Copyhold
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Copyhold
Copyhold was a form of customary land ownership common from the Late Middle Ages into modern times in England. The name for this type of land tenure is derived from the act of giving a copy of the relevant title deed that is recorded in the manorial court roll to the tenant; not the actual land deed itself. The legal owner of the manor land remained the mesne lord, who was legally the ''copyholder'', according to the titles and customs written down in the manorial roll. In return for being given land, a copyhold tenant was required to carry out specific manorial duties or services. The specific rights and duties of copyhold tenants varied greatly from one manor to another and many were established by custom. By the 19th century, many customary duties had been replaced with the payment of rent. Copyhold was directly descended from the feudal system of villeinage which involved giving service and produce to the local lord in return for land. Although feudalism in England had ende ...
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Lord Of The Manor
Lord of the Manor is a title that, in Anglo-Saxon England, referred to the landholder of a rural estate. The lord enjoyed manorial rights (the rights to establish and occupy a residence, known as the manor house and demesne) as well as seignory, the right to grant or draw benefit from the estate. The title continues in modern England and Wales as a legally recognised form of property that can be held independently of its historical rights. It may belong entirely to one person or be a moiety shared with other people. A title similar to such a lordship is known in French as ''Sieur'' or , in German, (Kaleagasi) in Turkish, in Norwegian and Swedish, in Welsh, in Dutch, and or in Italian. Types Historically a lord of the manor could either be a tenant-in-chief if he held a capital manor directly from the Crown, or a mesne lord if he was the vassal of another lord. The origins of the lordship of manors arose in the Anglo-Saxon system of manorialism. Following the N ...
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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 post-Roman chieftains and Saxon monarchs, land was the dominant source of personal wealth. English land law transformed further from the Saxon days, particularly during the post-Norman Invasion feudal encastellation and the Industrial Revolution. As the political power of the 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 itself. The Greeks and the Romans of the republic were essentially nations of citizens; the Teutons were essentia ...
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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, signifying that they were hereditable or perpetual, or non-free where the tenancy 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 declared himself to be the sole allodial owner of the entire realm, that land tenures changed drastically. In William's kingdom the common exchange and sale of land became restricted and all landholders were made to provide a service to their lord ("'' no land without a lord''"). Norman reforms William stripped the land from those who opposed him and redist ...
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Manorial Roll
A manorial roll or court roll is the roll or record kept of the activities of a manorial court, in particular containing entries relating to the rents and holdings, deaths, alienations, and successions of the customary tenants or copyholders."court roll, n.". ''OED Online''. November 2010. Oxford University Press The records were invariably kept in roll form in the Middle Ages, but in the post-medieval period were more usually entered into volumes. Despite this change of format, the records often continued to be known as ''court rolls'', although the term ''court books'' is also found. The rolls record the meetings of the manorial court, either court leet or court baron, or views of frankpledge. Entries usually began with the date; a list of jurors (selected from the manor); and apologies and/or fines for those manorial tenants unable to attend the court. General matters such as a failure to maintain highways or gates are followed by specific items such as the death and inherita ...
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Manorial Roll
A manorial roll or court roll is the roll or record kept of the activities of a manorial court, in particular containing entries relating to the rents and holdings, deaths, alienations, and successions of the customary tenants or copyholders."court roll, n.". ''OED Online''. November 2010. Oxford University Press The records were invariably kept in roll form in the Middle Ages, but in the post-medieval period were more usually entered into volumes. Despite this change of format, the records often continued to be known as ''court rolls'', although the term ''court books'' is also found. The rolls record the meetings of the manorial court, either court leet or court baron, or views of frankpledge. Entries usually began with the date; a list of jurors (selected from the manor); and apologies and/or fines for those manorial tenants unable to attend the court. General matters such as a failure to maintain highways or gates are followed by specific items such as the death and inherita ...
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Heriot
Heriot, from Old English ''heregeat'' ("war-gear"), was originally a death-duty in late Anglo-Saxon England, which required that at death, a nobleman provided to his king a given set of military equipment, often including horses, swords, shields, spears and helmets. It later developed into a kind of tenurial feudal relief due from villeins. The equivalent term in French was ''droit du meilleur catel''. Etymology The word derives from Old English ''here-geatwa'', meaning the arms and equipment (''geatwa'') of a soldier or army (''here''). History Heriot was the right of a lord in feudal Europe to seize a serf's best horse, clothing, or both, upon his death. It arose from the tradition of the lord lending a serf a horse or armour or weapons to fight so that when the serf died the lord would rightfully reclaim his property. Payments of heriot are sometimes mentioned in the wills of West-Saxon nobles from the mid-tenth century onward (a case in question is that of Æthelmær). The ...
