689:
The eldest would accept the younger brothers "in homage" in return for their allegiance. This was a process called subinfeudation. Even commoners could subinfeudate to their social inferiors. Large pieces of land were given to the great lords by the Norman Crown. Land title under
William was a life tenure, meaning the land would pass back to the Crown upon the death of the lord. These lands were then subinfeudated to lesser lords. Landholdings in England were of this pattern: large land grants issued to the great lords by the Crown. These were divided up among the younger sons, who then subinfeudated them to lesser lords and commoners. These in turn "accepted in homage" their lessers who held even smaller parcels of land. Determining who owed what feudal incidences filled the court dockets for generations. With the passage of time, land tenures came to be inherited by the survivors of the great lords upon their deaths. Accompanying the Norman change in inheritance was a recognition of the ability of even the lowest of landholders the right of inheritance. In the 12th century, this custom was extended to the commoners. It was discovered that granting an interest in the passage of land to their children, commoners would tend the land with greater economy. The children of tenants were assured their inheritance in the land. This also meant, as a practicality, the land could be sold or bequeathed to the Church. The ancient method of the Normans was a grant to the Church in
1033:". In substitution, the tenant would alienate his land, and the attendant duties owed to the lord. After alienation, the tenant expected nothing from the new tenant, other than the price of the alienation. In subinfeudation, the new tenant would become a vassal owing feudal duties to the person who alienated. The previous tenant would become the lord to the new tenant. Both these practices had the effect of denying the great lord of the land his rights of feudal estate. The bond of homage was between lord and servant. It was difficult for the medieval mind to think of this in any terms other than as a personal bond. The idea that a feudal bond could be bought or sold was repugnant to the ruling class. All the same, the practice of alienation of rights to the land had been going on in England for some centuries. A tenant who was accepted in homage by the lord could "subinfeudate" to one or more under-tenants. It was difficult or impossible for the overlord to extract any services (such as knight service, rent, homage) from the new tenants. They had no bond to the overlord.
1454:
by claiming that "every child be his father's heir". The reality was different, and resulted in primogeniture inheritance. The reorganization of the country along the lines of feudalism was both shocking and difficult. Traitors forfeited their land to the Crown. This principle was designed to weaken opposition to the Crown. Frequently, it punished innocent members of the traitor's family. There was a saying from Kent: "Father to the bough, son to the plough" (the father hanged for treason, the son forced to work the land ). The norm in Kent was that confiscated lands would be restored to the innocent family members. Seized lands throughout
England were often restored to the family, despite what royal decrees may have indicated. It is arguable that the institution of inheritance and subsequent alienation rights by tenants ended feudalism in England.
110:
1698:
paravail", or the lowest tenant. Out of the feudal tenures or holdings sprung certain rights and incidents, among those which were fealty and escheat. Both these were incidents of socage tenure. Fealty is the obligation of fidelty which the tenant owed to the lord. Escheat was the reversion of the estate on a grant in fee simple upon a failure of the heirs of the owner. Fealty was annexed to and attendant on the reversion. They were inseparable. These incidents of feudal tenure belonged to the lord of whome the lands were immediately holden, that is to say, to him of whom the owner for the time being purchased. These grants were called subinfeudations.
1263:
48:
1723:
himself by the fealty and such services as might be reserved by the act of feoffment. Thus, a new tenure was created upon every alienation; and thus there arose a series of lords of the same lands, the first called the "chief lord" holding immediately of the sovereign, the next grade holding of them, and so on, each alienation creating another lord and another tenant. This practice was considered detrimental to the great lords, since it deprived them to a certain extent the fruits of their tenure, such as escheats, marriages, wardships and the like.
980:
1165:– a gift of land to the Church. A wardship would be of no value at all. An escheat of the land (a reclamation of the land by the overlord) would allow the owner to take control of the land. But the act of placing the land in frankalmoin left it in the hands of a group of lawyers or others who allowed the use of the land by a Church organization. The overlord would have nominal control of the corporation which had never entered into a feudal homage arrangement. The corporation owed nothing to the overlord.
853:
gift. It is moreover generally lawful for a man to give during his lifetime a reasonable part of his land to whomsoever he will according to his fancy, but this does not apply to deathbed gifts, for the donor might then, (if such gifts were allowed) make an improvident distribution of his patrimony as a result of a sudden passion or failing reason, as frequently happens. However, a gift made to anyone in a last will can be sustained if it was made with the consent of the heir and confirmed by him.
799:
land law in
Chapters 7, 32 and 36. The rights of widows were protected and landowners were forbidden to alienate so much of their land that the lord of the fee suffered detriment. Collusive gifts to the Church (which were frequently made in order to evade feudal service) were forbidden. Coke interprets this as though its only effect was to make the excessive gift voidable by the donor's heir. It certainly could not be voided by the donor's lord. This opinion was reiterated by Bracton.
1499:
1689:
lord. Under the system of
English feudal tenures, all lands in the Kingdom, were supposed to be holden mediately or immediately by the King who was styled the "lord paramount", or above all. Such tenants as held under the King immediately, when they granted out portions of their lands to inferior persons, also became lords with respect to those inferior persons, since they were still tenants with respect to the King, and thus partaking of a middle nature were called "
1804:
540:, tenants could either subinfeudate their land to another, which would make the new tenant their vassal, or substitute it, which would sever the old tenant's ties to the land completely and substitute the new tenant for the old with regards to obligations to the immediate overlord concerned. Subinfeudation would prove problematic so was banned by the statute.
603:, translatable as "because of the buyers" and traditionally translated into English as "Forasmuch as the Purchasers", are the first two words of the statute in its mediaeval Latin. It is used in the statute to announce its intent and background, the "Purchasers" referring to subinfeudators whom the statute was trying to counteract.
641:
1371:
must have been created prior to the enactment of the statute. The old feudal sequence was: the King granted land to a great lord, who then granted to lesser lords or commoners, who in turn repeated the process, becoming lesser lords (mesne lords) themselves. This was subinfeudation. The effect was to
1356:
The statute provided that subtenants could not be allowed to alienate land to other persons while retaining the nominal possession and feudal rights over it. The seller had to relinquish all rights and duties to the new buyer, and retained nothing. This was the end of subinfeudation. The middle lords
1453:
attempted to formalize practices of exchanging money for land, which had been going on for some centuries. There were other problems in inheritance which had festered since the time of
William I. In a proclamation from 1066, William swept away the entire tradition of familial or allodial inheritance
1173:
Throughout his work, Bracton shows a prejudice in favour of free alienation. Concerning subinfeudation, he argues that it does no wrong, though it may clearly do damage to the lords on occasion. It has been difficult to determine how much of this opinion is based on
Bracton's prejudice, and how much
1169:
was sympathetic to this arrangement. According to him the lord is not really injured. His rights to the land remain unscathed. It is true they have been significantly diminished. He had suffered damnum, but there had been no iniuria. Bracton was of the opinion that a gift of land to the Church could
895:
It became common practice to subinfeudate to the younger sons. There are cases from the time, in which a writ of the court was granted demanding that the eldest, inheriting son be forced to "accept in homage" the younger sons as a way of enforcing their subinfeudation. As there had been no survey of
891:
issued an important ordinance in 1256. In it the King asserted that it was an intolerable invasion of royal rights that men should, without his special consent, enter, by way of purchase or otherwise, the baronies and fees that were holden to him in chief. Anyone who defied the decree was subject to
852:
has followed upon the gift it shall remain perpetually to the donee and his heirs if it were granted by hereditary right. But if seisin did not follow upon the gift it cannot be maintained after the donor's death against the will of the heir, for it is to be construed rather than a true promise of a
847:
Every freeman, therefore, who holds land can give a certain part in marriage with his daughter or any other woman whether he has an heir or not, and whether the heir is willing or not, and even against the opposition and claim of such an heir. Every man, moreover, can give a certain part of his free
1396:
Nothing in the statutes addressed the King's rights, and tenants in chief of the crown continued to need royal licence to alienate their estates. On the contrary, at the time the right of alienation by substitution was being set in
Statute, the King's claim to restrain any alienation by his tenants
1086:
gives no indication that a tenant needed the lord's consent to alienate his rights to land. He does speak at length of the rights of expectant heirs, and this should cause some restraints on alienation. He also says the rights of the lord must be considered. It can be inferred from
Glanvill that no
857:
It has been commented that this illustrates a desire in
Glanvill's time to formalize the practices of the day, in which someone having a tenancy could dispose of his land before death. While several problems were addressed (land given in marriage, land given on a whim, or on a death bed), the rules
798:
It was determined during the minority rule of Henry III that the Crown should not be limited, hence the compromises seen in the
Charters of 1216 and 1217. In 1225, Henry III came of age, and a fourth Great Charter was issued, which varied only slightly from the third Charter. The charter deals with
737:
which assured little beyond a life tenure. The English charters were careful to avoid saying the donee was to take the estate for life, or whether the heir was to have any rights. At this time, there is abundant evidence that lords refused to regrant on any terms to the deceased tenant's heirs; the
688:
inheritance, meaning the eldest surviving son became the sole heir of the baronial estate. The intent of primogeniture inheritance was to keep large land holdings in the hands of a relatively few, trustworthy lords. The other sons could be accommodated by becoming under-lords to the surviving heir.
