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Seigniories In Portugal
In English law, seignory or seigniory, spelled ''signiory'' in Early Modern English (; french: seigneur, lit=lord; la, senior, lit=elder), is the lordship (authority) remaining to a grantor after the grant of an estate in fee simple. ''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 the feudal relation. Every seignory now existing must have been created before the statute '' Quia Emptores'' (1290), which forbade the future creation of estates in fee-simple by subinfeudation. The only seignories of any importance at present are the lordships of manors. The ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Law
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. Principal elements of English law Although the common law has, historically, been the foundation and prime source of English law, the most authoritative law is statutory legislation, which comprises Acts of Parliament, regulations and by-laws. In the absence of any statutory law, the common law with its principle of '' stare decisis'' forms the residual source of law, based on judicial decisions, custom, and usage. Common law is made by sitting judges who apply both statutory law and established principles which are derived from the reasoning from earlier decisions. Equity is the other historic source of judge-made law. Common law can be amended or repealed by Parliament. Not being a civil law system, it has no comprehensive codification. However, most of its criminal law has been codified from its common la ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Quia Emptores
''Quia Emptores'' is a statute passed by the Parliament of England in 1290 during the reign of Edward I that prevented tenants from alienating their lands to others by subinfeudation, instead requiring all tenants who wished to alienate their land to do so by substitution. The statute, along with its companion statute ''Quo Warranto'' also passed in 1290, was intended to remedy land ownership disputes and consequent financial difficulties that had resulted from the decline of the traditional feudal system in England during the High Middle Ages. The name ''Quia Emptores'' derives from the first two words of the statute in its original mediaeval Latin, which can be translated as "because the buyers". Its long title is A Statute of our Lord The King, concerning the Selling and Buying of Land. It is also cited as the Statute of Westminster III, one of many English and British statutes with that title. Prior to the passage of ''Quia Emptores'', tenants could either subinfeudate ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Herrschaft
The German term ''Herrschaft'' (plural: ''Herrschaften'') covers a broad semantic field and only the context will tell whether it means, "rule", "power", "dominion", "authority", "territory" or "lordship". In its most abstract sense, it refers to power relations in general while more concretely it may refer to the individuals or institutions that exercise that power. Finally, in a spatial sense in the Holy Roman Empire, it refers to a territory over which this power is exercised.Rachel Renaul "Herrschaft", ''Histoire du Saint-Empire'' The Herrschaft as a territory The ''Herrschaft'', whose closest equivalent was the French ''seigneurie'', usually translated as "lordship" in English, denoted a specific area of land with rights over both the soil and its inhabitants. While the lord ('' Herr'') was often a noble, it could also be a commoner such as a burgher, or a corporate entity such as a bishopric, a cathedral chapter, an abbey, a hospice or a town. Most lordships were ''media ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Heerlijkheid
A ''heerlijkheid'' (a Dutch word; pl. ''heerlijkheden''; also called ''heerschap''; Latin: ''Dominium'') was a landed estate that served as the lowest administrative and judicial unit in rural areas in the Dutch-speaking Low Countries before 1800. It originated as a unit of lordship under the feudal system during the Middle Ages. The English equivalents are '' manor'', ''seigniory'' and ''lordship''.. The translation used by J.L. Price in ''Dutch Society 1588-1713'' is "manor"; by David Nicholas in ''Medieval Flanders'' is "seigneury". The German equivalent is ''Herrschaft''. The ''heerlijkheid'' system was the Dutch version of manorialism that prevailed in the Low Countries and was the precursor to the modern municipality system in the Netherlands and Flemish Belgium. Characteristics and types A typical ''heerlijkheid'' manor consisted of a village and the surrounding lands extending out for a kilometre or so. Taking 18th-century Wassenaar as an example of a large ''hoge heerlij ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Signoria
