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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 ... [...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 subinfeuda ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Statutes Of Mortmain
The Statutes of Mortmain were two enactments, in 1279 and 1290, passed in the reign of Edward I of England, aimed at preserving the kingdom's revenues by preventing land from passing into the possession of the Church. Possession of property by a corporation, such as the Church, was known as mortmain, which literally meant "dead hand". In medieval England, feudal estates generated taxes for the King (known as feudal ''incidents''), principally on the grant or inheritance of the estate. If an estate became owned by a religious corporation which could never die, could never attain majority, and could never be attainted for treason, these taxes never became payable. It was akin to the estates being owned by the dead, hence the term. The Statutes of Mortmain were meant to re-establish the prohibition against donating land to the Church for the purpose of avoiding feudal services, a prohibition which had originated in Magna Carta in 1215 and was specifically defined in its 1217 issue. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mesne Lord
A mesne lord () was a lord in the feudal system who had vassals who held land from him, but who was himself the vassal of a higher lord. Owing to '' Quia Emptores'', the concept of a mesne lordship technically still exists today: the partitioning of the lord of the manor's estate among co-heirs creating the mesne lordships. In an English court of law in 1863 it was claimed that "the lord of the mesne manor pays a rent to a superior lord and that rent empowers him to receive chief rents from certain farms". A mesne lord did not hold land directly of the king, that is to say he was not a tenant-in-chief. His subinfeudated estate was called a "mesne estate" or '' Afterlehen'' in the Holy Roman Empire. Traditionally, he is a lord of the manor who holds land from a superior lord and who usually lets some of the land to a tenant. He was thus an intermediate or "middle" tenant, which status is reflected in the Old French word ''mesne'', in the modern French language ''moyen''. Th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Freehold (real Property)
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 feud ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Alienation (property Law)
In property law, alienation is the voluntary act of an owner of some property to dispose of the property, while alienability, or being alienable, is the capacity for a piece of property or a property right to be sold or otherwise transferred from one party to another. Most property is alienable, but some may be subject to restraints on alienation. In England under the feudal system, land was generally transferred by subinfeudation, and alienation required license from the overlord. When William Blackstone published ''Commentaries on the Laws of England'' between 1765-1769, he described the principal object of English real property laws as the law of inheritance, which maintained the cohesiveness and integrity of estates through generations and thus secured political power within families. In 1833, Justice Joseph Story in his ''Commentaries on the Constitution of the United States'' linked landowners' jealous watchfullness of their rights and spirit of resistance in the Amer ... [...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 law ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Afterlehen
An ''Afterlehen'' or ''Afterlehn'' ''(plural: Afterlehne, Afterlehen)'' is a fief that the liege lord has himself been given as a fief and has then, in turn, enfeoffed it wholly or partially to a lesser vassal or vassals. The term is German. It is variously referred to in English as a mesne-fiefFahrenkrüger (1801), 2nd Part, p. 26. Retrieved 11 May 201(in German-English)/ref> or mesne-tenure, an arriere-fief or subfief, under-tenure or mesnalty. Within the Holy Roman Empire these mesne fiefs even became inheritable over time and could have up to five "stations" between the actual holder of the fief and the overarching liege lord. [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Real Property Law
Property law is the area of law that governs the various forms of ownership in real property (land) and personal property. Property refers to legally protected claims to resources, such as land and personal property, including intellectual property. Property can be exchanged through contract law, and if property is violated, one could sue under tort law to protect it. The concept, idea or philosophy of property underlies all property law. In some jurisdictions, historically all property was owned by the monarch and it devolved through feudal land tenure or other feudal systems of loyalty and fealty. History Though the Napoleonic code was among the first government acts of modern times to introduce the notion of absolute ownership into statute, protection of personal property rights was present in medieval Islamic law and jurisprudence, and in more feudalist forms in the common law courts of medieval and early modern England. Theory The word ''property'', in everyday usa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Concordat Of Worms
The Concordat of Worms(; ) was an agreement between the Catholic Church and the Holy Roman Empire which regulated the procedure for the appointment of bishops and abbots in the Empire. Signed on 23 September 1122 in the German city of Worms by Pope Callixtus II and Emperor Henry V, the agreement set an end to the Investiture Controversy, a conflict between state and church over the right to appoint religious office holders that had begun in the middle of the 11th century. By signing the concordat, Henry renounced his right to invest bishops and abbots with ring and crosier, and opened ecclesiastical appointments in his realm to canonical elections. Callixtus, in turn, agreed to the presence of the emperor or his officials at the elections and granted the emperor the right to intervene in the case of disputed outcomes. The emperor was also allowed to perform a separate ceremony in which he would invest bishops and abbots with a sceptre, representing the imperial lands associated ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Charter Of Liberties
The Charter of Liberties, also called the Coronation Charter, or Statutes of the Realm, was a written proclamation by Henry I of England, issued upon his accession to the throne in 1100. It sought to bind the King to certain laws regarding the treatment of nobles, church officials, and individuals. The nineteenth-century historians Frederick Maitland and Frederick Pollock considered it a landmark document in English legal history and a forerunner of Magna Carta. The document addressed abuses of royal power by his predecessor William II (his brother William Rufus), as perceived by the nobility, specifically the over-taxation of the barons, the abuse of vacant sees, and the practices of simony and pluralism. The Charter of Liberties was generally ignored by monarchs, until in 1213 Stephen Langton, Archbishop of Canterbury, reminded the nobles that their liberties had been guaranteed over a century prior in Henry I's Charter of Liberties. Background Henry I of England, nickn ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Abolition Of Feudal Tenure Etc
Abolition refers to the act of putting an end to something by law, and may refer to: *Abolitionism, abolition of slavery * Abolition of the death penalty, also called capital punishment *Abolition of monarchy *Abolition of nuclear weapons *Abolition of prisons *Police abolition movement *Abolition of suffering *Abolitionism (animal rights), related to veganism *Abolition of time zones * Abolition of borders See also * *Abolition of slavery timeline The abolition of slavery occurred at different times in different countries. It frequently occurred sequentially in more than one stage – for example, as abolition of the trade in slaves in a specific country, and then as abolition of slavery ... * Abolitionism (other) {{disambiguation ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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