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Frankalmoin
Frank almoin, frankalmoign or frankalmoigne () was one of the feudal land tenures in feudal England whereby an ecclesiastical body held land free of military service such as knight service or other secular or religious service (but sometimes in return for the religious service of saying prayers and masses for the soul of the grantor). Secular service not due, and in the 12th and 13th centuries, jurisdiction over land so held belonged to the ecclesiastical courts and was thus immune from royal jurisdiction. In English law, frankalmoign(e) was also known as "tenure in free alms". Gifts to religious institutions in free alms were defined first as gifts to God, then to the patron saint of the religious house and finally to those religious serving God in the specific house. The following example is from a charter of William de Vernon, 5th Earl of Devon (d.1217), to Quarr Abbey: As the above example makes clear it was a freehold tenure as it was held in perpetual possession, which ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Assize Of Utrum
The Statutes of Mortmain were two enactments, in 1279 (, 7 Edw. 1) and 1290 (, 18 Edw. 1), passed in the reign of Edward I of England, aimed at preserving the kingdom's revenues by preventing land from passing into the possession of the Church. Possession of property by a corporation such as the Church was known as mortmain, literally "dead hand". In medieval England, feudal estates generated taxes for the King (known as feudal ''incidents''), principally on the grant or inheritance of the estate. If an estate became owned by a religious corporation which could never die, could never attain majority, and could never be attainted for treason, these taxes never became payable. It was akin to the estates being owned by the dead, hence the term. The Statutes of Mortmain were meant to re-establish the prohibition against donating land to the Church for the purpose of avoiding feudal services, a prohibition which had originated in in 1215 and was specifically defined in its 1217 iss ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Quia Emptores
is a statute passed by the Parliament of England in 1290 during the reign of Edward I of England, Edward I that prevented Tenement (law), tenants from Alienation (property law), alienating (transferring) their lands to others by subinfeudation, instead requiring all tenants who wished to alienate their land to do so by substitution. The statute, along with its companion statute ''Quo warranto, Quo Warranto'' also passed in 1290, was intended to remedy land ownership disputes and consequent financial difficulties that had resulted from the decline of the traditional feudalism, feudal system in England during the High Middle Ages. The name derives from the Incipit, first two words of the statute in its original mediaeval Latin, which can be translated as "because the buyers". Its Short and long titles, long title is A Statute of our Lord The King, concerning the Selling and Buying of Land. It is also cited as the Statute of Westminster III, one of Statute of Westminster (disamb ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
History Of English Land Law
The history of English land law can be traced back to Roman times. Throughout the Early Middle Ages, where England came under rule of sub-Roman Britain, post-Roman chieftains and Anglo-Saxon royal genealogies, Anglo-Saxon monarchs, land was the dominant source of personal wealth. English land law transformed further from the Anglo-Saxon days, particularly during the post-Norman Invasion feudal encastellation and the Industrial Revolution. As the political power of the Landed gentry, landed aristocracy diminished and modern legislation increasingly made land a social form of wealth, subject to extensive social regulation such as for housing, national parks and agriculture. Roman law The division into real and personal is coincident to a great extent with that into immovable and movable, generally used by systems of law founded on the Roman (see Personal Property.) That it is not entirely coincident is due to the influence of the Roman Law, Roman law itself. The Greeks and the Anc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Feudal Duties
Feudal duties were the set of reciprocal financial, military and legal obligations among the warrior nobility in a feudal system. Translated into English by Philip Grierson as ''Feudalism'', 1st ed., London, 1952. These duties developed in both Europe and Japan with the decentralisation of empire and due to lack of monetary liquidity, as groups of warriors took over the social, political, judicial, and economic spheres of the territory they controlled. While many feudal duties were based upon control of a parcel of land and its productive resources, even landless knights owed feudal duties such as direct military service in their lord's behest. Feudal duties were not uniform over time or across political boundaries, and in their later development also included duties from and to the peasant population, such as abergement. Feudal duties ran both ways, both up and down the feudal hierarchy; however, aside from distribution of land and maintenance of landless retainers, the main ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Socage
Socage () was one of the feudal duties and land tenure forms in the English feudal system. It eventually evolved into the freehold tenure called "free and common socage", which did not involve feudal duties. Farmers held land in exchange for clearly defined, fixed payments made at specified intervals to feudal lords. In turn, the lord was obligated to provide certain services, such as protection, to the farmer and other duties to the Crown. Payments usually took the form of cash, but occasionally could be made with goods. Socage contrasted with other forms of tenure, including serjeanty, frankalmoin and knight-service. The English statute ''Quia Emptores'' of Edward I (1290) established that socage tenure which passed from one generation or nominee to the next would be subject to inquisitions post mortem, which would usually involve a feudal relief tax. This contrasts with the treatment of leases, which could be lifelong or readily subject to forfeiture and rent increas ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Feudal Land Tenure
