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
(_a_) _Relief_ is easily explained. The fee, or _feudum_, or hereditary
feudal estate, seems to have been the result of a gradual evolution from
the old _beneficium_ (or estate held merely for one lifetime), and that
again from the older _precarium_ (or estate held only during the will of
the overlord). Grants of land, originally subject to revocation by the
lord, had gradually attained fixity of tenure throughout the life of the
original grantee; and, later on, they became transmissible to his
descendants. The hereditary principle at last completely triumphed; the
Capitulary of Kiersey (A.D. 877) is said to be the first authoritative
recognition of the heir’s absolute right to succeed. The process was a
gradual one, and it would seem that even after the Norman Conquest, this
rule of hereditary descent was not established beyond possibility of
dispute.[85] This right of the heir to succeed always remained subject
to one condition, namely, the payment of a sum of money known as
“relief.” This was theoretically an acknowledgment that the new tenant’s
right to ownership was incomplete, until recognized by his superior—a
reminiscence of the earlier _precarium_ from which the _feudum_ had
developed.
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Footnote 85:
See Pollock and Maitland, I. 296.
_Relief_, then, is the sum payable to a feudal overlord by an heir for
recognition of his title to succeed the last tenant in possession. The
amount remained long undefined, and the lord frequently asked exorbitant
sums.[86]
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Footnote 86:
See _infra_, under c.2, for the steps in the gradual process whereby
this evil was redressed.
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Public-domain text, read in full here on John Shaqi.
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