Polish ordynacje and the English common law entail and strict settlement: Social, political, and religious comparative contexts

Abstract

Entailing landed property was a common feature of European property law in the late medieval and early modern periods, and beyond. Entails were far more common in some European states than others. This article undertakes comparative research into different forms of entailed property in Poland (where entails were uncommon) and England and Wales (where entails were common). It also undertakes comparative analysis with the later English common law strict settlement, which had the entail at its core. It investigates who created such settlements; why they were created; the different methods of creation; the attitude of the state/royal government; who benefitted under such settlements; inalienability of land; and perpetuity.