1688:
At common law a feoffment in fee did not originally pass an estate in the sense in which the term is now understood. The purchaser took only a usufructary interest, without the power of alienation in prejudice of the lord. In default of heirs, the tenure became extinct and the land reverted to the
900:
over 200 years earlier, outright title to land had become seriously clouded in many cases and was often in dispute. The whole feudal structure was a patchwork of smaller land holders. Although the history of the major landholding lords is fairly well recorded, the nature of the smaller landholders
794:
re-issued the charter in 1216, this time with papal assent. It was very much modified in favor of the Crown. The third Great Charter in 1217 is the first document of a legislative kind that expressly mentioned any restraint of alienation in favor of the lord. It says: "No free man shall henceforth
726:. In return, for these privileges the lord was liable to forfeit his rights if he neglected to protect and defend the tenant or did anything injurious to the feudal relation. The word "fee" is associated with the Norman feudal system and is in contradistinction to the Anglo-Saxon allodial system.
1735:
The effect of Statute Quia Emptores is obvious. By declaring that every freeman might sell his lands at his own pleasure, it removed the feudal restraint which prevented the tenant from selling his land without the license of his grantor, who was his feudal lord. Hence by virtue of the Statute,
1722:
In the early vigor of the feudal system, a tenant in fee could not alienate the feud without the consent of the immediate superior; but this extreme rigor was soon afterward relaxed, and it was avoided by the practice of subinfeudation, which consisted in the tenant enfeoffing another to hold of
668:
by the group, meaning the group held the land. It was probably of little relevance when the titular head of the clan or family died. Traditional lands continued to be held in community by the group. The exact nature of allodialism as it existed in Anglo-Saxon England has been debated, but to no
1697:
to A and A granted a portion of the land to B, now B was said to hold of A, and A of the King; or in other words, B held his lands immediately of A and mediately of the King. The King was therefore styled "Lord Paramount"; A was both tenant and lord, or a mesne lord, and B was called "tenant
1472:
The Statute was considered a compromise. It allowed a continuance of the practice of selling (alienating) land, tenancy, rights and privileges for money or other value, but by substitution. One tenant could be replaced by many. In this, the great lords were forced to concede to the right of
1740:
were left at liberty to alien all or any part of their lands at their own pleasure and discretion. Quia Emptores is by express wording, extended only to the lands held in fee simple. Included in its applications, however, are leases in fee and fee farmlands. Property in the U. S., with few
738:
deed phrase "to and his heirs and assigns" is the product of efforts by purchasers to preserve such rights on behalf of those who might inherit or purchase the land from them. The practice of demanding a monetary payment for regranting of tenancy to the heirs quickly became the norm.
816:
It was discovered that agricultural land would be more economically tended if the peasants were assured an inheritance of the land to their descendants. This right to inherit was quickly followed by the right to alienation, i.e. the right to sell the inheritance to an outside party.
1521:. Expulsion of tenants from the land for failure to perform was always a difficult idea, and usually necessitated a lengthy court battle. The lord who escheated could not profit from the land, and had to hold it open for the tenant who could fulfill the obligation at a future date.
1762:
ever became effectual in any part of the United States by express or implied adoption or as part of the common law did not have to be ascertained. It was clear that no such statute was ever needed in Michigan or in any of the western states because no possibility of reverter or
561:; the retention and control by the nobility of land, money, soldiers and servants via direct salaries; and land sales and rent payments. By the mid-fifteenth century the major nobility were able to assemble estates, sums of money and private armies on retainer through post-
1745:. This is by virtue of state constitutional provisions, organic territorial acts incorporated into legal systems of states subsequently organized, statutes and decisions of the courts. They are subject to escheat only in the event of failure of successors in ownership.
807:
The use of land by tenants (serfs and peasants) was more difficult. Some families stayed on the land for generations. When the nominal head of the family died, it was usually of little consequence to the lord, or the owners of the title to the land. The practice of
1641:. The territories were granted under conditions by which English law controlled private estates of land. The colonies were royal grants. An entire province, or any part of it, could be leased, sold or otherwise disposed of like a private estate. In 1664, the
1830:
moribund in fact. But the language of land law still sounds medieval, and takes its concepts from the time of Edward I and before. The following list of words common in U.S. land law are from Norman England (with their modern meaning in the United States):
820:
Disputes arose when a family member wanted to leave inherited land to the Church, or wanted to sell the land to a third party. Questions concerning the rights of the overlord and the other family members were frequently heard in the courts prior to
858:
were still vague, when compared to similar cases in contemporaneous France. In the latter, strict rules had arisen defining exact amounts which could be allotted in situations such as "alienation of one-third, or alienation of one-half" of a
1392:
should hold the same lord and by the same services, of whom and by which the feoffor held. In case only a part was sold, the services were to be apportioned between the part sold and the part retained in accordance with their quantities.
812:
whereby the peasants pledged a payment (either in agricultural goods or money) for the privilege to inhabit and farm the land became the standard practice. After the payment, the peasant was considered "soked", that is, paid in full.
1788:
moot by stating: "all lands within this state are declared allodial, so that, subject only to liability to escheat, the entire and absolute property is vested in the owners, according to the nature of their respective estates".
827:. In general, it was held that a donor should pay the other parties who had an interest to give them relief. However, the results were haphazard and the rulings of various courts were patchwork, and there was little established
1667:
was suspended in the colonies. Arguably, certain aspects of it may still be in effect in some of the original colony states such as New York, Virginia, Maryland and Pennsylvania. However, like everything else involving
753:
If any of my earls, barons or other tenants in chief die, his heir shall not redeem his land as he did in the time of my brother , but shall take it up with a just and lawful relief. The men of my barons shall take up
1823:
was the effective law within the colonies, the effect of the statute is still present in United States land laws. Without a doubt, the U.S. Constitution, and various state constitutions and legislative acts have made
1064:
is entitled to a wardship; but it will be worth very little: instead of being entitled to enjoy the land itself until the heir is of age, he will get a few annual pounds of pepper. Instead of enjoying the land by
575:. Other sources indicate the essence of bastard feudalism as early as the 11th century in the form of livery and maintenance, and that elements of classical feudalism are significant as late as the 15th century.
