Tenure Flashcards
tenures were classified according to…
the type of services which the tenant had to perform
Unfree vs free tenures
Unfree tenures were uncertain. Known as villein and they had no recourse to kings court. Eventually they did get same protection and were changed to be called copyholds, and later socage tenure after the Law of Property Act 1922.
Free tenures were either spiritual or lay. Lay tenures were either military (knight or grand sergeanty) or non military.
Incidents of Military Tenure
Aids, wardship, marriage, relief, primer seisn and escheat. They were extremely burdensome.
Free tenures: non military
petty sergeanty and socage. Free socage had varying service requirements but were free from burdensome incidents of tenure.
Statute Quia Emptores
1290 - abolished subinfeudation, guarantees free tenants rights to alienate by substitution their tenement without landlord consent or making payments, the alienee to hold the same services as the alienor, and to require the apportionment of the feudal services when only part of the tenement was alienated.
Only applied to estates in fee simple.
LONG TERM: effect was to reduce mesne lordships.
The Tenures Abolition Act
1660 - converted all tenures except frankalmoign and copyhold into free and common socage as from feb 1645. Abolished burdensom incidents of tenure from 1645, preserved honorary services of grand sergeanty but not the tenure itself.
Also all tenures created by king after the act are to be in free and common socage. result was that after 1645 there was only 2 tenures in england, free and common socage (freehold) and copyhold. The only incident left was escheat.
