English feudalism |
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Manorialism |
Feudal land tenure in England |
Feudal duties |
Feudalism |
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 manorial court roll to the tenant, rather than the actual land deed itself. The legal owner of the manor land remained the mesne lord, who was legally the copyholder, according to the titles and customs written down in the manorial roll. [1] [2] In return for being given land, a copyhold tenant was required to carry out specific manorial duties or services. The specific rights and duties of copyhold tenants varied greatly from one manor to another and many were established by custom. By the 19th century, many customary duties had been replaced with the payment of rent.
Copyhold was directly descended from the feudal system of villeinage which involved giving service and produce to the local lord in return for land. Although feudalism in England had ended by the early 1500s, [3] forms of copyhold tenure continued in England until being completely abolished by the Law of Property Act 1925.
The privileges granted to each tenant, and the exact services he was to render to the lord of the manor and/or lord paramount in return for them, were described in the roll or book kept by the steward, who gave a copy of the relevant entry to the tenant. Consequently, these tenants were afterwards called copyholders, in contrast to freeholders. [4] The actual term "copyhold" is first recorded in 1483, and "copyholder" in 1511–1512. [5] The specific rights and duties of copyholders varied greatly from one manor to another and many were established by custom. Initially, some works and services to the lord were required of copyholders (four days' work per year for example), but these were commuted later to a rent equivalent. Each manor custom laid out rights to use various resources of the land such as wood and pasture, and numbers of animals allowed on the common. Copyholds very commonly required the payment of a type of death duty called an heriot to the lord of the manor upon the decease of the copyholder.
Two main kinds of copyhold tenure developed:
Copyhold land often did not appear in a will. This is because its inheritance was already pre-determined by custom, as just described. It could not therefore be given or devised in a will to any other person. In some instances, the executor of the estate held the copyhold for the term of one year after the decease of the testator, which was called the "executor's year", in parallel with the same concept in common law. Language regarding the disposal of the profits of the executor's year or of a heriot often indicates a copyhold.
Copyhold Act 1841 | |
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Act of Parliament | |
Long title | An Act for the Commutation of certain Manorial Rights in respect of Lands of Copyhold and Customary Tenure, and in respect of other Lands subject to such Rights, and for facilitating the Enfranchisement of such Lands, and for the Improvement of such Tenure. |
Citation | 4 & 5 Vict. c. 35 |
Dates | |
Royal assent | 21 June 1841 |
Other legislation | |
Repealed by | Copyhold Act 1894 |
Status: Repealed | |
Text of statute as originally enacted |
Copyhold Act 1843 | |
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Act of Parliament | |
Citation | 6 & 7 Vict. c. 23 |
Other legislation | |
Repealed by | Copyhold Act 1894 |
Status: Repealed |
Copyhold Act 1844 | |
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Act of Parliament | |
Citation | 7 & 8 Vict. c. 55 |
Dates | |
Royal assent | 29 July 1844 |
Other legislation | |
Amended by | Statute Law Revision Act 1874 (No. 2) |
Repealed by | Copyhold Act 1894 |
Status: Repealed |
Copyhold Act 1852 | |
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Act of Parliament | |
Citation | 15 & 16 Vict. c. 51 |
Dates | |
Royal assent | 30 June 1852 |
Other legislation | |
Amended by | Statute Law Revision Act 1875 |
Repealed by | Copyhold Act 1894 |
Status: Repealed |
Copyhold Act 1858 | |
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Act of Parliament | |
Long title | An Act to amend the Copyhold Acts. |
Citation | 21 & 22 Vict. c. 94 |
Dates | |
Royal assent | 2 August 1858 |
Other legislation | |
Repealed by | Copyhold Act 1894 |
Status: Repealed |
Copyhold Act 1887 | |
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Act of Parliament | |
Citation | 50 & 51 Vict. c. 73 |
Other legislation | |
Repealed by | Copyhold Act 1894 |
Status: Repealed |
Copyhold Act 1894 | |
