Magna Carta: A Commentary on the Great Charter of King John: With an Historical IntroductionMcKechnie, William Sharp
History
Magna Carta: A Commentary on the Great Charter of King John: With an Historical Introduction
McKechnie, William Sharp
Constitutional history -- England -- Sources; Law -- England -- History; Law -- England -- Sources; Magna Carta
All three forms of feudal obligation—service, incidents, and aids—have
long been obsolete in England. The statute 12 Charles II. c. 24 swept
away the feudal _incidents_ along with the feudal system; centuries
before, _scutages_ in lieu of military _service_ had become obsolete
in the transition from the system of feudal finance to that of
national finance, effected by the Crown in the thirteenth and
fourteenth centuries. Feudal _aids_ were also long obsolete, although
James I., in desperate straits for money, had attempted to revive two
of them. In France the feudal system, with all its burdensome
obligations, remained in full vigour until it was abolished in one
night by the famous decree of the National Assembly of 4th August,
1790. In Scotland, the feudal system of land tenure still exists, and
certain of its incidents (_e.g._ reliefs and compositions or fines for
alienation) are exacted at the present day.
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The very essence of the feudal relation between the King as overlord and
the Crown tenant as vassal consisted in the liability of the latter to
render “suit and service,” that is, to follow his lord’s banner in time
of war, and to attend his court in time of peace. It will be more
convenient, however, to reserve full consideration of these services
until the comparatively uncomplicated obligations known as incidents and
aids have been first discussed.
I. _Feudal Incidents._ In addition to “suit and service,” the lord
reaped, at the expense of his tenants, a number of casual profits, which
thus formed irregular supplements to his revenue. These profits,
accruing, not annually, but on the occurrence of exceptional events,
came to be known as “feudal incidents.” They were gradually defined with
more or less accuracy, and their number may be given as six, viz.:
Reliefs, Escheats, Wardships, Marriages, Primer seisins, and Fines for
Alienation.[84]
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Footnote 84:
Blackstone, _Commentaries_, II. 63, however arranges these in a
different order, and mentions as a seventh incident “aids,” which are
here reserved for separate treatment.
Public-domain text, read in full here on John Shaqi.
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