the freeman reduced to villenage by the growth of the manorial system,
acquired security of tenure.
The second book relates to the reciprocal rights and duties of lord
and tenant, and is mainly of historical interest to the modern lawyer.
It contains a complete statement of the law as it stood in Littleton's
time relating to homage, fealty and escuage, the money compensation to
be paid to the lord in lieu of military service to be rendered to the
king, a peculiar characteristic of English as distinguished from
Continental feudalism.
Littleton then proceeds to notice the important features of tenure by
knight's service with its distinguishing incidents of the right of
wardship of the lands and person of the infant heir or heiress, and
the right of disposing of the ward in marriage. The non-military
freehold tenures are next dealt with; we have an account of "socage
tenure," into which all military tenures were subsequently commuted by
a now unrecognized act of the Long Parliament in 1650, afterwards
re-enacted by the well-known statute of Charles II. (1660), and of
"frankalmoign," or the spiritual tenure by which churchmen held. In
the description of burgage tenure and tenure in villenage, the life of
which consists in the validity of ancient customs recognized by law,
we recognize survivals of a time before the iron rule of feudalism had
moulded the law of land in the interests of the king and the great
lords. Finally he deals with the law of rents, discussing the various
kinds of rents which may be reserved to the grantor upon a grant of
lands and the remedies for recovery of rent, especially the remedy by
distress.[1]
Public-domain text, read in full here on John Shaqi.
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