Lordship Of Birthwaite And Kexborough
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Lordship Of Birthwaite And Kexborough
A lordship is a territory held by a lord. It was a landed estate that served as the lowest administrative and judicial unit in rural areas. It originated as a unit under the feudal system during the Middle Ages. In a lordship, the functions of economic and legal management are assigned to a lord, who, at the same time, is not endowed with indispensable rights and duties of the sovereign. Lordship in its essence is clearly different from the fief and, along with the allod, is one of the ways to exercise the right. ''Nulle terre sans seigneur'' ("No land without a lord") was a feudal legal maxim; where no other lord can be discovered, the Crown is lord as lord paramount. The principal incidents of a seignory were a feudal oath of homage and fealty; a "quit" or "chief" rent; a "relief" of one year's quit rent, and the right of escheat. In return for these privileges the lord was liable to forfeit his rights if he neglected to protect and defend the tenant or did anything injurious to ...
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Lord
Lord is an appellation for a person or deity who has authority, control, or power over others, acting as a master, chief, or ruler. The appellation can also denote certain persons who hold a title of the peerage in the United Kingdom, or are entitled to courtesy titles. The collective "Lords" can refer to a group or body of peers. Etymology According to the Oxford Dictionary of English, the etymology of the word can be traced back to the Old English word ''hlāford'' which originated from ''hlāfweard'' meaning "loaf-ward" or "bread-keeper", reflecting the Germanic tribal custom of a chieftain providing food for his followers. The appellation "lord" is primarily applied to men, while for women the appellation " lady" is used. This is no longer universal: the Lord of Mann, a title previously held by the Queen of the United Kingdom, and female Lords Mayor are examples of women who are styled as "Lord". Historical usage Feudalism Under the feudal system, "lord" had a ...
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Subinfeudation
In English law, subinfeudation is the practice by which tenants, holding land under the king or other superior lord, carved out new and distinct tenures in their turn by sub-letting or alienating a part of their lands. The tenants were termed mesne lords, with regard to those holding from them, the immediate tenant being ''tenant in capite''. The lowest tenant of all was the freeholder, or, as he was sometimes termed, ''tenant paravail''. The Crown, who in theory owned all lands, was ''lord paramount''. The great lords looked with dissatisfaction on the increase of such subtenures. Accordingly, in 1290 a statute was passed, , which allowed the tenant to alienate whenever he pleased, but the person to whom he granted the land was to hold it for the same immediate lord, and by the same services as the alienor held it before. Scotland In Scots law, the feudal system was abolished by the Abolition of Feudal Tenure etc. (Scotland) Act 2000. The length of a lease was limited to 17 ...
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Margrave
Margrave was originally the medieval title for the military commander assigned to maintain the defence of one of the border provinces of the Holy Roman Empire or of a kingdom. That position became hereditary in certain feudal families in the Empire and the title came to be borne by rulers of some Imperial principalities until the abolition of the Empire in 1806 (e.g., Margrave of Brandenburg, Margrave of Baden). Thereafter, those domains (originally known as ''marks'' or ''marches'', later as ''margraviates'' or ''margravates'') were absorbed in larger realms or the titleholders adopted titles indicative of full sovereignty. History Etymologically, the word "margrave" ( la, marchio, links=no, ) is the English and French form of the German noble title (, meaning "march" or "mark", that is, border land, added to , meaning "Count"); it is related semantically to the English title "Marcher Lord". As a noun and hereditary title, "margrave" was common among the languages of Europe ...
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Estate In Land
An estate in land is, in the law of England and Wales, an interest in real property that is or may become possessory. It is a type of personal property and encompasses land ownership, rental and other arrangements that give people the right to use land. This is distinct from sovereignty over the land, which includes the right to government and taxation. This should be distinguished from an " estate" as used in reference to an area of land, and " estate" as used to refer to property in general. In property law, the rights and interests associated with an estate in land may be conceptually understood as a "bundle of rights" because of the potential for different parties having different interests in the same real property. Categories of estates Estates in land can be divided into four basic categories: # Freehold estates: rights of conveyable exclusive possession and use, having ''immobility'' and ''indeterminate duration'' #* fee simple #** fee simple absolute—most r ...
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Right Of First Refusal
Right of first refusal (ROFR or RFR) is a contractual right that gives its holder the option to enter a business transaction with the owner of something, according to specified terms, before the owner is entitled to enter into that transaction with a third party. A first refusal right must have at least three parties: the owner, the third party or buyer, and the option holder. In general, the owner must make the same offer to the option holder ''before'' making the offer to the buyer. The right of first refusal is similar in concept to a call option. An ROFR can cover almost any sort of asset, including real estate, personal property, a patent license, a screenplay, or an interest in a business. It might also cover business transactions that are not strictly assets, such as the right to enter a joint venture or distribution arrangement. In entertainment, a right of first refusal on a concept or a screenplay would give the holder the right to make that movie first while in real ...