1253:
consider this remarkable since Bracton does allow that the lord cannot substitute for himself in the bond of homage a new lord who is the enemy of the tenant, or too needy to fulfil the duties of warranty.
1026:
believe Coke's opinion to be the more valid one. Both views may have been true. Modern scholars may have given more weight to the written and declared law of the Normans than existed in reality.
1022:
was of a differing conclusion. The "learning of feuds" started with the inalienability of the fief as a starting point. Gradually, the powers of the tenant grew at the expense of the lord.
1460:
only formalized that end. In essence, feudalism was turned on its head. The ones with the apparent rights were the tenant class, while the great lords were still beholden to the Crown.
1495:. History would indicate the great lords were winners as well as the Crown, since land bought from lowly tenants had a tendency to stay within their families, as has been noted above.
1409:
whereby lands could be donated to a Church organization to be held in perpetuity. Frankalmoign created a tenure whereby the holder (the Church) was exempt from all services, except
629:
75:
2795:
1961:
778:
of 1215 gave little mention of the rights of alienation. It contained 60 chapters, and represented the extreme form of baronial demands. John managed to receive a
1955:
1483:
merely attempted to rationalize and control these practices. The great lords gained by ending the practice of subinfeudation with its consequent depreciation of
1388:
addressed the question of outright sales of land rights. It declared that every freeman might sell his tenement or any part of it, but in such a manner that the
497:
also passed in 1290, was intended to remedy land ownership disputes and consequent financial difficulties that had resulted from the decline of the traditional
1569:, as a leasehold estate is not considered a feudal estate being neither inheritable (in the Middle Ages) nor (as it remains) capable of existing forever.
1075:
in 1290 ended all subinfeudation and made all alienation complete. Once a sale of land was made, the new owner was responsible for all feudal incidents.
892:
seizure by the sheriff. Later case law indicates jurists remained largely ignorant of this decree, which suggests the Crown was reluctant to enforce it.
1380:
mandated that when land was alienated, the grantee was required to assume all tax and feudal obligations of the original tenant, known as substitution.
795:
give or sell so much of his land as that out of the residue he may not sufficiently do to the lord of the fee the service which pertains to that fee."
924:
set about to rationalize and modernize the law during his thirty-five year reign. The first period, from 1272 to 1290, consisted of the enactment of
1018:
regarded the English tradition as one of ancient liberty dictated by custom. The tenant had relative freedom to alienate all or part of his estate.
1527:
laid out, with some definition which had previously been lacking in the issue of tenures. In a sense, the old stereotypes were locked in place.
1934:
The terms "fee", "fee tail", "fee tail estate", "fee tail tenant", "fee simple" and the like are essentially the same as they were defined in
2756:
2731:
1646:
1361:(who could be common persons) and had granted land for service to those lower on the social scale could no longer come into existence. After
1767:
in the party conveying an estate ever existed. At all times, escheat could only accrue to the sovereign, which, in Michigan, is the state.
875:. In 1198 the itinerant justices were directed to make an inquiry into the nature of the King's serjeanties. This was repeated in 1205 by
491:, instead requiring all tenants who wished to alienate their land to do so by substitution. The statute, along with its companion statute
1372:
make the transfer of land a completely commercial transaction, and not one of feudalism. There were no provisions placed upon the Crown.
451:
917:
628:, with a corresponding English title "A Statute of our Lord The King, concerning the Selling and Buying of Land". Its citation is
528:
20:
70:
2692:
766:. By the time of Bracton, it was settled law that the word "fee" connoted inheritability and the maximum of legal ownership.
1538:. Socage grew at the expense of frankalmoign. The tenant in chief could not alienate without the license of the King. Petty
1423:
allowed no new tenure in frankalmoign, except by the Crown. The issues arising from frankalmoign had been addressed by the
19:
This article is about the 1290 law also known as Statute of Westminster III. For other similarly-named legislation, see
2676:
2660:
1661:, and under his will devising the province legal complications arose which necessitated a suit in chancery. Over time,
1003:
2800:
2034:
1708:
had never been effective in the colonies. A different opinion was rendered by the New York court in the 1859 case of
1469:
was enacted in the interest of the great lords. The one person who had all to gain and nothing to lose was the King.
944:(1279). The latter was designed to stop the increasing amount of lands which were ending up in Church ownership. The
1753:, the Supreme Court of Kansas stated: "Feudal tenures do not and cannot exist. All tenures in Kansas are allodial."
848:
tenement to whomsoever he will as a reward to his service, or in charity to a religious place, in such wise that if
2835:
2830:
2825:
1037:
give the following example: In the case of subinfeudation, the old tenant was liable for services to the lord. If
549:
hastened the end of feudalism in England, although it had already been on the decline for quite some time. Direct
444:
109:
674:
372:
2845:
2840:
2810:
1776:
932:(1278), and the incorporation of recently conquered Wales into the realm. These were followed by the Statute
553:
were increasingly being replaced by cash rents and outright sales of land which gave rise to the practice of
297:
116:
1345:
1010:
that in the middle of the 13th century the tenant enjoyed a large power of disposing of his tenement by act
2855:
706:" was the feudal maxim. These grants were in turn subject to subinfeudation. The principal incidents of a
673:
Saxon allodialism was a highly idealistic socialist/communitarian state. Countering this utopian view was
1997:
945:
925:
2536:
1674:, opinion varies, and some element of confusion reigns. Some U.S. state court decisions have dealt with
2805:
1014:, though this was subject to some restraints in favor of his lord. Other opinions have been expressed.
929:
437:
1433:
took mortmain one step further by banning outright the formation of new tenures, except by the Crown.
887:. These could not be alienated without a royal licence. The Charter of 1217 reaffirmed this doctrine.
2680:
2664:
2063:
2022:
1835:
1007:
678:
620:
515:
of the statute in its original mediaeval Latin, which can be translated as "because the buyers". Its
484:
862:
or conquest. Glanvill is imprecise, using terms such as "a reasonable amount" and "a certain part".
2820:
2046:
1937:
1098:
gives several examples of escheat occurring by a mesne lord (middle lord in the feudal structure):
951:
2753:
2671:. Vol. 1 (2nd ed.). Cambridge University Press. pp. 332–335, 337, 354–356, 608–610.
1623:
The English colonies in North America were founded upon royal grants or licenses. Specifically,
1331:
696:
In English law after the Conquest, the lord remained a grantor after the grant of an estate in
2815:
2790:
1849:
957:
876:
787:
730:
645:
516:
472:
312:
60:
52:
1970:
in which the grantor makes no covenants for title but grants all rights, title and interest.
2850:
1424:
941:
913:
888:
791:
742:
586:
in 2009. It had an impact in Australia, as well as colonial America and thereby the modern
251:
207:
101:
1130:
should only be awarded 10 shillings. Bracton held this problem to be without solution: Is
1029:
For some time, two kinds of alienation had been occurring. These were "substitution" and "
8:
921:
884:
840:
681:
who found it to be inconsistent with extant Anglo-Saxon documents from pre-Norman times.
616:
Statutum Westm. iij. The Statute of Westminster the Third, viz. of Quia Emptores Terrarum
583:
476:
197:
142:
2770:
831:
from jurisdiction to jurisdiction. This difficulty is illustrated in statements made by
567:
land management practices and direct sales of land. It is thought by historians such as
2774:
1736:
passed in 1290, subinfeudation was abolished and all persons except the King's tenants
1632:
1577:
The statute was repealed in Ireland by the Land and Conveyancing Law Reform Act, 2009.