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Manorialism
Manorialism, also known as the manor system or manorial system, was the method of land ownership (or "tenure") in parts of Europe, notably France and later England, during the Middle Ages. Its defining features included a large, sometimes fortified manor house in which the lord of the manor and his dependents lived and administered a rural estate, and a population of labourers who worked the surrounding land to support themselves and the lord. These labourers fulfilled their obligations with labour time or in-kind produce at first, and later by cash payment as commercial activity increased. Manorialism is sometimes included as part of the feudal system. Manorialism originated in the Roman villa system of the Late Roman Empire, and was widely practiced in medieval western Europe and parts of central Europe. An essential element of feudal society, manorialism was slowly replaced by the advent of a money-based market economy and new forms of agrarian contract. In examining the o ...
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Mesne Lord
A mesne lord () was a lord in the feudal system who had vassals who held land from him, but who was himself the vassal of a higher lord. Owing to ''Quia Emptores'', the concept of a mesne lordship technically still exists today: the partitioning of the lord of the manor's estate among co-heirs creating the mesne lordships. In an English court of law in 1863 it was claimed that "the lord of the mesne manor pays a rent to a superior lord and that rent empowers him to receive chief rents from certain farms". A mesne lord did not hold land directly of the king, that is to say he was not a tenant-in-chief. His subinfeudated estate was called a "mesne estate" or ''Afterlehen'' in the Holy Roman Empire. Traditionally, he is a lord of the manor who holds land from a superior lord and who usually lets some of the land to a tenant. He was thus an intermediate or "middle" tenant, which status is reflected in the Old French word ''mesne'', in the modern French language ''moyen''. The mes ...
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Ultimogeniture
Ultimogeniture, also known as postremogeniture or junior right, is the tradition of inheritance by the last-born of a privileged position in a parent's wealth or office. The tradition has been far rarer historically than primogeniture (sole inheritance by the first-born) or partible inheritance (division of the estate among the children). Advantages and disadvantages Ultimogeniture might be considered appropriate in circumstances in which the youngest child had been assigned the role of "keeping the hearth", taking care of the parents and continuing at home, and elder children had had time and opportunity to succeed in the world and provide for themselves. In a variation on the system, elder children might have received a share of land and moveable property at a younger age such as by marrying and founding their own family. Ultimogeniture might also be considered appropriate for the estates of elderly rulers and property owners, whose children were likely to be mature adults. Th ...
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Villein
A villein, otherwise known as ''cottar'' or ''crofter'', is a serf tied to the land in the feudal system. Villeins had more rights and social status than those in slavery, but were under a number of legal restrictions which differentiated them from the freeman. Etymology Villein was a term used in the feudal system to denote a peasant (tenant farmer) who was legally tied to a lord of the manor – a villein in gross – or in the case of a villein regardant to a manor. Villeins occupied the social space between a free peasant (or "freeman") and a slave. The majority of medieval European peasants were villeins. An alternative term is serf, despite this originating from the Latin , meaning "slave". A villein was thus a bonded tenant, so he could not leave the land without the landowner's consent. Villein is derived from Late Latin ''villanus'', meaning a man employed at a Roman villa rustica, or large agricultural estate. The system of tied serfdom originates fro ...
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Freehold (law)
In common law jurisdictions such as England and Wales, Australia, Canada, and Ireland, a freehold is the common mode of ownership of real property, or land, and all immovable structures attached to such land. It is in contrast to a leasehold, in which the property reverts to the owner of the land after the lease period expires or otherwise lawfully terminates. For an estate to be a freehold, it must possess two qualities: immobility (property must be land or some interest issuing out of or annexed to land) and ownership of it must be forever ("of an indeterminate duration"). If the time of ownership can be fixed and determined, it cannot be a freehold. It is "An estate in land held in fee simple, fee tail or for term of life." The default position subset is the perpetual freehold, which is "an estate given to a grantee for life, and then successively to the grantee's heirs for life." England and Wales Diversity of freeholds before 1925 In England and Wales, before the Law of Prope ...
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Will And Testament
A will or testament is a legal document that expresses a person's (testator) wishes as to how their property ( estate) is to be distributed after their death and as to which person ( executor) is to manage the property until its final distribution. For the distribution (devolution) of property not determined by a will, see inheritance and intestacy. Though it has at times been thought that a "will" historically applied only to real property while "testament" applied only to personal property (thus giving rise to the popular title of the document as "last will and testament"), the historical records show that the terms have been used interchangeably. Thus, the word "will" validly applies to both personal and real property. A will may also create a testamentary trust that is effective only after the death of the testator. History Throughout most of the world, the disposition of a dead person's estate has been a matter of social custom. According to Plutarch, the written will was ...
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