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Lordship
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 (social and political), power over others, acting as a master, chief, or ruler. The appellation can also denote certain persons who hold a title of the Peerage of the United Kingdom, peerage in the United Kingdom, or are entitled to courtesy titles. The collective "Lords" can refer to a group or body of Peerages in the United Kingdom, peers. Etymology According to the Oxford Dictionary of English, the etymology of the word can be traced back to the Old English language, Old English word ''hlāford'' which originated from ''hlāfweard'' meaning "loaf-ward" or "bread-keeper", reflecting the Germanic tribes, Germanic tribal custom of a Germanic chieftain, 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 Elizabeth II, the Queen of t ...
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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 th ...
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Lord Paramount
A lord paramount is a term of art in feudal law describing an overlord who holds his own fief from no superior lord. It thus describes a person who holds allodial title, owing no socage or feudal obligations such as military service. This was distinguished from a mesne lord who held his own fief from a superior. Name The term ''paramount'' derives from the Anglo-Norman ("up above") or ("atop the mountain") and was used to indicate the lord who was the highest authority for a given location. Similar terminology was used for the vassals of mesne lords, who were considered "paravail" from ("in the valley"). This latter term, however, was confused by later lawyers with "avail" in its senses of help, assistance, and profit and was eventually applied only to the actual occupiers or tenants who worked the land themselves. The vassal of a lord paramount, meanwhile, was a tenant-in-chief. Instances Generally speaking, under English law after the 1066 Norman Conquest, only the soverei ...
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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 Fran ...
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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 advowson Advowson () or patronage is the right in English law of a patron (avowee) ...
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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 t ...
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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 o ...
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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 right ...
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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 rea ...
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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 ...
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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," literal ...
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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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