Our Legal Heritage: King AEthelbert - King George III, 600 A.D. - 1776Reilly, S. A.
History
Our Legal Heritage: King AEthelbert - King George III, 600 A.D. - 1776
Reilly, S. A.
Law -- England -- History
younger son, or to some dependant for past services, or a purchase with
a gross sum. There were no wardship or marriage or other fees
associated with a tenure in free socage. Tenure in frankalmoin ["free
alms" for the poor to relieve the king of this burden] was land held by
ecclesiastics in right of their churches and of God. This service was
spiritual, often for saying prayers for the deceased donor so that he
could go from purgatory to heaven, and it was an indefinite service. In
general, land could be alienated or subinfeudated without the lord's
consent and thus come to be held in another tenure. Land escheated
[returned] to the lord if there were no heirs, or in case of felony
after the king has possessed and taken the profits of the land for year
and day. In case of treason, a tenant's lands were all forfeited to the
king. The tenure of socage obligated the tenant to fixed agricultural
services, for which a nominal payment called a "quit rent" could be
substituted. Socage did not entail rights of wardship or marriage.
Socage grew at the expense of the other tenures. The unfree tenure was
villein tenure. Villeins were tied to a piece of land and were bound to
perform for their lord indefinite agricultural services and could be
physically recovered in case they left the land. Villeins were subject
to a lord's court and were not protected by the king's court.
The major types of freemen were: nobles, knights,
ecclesiastics, Jews, and women. The nobles were the earls and barons.
They did not have noble blood, but were tenants in chief of certain
land by the king's will. The king consulted them and they obeyed his
summons and gave him counsel. They were entitled to be judged in cases
of treason or felony, by their peers, that is, each other. Lower in
status are the knights. They were active in royal justice, making
thedecisions in the most important cases. Ecclesiatics were bishops;
abbots; and monks, nuns, and friars, who had taken vows of poverty and
obedience; and clergy. The difference between a monk and a friar was a
cloistered life versus an active life. Jews came to England after the
Conquest and were under the special protection of the king. All they
had belonged to the king. A Jew could lend money for interest, which
was disallowed for Christians. Jews were subject to the courts of
justice, but could also settle their disputes by their own Hebrew law,
They were expelled in 1290. Women could hold land, even by military
tenure, own chattels typically beasts and coins], make a will, make a
contract, and could sue and be sued. They could give evidence in court,
but could not be jurors or judges. Women who had husbands had to defer
to them in certain property matters.
Public-domain text, read in full here on John Shaqi.
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