| English feudalism |
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| Manorialism |
| Feudal land tenure in England |
| Feudal duties |
| Feudalism |
Under the English feudal system several different forms of land tenure existed, each effectively a contract with differing rights and duties attached thereto. Such tenures could be either free-hold, signifying that they were hereditable or perpetual, or non-free where the tenancy terminated on the tenant's death or at an earlier specified period.
In England's ancient past large parts of the realm were unoccupied [1] and owned as allodial titles: the landowners simply cooperated with the king out of a mutual interest instead of legal obligation. It was not until the Norman conquest, when William the Conqueror declared himself to be the sole allodial owner of the entire realm, that land tenures changed drastically. [2] In William's kingdom the common exchange and sale of land became restricted and all landholders were made to provide a service to their lord (" no land without a lord "). [3]
William stripped the land from those who opposed him and redistributed it among his followers. He introduced a new type of feudalism, in which obligation extended right down through the hierarchy, a model informed by the military system. [4]
The tenants-in-chief held their land by the tenure of barony, which required the tenant to provide a number of knights for their liege for 40 days per annum. After the served days, the liege was obliged either to begin paying the knights, or to dismiss them. [5] However, tenants who held their land by the tenure of knight-service were not permitted to pass their lands to the heir automatically, but were required to obtain the lord's approval. [6]
The system failed because the assessment of knight's fees became impossible to maintain. A few estates retained the same wealth and population as when first enfeoffed, with the result that the lord provided only a small number of the knights whom he was actually able to muster. Another issue was the practice of subinfeudation, by which the subtenants were able to alienate the land to tenants of their own. This became unpopular among the superior lords, and was banned by Edward I in his edict Quia Emptores . In compensation, the sale of properties was made legal. [2]
During the course of the late medieval period, knight-service came to be replaced by the tenure of scutage, under which tenants paid tax assessed according to their knight's fee, instead of providing knights. Before the mid-13th century the fiefdoms had not been heritable owing to the uncertainty of whether the heir of the tenant would be capable of providing the required knight-service. As scutage replaced knight-service, that question fell outside consideration. Heirs were therefore able to succeed fiefs in exchange for the payment of a type of inheritance tax. [3]
The Tenures Abolition Act 1660 declared that all land was to be held by socage tenure, ending the feudal tenure. [7]
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; not 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. 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.
A fief was a central element in medieval contracts based on feudal law. It consisted of a form of property holding or other rights granted by an overlord to a vassal, who held it in fealty or "in fee" in return for a form of feudal allegiance, services, and/or payments. The fees were often lands, land revenue or revenue-producing real property like a watermill, held in feudal land tenure: these are typically known as fiefs or fiefdoms. However, not only land but anything of value could be held in fee, including governmental office, rights of exploitation such as hunting, fishing or felling trees, monopolies in trade, money rents and tax farms. There never existed a standard feudal system, nor did there exist only one type of fief. Over the ages, depending on the region, there was a broad variety of customs using the same basic legal principles in many variations.
Scutage was a medieval English tax levied on holders of a knight's fee under the feudal land tenure of knight-service. Under feudalism the king, through his vassals, provided land to knights for their support. The knights owed the king military service in return. The knights were allowed to "buy out" of the military service by paying scutage.
Socage was one of the feudal duties and land tenure forms in the English feudal system. It eventually evolved into the freehold tenure called "free and common socage", which did not involve feudal duties. Farmers held land in exchange for clearly defined, fixed payments made at specified intervals to feudal lords. The lord was therefore obligated to provide certain services, such as protection, to the farmer and other duties to the Crown. Payments usually took the form of cash, but occasionally could be made with goods.
In medieval and early modern Europe, a tenant-in-chief was a person who held his lands under various forms of feudal land tenure directly from the king or territorial prince to whom he did homage, as opposed to holding them from another nobleman or senior member of the clergy. The tenure was one which denoted great honour, but also carried heavy responsibilities. The tenants-in-chief were originally responsible for providing knights and soldiers for the king's feudal army.
Seisin denotes the legal possession of a feudal fiefdom or fee, that is to say an estate in land. It was used in the form of "the son and heir of X has obtained seisin of his inheritance", and thus is effectively a term concerned with conveyancing in the feudal era. The person holding such estate is said to be "seized of it", a phrase which commonly appears in inquisitions post mortem. The monarch alone "held" all the land of England by his allodial right and all his subjects were merely his tenants under various contracts of feudal tenure.
