A lordship is a territory held by a

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 ar ...

. It was a landed estate that served as the lowest administrative and

judicial The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudication, adjudicates legal disputes/disagreements and interprets, defends, and app ...

unit in rural areas. It originated as a unit under the

feudal Feudalism, also known as the feudal system, was the combination of the legal, economic, military, cultural and political customs that flourished in Middle Ages, medieval Europe between the 9th and 15th centuries. Broadly defined, it was a wa ...

system during the

Middle Ages In the history of Europe, the Middle Ages or medieval period lasted approximately from the late 5th to the late 15th centuries, similar to the post-classical period of global history. It began with the fall of the Western Roman Empire a ...

. 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 ''Sovereign'' is a title which can be applied to the highest leader in various categories. The word is borrowed from Old French , which is ultimately derived from the Latin , meaning 'above'. The roles of a sovereign vary from monarch, ruler or ...

. Lordship in its essence is clearly different from the

fief A fief (; la, feudum) was a central element in medieval contracts based on feudal law. It consisted of a form of property holding or other rights granted by an Lord, overlord to a vassal, who held it in fealty or "in fee" in return for a for ...

and, along with the

allod In the law of the Middle Ages and early Modern Period and especially within the Holy Roman Empire, an allod (Old Low Franconian ''allōd'' ‘fully owned estate’, from ''all'' ‘full, entire’ and ''ōd'' ‘estate’, Medieval Latin ''allodium ...

, is one of the ways to exercise the right. ''

Nulle terre sans seigneur In feudal law, nulle terre sans seigneur ( French for "no land without (a) lord", ) is the principle that one provides services to the sovereign (usually serving in his army) for the right to receive land from the sovereign. Originally a maxim of ...

'' ("No land without a lord") was a

legal maxim A legal maxim is an established principle or proposition of law, and a species of aphorism and general maxim. The word is apparently a variant of the Latin , but this latter word is not found in extant texts of Roman law with any denotation exac ...

; where no other lord can be discovered,

the Crown The Crown is the state in all its aspects within the jurisprudence of the Commonwealth realms and their subdivisions (such as the Crown Dependencies, overseas territories, provinces, or states). Legally ill-defined, the term has different ...

is lord as

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 dist ...

. The principal incidents of a seignory were a feudal oath of

homage Homage (Old English) or Hommage (French) may refer to: History *Homage (feudal) /ˈhɒmɪdʒ/, the medieval oath of allegiance *Commendation ceremony, medieval homage ceremony Arts *Homage (arts) /oʊˈmɑʒ/, an allusion or imitation by one arti ...

and

fealty An oath of fealty, from the Latin ''fidelitas'' (faithfulness), is a pledge of allegiance of one person to another. Definition In medieval Europe, the swearing of fealty took the form of an oath made by a vassal, or subordinate, to his lord. "Fea ...

; a "quit" or "chief" rent; a "relief" of one year's quit rent, and the right of

escheat Escheat is a common law doctrine that transfers the real property of a person who has died without heirs to the crown or state. It serves to ensure that property is not left in "limbo" without recognized ownership. It originally applied to a ...

. 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 ''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 the ...

'' (1290), which forbade the future creation of estates in fee-simple by

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 m ...

. The only seignories of any importance at present are the lordships of manors. They are regarded as incorporeal

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 se ...

s, and are either appendant or in gross. A seignory appendant passes with the grant of the manor; a seignory in gross—that is, a seignory which has been severed from the

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 or ...

lands of the manor to which it was originally appendant—must be specially conveyed by deed of grant.

Freehold Freehold may refer to: In real estate *Freehold (law), the tenure of property in fee simple *Customary freehold, a form of feudal tenure of land in England *Parson's freehold, where a Church of England rector or vicar of holds title to benefice p ...

land may be enfranchised by a

conveyance Conveyance may refer to: * Conveyance, the documentation of the transfer of ownership of land from one party to another—see conveyancing * Public conveyance, a shared passenger transportation service * A means of transport * Water conveyance, a ...

of the seignory to the freehold tenant, but it does not extinguish the tenant's right of common (''Baring v. Abingdon'', 1892, 2 Ch. 374). By s. 3 (ii.) of the Settled Land Act 1882, the tenant for life of a manor is empowered to sell the seignory of any freehold land within the manor, and by s. 21 (v.) the purchase of the seignory of any part of settled land being freehold land, is an authorized application of capital money arising under the act.

