estovers
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In English law, an estover is an allowance made to a person out of an estate, or other thing, for his or her support. The word estover can also mean specifically an allowance of wood that a tenant is allowed to take from the commons, for life or a period of years, for the implements of
husbandry Animal husbandry is the branch of agriculture concerned with animals that are raised for meat, fibre, milk, or other products. It includes day-to-day care, selective breeding, and the raising of livestock. Husbandry has a long history, startin ...
, hedges and
fence A fence is a structure that encloses an area, typically outdoors, and is usually constructed from posts that are connected by boards, wire, rails or netting. A fence differs from a wall in not having a solid foundation along its whole length. ...
s, and for firewood.


History

The word derives from the French ''estover'', ''estovoir'', a
verb A verb () is a word ( part of speech) that in syntax generally conveys an action (''bring'', ''read'', ''walk'', ''run'', ''learn''), an occurrence (''happen'', ''become''), or a state of being (''be'', ''exist'', ''stand''). In the usual descr ...
used as a substantive meaning "that which is necessary". This word is of disputed origin; it has been referred to the
Latin Latin (, or , ) is a classical language belonging to the Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through the power of the ...
''stare'', to stand, or ''studere'', to desire. The Old English word for estover was ''bote'' or ''boot'', also spelled ''bot'' or ''bót'', (literally meaning 'good' or 'profit' and cognate with the word ''better''). The various kinds of estovers were known as house-bote, cart or plough-bote, hedge or hay-bote, and fire-bote.
Anglo-Saxon law Anglo-Saxon law (Old English ''ǣ'', later ''lagu'' "law"; dōm "decree, judgment") is a body of written rules and customs that were in place during the Anglo-Saxon period in England, before the Norman conquest. This body of law, along with early ...
also imposed "bot" fines in the modern sense of compensation.The legal phrase ''&'' n. ''scillingas to bote'', "and ''n.'' shillings as compensation" often followed after other fines imposed for the same offense, and is the origin of the modern English phrase, "to boot"
Anglo-Saxon dooms from 560-975
/ref> These rights might be restricted by express covenants.
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 ma ...
ers had similar rights over the land they occupied and over the waste of the manor, in which case the rights are known as
Commons The commons is the cultural and natural resources accessible to all members of a society, including natural materials such as air, water, and a habitable Earth. These resources are held in common even when owned privately or publicly. Commons c ...
of estovers. Burrill in his dated ''A law dictionary and glossary'' published in New York (1871) states:


See also

*
Condonation Within the legal profession, condonation (or a condonance) is a defence argument sometimes made when an accuser has previously forgiven or chosen to ignore an act about which they are now legally complaining. In some legal jurisdictions, and for c ...
*
Collegatary In civil law, a collegatary is a person to whom is left a legacy, as imparted by a will, in common with one or more other individuals; so called as being a joint legatary, or co-legatee. See also * Barratry *Condonation *Allonge An allonge (fro ...
*
Contorts Contorts (arguably) is a portmanteau, or a combination of " contracts" and "torts" originated by Grant Gilmore in his book '' The Death of Contract''. The generally informal termLegal disputes are not formally or officially referred to as "found ...


Notes


References

* * {{EB1911, wstitle=Estovers, volume=9 , page=801 English legal terminology Wood English forest law