Security: knight service Splendor: serjeantry tenure (grand and petty) (butlers, cooks) Spirit: Frankalmoin tenure (priest) Subsistence: free and common socage - residual tenure (fee simple) Free tenure always know role, what you have to do (aristocratic) – Unfree tenure (copyhold) held by vassal-labourers limited by custom – – Incidents of tenure (obligations) Homage and fealty Aids (dowry, knight of eldest son, ransom) Relief Customary dues (taxes) Escheat and forfeiture sole echo of feudal law – Expires from treason Today happens if die with no heir goes to crown – Company dissolved w/ no mechanism to distribute land Subinfeudation tenant transfers to someone else, pass down rights/obligations attempts – – to evade created more tenants/demense/etc – Response: Statute Quia Emptores Terrarum (1290) Prohibited subindfeudination (other than Crown) transfer land, but substitution not subinfeudation Statute of Tenures reduced vailable tenurial forms (only socage) – Tenure not abolished convenience, fear of consequences – British Settler Societies (Canada) Reception: process through which England’s laws became applicable in colonies For settled colonies of England form part of laws of the colony in so far as these are – “laws applicable to conditions in the colony Local law stayed in place until ruled by a new sovereign This was brought to Canada Some areas not applicable (exception not rule) Geographic factors eg. NFLD fishery, sea beds – Why did Cnd Courts largely accept UK common law? Convenience, of nobility (from England), prudence don’t pull one thread and all – comes apart judicial conservatism – Suggests colonies just extension of the UK Different context/circumstances can make own laws – Property, and Poverty Homelessness and Issue of Freedom 4 main points to focus on:
Security: knight service Splendor: serjeantry tenure (grand and petty) (butlers, cooks) Spirit: Frankalmoin tenure (priest) Subsistence: free and common socage - residual tenure (fee simple) Free tenure – always know role, what you have to do (aristocratic) Unfree tenure (copyhold) – held by vassal-labourers – limited by custom Incidents of tenure (obligations) Homage and fealty Aids (dowry, knight of eldest son, ransom) Relief Customary dues (taxes) Escheat and forfeiture – sole echo of feudal law Expires from treason Today happens if die with no heir – goes to crown Company dissolved w/ no mechanism to distribute land Subinfeudation – tenant transfers to someone else, pass down rights/obligations – attempts to evade – created more tenants/demense/etc Response: Statute Quia Emptores Terrarum (1290) Prohibited subindfeudination (other than Crown) transfer land, but substitution not subinfeudation Statute of Tenures – reduced vailable tenurial forms (only socage) Tenure not abolished – convenience, fear of consequences British Settler Societies (Canada) Reception: process through which England’s laws became applicable in colonies For settled colonies – “laws of England form part of laws of the colony in so far as these are applicable to conditions in the colony Local law stayed in place until ruled by a new sovereign This was brought to Canada Some areas not applicable (exception not rule) Geographic factors – eg. NFLD fishery, sea beds Why did Cnd Courts largely accept UK common law? Convenience, of nobility (from England), prudence – don’t pull one thread and all comes apart – judicial conservatism Suggests colonies just extension of the UK Different context/circumstances – can make own laws Property, and Poverty Homelessness and Issue of Freedom 4 main points to focus on:
Reynolds_60_Full_2013_Kellan_McKeen.docx