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Manorial Court
The manorial courts were the lowest courts of law in England during the feudal period. They had a civil jurisdiction limited both in subject matter and geography. They dealt with matters over which the lord of the manor had jurisdiction, primarily torts, local contracts and land tenure, and their powers only extended to those who lived within the lands of the manor: the demesne and such lands as the lord had enfeoffed to others, and to those who held land therein. Historians have divided manorial courts into those that were primarily seignorial – based on feudal responsibilities – and those based on separate delegation of authority from the monarch. There were three types of manorial court: the court of the honour; the court baron; and the court customary, also known as the halmote court. Each manor had its own laws promulgated in a document called the custumal, and anyone in breach of those laws could be tried in a manorial court. The earlier Anglo-Saxon method of ...
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Commendation Ceremony
A commendation ceremony (''commendatio'') is a formal ceremony that evolved during the Early Medieval period to create a bond between a lord and his fighting man, called his vassal. The first recorded ceremony of ''commendatio'' was in 7th century France, but the relationship of ''vassalage'' was older, and predated even the medieval formulations of a noble class. The lord's "man", might be born unfree, but the ''commendatio'' freed him. When two men entered into a feudal relationship, they underwent the ceremony. The purpose of the commendation was to make a chosen person a vassal of a lord. The commendation ceremony is composed of two elements, one to perform the act of homage and the other an oath of fealty. In some countries, such as the Kingdom of Sicily, the commendation ceremony came to be referred to as investiture. Etymology The word vassal ultimately comes from the PIE root *upo "under". Becoming in the Proto-Celtic language *wasso- "young man, squire," literally "one w ...
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Scutage
Scutage is a medieval English tax levied on holders of a knight's fee under the feudal land tenure of knight-service. Under feudalism the king, through his vassals, provided land to knights for their support. The knights owed the king military service in return. The knights were allowed to "buy out" of the military service by paying scutage (a term derived from Latin ''scutum'', "shield"). As time passed the kings began to impose a scutage on holders of knight's fees, whether or not the holder was actually a knight. General information The institution existed under Henry I (reigned 1100–1135) and Stephen (reigned 1135–1154), when it occurs as ''scutagium'', ''scuagium'' or ''escuagium''. The creation of fractions of knights' fee probably hastened its introduction: the holders of such fractions could only discharge their obligation ''via'' scutage. The increasing use of mercenaries in the 12th century would also make a money payment of greater use to the crown. Separa ...
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Duke
Duke is a male title either of a monarch ruling over a duchy, or of a member of royalty, or nobility. As rulers, dukes are ranked below emperors, kings, grand princes, grand dukes, and sovereign princes. As royalty or nobility, they are ranked below princess nobility and grand dukes. The title comes from French ''duc'', itself from the Latin ''dux'', 'leader', a term used in republican Rome to refer to a military commander without an official rank (particularly one of Germanic or Celtic origin), and later coming to mean the leading military commander of a province. In most countries, the word ''duchess'' is the female equivalent. Following the reforms of the emperor Diocletian (which separated the civilian and military administrations of the Roman provinces), a ''dux'' became the military commander in each province. The title ''dux'', Hellenised to ''doux'', survived in the Eastern Roman Empire where it continued in several contexts, signifying a rank equivalent to a captai ...
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Count
Count (feminine: countess) is a historical title of nobility in certain European countries, varying in relative status, generally of middling rank in the hierarchy of nobility. Pine, L. G. ''Titles: How the King Became His Majesty''. New York: Barnes & Noble, 1992. p. 73. . The etymologically related English term "county" denoted the territories associated with the countship. Definition The word ''count'' came into English from the French ''comte'', itself from Latin ''comes''—in its accusative ''comitem''—meaning “companion”, and later “companion of the emperor, delegate of the emperor”. The adjective form of the word is "comital". The British and Irish equivalent is an earl (whose wife is a "countess", for lack of an English term). In the late Roman Empire, the Latin title ''comes'' denoted the high rank of various courtiers and provincial officials, either military or administrative: before Anthemius became emperor in the West in 467, he was a military ''comes ...
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Conveyancing
In law, conveyancing is the transfer of legal title of real property from one person to another, or the granting of an encumbrance such as a mortgage or a lien. A typical conveyancing transaction has two major phases: the exchange of contracts (when equitable interests are created) and completion (also called settlement, when legal title passes and equitable rights merge with the legal title). The sale of land is governed by the laws and practices of the jurisdiction in which the land is located. It is a legal requirement in all jurisdictions that contracts for the sale of land be in writing. An exchange of contracts involves two copies of a contract of sale being signed, one copy of which is retained by each party. When the parties are together, both would usually sign both copies, one copy of which being retained by each party, sometimes with a formal handing over of a copy from one party to the other. However, it is usually sufficient that only the copy retained by each part ...
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Fee Simple
In English law, a fee simple or fee simple absolute is an estate in land, a form of freehold ownership. A "fee" is a vested, inheritable, present possessory interest in land. A "fee simple" is real property held without limit of time (i.e., permanently) under common law, whereas the highest possible form of ownership is a "fee simple absolute," which is without limitations on the land's use (such as qualifiers or conditions that disallow certain uses of the land or subject the vested interest to termination). The rights of the fee-simple owner are limited by government powers of taxation, compulsory purchase, police power, and escheat, and may also be limited further by certain encumbrances or conditions in the deed, such as, for example, a condition that required the land to be used as a public park, with a reversion interest in the grantor if the condition fails; this is a fee simple conditional. History The word "fee" is related to the term fief, meaning a feudal landhol ...
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