Quia Emptores is a statute passed by the Parliament of England in 1290 during the reign of Edward I that prevented tenants from alienating their lands to others by subinfeudation, instead requiring all tenants who wished to alienate their land to do so by substitution. The statute, along with its companion statute Quo Warranto also passed in 1290, was intended to remedy land ownership disputes and consequent financial difficulties that had resulted from the decline of the traditional feudal system in England during the High Middle Ages. The name Quia Emptores derives from the first two words of the statute in its original mediaeval Latin, which can be translated as "because the buyers". Its long title is A Statute of our Lord The King, concerning the Selling and Buying of Land. It is also cited as the Statute of Westminster III, one of many English and British statutes with that title.
Under feudalism in France and England during the Middle Ages, tenure by serjeanty was a form of tenure in return for a specified duty other than standard knight-service.
Knight-service was a form of feudal land tenure under which a knight held a fief or estate of land termed a knight's fee from an overlord conditional on him as tenant performing military service for his overlord.
An overlord in the English feudal system was a lord of a manor who had subinfeudated a particular manor, estate or fee, to a tenant. The tenant thenceforth owed to the overlord one of a variety of services, usually military service or serjeanty, depending on which form of tenure the estate was held under. The highest overlord of all, or paramount lord, was the monarch, who due to his ancestor William the Conqueror's personal conquest of the Kingdom of England, owned by inheritance from him all the land in England under allodial title and had no superior overlord, "holding from God and his sword", although certain monarchs, notably King John (1199–1216) purported to grant the Kingdom of England to Pope Innocent III, who would thus have become overlord to English monarchs.
A feudal baron is a vassal holding a heritable fief called a barony, comprising a specific portion of land, granted by an overlord in return for allegiance and service. Following the end of European feudalism, feudal baronies have largely been superseded by baronies held as a rank of nobility, without any attachment to a fief. However, in Scotland, the feudal dignity of baron remains in existence, and may be bought and sold independently of the land to which it was formerly attached.
The Tenures Abolition Act 1660, sometimes known as the Statute of Tenures, was an Act of the Parliament of England which changed the nature of several types of feudal land tenure in England. The long title of the Act was An act for taking away the Court of Wards and liveries, and tenures in capite, and by knights-service, and purveyance, and for settling a revenue upon his Majesty in lieu thereof.
Castle-guard was an arrangement under the feudal system, by which the duty of finding knights to guard royal castles was imposed on certain manors, knight's fees or baronies. The greater barons provided for the guard of their castles by exacting a similar duty from their sub-enfeoffed knights. The obligation was commuted very early for a fixed money payment, a form of scutage known as "castle-guard rent", which lasted into modern times.
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.
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 Saxon monarchs, land was the dominant source of personal wealth. English land law transformed further from the 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.
Even before the Norman Conquest, there was a strong tradition of landholding in Anglo-Saxon law. When William the Conqueror asserted sovereignty over England in 1066, he confiscated the property of the recalcitrant English landowners. Over the next dozen years, he granted land to his lords and to the dispossessed Englishmen, or affirmed their existing land holdings, in exchange for fealty and promises of military and other services. At the time of the Domesday Book, all land in England was held by someone, and from that time there has been no allodial land in England. In order to legitimise the notion of the Crown's paramount lordship, a legal fiction—that all land titles were held by the King's subjects as a result of a royal grant—was adopted.
In the kingdom of England, a feudal barony or barony by tenure was the highest degree of feudal land tenure, namely per baroniam, under which the land-holder owed the service of being one of the king's barons. The duties owed by and the privileges granted to feudal barons are not exactly defined, but they involved the duty of providing soldiers to the royal feudal army on demand by the king, and the privilege of attendance at the king's feudal court, the precursor of parliament.
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 defense 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.
A cantred was a subdivision of a county in the Anglo-Norman Lordship of Ireland between the thirteenth and fifteenth centuries, analogous to the cantref of Wales or the hundred of England. In County Dublin the equivalent unit was termed a serjeanty, while in County Meath and environs it was a barony. The area of a cantred usually corresponded to that of an earlier trícha cét of Gaelic Ireland, and sometimes to that of a rural deanery in the medieval Irish church. Paul Mac Cotter has "demonstrated the existence of 151 certain cantreds and indicated the probable existence of a further 34." Cantreds were replaced by baronies from the sixteenth century.
Feudal duties were the set of reciprocal financial, military and legal obligations among the warrior nobility in a feudal system. These duties developed in both Europe and Japan with the decentralisation of empire and due to lack of monetary liquidity, as groups of warriors took over the social, political, judicial, and economic spheres of the territory they controlled. While many feudal duties were based upon control of a parcel of land and its productive resources, even landless knights owed feudal duties such as direct military service in their lord's behest. Feudal duties were not uniform over time or across political boundaries, and in their later development also included duties from and to the peasant population, such as abergement.