landed Gentry - The Kingdom in Scotland This pdf was generated from www.burkespeerage.com/articles/scotland/page14e.aspx FAREWELL TO FEUDALISM By David Sellar, Honorary Fellow, Faculty of Law, University of Edinburgh "The feudal system of land tenure, that is to say the entire system whereby land is held by a vassal on perpetual tenure from a superior is, on the appointed day, abolished". So runs the Sixth Act to be passed in the first term of the reconvened Scottish Parliament, The Abolition of Feudal Tenure etc (Scotland) Act 2000. The Act is welcome. By the end of the second millennium the feudal system had long outlived its usefulness, even as a legal construct, and had few, if any defenders. As the Scottish Law Commission commented in 1999, "The main reason for recommending the abolition of the feudal system of land tenure is that it has degenerated from a living system of land tenure with both good and bad features into some-thing which, in the case of many but not all superiors, is little more than an instrument for extracting money". The demise of feudalism brings to an end a story which began almost a thousand years ago, and which has involved all of Scotland's leading families. In England the advent of feudalism is often associated with the Norman Conquest of 1066. That Conquest certainly marked a new beginning in landownership which paved the way for the distinctive Anglo-Norman variety of feudalism. There was a sudden and virtually clean sweep of the major landowners. By the date of the Domesday Survey in 1086, only two major landowners of pre-Conquest vintage were left south of the River Tees holding their land direct of the crown: Thurkell of Arden (from whom the Arden family descend), and Colswein of Lincoln.
    [Show full text]
  • This Electronic Thesis Or Dissertation Has Been Downloaded from the King’S Research Portal At
    This electronic thesis or dissertation has been downloaded from the King’s Research Portal at https://kclpure.kcl.ac.uk/portal/ The Honour of Wallingford, 1066-1300 Tilley, Christopher Awarding institution: King's College London The copyright of this thesis rests with the author and no quotation from it or information derived from it may be published without proper acknowledgement. END USER LICENCE AGREEMENT Unless another licence is stated on the immediately following page this work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International licence. https://creativecommons.org/licenses/by-nc-nd/4.0/ You are free to copy, distribute and transmit the work Under the following conditions: Attribution: You must attribute the work in the manner specified by the author (but not in any way that suggests that they endorse you or your use of the work). Non Commercial: You may not use this work for commercial purposes. No Derivative Works - You may not alter, transform, or build upon this work. Any of these conditions can be waived if you receive permission from the author. Your fair dealings and other rights are in no way affected by the above. Take down policy If you believe that this document breaches copyright please contact [email protected] providing details, and we will remove access to the work immediately and investigate your claim. Download date: 25. Sep. 2021 This electronic theses or dissertation has been downloaded from the King’s Research Portal at https://kclpure.kcl.ac.uk/portal/ The Honour of Wallingford, 1066-1300 Title: Author: Christopher Tilley The copyright of this thesis rests with the author and no quotation from it or information derived from it may be published without proper acknowledgement.
    [Show full text]
  • 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.
    [Show full text]
  • GLOSSARY for Principles of Title Insurance
    1 GLOSSARY The following materials represent a glossary of commonly used real estate terms reprinted, in part, from the First American Title Insurance Company Underwriting Library (with permission). This originally appeared in the first edition of “Principles of Title Insurance – Tennessee” and is reposted via a link in the second edition of that publication. A.L.T.A. American Land Title Association. Organization composed of title insurance firms which sets standards for the industry, including title insurance forms used on a national basis. ABATEMENT A reduction, a decrease, or a diminution. The suspension or cessation, in whole or in part, of a continuing charge, such as rent. ABSTRACT A brief summary of the important points of a given instrument. ABSTRACT CONTINUATION (Also known as abstract extension and also as supplemental abstract.) A partial abstract beginning at the terminal date of an existing abstract and showing instruments recorded between such terminal date and a subsequent date. ABSTRACT OF TITLE A summary of transactions affecting the title to a piece of land. ABUT To touch or border upon. A piece of land bordering on a street or an adjoining piece of property is said to abut such street or property. ACCELERATION CLAUSE A note, bond or other credit agreement clause advancing the date of maturity of a Deed of Trust or mortgage upon the happening of a certain event. ACCESS RIGHT Landowner's right to have ingress and egress from landowner's property to a public street. ACCOMMODATION An obligation assumed without consideration. ACCOMMODATION RECORDING The recordation of an instrument without an assumption of responsibility for the correctness or validity of the instrument.
    [Show full text]
  • 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 • • • •
    [Show full text]