Socage
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Socage
Socage () was one of the feudal duties and land tenure forms in the Feudalism, 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. The lord was therefore 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 England and Wales, English statute ''Quia Emptores'' of Edward I of England, Edward I (1290) established that socage tenure 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 Leasehold estate, leases, which could be lif ...
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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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Quia Emptores
''Quia Emptores'' is a statute passed by the Parliament of England in 1290 during the reign of Edward I that prevented tenants from alienating 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'' also passed in 1290, was intended to remedy land ownership disputes and consequent financial difficulties that had resulted from the decline of the traditional feudal system in England during the High Middle Ages. The name ''Quia Emptores'' derives from the first two words of the statute in its original mediaeval Latin, which can be translated as "because the buyers". Its 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 many English and British statutes with that title. Prior to the passage of ''Quia Emptores'', tenants could either subinfeudate ...
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Tenures Abolition Act 1660
The Tenures Abolition Act 1660 (12 Car 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 for taking 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''. This Act was partly in force in Great Britain at the end of 2010, though only section 4: 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 ...
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Statute Of Tenures
The Tenures Abolition Act 1660 (12 Car 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 for taking 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''. This Act was partly in force in Great Britain at the end of 2010, though only section 4: 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 ...
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Serjeanty
Under feudalism in France and England during the Middle Ages, tenure by serjeanty () was a form of tenure in return for a specified duty other than standard knight-service. Etymology The word comes from the French noun , itself from the Latin , "serving", the present participle of the verb , "to keep, preserve, save, rescue, deliver". "Sergeant" is derived from the same source, though developing an entirely different meaning. Origins and development Serjeanty originated in the assignation of an estate in land on condition of the performance of a certain duty other than knight-service, usually the discharge of duties in the household of the king or a noble. It ranged from non-standard service in the king's army (distinguished only by equipment from that of the knight), to petty renders (for example the rendering of a quantity of basic food such as a goose) scarcely distinguishable from those of the rent-paying tenant or socager. The legal historians Frederick Pollock and Freder ...
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Dienstmann
A ''Dienstmann'' (plural: ''Dienstleute'' or, in Austria, ''Dienstmänner'') was a medieval retainer or vassal and, later, a hired man, in German-speaking countries, particularly in Austria until the first half of the 20th century. Usage The term ''Dienstmann'' first surfaced in the Middle Ages as a Germanicization of the Latin word ministerialis, for men, who served at a court and, in the course of time, were raised to be armigers with a social status similar to that of free knights (''Ritter''). However the term ''Dienstmann'' could also refer to men who were obliged to pay duties or render socage to their liege lords a ''socager'', or ''socman''. Unlike ministeriales, they held a lower social rank equivalent to the English serf.Bachrach, Bernard S. "Charlemagne and the Carolingian General Staff" Journal of Military History 66, no. 2 (2002) p. 316-7 Later, the term described was used to describe a hired man who, in public service or in a private household, was contracted to ...
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Soke (legal)
__NOTOC__ The term ''soke'' (; in Old English: ', connected ultimately with ', "to seek"), at the time of the Norman conquest of England, generally denoted "jurisdiction", but its vague usage makes it probably lack a single, precise definition. Anglo-Saxon origins The phrase 'Sac and soc' was used in early English for the right to hold a courtG. M. Trevelyan, ''History of England'' (London 1926) p. 92 (the primary meaning of 'soc' seems to have involved ''seeking''; thus ''soka faldae'' was the duty of seeking the lord's court, just as ' was the duty of seeking the lord's mill). According to many scholars, such as Frank Stenton, Stenton and H. P. R. Finberg, Finberg, "... the Danelaw was an especially ‘free’ area of Britain because the rank and file of the Danish armies, from whom sokemen were descended, had settled in the area and imported their own social system." Royal grants of sac and soc are seen by historians like Paul Vinogradoff, Vinogradoff as opening the way for th ...
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Leasehold Estate
A leasehold estate is an ownership of a temporary right to hold land or property in which a lessee or a tenant holds rights of real property by some form of title from a lessor or landlord. Although a tenant does hold rights to real property, a leasehold estate is typically considered personal property. Leasehold is a form of land tenure or property tenure where one party buys the right to occupy land or a building for a given length of time. As a lease is a legal estate, leasehold estate can be bought and sold on the open market. A leasehold thus differs from a freehold or fee simple where the ownership of a property is purchased outright and thereafter held for an indeterminate length of time, and also differs from a tenancy where a property is let (rented) on a periodic basis such as weekly or monthly. Terminology and types of leasehold vary from country to country. Sometimes, but not always, a residential tenancy under a lease agreement is colloquially known as renting. The ...
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Computo
In archaic law, a computo was a writ, thus called from its effect, which was to compel a person to yield his accounts. It was made and enforceable against the following persons: *executors of executors *the guardian in socage, for waste Waste (or wastes) are unwanted or unusable materials. Waste is any substance discarded after primary use, or is worthless, defective and of no use. A by-product, by contrast is a joint product of relatively minor economic value. A waste prod ... such as major dilapidations made or suffered in the minority (under legal age period) of the heir *a bailiff *a chamberlain *a receiver Writs Legal documents with Latin names {{law-stub ...
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Kingdom Of England
The Kingdom of England (, ) was a sovereign state on the island of Great Britain from 12 July 927, when it emerged from various Anglo-Saxon kingdoms, until 1 May 1707, when it united with Scotland to form the Kingdom of Great Britain. On 12 July 927, the various Anglo-Saxon kings swore their allegiance to Æthelstan of Wessex (), unifying most of modern England under a single king. In 1016, the kingdom became part of the North Sea Empire of Cnut the Great, a personal union between England, Denmark and Norway. The Norman conquest of England in 1066 led to the transfer of the English capital city and chief royal residence from the Anglo-Saxon one at Winchester to Westminster, and the City of London quickly established itself as England's largest and principal commercial centre. Histories of the kingdom of England from the Norman conquest of 1066 conventionally distinguish periods named after successive ruling dynasties: Norman (1066–1154), Plantagenet (1154–1485), Tudor ...
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Corvée
Corvée () is a form of unpaid, forced labour, that is intermittent in nature lasting for limited periods of time: typically for only a certain number of days' work each year. Statute labour is a corvée imposed by a state for the purposes of public works. As such it represents a form of levy (taxation). Unlike other forms of levy, such as a tithe, a corvée does not require the population to have land, crops or cash. The obligation for tenant farmers to perform corvée work for landlords on private landed estates was widespread throughout history before the Industrial Revolution. The term is most typically used in reference to medieval and early modern Europe, where work was often expected by a feudal landowner (of their vassals), or by a monarch of their subjects. The application of the term is not limited to that time or place; the corvée has existed in modern and ancient Egypt, ancient Sumer, ancient Rome, China, Japan, everywhere in continental Europe, the Incan civi ...
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Frankalmoin
Frank almoin, frankalmoign or frankalmoigne () was one of the feudal land tenures in feudal England. Its literal meaning is 'free pity/mercy', from Norman French , 'free alms', from Late Latin , from Greek (), 'pity, alms', from () 'merciful', from (), 'pity'. By it 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. Not only was secular service not due but 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 ...
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