Under the English feudal system several different forms of land tenure existed, each effectively a contract with differing rights and duties attached thereto. Such tenures could be either free-hold if they were hereditable or perpetual or non-free if they terminated on the tenant's death or at an earlier specified period. High medieval period In England's ancient past large parts of the realm were unoccupied and owned as allodial titles: the landowners simply cooperated with the king out of a mutual interest instead of legal obligation. It was not until the Norman Conquest, when William the Conqueror William the Conqueror (Bates ''William the Conqueror'' p. 33– 9 September 1087), sometimes called William the Bastard, was the first Norman king of England (as William I), reigning from 1066 until his death. A descendant of Rollo, he was D ... declared himself to be the sole allodial owner of the entire realm, that land tenures changed drastically. In William's kingdom th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Commentary Upon Littleton
Commentary or commentaries may refer to: Publications * ''Commentary'' (magazine), a U.S. public affairs journal, founded in 1945 and formerly published by the American Jewish Committee * Caesar's Commentaries (other), a number of works attributed to Julius Caesar * ''Commentaries'' of Ishodad of Merv, set of ninth-century Syriac treatises on the Bible * ''Commentaries on the Laws of England'', a 1769 treatise on the common law of England by Sir William Blackstone * '' Commentaries on Living'', a series of books by Jiddu Krishnamurti originally published in 1956, 1958 and 1960 * ''Moralia in Job'', a sixth-century treatise by Saint Gregory * ''Commentary of Zuo'', one of the earliest Chinese works of narrative history, covering the period from 722 to 468 BCE * ''Commentaries'', a work attributed to Taautus Religions *Atthakatha, commentaries on the Pāli Canon in Theravāda Buddhism **Sub-commentaries (Theravāda), commentaries on the commentaries on the Pali Canon ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Real Property Law
Property law is the area of law that governs the various forms of ownership in real property (land) and personal property. Property refers to legally protected claims to resources, such as land and personal property, including intellectual property. Property can be exchanged through contract law, and if property is violated, one could sue under tort law to protect it. The concept, idea or philosophy of property underlies all property law. In some jurisdictions, historically all property was owned by the monarch and it devolved through feudal land tenure or other feudal systems of loyalty and fealty. Theory The word ''property'', in everyday usage, refers to an object (or objects) owned by a person—a car, a book, or a cellphone—and the relationship the person has to it. In law, the concept acquires a more nuanced rendering. Factors to consider include the nature of the object, the relationship between the person and the object, the relationship between a number of people in r ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Henry De Bracton
Henry of Bracton (c. 1210 – c. 1268), also known as Henry de Bracton, Henricus Bracton, Henry Bratton, and Henry Bretton, was an English cleric and jurist. He is famous now for his writings on law, particularly ''De legibus et consuetudinibus Angliæ'' ("On the Laws and Customs of England"), and his ideas on ''mens rea'' (criminal intent). According to Bracton, it was only through the examination of a combination of action and intention that the commission of a criminal act could be established. He also wrote on kingship, arguing that a ruler should be called king only if he obtained and exercised power in a lawful manner. In his writings, Bracton manages to set out coherently the law of the royal courts through his use of categories drawn from Roman law, thus incorporating into English law several developments of medieval Roman law. Life Plucknett describes Bracton in this way: "Two generations after Ranulf de Glanvill we come to the flower and crown of English jurispr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Frank-marriage
Frank-marriage, ''maritagium'' or ''liberum maritagium'' was a form of conditional marriage-gift of land under English law, often from father to daughter. It was classed as a type of fee tail. In early medieval England land could be given to a bride on her marriage with the intent that it should descend to the children of the marriage to help set up the new family. Since land given in fee absolute (outright) was at risk of ultimately passing to collateral heirs or being sold or given away ( alienation), it was common practice to ensure that the land remained with the direct heirs by giving it instead in frank-marriage (''in liberum maritagium''). Under this system, the donor's daughter and later the children of the marriage would hold the land for three generations free of all feudal services, with the donor or his heirs being able to recover it in the event that the direct family line ended during that period. If the family line survived for three generations, the land would c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Administration Of Estates Act 1925
The Administration of Estates Act 1925 ( 15 & 16 Geo. 5. c. 23) is an act of the Parliament of the United Kingdom that consolidated, reformed, and simplified the rules relating to the administration of estates in England and Wales. Principal reforms Section 2 of the act extended all authority that a personal representative had with respect to chattels real (such as fixtures) to cover any matter dealing with real estate . Section 45 of the act abolished the following, respect to the property of any estate (excepting entailed interests): * all existing rules of descent (whether arising from the common law, custom, gavelkind, Borough English or otherwise) * tenancy by the curtesy and any other estate a husband may have where his wife dies intestate * dower, freebench and any other estate a wife may have where her husband dies intestate * escheat to the Crown, the Duchy of Lancaster, the Duchy of Cornwall, or to a mesne lord Section 46 of the act replaced the rul ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tenures Abolition Act 1660
The Tenures Abolition Act 1660 ( 12 Cha. 2. c. 24), sometimes known as the Statute of Tenures, was an act of the Parliament of England which changed the nature of several types of feudal land tenure in England. The long title of the act was ''An Act away the Court of Wards and Liveries, and Tenures in Capite, and by Knights-service, and Purveyance, and for settling a Revenue upon his Majesty in Lieu thereof''. Passed by the Convention Parliament in 1660, shortly after the English Restoration, the act replaced various types of military and religious service that tenants owed to the Crown with socage, and compensated the monarch with an annual fixed payment of £100,000 to be raised by means of a new tax on alcohol. ( Frankalmoin, copyhold, and certain aspects of grand serjeanty were excluded.) It completed a process that had begun in 1610 during the reign of James I with the proposal of the Great Contract. The act made constitutional gestures to reduce feudalism and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
