Читать книгу Magna Carta: A Commentary on the Great Charter of King John. With an Historical Introduction онлайн

120 страница из 194

ssss1. Littleton, II. viii. s. 158.

ssss1. Ibid., II. x. s. 162.

ssss1. Pollock and Maitland, I. 218.

ssss1. Littleton and Coke seem almost to countenance two additional tenures, viz., tenure by scutage or escuage, and tenure by Castle-guard. Pollock and Maitland consider both as alternative names for knight’s service. (See I. 251 and I. 257.) The latter is discussed infra under c. 29 of Magna Carta.

ssss1. Jenks, Modern Land Law, p. 14.

ssss1. It has been well described by Pollock and Maitland (I. 294) as “the great residuary tenure.” In Scotland the “residuary tenure” is not socage but “feu” (resembling the English fee-farm). Holdings in feu are still familiar to Scots lawyers. They are originated by a formal charter, followed by registration (the modern equivalent of infeftment or feudal investiture), thus preserving an unbroken connection with the feudal conveyancing of the Middle Ages.

ssss1. Norman Conquest, V. 377; Hist. of William Rufus, 335–7.

ssss1. Feudal England, p. 228 et seq.