1412:
1262:
1083:
1019:
832:
746:
362:
202:
2697:(1963 ed.). London, England: Dawsons of Pall Mall. 1805 – via Hahti Trust.
2030:
1985:
783:
579:
572:
558:
237:
212:
1718:
had always been in effect in New York and all the colonies. There, the court noted:
979:
2002:
1903:
1893:
1887:
1562:
1507:} allowed freemen to sell their rights to tenancy or rights of inheritance in land.
1166:
1095:
790:
died shortly after that in 1216. The council which ruled in the name of the infant
660:
of England in 1066, the Anglo-Saxon law of land succession was customary. Land, or
502:
392:
1684:. There the court record is useful in describing the nature of English feudalism:
1417:(bridge and road repair, militia service, and fortification building and repair).
2760:
1981:
1650:
1624:
657:
649:
568:
322:
192:
123:
2765:
1921:
1869:
1742:
1628:
1294:
1030:
983:
786:
annulling the Magna Carta. Magna Carta was effective law for about nine weeks.
665:
488:
480:
352:
327:
242:
177:
152:
2084:
90:
2784:
2773:
as in force today (including any amendments) within the United Kingdom, from
2059:
1949:
1474:
1473:
alienation to the tenants. They had been at risk of losing their services by
1314:
1193:
to hold the whole or part of the tenement by a less service. The law permits
897:
719:
685:
640:
587:
550:
382:
367:
2687:. Vol. 2 (2nd ed.). Cambridge University Press. pp. 292–294.
1927:
1841:
1658:
1654:
1642:
1531:
1498:
1406:
1289:
1162:
935:
690:
571:
that this then developed into one of the possible underlying causes of the
493:
412:
317:
65:
A Statute of our Lord The King, concerning the Selling and Buying of Land.
1694:
1463:
In the opinion of Pollack and Maitland, it is a mistake to conclude that
1284:
1015:
1011:
907:
775:
763:
670:
521:
A Statute of our Lord The King, concerning the Selling and Buying of Land
307:
287:
247:
227:
1924:– "one who holds or occupies the land under some kind of right or title"
1330:(also called: distress or districtio), previously legislated for in the
608:
Statute qd null emat tras de aliis tenend qa de capitalibz dnis, &c.
2725:
Select Charters and the Illustrations of English Constitutional History
2619:
61 American Jurisprudence 2nd Perpetuities and Restraints on Alienation
1909:
1690:
1488:
1358:
995:
779:
715:
697:
611:
407:
147:
1566:
1477:
and economic dilution. This practice had been going on for some time.
1280:
was a kind of legislative afterthought meant to rectify confusion in:
1122:
entitled to 5, 10 or 15 shillings a year? While it can be argued that
1967:
1884:– "physical delivery of possession of land by feoffeor to the feofee"
1881:
1863:
1539:
1327:
1306:
1041:
991:
866:
836:
828:
498:
427:
357:
342:
167:
2645:
Potter's Historical Introduction to English Law and Its Institutions
1958:
in which the grantor only covenants to warrant and defend the title.
1534:, since the donee was a layman; it would be reckoned by the laws of
1447:
was a proactive or reactive measure, it is logical to conclude that
733:
granted fiefs to his lords in the manner of a continental or feudal
2064:""The Quit Rent System in Colonial New South Wales" [2009]"
1635:. In this sense, they were founded upon the principles outlined by
1492:
1368:
859:
734:
707:
347:
332:
267:
172:
157:
2504:
2471:
2318:
2235:
2461:
2459:
2407:
2405:
2252:
2250:
1875:
1764:
1756:
The Supreme Court of Michigan expressed the opinion that whether
1512:
1484:
1389:
1337:
1241:
is agreeable to it or not. Bracton does not even expressly allow
1066:
880:
723:
512:
417:
402:
337:
282:
277:
257:
182:
1803:
1653:. The sale was effected by deeds of lease and release. In 1708,
1205:, but this violated equity. Then as to substitutions, even when
1915:
1857:
1792:
1535:
1350:
849:
809:
711:
397:
217:
187:
162:
2456:
2435:
2402:
2306:
2247:
1899:
1299:
987:
758:) their lands from their lords with a just and lawful relief.
262:
769:
669:
definitive end. On one side, it has been argued that in the
2114:
1126:
is entitled to 15 shillings, it was Bracton's opinion that
272:
137:
1930:– "writ of execution on the property of a judgment debtor"
1702:
In this case, the New York court offered the opinion that
1087:
substitution could occur without the consent of the lord.
2743:, Round Hall Sweet & Maxwell, 2001, pp. 275–294.
2138:
1580:
2638:
Some Makers of English Law, The Tagore Series, 1937–1938
2104:
2102:
883:
and drengages that had been alienated since the time of
582:, albeit in highly amended form. It was repealed in the
2626:, George Bell and Sons, London, 1910 (pp. 149–150)
2183:
2171:
1161:
The worst case occurred when the tenant made a gift of
2558:
Case text repeated in 28 Am Jur 2nd Estates §§ 3 and 4
2549:
6 NY 467; quoted in 28 Am. Jur 2nd Estates, §§ 3 and 4
1964:
in which the grantor purports to convey in fee simple.
1680:. Prominent among these was the 1852 New York case of
1249:
is his personal enemy, or too poor to do the service.
904:
Some direction toward order had been laid down in the
879:
who ordered the seizure of all Lancaster serjeanties,
543:
By effectively ending the practice of subinfeudation,
2483:
2164:
2162:
2099:
1530:
Every feoffment made by a new tenant could not be in
644:
The Normans mandated primogeniture inheritance; here
2736:
Numa Denis Fustel de Coulanges (McMaster University)
2719:, University of Kansas Press, Lawrence, Kansas, 1992
969:
677:
in his essay "The Origins of Property in Land", and
802:
2655:(5th ed.). Boston: Little, Brown and Company.
2159:
966:(1290), which was only about 500 words in length.
956:which shaped the system of entailing estates. The
700:. There was no land in England without its lord: "
2126:
1056:to hold as a rent of a pound of pepper per year;
2796:Acts of the Parliament of England still in force
2782:
2675:
1782:The New York Constitution makes any question of
1545:
2659:
2510:
2477:
2465:
2441:
2411:
2324:
2312:
2256:
2241:
1945:There are four kinds of deeds in common usage:
1693:" or "middle lords". So, if the King granted a
1250:
1034:
1023:
2624:Select Historical Documents of the Middle Ages
1441:While historians are still divided on whether
2739:Lyall, Andrew, "Quia Emptores in Ireland" in
990:as rebuilt. It originated on land donated by
445:
2345:Dr. Brunner, Pol. Science Quarterly, xi. 339
2079:
2077:
2075:
2073:
701:
1975:
1935:
1847:
1825:
1818:
1808:
1794:
1783:
1770:
1757:
1713:
1703:
1675:
1669:
1662:
1636:
1556:
1522:
1516:
1502:
1478:
1464:
1455:
1448:
1442:
1428:
1418:
1410:
1400:
1383:
1375:
1362:
1275:
1266:
1070:
971:
961:
949:
933:
905:
870:
822:
618:in the Printed Copies and Translations. In
598:
578:As of 2020 the statute remains in force in
562:
544:
535:
506:
465:
32:
2741:Liber memorialis: Professor James C. Brady
1817:Although it is a matter of debate whether
1542:came to be treated as "socage in effect".
1170:be voided by the heirs, but not the lord.