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Act of Parliament | |
Long title | An Act to consolidate the Copyhold Acts. |
Citation | 57 & 58 Vict. c. 46 |
Territorial extent | England and Wales |
Dates | |
Royal assent | 25 August 1894 |
Other legislation | |
Repeals/revokes |
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Repealed by | Statute Law (Repeals) Act 1969 |
Status: Repealed | |
Text of statute as originally enacted |
Copyholds were gradually enfranchised (turned into ordinary holdings of land – either freehold or 999-year leasehold) as a result of the Copyhold Acts during the 19th century. By this time, servitude to the lord of the manor was merely token, discharged on purchasing the copyhold by payment of a "fine in respite of fealty". The Copyhold Act 1841 (4 & 5 Vict. c. 35), Copyhold Act 1843 (6 & 7 Vict. c. 23), Copyhold Act 1844 (7 & 8 Vict. c. 55), Copyhold Act 1852 (15 & 16 Vict. c. 51), Copyhold Act 1858 (21 & 22 Vict. c. 94) and Copyhold Act 1887 (50 & 51 Vict. c. 73) were consolidated in the Copyhold Act 1894 (57 & 58 Vict. c. 46). [7]
Part V of the Law of Property Act 1925 finally abolished all remaining statutes.
Manorialism, also known as seigneurialism, the manor system or manorial system, was the method of land ownership in parts of Europe, notably France and later England, during the Middle Ages. Its defining features included a large, sometimes fortified manor house in which the lord of the manor and his dependants lived and administered a rural estate, and a population of labourers or serfs who worked the surrounding land to support themselves and the lord. These labourers fulfilled their obligations with labour time or in-kind produce at first, and later by cash payment as commercial activity increased. Manorialism was part of the feudal system.
Enclosure or inclosure is a term, used in English landownership, that refers to the appropriation of "waste" or "common land", enclosing it, and by doing so depriving commoners of their rights of access and privilege. Agreements to enclose land could be either through a formal or informal process. The process could normally be accomplished in three ways. First there was the creation of "closes", taken out of larger common fields by their owners. Secondly, there was enclosure by proprietors, owners who acted together, usually small farmers or squires, leading to the enclosure of whole parishes. Finally there were enclosures by acts of Parliament.
The manorial system of New France, known as the seigneurial system, was the semi-feudal system of land tenure used in the North American French colonial empire. Economic historians have attributed the wealth gap between Quebec and other parts of Canada in the 19th and early 20th century to the persistent adverse impact of the seigneurial system.
Lord of the manor is a title that, in Anglo-Saxon England and Norman England, referred to the landholder of a rural estate. The titles date to the English feudal system. The lord enjoyed manorial rights as well as seignory, the right to grant or draw benefit from the estate. The title is not a peerage or title of nobility but was a relationship to land and how it could be used and those living on the land (tenants) may be deployed, and the broad estate and its inhabitants administered. The title continues in modern England and Wales as a legally recognised form of property that can be held independently of its historical rights. It may belong entirely to one person or be a moiety shared with other people. The title is known as Breyr in Welsh.
Sir Thomas de Littleton or de LyttletonKBSL(c. 1407–23 August 1481) was an English judge, undersheriff, Lord of Tixall Manor, and legal writer from the Lyttelton family. He was also made a Knight of the Bath by King Edward IV.
Heriot, from Old English heregeat ("war-gear"), was originally a death-duty in late Anglo-Saxon England, which required that at death, a nobleman provided to his king a given set of military equipment, often including horses, swords, shields, spears and helmets. It later developed into a kind of tenurial feudal relief due from villeins. The equivalent term in French was droit du meilleur catel.
The inclosure acts created legal property rights to land previously held in common in England and Wales, particularly open fields and common land. Between 1604 and 1914 over 5,200 individual acts enclosing public land were passed, affecting 28,000 km2.
Gavelkind was a system of land tenure chiefly associated with the Celtic law in Ireland and Wales and with the legal traditions of the English county of Kent.
Wills have a lengthy history.
