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27-480: [REDACTED] Look up seize in Wiktionary, the free dictionary. Seize or seise may refer to: Seisin , legal possession of property Seizing , a class of knots used to semi-permanently bind together two ropes Seize (band) , a British electronic band The jamming of machine parts against each other, usually due to insufficient lubrication Seize,

54-444: A free man . Tenure , and the variety thereof, was the very essence of feudal society and the stratification thereof, and the possession of a tenure (i.e., holding, from Latin teneō "to hold") was legally established by the act of seisin. Primer seisin is defined as "the right which the king had, when any of his tenants died seised of a knight's fee, to receive of the heir, provided he were of full age, one whole year's profits of

81-469: A deed of grant, and the old rule of descent from the person last seised having been abolished in favour of descent from the purchaser. Lord Denning controversially supported the abolition of the concept of seisin, but the common law has since decided to maintain the concept. At one time, the right of the wife to a dower and of the husband to an estate by curtesy depended upon the doctrine of seisin. The Dower Act 1833 (3 & 4 Will 4), however, rendered

108-547: A fictional town the anime TV series Sound of the Sky See also [ edit ] Confiscation Detain Impoundment (disambiguation) Raptus Seizure (disambiguation) Sequester (disambiguation) Usurper Topics referred to by the same term [REDACTED] This disambiguation page lists articles associated with the title Seize . If an internal link led you here, you may wish to change

135-601: A pile of dirt in exchange for the ornaments, which the Saxon eagerly accepted. The Thuringians thought they had made a good deal until the Saxons claimed the entire country on the basis that the dirt had been a livery of seisin, and made their legal claim good by force of arms. The turf and twig ceremony dates from the feudal era but was used regularly in early colonial America allowing the English and Scottish ( after 1707 termed

162-435: A tenure did not escheat , even temporarily, to the crown pending the re-enfeoffment of the heir. Yet in the case of a barony , which was an extensive tenure of frequently several dozen manors, the king needed to make certain that the heir who presented himself to pay homage was the true heir, for should his homage be accepted, his status was irreversibly confirmed, and the new baron would be entitled to attend parliament . Time

189-462: A twig, key to a building on that land, or other token. Livery of seisin could refer to either: The symbol of livery for a house was the door's ring or hasp; for mills, the "clap and hopper"; for a church, a psalm book and keys, and so on. According to Widukind of Corvey , a Saxon in Thuringia was approached by a local who asked to buy the Saxon's torc and bracelets . The local offered him

216-403: A variety of feudal burden, or feudal incident, that is to say a right exercisable by an overlord over his vassal 's holding. The Wardships, etc. Act 1267 passed by King Henry III ( 52 Hen. 3 . c. 16) stated as follows: Modern US courts have interpreted seisin as primarily approximating to modern freehold ownership of land (e.g. Pennsylvania: Deshong v. Deshong , 186 Pa. 227, 40 A.402) or

243-420: Is closely related to if not synonymous with delivery used in some jurisdictions in contract law or the related law of deeds . The oldest forms of common law provided that a valid conveyance of a feudal tenure in land required physical transfer by the transferor to the transferee in the presence of witnesses of a piece of the ground itself, in the literal sense of a hand-to-hand passing of an amount of soil,

270-486: Is often used to express the word's role in the law. Seisin is primarily used in two forms, "in law" and "in deed". Each carries with it a differing strength of tenure. "Livery" (or delivery in contract law) by "seisin in law" occurred when the parties to the transaction went within sight of the land to be conveyed and the transferor declared to the recipient that possession had been granted. This constituted however only an incomplete conveyance. By physically entering onto

297-477: The British ), by virtue of their monarch's claims, to take sovereign possession over unclaimed lands. The process has taken several forms over the centuries. Bernulf Hodge in A History of Malmesbury describes the process in at least Wiltshire, discontinued in the late 17th century, as follows: The lucky new Commoner goes to his "given" acre and cuts a turf from the selected site and drops two shillings in

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324-471: The best legal title to his tenure available. It was said that in the conveyance of a fee by deed of feoffment , there must be delivery of seisin. In European feudal states, "ownership" of land, also known as allodial possession, was generally restricted to monarchs and was thus rarely an operative principle. Instead, seisin was used as a term signifying feudal possession. The modern writer Marc Bloch considers seisin to signify "possession made venerable by

351-555: The fact of the seisin of the husband of no importance, and the Married Women's Property Act 1882 practically abolished the old law of curtesy. Real property law Livery of seisin Livery of seisin ( / ˈ s iː z ɪ n / ) is an archaic legal conveyancing ceremony, formerly practised in feudal England and in other countries following English common law , used to convey holdings in property . The term livery

378-457: The feudal period in relation to land was seisin. Seisin is believed to have only been applicable to freehold tenures, that is to say, a tenure exceeding a mere term for life. This would make the right heritable , on condition of payment of the appropriate feudal relief to the overlord . A "freeman" was a man who held by freehold tenure, and thus freehold tenure was anciently said to be the only form of feudal land tenure worthy to be held by

