Alienation Office
Encyclopedia
The Alienation Office was a British Government body charged with regulating the 'alienation' or transfer of feudal lands without a licence from the Government.
The first regulatory structure for dealing with alienation of lands was created during the reign of Henry III
. The king issued an ordnance prohibiting the tenants in chief of feudal lands from alienating those lands without a proper licence from the state. The penalty for not going through the licencing system was forfeiture of the lands concerned. The next major change occurred in 1327, when the penalty for not following the licensing system was changed from forfeiture to a fine. The fine was payable to the Hanaper
of the Chancery
. As with many British legal and regulatory systems a gradual evolution took place to an accepted system. The penalty for alienating land without a licence became one year's revenue from that land, and the payment required for an alienation licence was one third of the value of the land to be alienated.
In 1576, the Alienation Office itself was first properly established. Robert Dudley, 1st Earl of Leicester
was granted a 10 year lease which covered the revenues due under the alienation of property licensing regime. The lease also covered the monies payable from 'pre-fines' that became payable during the actual process within the jurisdiction of the Court of Final Pleas. The Office developed from the structures that Dudley created during this period. Ten years later an extension of the lease was granted to Thomas Dudley and Robert Wrotte. They were acting as agents for Robert Dudley. Robert Dudley died in 1588, but the regime he created continued in place, and in 1595 it was further extended. The extension covered fines imposed for writ
s of entry in the process of common recovery.
The office was established in premises which are now found in Kings Bench Walk, Temple and now house legal chambers.
During the period of the English Commonwealth there was a brief gap in the office's existence. It was abolished in September 1653, but was resurrected a year later once the value of the revenue it produced was realised. More drastic change occurred in 1661. During that year feudal tenures were finally abolished. The concept of tenure in chief was removed from English law, and regulations restricting the free conveyance of land were removed. However, the Alienation Office was to continue in existence for nearly another 200 years. Following the Glorious Revolution
of 1688 and the assumption of the throne by William III
and Mary II
, a new derivation of the powers of control over the Alienation Office was created. From May the following year the Commissioners of the Treasury
exercised control over the Office following letters patent
. The letters patent were created under the Privy Seal
.
During the 18th century a small extension of the jurisdiction of the office took place. In 1758, post fines were dealt with by the Office. It both assessed and collected them. However, sheriff
s still continued to remit a sum of equal value to the amount that post fines for their country would have been to the Exchequer. The century closed with an extensive inquiry by a House of Commons
select committee into the workings and financing of the office.
The pace of reform in the United Kingdom gather pace in the 1830s, and the structure of the Alienation Office did not survive that decade. In 1834, land conveyancing was reformed, with the system of fines and recoveries being abolished. That left the Alienation Office with no real function. It was consequently abolished in 1835.
The first regulatory structure for dealing with alienation of lands was created during the reign of Henry III
Henry III of England
Henry III was the son and successor of John as King of England, reigning for 56 years from 1216 until his death. His contemporaries knew him as Henry of Winchester. He was the first child king in England since the reign of Æthelred the Unready...
. The king issued an ordnance prohibiting the tenants in chief of feudal lands from alienating those lands without a proper licence from the state. The penalty for not going through the licencing system was forfeiture of the lands concerned. The next major change occurred in 1327, when the penalty for not following the licensing system was changed from forfeiture to a fine. The fine was payable to the Hanaper
Hanaper
Hanaper, properly a case or basket to contain a "hanap " , a drinking vessel, a goblet with a foot or stem; the term which is still used by antiquaries for medieval stemmed cups. The famous Royal Gold Cup in the British Museum is called a "hanap" in the inventory of Charles VI of France of...
of the Chancery
Lord Chancellor
The Lord High Chancellor of Great Britain, or Lord Chancellor, is a senior and important functionary in the government of the United Kingdom. He is the second highest ranking of the Great Officers of State, ranking only after the Lord High Steward. The Lord Chancellor is appointed by the Sovereign...
. As with many British legal and regulatory systems a gradual evolution took place to an accepted system. The penalty for alienating land without a licence became one year's revenue from that land, and the payment required for an alienation licence was one third of the value of the land to be alienated.
