| English feudalism |
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| Feudal land tenure in England |
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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 (fee being synonymous with fief) from an overlord conditional on him as a tenant performing military service for his overlord.
It is associated in its origin with that development in warfare which made the mailed horseman, armed with lance and sword, the most important factor in battle. It was long believed that knight-service was developed out of the liability, under the English system, of every five hides of land to provide one soldier in war. It is now held that, on the contrary, it was a novel system in England when it was introduced after the Conquest by the Normans, who relied essentially on their mounted knights, while the English fought on foot. It existed in Normandy where a knight held a fief termed a fief de haubert, from the hauberk or coat of mail (Latin: lorica) worn by knights. An allusion is made to this in the coronation charter of Henry I (1100), which speaks of those holding by knight-service as "militibus qui per loricam terras suas deserviunt" (literally "soldiers who serve [or are subject to] their lands by means of armour"). [1] [2]
William the Conqueror divided the lay lands of England among his magnates [1] in the form of "honours" or great blocks of land. These were subdivided by the magnates into smaller manors and yet smaller divisions or fiefs just large enough to support one knight, termed knight's fees. The knight paid homage to his overlord by taking a vow of loyalty and accepting the obligation to perform military service for his overlord.
The same system was adopted in Ireland when that country was conquered under Henry II. The magnate who had been enfeoffed by his sovereign for his honour of land could provide the knights required either by hiring them for pay or, more conveniently when wealth was mainly represented by land, by a process of subinfeudation, analogous to that by which he himself had been enfeoffed. That is to say, he could assign to an under-tenant a certain portion of his fief to be held by direct military service or the service of providing a mercenary knight. The land so held would then be described as consisting of one or more knight's fees, but the knight's fee had not any fixed area, as different soils and climates required differing acreages to produce a given profit requisite to support a knight and his entourage. This process could be carried further till there was a chain of mesne lords between the tenant-in-chief and the actual occupier of the land. The liability for performance of the knight-service was, however, always carefully defined. [1]
The chief sources of information for the extent and development of knight-service are the returns (cartae) of the barons (i.e. the tenants-in-chief) in 1166, informing the king, at his request, of the names of their tenants by knight-service with the number of fees they held, supplemented by the payments for scutage recorded on the pipe rolls, by the later returns printed in the Book of Fees , and by the still later ones collected in Feudal Aids. [1]
In the returns made in 1166 some of the barons appear as having enfeoffed more and some less than the number of knights they had to find. In the latter case they described the balance as being chargeable on their demesne, that is, on the portion of their fief which remained in their own hands. These returns further prove that lands had already been granted for the service of a fraction of a knight, such service being in practice already commuted for a proportionate monetary payment; and they show that the total number of knights with which land held by military service was charged was not, as was formerly supposed, sixty thousand, but, probably, somewhere between five and six thousand. Similar returns were made for Normandy, and are valuable for the light they throw on its system of knight-service. [1]
The primary obligation incumbent on every knight was service in the field, when called upon, for forty days a year, with specified armour and arms. There was, however, a standing dispute as to whether he could be called upon to perform this service outside the realm, nor was the question of his expenses free from difficulty. In addition to this primary duty, he had, in numerous cases at least, to perform that of castle ward at his lord's chief castle for a fixed number of days in the year. On certain baronies also was incumbent the duty of providing knights for the guard of royal castles, such as Windsor, Rockingham and Dover. [1]
Under the feudal system, the tenant by knight-service had also the same pecuniary obligations to his lord as had his lord to the king. These consisted of: [1] [3]
The principle of commuting for the obligation of military service into payments struck at the root of the whole system. The change of conception was so complete, that tenure by knight-service of a mesne lord becomes, first in fact and then in law, a tenure by escuage (i.e. scutage). By the time of Henry III, as Bracton states, the test of tenure was scutage; liability, however small, to scutage payment made the tenure military. [1]
The disintegration of the system was carried further in the latter half of the 13th century as a consequence of changes in warfare, which were increasing the importance of foot soldiers and making the service of a knight for forty days of less value to the king. The barons, instead of paying scutage, compounded for their service by the payment of lump sums, and, by a process which is still obscure, the nominal quotas of knight-service due from each had, by the time of Edward I, been largely reduced. The knight's fee, however, remained a knight's fee, and the pecuniary incidents of military tenure, especially wardship, marriage, and fines on alienation, long continued to be a source of revenue to the crown. But at the Restoration (1660) tenure by knight-service was abolished by the Tenures Abolition Act 1660, and with it these vexatious exactions were abolished. [1]
The returns of 1166 are preserved in the Liber Niger (13th century), edited by Hearne, and the Liber Rubeus or Red Book of the Exchequer (13th century), edited by H. Hall for the Rolls Series in 1896. The later returns are in the Book of Fees and in the Record Office volumes of Feudal Aids, arranged under counties. [1]
For the financial side of knight-service the early pipe rolls have been printed by the Record Commission and the Pipe Roll Society, and abstracts of later ones will be found in The Red Book of the Exchequer, which may be studied on the whole question, but the editors' view must be received with caution and checked by JH Round's Studies on the Red Book of the Exchequer (for private circulation). The Baronia Anglica of Madox may also be consulted. [1]
The existing theory on knight-service was enunciated by Mr Round in English Historical Review, vi., vii, and reissued by him in his Feudal England (1895). It is accepted by Pollock and Maitland (History of English Law), who discuss the question at length; by Mr JF Baldwin in his Scutage and Knight-service in England (University of Chicago Press, 1897), a valuable monograph with bibliography; and by Petit-Dutaillis, in his Studies supplementary to Stubbs' Constitutional History (Manchester University Series, 1908). [1]
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 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.