405-676: The form of "the son and heir of X has obtained seisin of his inheritance", and thus is effectively a term concerned with conveyancing . The person holding such estate is said to be "seized of it", a phrase which commonly appears in inquisitions post mortem (i.e. "The jurors find that X died seized of the manor of ..."). The monarch alone "held" all the land of England by his allodial right and all his subjects were merely his tenants under various contracts of feudal tenure . It has varying relevance in modern legal systems, with distinctions between Common law and Civil law jurisdictions. Seisin comes from Middle English saysen , seysen , in

432-424: The hands of) the king. If there was an heir, the king kept the lands until a livery of seisin took place: the heir paid a sum of money, a "relief", to take lawfully, "assume possession" of the land. If the heir was under age the king kept the lands until he or she came of age (at 21 for men or 14 for women) and the king received rights of wardship and marriage, collecting the revenues of the estate and disposing of

459-473: The heir in marriage. He was able to sell these rights to third parties, who were not necessarily the ward's next of kin. These feudal tenures and rights were abolished in the Interregnum, reintroduced and then abolished in the following period of government, the reign of Charles II (1660–1685). A vestige of the procedure survives in the act by which a candidate is admitted to the office of incumbent in

486-515: The hole made. The High Steward [of the County] then twitches him with a twig and sticks the twig in the turf, then hands it to him saying, "This turf and twig I give to thee, as free as Athelstan gave to me, and I hope a loving brother thou wilt be." The High Steward then takes the money out of the hole and the new landowner replaces the turf. The last legal ceremony of seisin (sasine) in Scotland

513-466: The king, which once received established him irreversibly as the true heir, for the ceremony of homage was in the form of a sacred vow. Only then could the heir pay his feudal relief to the treasury , which final step would enable him to obtain seisin, i.e., actual possession. Between the death of the previous tenant and the new seisin, there was an empty tenure of the fief , which was legally inconvenient, but tolerated as generally of short duration. Such

540-532: The land the transferee converts or "delivers" his seisin in law into seisin in deed. Instead of a physical entry on to the land, sometimes a token of the land (e.g., a turf, or similar) would be handed over ceremoniously, (see " turf and twig "; cf. the handover of "earth and water" by political entities subjecting themselves to the Persian Empire, which thereafter considered their rulers its vassals). A tenant seised in deed as well as in law thus had obtained

567-425: The lands, if they were in immediate possession; and half a year's profits, if the lands were in reversion, expectant on an estate for life". On the death of a tenant-in-chief , for example a feudal baron , his holding was heritable by his son or other right heir. The conveyancing procedure, or procedure of "re-enfeoffment", i.e., re-establishment of tenure in a fief , was as follows. The heir would pay homage to

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594-572: The lapse of time" and that "paper documentary evidence was not required to establish seisin, rather human memory of the use of land or administration of justice there was invoked, especially these by the ancestors". The equivalent Scottish term is sasine , which term has developed a further signification in Scots law. Following the Norman invasion of Ireland , feudalism was introduced in those areas under Norman control. The most important legal concept in

621-411: The legal sense of ' to put in possession of, or to take possession of, hence, to grasp, to seize ' . The Old French variations seisir , saisir , are from Low Latin sacīre , generally referred to the same source as Gothic 𐍃𐌰𐍄𐌾𐌰𐌽 satjan , Old English settan , ' to put in place, set ' . The French phrase "le mort saisit le vif" ("the dead give seisin to the living")

648-470: The link to point directly to the intended article. Retrieved from " https://en.wikipedia.org/w/index.php?title=Seize&oldid=1169334882 " Category : Disambiguation pages Hidden categories: Short description is different from Wikidata All article disambiguation pages All disambiguation pages Seisin The term is traditionally used in the context of inheritance law in

675-432: The right to immediate possession (e.g. Illinois: Williams v. Swango , 365 Ill. 549, 7 N.E.2d 306, 309). Though now the term is confined to possession of the freehold , at one time it appears to have been used for simple possession without regard to the estate of the possessor. Its importance is considerably less than it was, owing to the old form of conveyance by feoffment with livery of seisin having been superseded by

702-422: Was needed for the sheriff of the shire concerned to make enquiries, sometimes by use of local juries. In order to provide the king with time to make such investigations, the king took temporary seisin of the barony and all its lands, which needed management during the interval, which was termed "primer seisin". It was not a form of escheat , which was an extinguishment of a tenure. Primer seisin can thus be seen as

729-576: Was performed in 2002 as Glenmorangie handed over the land of St Mary’s Chapel in Easter Ross to the Cadboll Trust. Under the feudal system all land belonged to the monarch and was therefore either held by him directly (the royal demesne) or on his behalf, directly or indirectly. Those who held land directly on the king’s behalf were known as tenants in chief. When a tenant in chief died without an heir his lands " escheated " to (fell into

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