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A. It was a book of surveys which was compiled after the Council of Sarum, which set forth the holdings of the lords as granted to them by the king.
48. How many classes of tenure existed under the Feudal System?
49. Name them?
A. Free tenures and base or villein tenures. fany, Sec. 8.
50. What was a free tenure?
A. It was a tenure based on services which were proper for a free man to render.
51. What was a base tenure?
A. It was one based on services of a base or villein character; such services being considered beneath the dignity of a free man.
52. How many classes of free tenures were there? A. Three.
53. Name them?
A. Tenure in frankalmoign, tenure in chivalry, and socage tenure.
54. Explain what is meant by tenure in frankalmoign?
A. That whereby a religious corporation, aggregate or sole, holdeth the lands of the donor to them and their successors for ever.
55. How many kinds of tenure in chivalry were there?
56. Name them?
A. Tenure by sergeanty, and tenure by knightservice.
57. Explain tenure by grand-sergeanty?
A. Under this tenure land was held directly of the king and was accompanied by the rendition of some especially honorable service to the king, in person; as to carry his banner, his sword, or the like.
58. Explain tenure by knight-service?
A. This tenure involved the rendition of certain military services to the king in time of war, and in consideration of such service land was held. Tiffany, Vol. I, P. 21.
59. Explain socage tenure?
A. This included all tenures not in frankalmoign, by knight-service or by grand sergeanty. It usually involved the rendition of fixed and determinate services.
60. What were the essential elements of feuds ?
A. Fealty and homage on the part of the person who accepted the feud.
61. To what in our day did fealty and homage correspond?
A. Fealty and homage was an acknowledgment by a person that he was the man or servant of the lord, and corresponded more or less to our oath of allegiance of today. Tiffany, Vol. 1, P. 25.
62. What was the right of wardship?
A. It was the right which a lord had upon the death of a tenant in chivalry if the tenant's heir was under age to the custody of the land and body of the heir till the heir became of age.
63. Explain what was meant by the right of marriage ?
A. It was the right which the lord had to dispose of his ward in marriage.
64. What was the result if the ward refused to accept a marriage arranged by the lord?
A. The ward forfeited, out of his or her estate, whatever the lord would have been paid as guardian for the alliance.
65. What were “aids”?
A. They were payments to be made by the tenant to his lord, to give the lord's daughter a marriage por
tion or to pay the expense of knighting the lord's eldest son, or of ransoming the lord if captured. Tiffany, P. 26.
66. What was an escheat?
A. It was the final determination of a tenure, because of the actual death of the tenant without leaving an heir, or by his civil death due to treason or felony.
67. What was a relief?
A. A relief was an incident of feudal tenure, by which an estate was redeemed which had lapsed by the death of a previous tenant. Reliefs arose only on estates acquired by descent, and not on estates acquired by purchase.
68. What was livery in ousterlemain, as connected with wardship?
A. It was the right of the ward on becoming of age to sue out a writ in the court of livery and ousterlemain by which he compelled the lord to deliver to him the possession of his property when he had refused to do so. This as to males was at the age of 21, as to females 16.
69. What is a fixture?
A. It is a thing permanently attached to realty by a person having an interest therein. Tiedeman, P. II.
70. Are fixtures removable? A. Generally No.
71. What are the three criterions for determining whether a thing attached to realty is or is not a fixture?
A. I. "The intention of the person who annexed the thing to the realty.” 2. "The physical character of the annexation.” 3. "The adaptability of the article to the uses for which the realty is put.” Tiedeman, Sec. II.
72. Under the Feudal System could a tenant aleniate land?
A. No, there was no such thing as alienation of land under the Feudal System, so far as a tenant was concerned.
73. Explain subinfeudation?
A. A tenant held the land from the lord and let out parts of it to sub-tenants who in consideration therefor rendered services to the tenant. This was called subinfeudation. Tiedeman, Sec. 22.
74. By what statute was subinfeudation abolished? A. by the statute Quia Emptores, 18 Edw. I. 75. What power was given a tenant by that statute? A. The free power to alienate the land. 76. What was a feoffment?