In 1576, the Alienation Office itself was first properly established. Robert Dudley, 1st Earl of Leicester
Robert Dudley, 1st Earl of Leicester
Robert Dudley, 1st Earl of Leicester, KG was an English nobleman and the favourite and close friend of Elizabeth I from her first year on the throne until his death...
was granted a 10 year lease which covered the revenues due under the alienation of property licensing regime. The lease also covered the monies payable from 'pre-fines' that became payable during the actual process within the jurisdiction of the Court of Final Pleas. The Office developed from the structures that Dudley created during this period. Ten years later an extension of the lease was granted to Thomas Dudley and Robert Wrotte. They were acting as agents for Robert Dudley. Robert Dudley died in 1588, but the regime he created continued in place, and in 1595 it was further extended. The extension covered fines imposed for writ
Writ
In common law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court...
s of entry in the process of common recovery.
The office was established in premises which are now found in Kings Bench Walk, Temple and now house legal chambers.
During the period of the English Commonwealth there was a brief gap in the office's existence. It was abolished in September 1653, but was resurrected a year later once the value of the revenue it produced was realised. More drastic change occurred in 1661. During that year feudal tenures were finally abolished. The concept of tenure in chief was removed from English law, and regulations restricting the free conveyance of land were removed. However, the Alienation Office was to continue in existence for nearly another 200 years. Following the Glorious Revolution
Glorious Revolution
The Glorious Revolution, also called the Revolution of 1688, is the overthrow of King James II of England by a union of English Parliamentarians with the Dutch stadtholder William III of Orange-Nassau...
of 1688 and the assumption of the throne by William III
William III of England
William III & II was a sovereign Prince of Orange of the House of Orange-Nassau by birth. From 1672 he governed as Stadtholder William III of Orange over Holland, Zeeland, Utrecht, Guelders, and Overijssel of the Dutch Republic. From 1689 he reigned as William III over England and Ireland...
and Mary II
Mary II of England
Mary II was joint Sovereign of England, Scotland, and Ireland with her husband and first cousin, William III and II, from 1689 until her death. William and Mary, both Protestants, became king and queen regnant, respectively, following the Glorious Revolution, which resulted in the deposition of...
, a new derivation of the powers of control over the Alienation Office was created. From May the following year the Commissioners of the Treasury
Lord of the Treasury
In the United Kingdom, there are at least six Lords of the Treasury who serve concurrently. Traditionally, this board consists of the First Lord of the Treasury, the Second Lord of the Treasury, and four or more junior lords .Strictly they are commissioners for exercising the office of Lord...
exercised control over the Office following letters patent
Letters patent
Letters patent are a type of legal instrument in the form of a published written order issued by a monarch or president, generally granting an office, right, monopoly, title, or status to a person or corporation...
. The letters patent were created under the Privy Seal
Privy Seal
A privy seal refers to the personal seal of a reigning monarch, used for the purpose of authenticating official government document.-Privy Seal of England:The Privy Seal of England can be traced back to the reign of King John...
.
During the 18th century a small extension of the jurisdiction of the office took place. In 1758, post fines were dealt with by the Office. It both assessed and collected them. However, sheriff
Sheriff
A sheriff is in principle a legal official with responsibility for a county. In practice, the specific combination of legal, political, and ceremonial duties of a sheriff varies greatly from country to country....
s still continued to remit a sum of equal value to the amount that post fines for their country would have been to the Exchequer. The century closed with an extensive inquiry by a House of Commons
British House of Commons
The House of Commons is the lower house of the Parliament of the United Kingdom, which also comprises the Sovereign and the House of Lords . Both Commons and Lords meet in the Palace of Westminster. The Commons is a democratically elected body, consisting of 650 members , who are known as Members...
select committee into the workings and financing of the office.
The pace of reform in the United Kingdom gather pace in the 1830s, and the structure of the Alienation Office did not survive that decade. In 1834, land conveyancing was reformed, with the system of fines and recoveries being abolished. That left the Alienation Office with no real function. It was consequently abolished in 1835.
Sources
- Catalogue of the National Archives of the United Kingdom, record class A full description