Legal Definitions - faldage

Faldage is a historical legal term, primarily used in medieval England, that refers to a specific right held by a landowner concerning their tenants' sheep. It encompasses two related concepts:

1. The landowner's right to require tenants who owned sheep to graze their flocks in temporary enclosures, known as "folds," on specific parts of the landowner's estate. The primary purpose of this practice was to allow the sheep's manure to fertilize the land, thereby improving soil quality for future crops.
2. A payment made by a tenant to the landowner as an alternative to fulfilling the obligation of folding their sheep on the landowner's designated fields. This payment was essentially a fee for exemption from the faldage duty.

Here are some examples to illustrate the concept of faldage:

• Example 1: Exercising the Right to Fertilize Land

  Imagine a large manor in 14th-century England, where Sir Geoffrey owns extensive agricultural fields. One particular field, intended for next year's barley crop, has become depleted over time. Sir Geoffrey invokes his right of faldage, instructing his tenant farmers, such as Master Elara, who maintains a flock of sheep, to move their animals into temporary pens erected on that specific field for several weeks after the harvest. The sheep graze on the remaining stubble and, crucially, their droppings enrich the soil, preparing it naturally for the upcoming planting season without the need for purchased fertilizers.

  This example illustrates the first meaning of faldage: the landowner's right to compel tenants to use their sheep to fertilize specific fields on the estate. Sir Geoffrey is exercising this historical right to improve the productivity of his land.

• Example 2: Paying a Fee in Lieu of Folding

  Consider another tenant on Sir Geoffrey's manor, Farmer Ben. Ben also owns a substantial flock of sheep, but he primarily uses them for their wool and prefers to keep them on his own leased pastures, which are well-suited for his specific breed. When Sir Geoffrey issues a faldage order for a different field, Farmer Ben approaches him. Instead of physically moving his sheep to the designated fold, Ben pays Sir Geoffrey a negotiated sum of money, often called a "faldfee." This payment exempts Farmer Ben from the obligation to fold his sheep on the lord's land for that period, allowing him to maintain his preferred sheep management practices.

  This example demonstrates the second meaning of faldage: the payment made by a tenant to avoid the obligation of folding their sheep. Farmer Ben chooses to pay the faldfee, highlighting the financial alternative to fulfilling the physical duty.