A mesne lord was a lord in the feudal system who had vassals who held land from him, but who was himself the vassal of a higher lord. Owing to Quia Emptores, the concept of a mesne lordship technically still exists today: the partitioning of the lord of the manor's estate among co-heirs creating the mesne lordships.
"Free bench" is a legal term referring to an ancient manorial custom in parts of England whereby a widow, until she remarried, could retain tenure of her late husband's land.
Customary freehold is in English law a species of tenure which may be described as a variety of copyhold. It is also termed privileged copyhold or copyhold of frank tenure. It is a tenure by copy of manorial roll, but not expressed to be at the will of the lord. It is, in fact, only a superior kind of copyhold, and the freehold is in the lord. It is subject to the general law of copyholds, except where the law may be varied by the custom of the particular manor.
The manorial courts were the lowest courts of law in England during the feudal period. They had a civil jurisdiction limited both in subject matter and geography. They dealt with matters over which the lord of the manor had jurisdiction, primarily torts, local contracts and land tenure, and their powers only extended to those who lived within the lands of the manor: the demesne and such lands as the lord had enfeoffed to others, and to those who held land therein. Historians have divided manorial courts into those that were primarily seignorial – based on feudal responsibilities – and those based on separate delegation of authority from the monarch. There were three types of manorial court: the court of the honour; the court baron; and the court customary, also known as the halmote court.
A heerlijkheid was a landed estate that served as the lowest administrative and judicial unit in rural areas in the Dutch-speaking Low Countries before 1800. It originated as a unit of lordship under the feudal system during the Middle Ages. The English equivalents are manor, seigniory and lordship. The German equivalent is Herrschaft. The heerlijkheid system was the Dutch version of manorialism that prevailed in the Low Countries and was the precursor to the modern municipality system in the Netherlands and Flemish Belgium.
In contract law, extinguishment is the destruction of a right or contract. If the subject of the contract is destroyed, then the contract may be made void. Extinguishment occurs in a variety of contracts, such as land contracts, debts, rents, and right of ways. A right may be extinguished by nullifying that right or, in the case of a debt, discharged by payment in full or through settlement.
The history of English land law can be traced back to Roman times. Throughout the Early Middle Ages, where England came under rule of post-Roman chieftains and Anglo-Saxon monarchs, land was the dominant source of personal wealth. English land law transformed further from the Anglo-Saxon days, particularly during the post-Norman Invasion feudal encastellation and the Industrial Revolution. As the political power of the landed aristocracy diminished and modern legislation increasingly made land a social form of wealth, subject to extensive social regulation such as for housing, national parks and agriculture.
A custumal is a medieval-English document that stipulates the economic, political, and social customs of a manor or town. It is common for it to include an inventory of customs, regular agricultural, trading and financial activities as well as local laws. It could be written for one manor or a whole county.
A manorial roll or court roll is the roll or record kept of the activities of a manorial court, in particular containing entries relating to the rents and holdings, deaths, alienations, and successions of the customary tenants or copyholders. The records were invariably kept in roll form in the Middle Ages, but in the post-medieval period were more usually entered into volumes. Despite this change of format, the records often continued to be known as court rolls, although the term court books is also found.
Feudalism as practiced in the Kingdoms of England during the medieval period was a state of human society that organized political and military leadership and force around a stratified formal structure based on land tenure. As a military defence and socio-economic paradigm designed to direct the wealth of the land to the king while it levied military troops to his causes, feudal society was ordered around relationships derived from the holding of land. Such landholdings are termed fiefdoms, traders, fiefs, or fees.
William Rosewell was a gentleman and landholder of Loxton, Somerset, England. He was the father of William Rosewell the Solicitor-General to Queen Elizabeth I. He was named as one of the trustee in his son's will of 1566 and managed his son's estates in Somerset while his son's children were under age.
Lord is also a title ... Lord mesne is he that is owner of a manor, and by virtue thereof hath tenants holding of him in fee, and by copy of court-roll; and yet holds himself of a superior lord called lord paramount.