Tenures Abolition Act 1660
Encyclopedia
The Tenures Abolition Act 1660 (12 Car. II, c.24) was an Act of Parliament
of the Parliament of England
passed in 1660. The long title of the Act was An act for taking away the Court of Wards and liveries, and tenures in capite, and by knights-service, and purveyance, and for settling a revenue upon his Majesty in lieu thereof. It is sometimes known as the Statute of Tenures. Passed in 1660 by the Convention Parliament shortly after the English Restoration
, the Act replaced various types of military and religious service tenants owed to the Crown with socage
, and compensated the monarch with an annual fixed payment of £100,000 to be raised by means of a new tax on alcohol. It completed a process that had begun in 1610 during the reign of James I
with the proposal of the Great Contract
. The Statute is best known because of its constitutional significance in terms of the shift away from feudalism
. It is also important because of the establishment of a new type of tax - the excise
- and the machinery to collect it. Section 3 of the Act repealed the acts 32 H. VIII.c. 46, and 33 H. VIII. c. 22 thereby abolishing the Court of Wards and Liveries
, established in 1540, which had been responsible for revenue collection under the feudal tenure system. It was also the first Act (section 14) to impose an excise duty on tea, as well as on coffee, sherbet and chocolate; the duty was placed on the manufactured beverage, and not the raw tea or coffee, treating it in much the same way as beer or spirits.
The act also let a father, by will, designate a guardian for his children. The rights of this guardian superseded those of the children's mother.
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Parliament of England
Parliament of England
The Parliament of England was the legislature of the Kingdom of England. In 1066, William of Normandy introduced a feudal system, by which he sought the advice of a council of tenants-in-chief and ecclesiastics before making laws...
passed in 1660. The long title of the Act was An act for taking away the Court of Wards and liveries, and tenures in capite, and by knights-service, and purveyance, and for settling a revenue upon his Majesty in lieu thereof. It is sometimes known as the Statute of Tenures. Passed in 1660 by the Convention Parliament shortly after the English Restoration
English Restoration
The Restoration of the English monarchy began in 1660 when the English, Scottish and Irish monarchies were all restored under Charles II after the Interregnum that followed the Wars of the Three Kingdoms...
, the Act replaced various types of military and religious service tenants owed to the Crown with socage
Socage
Socage was one of the feudal duties and hence land tenure forms in the feudal system. A farmer, for example, held the land in exchange for a clearly defined, fixed payment to be made at specified intervals to his feudal lord, who in turn had his own feudal obligations, to the farmer and to the Crown...
, and compensated the monarch with an annual fixed payment of £100,000 to be raised by means of a new tax on alcohol. It completed a process that had begun in 1610 during the reign of James I
James I of England
James VI and I was King of Scots as James VI from 24 July 1567 and King of England and Ireland as James I from the union of the English and Scottish crowns on 24 March 1603...
with the proposal of the Great Contract
Great Contract
The Great Contract was a plan submitted to James I and Parliament in 1610 by Robert Cecil. It was an attempt to increase Crown income and ultimately rid it of debt....
. The Statute is best known because of its constitutional significance in terms of the shift away from feudalism
Feudalism
Feudalism was a set of legal and military customs in medieval Europe that flourished between the 9th and 15th centuries, which, broadly defined, was a system for ordering society around relationships derived from the holding of land in exchange for service or labour.Although derived from the...
. It is also important because of the establishment of a new type of tax - the excise
Excise
Excise tax in the United States is a indirect tax on listed items. Excise taxes can be and are made by federal, state and local governments and are far from uniform throughout the United States...
- and the machinery to collect it. Section 3 of the Act repealed the acts 32 H. VIII.c. 46, and 33 H. VIII. c. 22 thereby abolishing the Court of Wards and Liveries
Court of Wards and Liveries
The Court of Wards and Liveries was a court established during the reign of Henry VIII in England. Its purpose was to administer a system of feudal dues; but as well as the revenue collection, the court was also responsible for wardship and livery issues....
, established in 1540, which had been responsible for revenue collection under the feudal tenure system. It was also the first Act (section 14) to impose an excise duty on tea, as well as on coffee, sherbet and chocolate; the duty was placed on the manufactured beverage, and not the raw tea or coffee, treating it in much the same way as beer or spirits.
The act also let a father, by will, designate a guardian for his children. The rights of this guardian superseded those of the children's mother.