762:Relief later was set at a rate per fee in
722:of one year's quit rent, and the right of
684:After the Conquest the rule became one of
452:
438:
2650:
2603:New York State Constitution Article 1; 12
2489:
2229:
2189:
2177:
2144:
2120:
2070:
1323:It indirectly affected the practices of:
1078:
960:was passed in 1285. This was followed by
770:Magna Carta and the Great Charter of 1217
1890:– "an estate in land held under a lease"
1813:exists in modern United States land law.
1802:
1497:
1261:
1090:
1069:, he will only receive a trifling rent.
978:
918:Simon de Montfort, 6th Earl of Leicester
639:
2691:
2108:
2783:
2722:
2537:"Electronic Irish Statute Book (EISB)"
2524:The Law of Real Property (8th Edition)
2132:
2047:"Electronic Irish Statute Book (EISB)"
1902:– "intervening"; related to the term "
1581:Colonial America and the United States
1185:to hold by a certain service and that
626:Statutu dni R de tris vendend et emend
117:Harold Sacramentum Fecit Willelmo Duci
2647:, Sweet and Maxwell Ltd. London, 1962
2633:, Little, Brown and Co., Boston, 1927
2616:28 American Jurisprudence 2nd Estates
1974:The last two are directly related to
1952:, which contains covenants for title.
1878:– "a party to whom a fee is conveyed"
1779:, not to be in effect in that state.
1712:(19 NY 68) where it was written that
1625:British colonization of North America
1048:to hold a knight's service, and then
606:The statute is given the Latin title
2219:Bracton, f. 169 b, Notebook pl. 1248
1561:does not apply to the creation of a
1550:
1174:it corresponded to actual practice.
2653:A Concise History of the Common Law
1918:– "possession of a freehold estate"
1906:" meaning an intervening conveyance
916:, and in the scanty legislation of
901:has been difficult to reconstruct.
13:
2705:, Cambridge University Press, 1925
2640:, Cambridge University Press, 1938
2390:Bracton, f. 169; Notebook pl. 1248
2087:. Parliament of the United Kingdom
1912:– "voluntary transfer of property"
91:Revised text of statute as amended
14:
2867:
2747:
2522:Megarry, Wade and Harpum (2012),
2363:Bracton, f. 23, passage "addicio"
1150:, whose rights have escheated to
1060:dies leaving an heir within age;
529:many English and British statutes
2268:Coke, 2nd Inst. 65; Co. Lit. 43a
2210:P & M, Vol . 1 p. 332, ibid.
1177:Bracton considers this problem:
803:Alienation by serfs and peasants
108:
46:
2733:The Origins of Property in Land
2597:
2585:
2573:
2561:
2552:
2543:
2529:
2516:
2495:
2447:
2426:
2417:
2393:
2384:
2375:
2366:
2357:
2348:
2339:
2330:
2297:
2284:
2271:
2262:
2222:
2213:
2204:
2195:
1980:. Other changes came after the
593:
2685:The History of the English Law
2669:The History of the English Law
2228:Glanvill, vii, 1, restated in
2150:
2053:
2039:
2015:
1860:– "to lease" or "let" premises
1586:Grants of the English Colonies
1405:ended the ancient practice of
1257:
675:Numa Denis Fustel de Coulanges
664:as it was called, was held in
373:Peerages in the United Kingdom
1:
2717:Common Law and Liberal Theory
2610:
2511:Pollock & Maitland (1968)
2478:Pollock & Maitland (1968)
2466:Pollock & Maitland (1968)
2442:Pollock & Maitland (1968)
2412:Pollock & Maitland (1968)
2325:Pollock & Maitland (1968)
2313:Pollock & Maitland (1968)
2257:Pollock & Maitland (1968)
2242:Pollock & Maitland (1968)
1777:Supreme Court of Pennsylvania
1546:Later history by jurisdiction
1251:Pollock & Maitland (1968)
1035:Pollock & Maitland (1968)
1024:Pollock & Maitland (1968)
869:had been settled long before
729:At the time of the Conquest,
635:
298:Feudal land tenure in England
2710:Background of the Common Law
2703:Laws of the Kings of England
2651:Plucknett, Theodore (1956).
1271:, in original medieval Latin
1134:entitled to the wardship of
624:it is given the Latin title
475:in 1290 during the reign of
7:
2754:Quia Emptores legal history
1998:History of English land law
1991:
1866:– "to give land to another"
1775:was stated in 1838, by the
1619:New York State Constitution
1221:a new tenant by enfeoffing
1106:at a rent of 10 shillings.
946:Statute of Westminster 1285
926:Statute of Westminster 1275
865:The issue of alienation of
471:is a statute passed by the
10:
2872:
2681:Maitland, Frederic William
2665:Maitland, Frederic William
2303:Blackstone, Com. Ii, 71–72
1896:– "delivery of possession"
1572:
1114:at a rent of 5 shillings.
525:Statute of Westminster III
523:. It is also cited as the
28:United Kingdom legislation
18:
2771:Text of the Quia Emptores
2694:The Statutes of the Realm
2594:, 3 Whart. 357 (Pa. 1838)
1436:
1201:for the service due from
1118:dies without an heir. Is
703:Nulle terre sans seigneur
679:Frederic William Maitland
621:The Statutes of the Realm
487:their lands to others by
89:
82:
69:
59:
45:
40:
2801:Legal history of England
2631:A History of English Law
2029:. London: Longman, 1995
2008:
1938:De Donis Conditionalibus
1854:– "injury without wrong"
952:De Donis Conditionalibus
646:William Duke of Normandy
534:Prior to the passage of
2831:Latin legal terminology
2826:13th century in England
2354:P & M p. 332, ibid.
1872:– "an interest in land"
1608:Mandelbaum v. McDonnell
1596:Van Renssalaer v. Hayes
835:(died 1190), the chief
16:English statute of 1290
2723:Stubbs, W. H. (1903).
2580:Mandelbaum v. McDonell
2085:"Quia Emptores (1290)"
1976:
1962:deed without covenants
1936:
1848:
1826:
1819:
1814:
1809:
1795:
1784:
1771:
1758:
1747:
1725:
1714:
1710:Van Rensselaer v. Hays
1704:
1700:
1676:
1670:
1663:
1637:
1557:
1523:
1517:
1508:
1503:
1479:
1465:
1456:
1449:
1443:
1429:
1419:
1411:
1401:
1384:
1376:
1363:
1332:Statute of Marlborough
1276:
1272:
1267:
1079:Glanvill on alienation
1071:
999:
994:in 1018, and became a
972:
962:
950:
934:
906:
896:land titles since the
871:
855:
823:
760:
749:contained the clause:
702:
653:
599:
563:
555:livery and maintenance
545:
536:
507:
501:in England during the
466:
33:
21:Statute of Westminster
2570:, 91 Kan 1, 136 P 953
1956:special warranty deed
1850:Damnum absque injuria
1806:
1733:
1720:
1686:
1682:De Peyster v. Michael
1590:De Peyster v. Michael
1501:
1265:
1158:by knight's service.
1091:Bracton on alienation
1002:It is the opinion of
982:
958:Statute of Winchester
948:contained the clause
930:Statute of Gloucester
845:
751:
731:William the Conqueror
643:
614:. It is known as the
473:Parliament of England
313:English feudal barony
53:Parliament of England
2846:English property law
2841:Medieval English law
2811:Feudalism in England
2766:Quia Emptores (Yale)
2759:3 March 2006 at the
2399:Bracton f. 45 b–46 b
2381:Bracton, f. 45 b, 46
2201:Charter, 1217, c. 39
1928:Writ of Fieri Facias
1799:in United States law
1749:In the 1913 case of
1729:28 Am Jur 2nd Estate
970:Alienation prior to
914:Provisions of Oxford
889:Henry III of England
792:Henry III of England
788:King John of England
743:Charter of Liberties
208:Feudal fragmentation
2856:Edward I of England
2836:Landlord–tenant law
2643:Kirkalfy, A. K. R.