Escheat is a common law doctrine that transfers the real property of a person who has died without heirs to the crown or state. It serves to ensure that property is not left in "limbo" without recognized ownership. It originally applied to a number of situations where a legal interest in land was destroyed by operation of law, so that the ownership of the land reverted to the immediately superior feudal lord.
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 if they were hereditable or perpetual or non-free if they terminated on the tenant's death or at an earlier specified period.
In English law, a fee simple or fee simple absolute is an estate in land, a form of freehold ownership. A "fee" is a vested, inheritable, present possessory interest in land. A "fee simple" is real property held without limit of time under common law, whereas the highest possible form of ownership is a "fee simple absolute", which is without limitations on the land's use.
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.
The Statutes of Mortmain were two enactments, in 1279 and 1290, passed in the reign of Edward I of England, aimed at preserving the kingdom's revenues by preventing land from passing into the possession of the Church. Possession of property by a corporation, such as the Church, was known as mortmain, which literally meant "dead hand". In medieval England, feudal estates generated taxes for the King, principally on the grant or inheritance of the estate. If an estate became owned by a religious corporation which could never die, could never attain majority, and could never be attainted for treason, these taxes never became payable. It was akin to the estates being owned by the dead, hence the term.
In feudal Anglo-Norman England and Ireland, a knight's fee was a unit measure of land deemed sufficient to support a knight. It would not only provide sustenance for himself, his family, and servants, but also the means to furnish himself and his retinue with horses and armour to fight for his overlord in battle. It was effectively the size of a fief sufficient to support one knight in the ongoing performance of his feudal duties (knight-service).
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.
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.
In the Middle Ages, especially under the European feudal system, feoffment or enfeoffment was the deed by which a person was given land in exchange for a pledge of service. This mechanism was later used to avoid restrictions on the passage of title in land by a system in which a landowner would give land to one person for the use of another. The common law of estates in land grew from this concept.
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 lord paramount, 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.
A lordship is a territory held by a lord. It was a landed estate that served as the lowest administrative and judicial unit in rural areas. It originated as a unit under the feudal system during the Middle Ages. In a lordship, the functions of economic and legal management are assigned to a lord, who, at the same time, is not endowed with indispensable rights and duties of the sovereign. Lordship in its essence is clearly different from the fief and, along with the allod, is one of the ways to exercise the right.
Feu was long the most common form of land tenure in Scotland, as conveyancing in Scots law was dominated by feudalism until the Scottish Parliament passed the Abolition of Feudal Tenure etc. (Scotland) Act 2000. The word is the Scots variant of fee. The English had in 1660 abolished these tenures, with An Act Taking Away the Court of Wards ..., since 1948 known as the Tenures Abolition Act 1660.
A lord paramount is a term of art in feudal law describing an overlord who holds his own fief from no superior lord. It thus describes a person who holds allodial title, owing no socage or feudal obligations such as military service. This was distinguished from a mesne lord who held his own fief from a superior.
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 Book of Fees is the colloquial title of a modern edition, transcript, rearrangement and enhancement of the medieval Liber Feodorum which is a listing of feudal landholdings or fief, compiled in about 1302, but from earlier records, for the use of the English Exchequer. Originally in two volumes of parchment, the Liber Feodorum is a collection of about 500 written brief notes made between 1198 and 1292 concerning fiefs held in capite or in-chief, that is to say directly from the Crown.
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 Magnum Concilium, 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 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.
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.
