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A lord paramount is a
term of art Jargon is the specialized terminology associated with a particular field or area of activity. Jargon is normally employed in a particular communicative context and may not be well understood outside that context. The context is usually a partic ...
in
feudal law Feudalism, also known as the feudal system, was the combination of the legal, economic, military, cultural and political customs that flourished in medieval Europe between the 9th and 15th centuries. Broadly defined, it was a way of structur ...
describing an
overlord An overlord in the English feudal system was a lord of a manor who had subinfeudated a particular manor, estate or fee, to a tenant. The tenant thenceforth owed to the overlord one of a variety of services, usually military service or ser ...
who holds his own
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 overlord to a vassal, who held it in fealty or "in fee" in return for a form ...
from no superior lord. It thus describes a person who holds
allodial title Allodial title constitutes ownership of real property (land, buildings, and fixtures) that is independent of any superior landlord. Allodial title is related to the concept of land held "in allodium", or land ownership by occupancy and defense ...
, owing no socage or feudal obligations such as
military service Military service is service by an individual or group in an army or other militia, air forces, and naval forces, whether as a chosen job ( volunteer) or as a result of an involuntary draft (conscription). Some nations (e.g., Mexico) require ...
. This was distinguished from a
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 partitioni ...
who held his own fief from a superior.


Name

The term ''paramount'' derives from the
Anglo-Norman Anglo-Norman may refer to: *Anglo-Normans, the medieval ruling class in England following the Norman conquest of 1066 *Anglo-Norman language **Anglo-Norman literature *Anglo-Norman England, or Norman England, the period in English history from 1066 ...
("up above") or ("atop the
mountain A mountain is an elevated portion of the Earth's crust, generally with steep sides that show significant exposed bedrock. Although definitions vary, a mountain may differ from a plateau in having a limited summit area, and is usually higher ...
") and was used to indicate the lord who was the highest authority for a given location. Similar terminology was used for the
vassal A vassal or liege subject is a person regarded as having a mutual obligation to a lord or monarch, in the context of the feudal system in medieval Europe. While the subordinate party is called a vassal, the dominant party is called a suzerai ...
s of mesne lords, who were considered "paravail" from ("in the
valley A valley is an elongated low area often running between hills or mountains, which will typically contain a river or stream running from one end to the other. Most valleys are formed by erosion of the land surface by rivers or streams ove ...
"). 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 A leasehold estate is an ownership of a temporary right to hold land or property in which a lessee or a tenant holds rights of real property by some form of title from a lessor or landlord. Although a tenant does hold rights to real property, ...
who worked the land themselves. The vassal of a lord paramount, meanwhile, was a
tenant-in-chief In medieval and early modern Europe, the term ''tenant-in-chief'' (or ''vassal-in-chief'') denoted a person who held his lands under various forms of feudal land tenure directly from the king or territorial prince to whom he did homage, as opp ...
.


