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Mon Mar 24 12:53:51 2008 |
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<003301c88d24$01d6e9e0$0802a8c0@scottshp310n> |
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Scott Cullen wrote:
>I was unaware of the literal meaning of "fee simple" as "zero rent."
"Fee simple" is a term deriving from feudalism,
and meant simply that one got the fees from the
land. Note that these were "fees" and not
"rents." Fee simple did not actually connote
"ownership" in the allodial sense. Our terms for
ownership derive from feudalism, but our law
derives from the Statute of Frauds (1660) and the
Glorious Revolution, which are real revolutions
in the concepts of ownership. Ownership "of the
king" actually worked out pretty well for those
at the bottom. In the period between the Plague
and the seizure of the monasteries, the working
classes actually did very well; it was one of the
few times in history when it was the upper
classes that were being squeezed. Noble and
peasant alike were mere tenants (or sub-tenants)
of the king, and in that respect everybody was on
the same footing. The lower classes had managed
to win high wages for themselves. This lent
weight and impetus to the move to enclose the
commons and seize the corporate lands of the
Church and the guilds. After the seizure, fees
were replaced by rents, and the law of rents
became the dominant feature of the economy. The
relationship between the classes was completely
changed, and not to the better, in my opinion.
John C. M?daille
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