A signoria () was the governing authority in many of the Italian city states during the Medieval and Renaissance periods. The word signoria comes from ''signore'' , or "lord"; an abstract noun meaning (roughly) "government; governing authority; de facto sovereignty; lordship"; plural: ''signorie''. Signoria versus the commune In Italian history the rise of the signoria is a phase often associated with the decline of the medieval commune system of government and the rise of the dynastic state. In this context the word ''signoria'' (here to be understood as "lordly power") is used in opposition to the institution of the commune or city republic. Contemporary observers and modern historians see the rise of the signoria as a reaction to the failure of the ''communi'' to maintain law-and-order and suppress party strife and civil discord. In the anarchic conditions that often prevailed in medieval Italian city-states, people looked to strong men to restore order and disarm the feud ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Seigneurial System Of New France
The manorial system of New France, known as the seigneurial system (french: Régime seigneurial), was the semi- feudal system of land tenure used in the North American French colonial empire. Both in nominal and legal terms, all French territorial claims in North America belonged to the French king. French monarchs did not impose feudal land tenure on New France, and the king's actual attachment to these lands was virtually non-existent. Instead, landlords were allotted land holdings known as manors and presided over the French colonial agricultural system in North America. Manorial land tenure was introduced to New France in 1628 by Cardinal Richelieu. Richelieu granted the newly formed Company of One Hundred Associates all lands between the Arctic Circle to the north, Florida to the south, Lake Superior in the west, and the Atlantic Ocean in the east. In exchange for this vast land grant and the exclusive trading rights tied to it, the Company was expected to bring two to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Demesne
A demesne ( ) or domain was all the land retained and managed by a lord of the manor under the feudal system for his own use, occupation, or support. This distinguished it from land sub-enfeoffed by him to others as sub-tenants. The concept originated in the Kingdom of France and found its way to foreign lands influenced by it or its fiefdoms. In England, Wales and Northern Ireland, royal demesne is the land held by the Crown, and ancient demesne is the legal term for the land held by the king at the time of the Domesday Book. Etymology The word derives from Old French , ultimately from Latin , "lord, master of a household" – ''demesne'' is a variant of ''domaine''. The word ''barton'', which is historically synonymous to ''demesne'' and is an element found in many place-names, can refer to a demesne farm: it derives from Old English ''bere'' (barley) and ''ton'' (enclosure). Development The system of manorial land tenure, broadly termed feudalism, was conceived in France ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hereditament
In common law, a hereditament (from Latin ''hereditare'', to inherit, from ''heres'', heir) is any kind of property that can be inherited. Hereditaments are divided into corporeal and incorporeal. Corporeal hereditaments are "such as affect the senses, and may be seen and handled by the body; incorporeal are not the subject of sensation, can neither be seen nor handled, are creatures of the mind, and exist only in contemplation". An example of a corporeal hereditament is land held in freehold and in leasehold. Examples of incorporeal hereditaments are hereditary titles of honour or dignity, heritable titles of office, coats of arms, prescriptive baronies, pensions, annuities, rentcharges, franchises — and any other interest having no physical existence. Two categories related to the church have been abolished in England and Wales and certain other parts of the British Isles: tithes and advowsons. The term featured in the one-time "sweeper definition", catch-all phrase, "lands ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lord Of The Manor
Lord of the Manor is a title that, in Anglo-Saxon England, referred to the landholder of a rural estate. The lord enjoyed manorial rights (the rights to establish and occupy a residence, known as the manor house and demesne) as well as seignory, the right to grant or draw benefit from the estate. The title continues in modern England and Wales as a legally recognised form of property that can be held independently of its historical rights. It may belong entirely to one person or be a moiety shared with other people. A title similar to such a lordship is known in French as ''Sieur'' or , in German, (Kaleagasi) in Turkish, in Norwegian and Swedish, in Welsh, in Dutch, and or in Italian. Types Historically a lord of the manor could either be a tenant-in-chief if he held a capital manor directly from the Crown, or a mesne lord if he was the vassal of another lord. The origins of the lordship of manors arose in the Anglo-Saxon system of manorialism. Following the N ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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