Instances

Generally speaking, under
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, b ...
after the 1066
Norman Conquest The Norman Conquest (or the Conquest) was the 11th-century invasion and occupation of England by an army made up of thousands of Norman, Breton, Flemish, and French troops, all led by the Duke of Normandy, later styled William the Conq ...
, only 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 ...
the
king King is the title given to a male monarch in a variety of contexts. The female equivalent is queen regnant, queen, which title is also given to the queen consort, consort of a king. *In the context of prehistory, antiquity and contempora ...
or
queen Queen or QUEEN may refer to: Monarchy * Queen regnant, a female monarch of a Kingdom ** List of queens regnant * Queen consort, the wife of a reigning king * Queen dowager, the widow of a king * Queen mother, a queen dowager who is the mother ...
was truly lord paramount in its larger sense. All other legal title to land was held through them, particularly after the abolition of most unusual feudal titles and obligations under the 1660 Statute of Tenures. The only major exceptioncontinuing to the present dayis the protection of the privileges of the
Duke of Cornwall Duke of Cornwall is a title in the Peerage of England, traditionally held by the eldest son of the reigning British monarch, previously the English monarch. The duchy of Cornwall was the first duchy created in England and was established by a r ...
as lord paramount over Cornish lands.. A similar situation exists regarding the
Duchy of Lancaster The Duchy of Lancaster is the private estate of the British sovereign as Duke of Lancaster. The principal purpose of the estate is to provide a source of independent income to the sovereign. The estate consists of a portfolio of lands, properti ...
but is purely notional, the duchy being held in permanent
personal union A personal union is the combination of two or more states that have the same monarch while their boundaries, laws, and interests remain distinct. A real union, by contrast, would involve the constituent states being to some extent interli ...
with the Crown. Nonetheless, the term does appear in some other contexts. The marquess of Exeter holds the title of hereditory Lord Paramount of
Peterborough Peterborough () is a cathedral city in Cambridgeshire, east of England. It is the largest part of the City of Peterborough unitary authority district (which covers a larger area than Peterborough itself). It was part of Northamptonshire unti ...
. The peculiar way in which the
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 kn ...
holding the
Lordship of Bowland The Lordship of Bowland is a feudal barony associated with the Forest of Bowland in Lancashire, England. The lordship fell into disuse between 1885 and 2008, during which time it was widely believed to have lapsed; it was revived in 2008. In 1 ...
oversaw himselfsome of his estates notionally owing service to othershas also been described in terms of paramouncy and obligation. (The situation was rendered still more academic when it was subsumed first into the
Earldom of Lancaster The title of Earl of Lancaster was created in the Peerage of England in 1267. It was succeeded by the title Duke of Lancaster in 1351, which expired in 1361. (The most recent creation of the ducal title merged with the Crown in 1413.) King Henry ...
in 1311 and then into the
Duchy of Lancaster The Duchy of Lancaster is the private estate of the British sovereign as Duke of Lancaster. The principal purpose of the estate is to provide a source of independent income to the sovereign. The estate consists of a portfolio of lands, properti ...
as an estate held by the Crown in 1351, which gave rise to the title of "Lord King of Bowland".) The title is also sometimes broadly applied to any
overlord An overlord in the English feudal system was a lord of a manor who had subinfeudated a particular manor, estate or fee, to a tenant. The tenant thenceforth owed to the overlord one of a variety of services, usually military service or ser ...
. The concept continued to be invoked in other
common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omniprese ...
jurisdictions, including
New York New York most commonly refers to: * New York City, the most populous city in the United States, located in the state of New York * New York (state), a state in the northeastern United States New York may also refer to: Film and television * '' ...
in the 1852 case of ''De Peyster v. Michael'' and
Australia Australia, officially the Commonwealth of Australia, is a sovereign country comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands. With an area of , Australia is the largest country by ...
in the 1992 case of '' Mabo v Queensland''. In the latter case, the High Court affirmed that
Elizabeth II Elizabeth II (Elizabeth Alexandra Mary; 21 April 1926 – 8 September 2022) was Queen of the United Kingdom and other Commonwealth realms from 6 February 1952 until her death in 2022. She was queen regnant of 32 sovereign states durin ...
was lord paramount over all formal
land tenure In common law systems, land tenure, from the French verb "tenir" means "to hold", is the legal regime in which land owned by an individual is possessed by someone else who is said to "hold" the land, based on an agreement between both individual ...
in Australia while simultaneously establishing the concept of a
native title Aboriginal title is a common law doctrine that the land rights of indigenous peoples to customary tenure persist after the assumption of sovereignty under settler colonialism. The requirements of proof for the recognition of aboriginal title, ...
over areas not explicitly legally held by others and continuously occupied by aboriginal people., pp. 5–7, 402.


See also

*
Sovereignty Sovereignty is the defining authority within individual consciousness, social construct, or territory. Sovereignty entails hierarchy within the state, as well as external autonomy for states. In any state, sovereignty is assigned to the perso ...
&
Allodial title Allodial title constitutes ownership of real property (land, buildings, and fixtures) that is independent of any superior landlord. Allodial title is related to the concept of land held "in allodium", or land ownership by occupancy and defense ...
*
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 ...
*
Overlord An overlord in the English feudal system was a lord of a manor who had subinfeudated a particular manor, estate or fee, to a tenant. The tenant thenceforth owed to the overlord one of a variety of services, usually military service or ser ...
&
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 partitioni ...
*
Feudalism Feudalism, also known as the feudal system, was the combination of the legal, economic, military, cultural and political customs that flourished in medieval Europe between the 9th and 15th centuries. Broadly defined, it was a way of structu ...
&
Seignory 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 terr ...
* ''
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 ...
'' & the
Tenures Abolition Act 1660 The Tenures Abolition Act 1660 (12 Car 2 c 24), sometimes known as the Statute of Tenures, was an Act of the Parliament of England which changed the nature of several types of feudal land tenure in England. The long title of the Act was ''An act ...
*
Native title in Australia Native title is the designation given to the common law doctrine of Aboriginal title in Australia, which is the recognition by Australian law that Indigenous Australians (both Aboriginal Australian and Torres Strait Islander people) have righ ...


Notes


References


Citations


Bibliography

* * {{citation , last=Jacob , first=Giles , title=The Common Law Common-Placed , date=1726 , url=https://books.google.com/books?id=fXBZAAAAYAAJ . Common law legal terminology Feudalism in England Land tenure Lords of the Manor Monarchy Noble titles Titles in the United Kingdom