2636:Holdsworth, W. S.,
2629:Holdsworth, W. S.,
2513:, pp. 355–366.
2480:, pp. 218–230.
2327:, pp. 330–331.
2244:, pp. 335–336.
2156:Charter 1217, c. 39
2123:, pp. 712–724.
1645:sold New Jersey to
1425:Statute of Mortmain
1209:has done homage to
942:Statute of Mortmain
885:Henry II of England
584:Republic of Ireland
143:Ecclesiastical fief
37:
2775:legislation.gov.uk
2727:. Clarendon Press.
2715:Stoner, James R.,
2701:Robertson, A. J.,
2677:Pollock, Frederick
2661:Pollock, Frederick
2622:Henderson, E. F.,
2168:Coke, 2nd Inst. 65
1815:
1633:proprietary colony
1509:
1413:trinoda necessitas
1397:was strengthened.
1273:
1233:will then hold of
1000:
833:Ranulf de Glanvill
747:Henry I of England
654:
551:feudal obligations
363:Customary freehold
203:Feudal maintenance
31:
2806:Real property law
2147:, pp. 22–23.
2027:Bastard Feudalism
1986:Statute of Frauds
1551:England and Wales
1367:, every existing
1319:economic delusion
784:Pope Innocent III
580:England and Wales
573:Wars of the Roses
559:bastard feudalism
531:with that title.
511:derives from the
462:
461:
238:Lord of the manor
213:Bastard feudalism
102:English feudalism
96:
95:
41:Act of Parliament
2863:
2728:
2708:Roebuck, Derek,
2698:
2688:
2672:
2656:
2604:
2601:
2595:
2592:Cuthbert v. Kuhn
2589:
2583:
2582:, 29 Michigan 78
2577:
2571:
2568:Miller v. Miller
2565:
2559:
2556:
2550:
2547:
2541:
2540:
2533:
2527:
2520:
2514:
2508:
2502:
2499:
2493:
2490:Plucknett (1956)
2487:
2481:
2475:
2469:
2463:
2454:
2451:
2445:
2439:
2433:
2430:
2424:
2421:
2415:
2409:
2400:
2397:
2391:
2388:
2382:
2379:
2373:
2370:
2364:
2361:
2355:
2352:
2346:
2343:
2337:
2336:Glanvill, vii. 1
2334:
2328:
2322:
2316:
2310:
2304:
2301:
2295:
2288:
2282:
2275:
2269:
2266:
2260:
2254:
2245:
2239:
2233:
2230:Plucknett (1956)
2226:
2220:
2217:
2211:
2208:
2202:
2199:
2193:
2190:Plucknett (1956)
2187:
2181:
2178:Plucknett (1956)
2175:
2169:
2166:
2157:
2154:
2148:
2145:Plucknett (1956)
2142:
2136:
2130:
2124:
2121:Plucknett (1956)
2118:
2112:
2106:
2097:
2096:
2094:
2092:
2081:
2068:
2067:
2057:
2051:
2050:
2043:
2037:
2019:
2003:English land law
1979:
1941:
1904:mesne conveyance
1894:Livery of seisin
1853:
1844:– "belonging to"
1829:
1822:
1812:
1798:
1787:
1774:
1761:
1751:Miller v. Miller
1717:
1707:
1679:
1673:
1666:
1640:
1614:Cuthbert v. Kuhn
1602:Miller v. Miller
1563:leasehold estate
1560:
1526:
1520:
1515:was affected by
1506:
1482:
1468:
1459:
1452:
1446:
1432:
1422:
1416:
1404:
1387:
1379:
1366:
1279:
1270:
1074:
975:
965:
955:
939:
911:
874:
826:
710:were an oath of
705:
648:is shown in the
602:
566:
548:
539:
510:
503:High Middle Ages
469:
454:
447:
440:
393:Avera and inward
127:
112:
98:
97:
50:
49:
38:
36:
30:
2871:
2870:
2866:
2865:
2864:
2862:
2861:
2860:
2821:1290 in England
2781:
2780:
2761:Wayback Machine
2750:
2613:
2608:
2607:
2602:
2598:
2590:
2586:
2578:
2574:
2566:
2562:
2557:
2553:
2548:
2544:
2535:
2534:
2530:
2526:, 3-015 (p. 42)
2521:
2517:
2509:
2505:
2500:
2496:
2488:
2484:
2476:
2472:
2464:
2457:
2452:
2448:
2440:
2436:
2431:
2427:
2423:Bracton f. 21 b
2422:
2418:
2410:
2403:
2398:
2394:
2389:
2385:
2380:
2376:
2371:
2367:
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2302:
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2255:
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2083:
2082:
2071:
2062:
2058:
2054:
2045:
2044:
2040:
2020:
2016:
2011:
1994:
1984:, 1535 and the
1982:Statute of Uses
1801:
1741:exceptions, is
1583:
1575:
1555:The statute of
1553:
1548:
1511:The process of
1439:
1260:
1248:
1245:to object that
1244:
1240:
1236:
1232:
1228:
1224:
1220:
1216:
1213:, nevertheless
1212:
1208:
1204:
1200:
1196:
1192:
1188:
1184:
1180:
1157:
1153:
1149:
1146:in socage, and
1145:
1141:
1137:
1133:
1129:
1125:
1121:
1117:
1113:
1109:
1105:
1101:
1093:
1081:
1063:
1059:
1055:
1051:
1047:
1040:
977:
805:
772:
658:Norman Conquest
650:Bayeux Tapestry
638:
596:
569:Charles Plummer
513:first two words
479:that prevented
458:
422:
377:
292:
222:
129:
128:
124:Bayeux Tapestry
121:
120:
85:
84:Status: Amended
55:
47:
29:
24:
17:
12:
11:
5:
2869:
2859:
2858:
2853:
2848:
2843:
2838:
2833:
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2823:
2818:
2813:
2808:
2803:
2798:
2793:
2779:
2778:
2768:
2763:
2749:
2748:External links
2746:
2745:
2744:
2737:
2729:
2720:
2713:
2712:, Oxford, 1990
2706:
2699:
2689:
2673:
2657:
2648:
2641:
2634:
2627:
2620:
2617:
2612:
2609:
2606:
2605:
2596:
2584:
2572:
2560:
2551:
2542:
2528:
2515:
2503:
2494:
2482:
2470:
2468:, p. 337.
2455:
2453:Bracton, f. 82
2446:
2444:, p. 333.
2434:
2432:Bracton, f. 81
2425:
2416:
2414:, p. 332.
2401:
2392:
2383:
2374:
2365:
2356:
2347:
2338:
2329:
2317:
2315:, p. 129.
2305:
2296:
2283:
2270:
2261:
2259:, p. 329.
2246:
2234:
2221:
2212:
2203:
2194:
2192:, pp. 24.
2182:
2180:, pp. 23.
