Search Results for: lay tenure

lay tenure

Hist. Any tenure not held through religious service, such as a base tenure or a freehold tenure. • The three historical types of lay tenures are knight-service, socage, and serjeanty. See KNIGHT-SERVICE; SOCAGE; SERJEANTY. Cf. tenure by divine service.

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tenure

tenure n. 保有;持有;占有;领有 指对地产、职位等不动产性质的客体或权利的把持,常和一定的时间概念相联系。它可以指这一状态、事实,也可以指方式等,当然更多地是用来指封建地产的保有。保有是封建主义的直接结果,它区分了直接所有权〔dominium directum〕和用益所有权〔dominium utile〕,其中前者归上一级的封赠人,即领主,后者归下一级的受赠人,即封臣。封建地产的保有可作如下分类:首先是俗界保有〔lay tenure〕和教役保有〔spiritual tenure〕,其中前者又分为自由保有〔frank tenement; freehold〕和奴役性保有〔villeinage〕;后者分为自由教役保有〔frankalmoigne; free alms〕和限定教役保有〔tenure by devine service〕。

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socage

socage (sok-ij). Hist. A type of lay tenure in which a tenant held lands in exchange for providing the lord husbandry-related (rather than military) service. • Socage, the great residuary tenure, was any free tenure that did not fall within the definition of knight-service, serjeanty, or frankalmoin. Cf. KNIGHT-SERVICE; VILLEINAGE. “If they [the peasant’s duties]

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knight service

knight-service. Hist. A type of lay tenure in which a knight held land of another person or the Crown in exchange for a pledge of military service. — Also termed knight’s service; (Scots law) ward holding. Cf. BASE SERVICE; SOCAGE; VILLEINAGE. “By far the greater part of England is held of the king by knight’s

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serjeanty

serjeanty (sahr-j[schwa]n-tee). Hist. A feudal lay tenure requiring some form of personal service to the king. • The required service was not necessarily military. Many household officers of the Crown, even those as humble as bakers and cooks, held lands in serjeanty. — Also spelled sergeanty. — Also termed sergeantry. grand serjeanty. Hist. Serjeanty requiring

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assize utrum

assize utrum (yoo-tr[schwa]m). [Latin] Hist. A writ to determine whether land claimed by a church was held by lay or spiritual tenure. • This writ is named after its emphatic word, which required the fact-finder to determine whether (utrum) the land belonged to the church. — Also termed (erroneously) assize of utrum; assize de utrum.

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