Estovers

Last updated

In English law, an estover is an allowance made to a person out of an estate, or other thing, for his or her support. The word estover can also mean specifically an allowance of wood that a tenant is allowed to take from the commons, for life or a period of years, for the implements of husbandry, hedges and fences, and for firewood. [1]

Contents

History

The word derives from the French estover, estovoir, a verb used as a substantive meaning "that which is necessary". This word is of disputed origin; it has been referred to the Latin stare, to stand, or studere, to desire. [1]

The Old English word for estover was bote or boot, also spelled bot or bót, (literally meaning 'good' or 'profit' and cognate with the word better). The various kinds of estovers were known as house-bote, cart or plough-bote, hedge or hay-bote, and fire-bote. Anglo-Saxon law also imposed "bot" fines in the modern sense of compensation. [2] These rights might be restricted by express covenants. Copyholders had similar rights over the land they occupied and over the waste of the manor, in which case the rights are known as Commons of estovers. [1]

Burrill in his dated A law dictionary and glossary published in New York (1871) states:

ESTOVER. L. Fr. and Eng. [L. Lat estoverium.] An allowance made to a person. See Estoverium. The plural only (estovers) is now used. See Estovers.

...

ESTOVERS. L.Fr. and Eng. [L. Lat. estoveria and more anciently estoverium; from Fr. estouver', estover, or estoffer, to furnish, supply or maintain.]

An allowance made to a person out of an estate, or other thing for his or her support, as for food and raiment, (in victu et vestitu). Stat, Gloc. c. 4. See Estover, Estoverium. An allowance (more commonly called alimony ,) granted to a woman divorced a mensa et thoro, for her support out of her husband's estate. 1 Bl Com. 441.

An allowance of wood made to a tenant for life or years; a liberty of taking necessary wood for the use or furniture of his house or farm from off the land demised to him. 2 Bl Com. 35. 1 Steph. Com. 241, 260. 2 Crabb's Real Prop. 76, § 1044. Bisset on Estates, 276, 277. 4 Kenf's Com. 73. This is the ordinary meaning of the word estovers which are also called in law botes embracing the various kinds of house-bote fire-bote plough-bote and hay-bote See Botes. Estovers are sometimes erroneously confounded with common of estavers (q. v.) and the distinction is not clearly made by Britton in his 60th chapter, De renables estovers. [3]

See also

Notes

  1. 1 2 3 Chisholm 1911, p. 801.
  2. The legal phrase & n. scillingas to bote, "and n. shillings as compensation" often followed after other fines imposed for the same offense, and is the origin of the modern English phrase, "to boot". Anglo-Saxon dooms from 560-975
  3. Burrill 1871, pp. 565–566.

Related Research Articles

<span class="mw-page-title-main">Manorialism</span> Economic, political, and judicial institution during the Middle Ages in Europe

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.

<span class="mw-page-title-main">Tok Pisin</span> English creole spoken in Papua New Guinea

Tok Pisin, often referred to by English speakers as New Guinea Pidgin or simply Pidgin, is an English creole language spoken throughout Papua New Guinea. It is an official language of Papua New Guinea and the most widely used language in the country. However, in parts of the southern provinces of Western, Gulf, Central, Oro, and Milne Bay, the use of Tok Pisin has a shorter history and is less universal, especially among older people.

<span class="mw-page-title-main">Enclosure</span> In England, appropriation of common land

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.

In English common law, fee tail or entail, is a form of trust, established by deed or settlement, that restricts the sale or inheritance of an estate in real property and prevents that property from being sold, devised by will, or otherwise alienated by the tenant-in-possession, and instead causes it to pass automatically, by operation of law, to an heir determined by the settlement deed. The terms fee tail and tailzie are from Medieval Latin feodum talliatum, which means "cut(-short) fee". Fee tail deeds are in contrast to "fee simple" deeds, possessors of which have an unrestricted title to the property, and are empowered to bequeath or dispose of it as they wish. Equivalent legal concepts exist or formerly existed in many other European countries and elsewhere; in Scots law tailzie was codified in the Entail Act 1685.

Seisin is a legal concept that denotes the right to legal possession of a thing, usually a fiefdom, fee, or an estate in land. It is similar, but legally separate from the idea of ownership.

In law, a ward is a minor or incapacitated adult placed under the protection of a legal guardian or government entity, such as a court. Such a person may be referenced as a "ward of the court".

<span class="mw-page-title-main">White Ladies Aston</span> Human settlement in England

White Ladies Aston is a village in the Wychavon local government district of Worcestershire, England, United Kingdom, and also lends its name to the civil parish in which the village is located. The village is located to the east of the A44 which started as a Saltway linking Droitwich to Oxford. To the south is Pershore and five miles west is Worcester. The parish is bound to the east by the Bow Brook. The parish, according to the 2011 census, has 87 households with 220 residents.

<span class="mw-page-title-main">Baguley</span> Human settlement in England

Baguley is an electoral ward of the city of Manchester, in the county of Greater Manchester, England. The population at the 2011 census was 14,794.

<span class="mw-page-title-main">National Museum of Rural Life</span> National museum in South Lanarkshire, Scotland, UK

The National Museum of Rural Life, previously known as the Museum of Scottish Country Life, is based at Wester Kittochside farm, lying between East Kilbride in South Lanarkshire and Carmunnock in Glasgow. It is run by National Museums Scotland.

<i>Ius</i> Rights to citizenship virtue in ancient Rome

Ius or Jus in ancient Rome was a right to which a citizen (civis) was entitled by virtue of his citizenship (civitas). The iura were specified by laws, so ius sometimes meant law. As one went to the law courts to sue for one's rights, ius also meant justice and the place where justice was sought.

<i>Smith and Snipes Hall Farm Ltd v River Douglas Catchment Board</i> 1949 English land law decision

Smith and Snipes Hall Farm Ltd v River Douglas Catchment Board [1949] 2 KB 500 is an English land law and English contract law appeal decision. The case, decided by Denning LJ, confirmed positive covenants can supplant privity of contract in contracts to improve land and secondly a covenant should be implied where the contract shows an intention that the obligation would attach to the land. The case thirdly held in that context, a somewhat uncertain description of lands which was capable of being rendered certain by extrinsic evidence was sufficient to enforce the covenant.

The common land of Ashdown Forest in East Sussex, England, a former royal hunting forest created soon after the Norman conquest of England, covers some 6,400 acres. The map of the common land today largely dates back to 1693, when more than half the medieval Forest was taken into private hands, with the remainder being set aside as common land. The latter is today administered by a Board of Conservators. It is entirely open for public access and it is the largest area of its kind in South East England.

<span class="mw-page-title-main">Textual variants in the Gospel of Matthew</span> Differences in New Testament manuscripts

Textual variants in the Gospel of Matthew are the subject of the study called textual criticism of the New Testament. Textual variants in manuscripts arise when a copyist makes deliberate or inadvertent alterations to a text that is being reproduced. An abbreviated list of textual variants in this particular book is given in this article below.

<span class="mw-page-title-main">Loans, South Ayrshire</span> Human settlement in Scotland

Loans is a village in South Ayrshire near Troon, Scotland. It is located in Dundonald parish on the A759 at the junction with the B746 and a minor road to Dundonald.

Textual variants in the Gospel of Mark are the subject of the study called textual criticism of the New Testament. Textual variants in manuscripts arise when a copyist makes deliberate or inadvertent alterations to a text that is being reproduced. An abbreviated list of textual variants in this particular book is given in this article below.

This page is a glossary of law.

References