Feudal origins

The lordships came into being as a result of the feudal system, in particular the sovereign's delegated judicial prerogative. The crown, as lord paramount, granted the right to govern and to exercise judicial authority to a crown vassal, often a confidante or as a reward for military service or political support. The crown vassal—e.g. a

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: ...

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 ran ...

— thus exercised all or part of the sovereign's royal authority. In turn the crown vassal granted rights to the mesne lords. Because a

originated out of a bond between vassal and lord for military service, vassalage was personal not heritable. With the advent of professional armies, the vassalage bond fell into disuse or was replaced by

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 s ...

; however, vassalage remained personal. One of the consequences of this was that, on the death of the vassal, the fief

ed to the lord. The vassal's heir was able to retain the ''heerlijkheid'' through the

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 ...

, the process of paying homage and swearing fealty officiated at the head

manor 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 ...

. The new vassal made a symbolic payment to his lord. The same ceremony was held when a manor was sold. If there was no direct descendant, other blood relatives could exercise their right of ''laudatio parentum'', which grants them a

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 ...

and explains how lordships were able to be kept in the same families for centuries.

Manorial rights

The tenancy of a lordship is not to be confused with land ownership. It was an

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 ...

, not land ''per se''. Although lords of the manor generally owned property within a lordship (often substantial amounts), it was possible for a lord not to own any property at all within his own lordship. Also, when agricultural land was held by a lord in the Low Countries, the amount held was smaller in comparison to other countries. Lordship conferred a set of manorial rights. Most German lordships were ''mediate'', which meant that their lords and inhabitants owed allegiance to a territorial ruler — such as a

, a

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 Emp ...

, a

prince A prince is a male ruler (ranked below a king, grand prince, and grand duke) or a male member of a monarch's or former monarch's family. ''Prince'' is also a title of nobility (often highest), often hereditary, in some European states. Th ...

, a

prince-elector The prince-electors (german: Kurfürst pl. , cz, Kurfiřt, la, Princeps Elector), or electors for short, were the members of the electoral college that elected the emperor of the Holy Roman Empire. From the 13th century onwards, the prince ...

or a prince-bishop — who exercised a number of sovereign rights over them, including high justice, taxation and military conscription. However, several lordships were immediate, having gained that coveted status usually at some time during the Middle Ages. The lords of a small number of those immediate lordships, often

imperial knights The Free Imperial knights (german: link=no, Reichsritter la, Eques imperii) were free nobles of the Holy Roman Empire, whose direct overlord was the Emperor. They were the remnants of the medieval free nobility ('' edelfrei'') and the minister ...

, eventually succeeded in having themselves raised to the status of count (''

Graf (feminine: ) is a historical title of the German nobility, usually translated as "count". Considered to be intermediate among noble ranks, the title is often treated as equivalent to the British title of "earl" (whose female version is "coun ...

'') or prince (''

Fürst ' (, female form ', plural '; from Old High German ', "the first", a translation of the Latin ') is a German word for a ruler and is also a princely title. ' were, since the Middle Ages, members of the highest nobility who ruled over states of ...

'') and recognized as

imperial estates An Imperial State or Imperial Estate ( la, Status Imperii; german: Reichsstand, plural: ') was a part of the Holy Roman Empire with representation and the right to vote in the Imperial Diet ('). Rulers of these Estates were able to exercise si ...

with a seat and vote at the Imperial Diet. Seventeenth-century jurists began to designate those immediate lordships, as well as the more important territories of imperial knights as ''baronia'', and after them the custom was established in Germany to call them ''Baronie'' or ''Baronat'' (French: ''baronnie'', English: ''barony'') and their owners

baron Baron is a rank of nobility or title of honour, often hereditary, in various European countries, either current or historical. The female equivalent is baroness. Typically, the title denotes an aristocrat who ranks higher than a lord or knig ...

s.Rachel Renaul
"Herrschaft", ''Histoire du Saint-Empire''

References

{{reflist Property law Feudalism

Feudal origins

Manorial rights

See also

References