Berkeley Peerage case: 1858

Lord St Leonards explained section 1 of the 1660 Act which removed all the ‘fruits and consequents’ of tenure in capite of the Crown: ‘Not only were all tenures in capite . . taken away, but the lands were for ever turned into free and common socage. How can the Castle and Estate of Berkeley, holden as it now is by free and common socage, and not in capite or in chief, carry with it a right in its possessor to sit in this House? It confers upon him just the same right, but no higher than the humblest cottage confers on its owner. The feudal tenure being abolished, of course the privileges annexed or flowing from it have ceased.’


Lord St Leonards


(1858-61) 8 HLC 21


Abolition of Tenures Act 1660 1


England and Wales

Cited by:

CitedCrown Estate Commissioners v Roberts and Another ChD 13-Jun-2008
The defendant claimed ownership as Lord Marcher of St Davids of historical rights in foreshores in Pembrokeshire. The claimants sought removal of his cautions against first registration.
Held: Lewison J explored the history of manorial . .
Lists of cited by and citing cases may be incomplete.


Updated: 05 May 2022; Ref: scu.269741