2170:
2158:
2149:
2137:
2125:
2113:
2098:
2069:
2060:Campbell, Enid
2052:
2038:
2023:Hicks, Michael
2013:
2012:
2010:
2007:
2006:
2005:
2000:
1993:
1990:
1972:
1971:
1968:quitclaim deed
1965:
1959:
1953:
1932:
1931:
1925:
1919:
1913:
1907:
1897:
1891:
1885:
1879:
1873:
1867:
1861:
1855:
1845:
1839:
1807:The legacy of
1800:
1791:
1629:charter colony
1621:
1620:
1617:
1616:, Pennsylvania
1611:
1605:
1599:
1593:
1587:
1582:
1579:
1574:
1571:
1552:
1549:
1547:
1544:
1438:
1435:
1354:
1353:
1348:
1343:
1340:
1335:
1321:
1320:
1317:
1312:
1309:
1303:
1297:
1295:subinfeudation
1292:
1287:
1259:
1256:
1246:
1242:
1238:
1234:
1230:
1226:
1222:
1218:
1214:
1210:
1206:
1202:
1198:
1194:
1190:
1186:
1182:
1178:
1155:
1154:, and held of
1151:
1147:
1143:
1139:
1135:
1131:
1127:
1123:
1119:
1115:
1111:
1107:
1103:
1099:
1092:
1089:
1080:
1077:
1061:
1057:
1053:
1049:
1045:
1038:
1031:subinfeudation
998:abbey in 1147.
984:Buckfast Abbey
976:
968:
804:
801:
771:
768:
666:allodial title
637:
634:
595:
592:
489:subinfeudation
460:
459:
457:
456:
449:
442:
434:
431:
430:
424:
423:
421:
420:
415:
410:
405:
400:
395:
389:
386:
385:
379:
378:
376:
375:
370:
365:
360:
355:
350:
345:
340:
335:
330:
328:Knight-service
325:
320:
315:
310:
304:
301:
300:
294:
293:
291:
290:
285:
280:
275:
270:
265:
260:
255:
245:
243:Manorial court
240:
234:
231:
230:
224:
223:
221:
220:
215:
210:
205:
200:
195:
190:
185:
180:
178:Subinfeudation
175:
170:
165:
160:
155:
153:Allodial title
150:
145:
140:
134:
131:
130:
114:
113:
105:
104:
94:
93:
87:
86:
83:
80:
79:
73:
67:
66:
63:
57:
56:
51:
43:
42:
27:
15:
9:
6:
4:
3:
2:
2868:
2857:
2854:
2852:
2849:
2847:
2844:
2842:
2839:
2837:
2834:
2832:
2829:
2827:
2824:
2822:
2819:
2817:
2814:
2812:
2809:
2807:
2804:
2802:
2799:
2797:
2794:
2792:
2789:
2788:
2786:
2776:
2772:
2769:
2767:
2764:
2762:
2758:
2755:
2752:
2751:
2742:
2738:
2735:
2734:
2730:
2726:
2721:
2718:
2714:
2711:
2707:
2704:
2700:
2696:
2695:
2690:
2686:
2682:
2678:
2674:
2670:
2666:
2662:
2658:
2654:
2649:
2646:
2642:
2639:
2635:
2632:
2628:
2625:
2621:
2618:
2615:
2614:
2600:
2593:
2588:
2581:
2576:
2569:
2564:
2555:
2546:
2538:
2532:
2525:
2519:
2512:
2507:
2498:
2491:
2486:
2479:
2474:
2467:
2462:
2460:
2450:
2443:
2438:
2429:
2420:
2413:
2408:
2406:
2396:
2387:
2378:
2372:Bracton, f.48
2369:
2360:
2351:
2342:
2333:
2326:
2321:
2314:
2309:
2300:
2293:
2287:
2280:
2274:
2265:
2258:
2253:
2251:
2243:
2238:
2232:, p. 526
2231:
2225:
2216:
2207:
2198:
2191:
2186:
2179:
2174:
2165:
2163:
2153:
2146:
2141:
2134:
2129:
2122:
2117:
2111:, p. 106
2110:
2105:
2103:
2086:
2080:
2078:
2076:
2074:
2065:
2061:
2056:
2048:
2042:
2036:
2035:0-582-06091-5
2032:
2028:
2024:
2018:
2014:
2004:
2001:
1999:
1996:
1995:
1989:
1987:
1983:
1978:
1977:Quia Emptores
1969:
1966:
1963:
1960:
1957:
1954:
1951:
1950:warranty deed
1948:
1947:
1946:
1943:
1940:
1939:
1929:
1926:
1923:
1920:
1917:
1914:
1911:
1908:
1905:
1901:
1898:
1895:
1892:
1889:
1886:
1883:
1880:
1877:
1874:
1871:
1868:
1865:
1862:
1859:
1856:
1852:
1851:
1846:
1843:
1840:
1837:
1834:
1833:
1832:
1828:
1827:Quia Emptores
1821:
1820:Quia Emptores
1811:
1810:Quia Emptores
1805:
1797:
1796:Quia Emptores
1790:
1786:
1785:Quia Emptores
1780:
1778:
1773:
1772:Quia Emptores
1768:
1766:
1760:
1759:Quia Emptores
1754:
1752:
1746:
1744:
1739:
1732:
1731:s section 4:
1730:
1724:
1719:
1716:
1715:Quia Emptores
1711:
1706:
1705:Quia Emptores
1699:
1696:
1692:
1685:
1683:
1678:
1677:Quia Emptores
1672:
1671:Quia Emptores
1665:
1664:Quia Emptores
1660:
1656:
1652:
1648:
1644:
1639:
1638:Quia Emptores
1634:
1630:
1626:
1618:
1615:
1612:
1609:
1606:
1603:
1600:
1597:
1594:
1591:
1588:
1585:
1584:
1578:
1570:
1568:
1564:
1559:
1558:Quia Emptores
1543:
1541:
1537:
1533:
1528:
1525:
1524:Quia Emptores
1519:
1518:Quia Emptores
1514:
1505:
1504:Quia Emptores
1500:
1496:
1494:
1490:
1486:
1481:
1480:Quia Emptores
1476:
1475:apportionment
1470:
1467:
1466:Quia Emptores
1461:
1458:
1457:Quia Emptores
1451:
1450:Quia Emptores
1445:
1444:Quia Emptores
1434:
1431:
1430:Quia Emptores
1426:
1421:
1420:Quia Emptores
1415:
1414:
1408:
1403:
1402:Quia Emptores
1398:
1394:
1391:
1386:
1385:Quia Emptores
1381:
1378:
1377:Quia Emptores
1373:
1370:
1365:
1364:Quia Emptores
1360:
1352:
1349:
1347:
1344:
1341:
1339:
1336:
1333:
1329:
1326:
1325:
1324:
1318:
1316:
1315:apportionment
1313:
1310:
1308:
1304:
1301:
1298:
1296:
1293:
1291:
1288:
1286:
1283:
1282:
1281:
1278:
1277:Quia Emptores
1269:
1268:Quia Emptores
1264:
1255:
1252:
1175:
1171:
1168:
1164:
1159:
1097:
1088:
1085:
1076:
1073:
1072:Quia Emptores
1068:
1043:
1036:
1032:
1027:
1025:
1021:
1017:
1013:
1009:
1005:
997:
993:
989:
985:
981:
974:
973:Quia Emptores
967:
964:
963:Quia Emptores
959:
954:
953:
947:
943:
938:
937:
931:
927:
923:
919:
915:
910:
909:
902:
899:
898:Domesday Book
893:
890:
886:
882:
878:
873:
872:Quia Emptores
868:
863:
861:
854:
851:
844:
842:
838:
834:
830:
829:stare decisis
825:
824:Quia Emptores
818:
814:
811:
800:
796:
793:
789:
785:
781:
777:
767:
765:
759:
757:
750:
748:
744:
741:In 1100, the
739:
736:
732:
727:
725:
721:
717:
713:
709:
704:
699:
694:
692:
687:
686:primogeniture
682:
680:
676:
672:
667:
663:
659:
656:Prior to the
651:
647:
642:
633:
631:
627:
623:
622:
617:
613:
609:
604:
601:
600:Quia Emptores
591:
589:
588:United States
585:
581:
576:
574:
570:
565:
564:Quia Emptores
560:
556:
552:
547:
546:Quia Emptores
541:
538:
537:Quia Emptores
532:
530:
526:
522:
518:
514:
509:
508:Quia Emptores
504:
500:
499:feudal system
496:
495:
490:
486:
482:
478:
474:
470:
468:
467:Quia Emptores
455:
450:
448:
443:
441:
436:
435:
433:
432:
429:
426:
425:
419:
416:
414:
411:
409:
406:
404:
401:
399:
396:
394:
391:
390:
388:
387:
384:
383:Feudal duties
381:
380:
374:
371:
369:
368:Landed gentry
366:
364:
361:
359:
356:
354:
351:
349:
346:
344:
341:
339:
336:
334:
331:
329:
326:
324:
321:
319:
316:
314:
311:
309:
306:
305:
303:
302:
299:
296:
295:
289:
286:
284:
281:
279:
276:
274:
271:
269:
266:
264:
261:
259:
256:
253:
249:
246:
244:
241:
239:
236:
235:
233:
232:
229:
226:
225:
219:
216:
214:
211:
209:
206:
204:
201:
199:
196:
194:
191:
189:
186:
184:
181:
179:
176:
174:
171:
169:
166:
164:
161:
159:
156:
154:
151:
149:
146:
144:
141:
139:
136:
135:
133:
132:
125:
119:
118:
111:
107:
106:
103:
100:
99:
92:
88:
81:
77:
74:
72:
68:
64:
62:
58:
54:
44:
39:
35:
34:Quia Emptores
26:
22:
2816:1290s in law
2791:English laws
2740:
2732:
2724:
2716:
2709:
2702:
2693:
2684:
2668:
2652:
2644:
2637:
2630:
2623:
2599:
2591:
2587:
2579:
2575:
2567:
2563:
2554:
2545:
2531:
2523:
2518:
2506:
2497:
2485:
2473:
2449:
2437:
2428:
2419:
2395:
2386:
2377:
2368:
2359:
2350:
2341:
2332:
2320:
2308:
2299:
2291:
2286:
2278:
2273:
2264:
2237:
2224:
2215:
2206:
2197:
2185:
2173:
2152:
2140:
2128:
2116:
2089:. Retrieved
2055:
2041:
2026:
2017:
1973:
1944:
1933:
1816:
1781:
1769:
1755:
1750:
1748:
1737:
1734:
1728:
1726:
1721:
1709:
1701:
1687:
1681:
1659:Pennsylvania
1655:William Penn
1643:Duke of York
1622:
1613:
1607:
1601:
1595:
1589:
1576:
1554:
1532:frankalmoign
1529:
1510:
1471:
1462:
1440:
1407:frankalmoign
1399:
1395:
1382:
1374:
1355:
1322:
1311:substitution
1290:frankalmoign
1274:
1197:to distrain
1189:enfeoffs to
1181:enfeoffs to
1176:
1172:
1160:
1138:'s heir, if
1094:
1082:
1028:
1001:
936:Quo Warranto
903:
894:
864:
856:
846:
819:
815:
806:
797:
773:
761:
755:
752:
740:
728:
714:, a quit or
695:
683:
661:
655:
625:
619:
615:
607:
605:
597:
594:Nomenclature
577:
554:
542:
533:
524:
520:
494:Quo Warranto
492:
464:
463:
413:Scot and lot
323:Knight's fee
318:Feudal baron
115:
25:
2851:Land tenure
2294:, pp. 51–52
2133:Stubbs 1903
2109:Stat. Realm
2091:29 December
1842:Appurtenant
1567:sub-letting
1359:mesne lords
1285:land tenure
1258:The statute
1225:to hold of
1163:frankalmoin
1012:inter vivos
908:Magna Carta
776:Magna Carta
764:Magna Carta
691:frankalmoin
671:mark system
505:. The name
308:Land tenure
288:Free tenant
248:Manor house
228:Manorialism
2785:Categories
2611:References
1838:– "a sale"
1836:Alienation
1793:Legacy of
1657:mortgaged
1610:, Michigan
1598:, New York
1592:, New York
1052:enfeoffed
1020:Blackstone
996:Cistercian
756:relevabunt
716:chief rent
698:fee-simple
636:Background
612:Close Roll
517:long title
485:alienating
408:Feudal aid
148:Crown land
61:Long title
2683:(1968a).
2290:Gilbert,
1942:in 1285.
1888:Leasehold
1882:Feoffment
1738:in capite
1540:serjeanty
1328:distraint
1307:serjeanty
1217:may give
1110:enfeoffs
1102:enfeoffs
1042:enfeoffed
992:King Cnut
881:thegnages
877:King John
867:serjeanty
860:patrimony
837:Justiciar
630:18 Edw. 1
527:, one of
428:Feudalism
358:Gavelkind
343:Serjeanty
168:Feoffment
76:18 Edw. 1
2757:Archived
2667:(1968).
2277:Wright,
1992:See also
1910:Purchase
1743:allodial
1651:Carteret
1647:Berkeley
1604:, Kansas
1493:marriage
1489:wardship
1369:seignory
1346:marriage
1342:wardship
1237:whether
1142:held of
1084:Glanvill
1008:Maitland
940:and the
928:and the
922:Edward I
841:Henry II
735:benefice
708:seignory
662:folkland
632:. c. 1.
477:Edward I
353:Freehold
348:Copyhold
333:Baronage
268:Overlord
198:Affinity
173:Seignory
158:Appanage
71:Citation
2501:Roebuck
2292:Tenures
2279:Tenures
1876:Feoffee
1864:Enfeoff
1765:escheat
1627:was by
1573:Ireland
1513:escheat
1485:escheat
1390:feoffee
1338:escheat
1167:Bracton
1096:Bracton
1067:escheat
1004:Pollock
724:escheat
610:on the
481:tenants
418:Tallage
403:Scutage
338:Peerage
283:Serfdom
278:Peasant
258:Demesne
183:Feoffee
2033:
1922:Tenant
1916:Seisin
1870:Estate
1858:Demise
1536:socage
1437:Legacy
1351:socage
1334:(1267)
1305:petty
1229:, and
912:, the
850:seisin
810:socage
720:relief
712:fealty
398:Socage
218:Livery
193:Homage
188:Fealty
163:Vassal
78:. c. 1
2281:, 154
2009:Notes
1900:Mesne
1727:From
1695:manor
1691:mesne
1302:lords
1300:mesne
988:Devon
782:from
483:from
263:Glebe
2093:2019
2031:ISBN
1649:and
1491:and
1016:Coke
1006:and
780:bull
774:The
718:; a
273:Lord
252:List
138:Fief
1631:or
1565:or
1357:or
1044:to
986:in
839:of
745:of
557:or
519:is
2787::
2679:;
2663:;
2458:^
2404:^
2249:^
2161:^
2101:^
2072:^
2025:.
1988:.
1487:,
1427:.
920:.
843::
693:.
590:.
2777:.
2539:.
2492:.
2135:.
2095:.
2066:.
2049:.
2021:*
1247:C
1243:A
1239:A
1235:A
1231:C
1227:A
1223:C
1219:A
1215:B
1211:A
1207:B
1203:B
1199:C
1195:A
1191:C
1187:B
1183:B
1179:A
1156:A
1152:A
1148:B
1144:B
1140:C
1136:C
1132:A
1128:A
1124:A
1120:A
1116:B
1112:C
1108:B
1104:B
1100:A
1062:A
1058:B
1054:C
1050:B
1046:B
1039:A
754:(
652:.
453:e
446:t
439:v
254:)
250:(
126:)
122:(
23:.
Text is available under the Creative Commons Attribution-ShareAlike License. Additional terms may apply.
