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 particu ...

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 serje ...

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 Lord, overlord to a vassal, who held it in fealty or "in fee" in return for a for ...

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 defens ...

, owing no

socage Socage () was one of the feudal duties and land tenure forms in the Feudalism, English feudal system. It eventually evolved into the freehold tenure called "free and common socage", which did not involve feudal duties. Farmers held land in excha ...

feudal obligations Feudal duties were the set of reciprocal financial, military and legal obligations among the warrior nobility in a feudal system. Translated into English by Philip Grierson as ''Feudalism'', 1st ed., London, 1952. These duties developed in both E ...

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 a ...

. 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 partitionin ...

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 10 ...

("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 (topography), summit area, and ...

") 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 suzerain. W ...

s of mesne lords, who were considered "paravail" from ("in the

valley A valley is an elongated low area often running between Hill, hills or Mountain, 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 ...

"). 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, a ...

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 op ...

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, be ...

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 Conque ...

, 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, which title is also given to the consort of a king. *In the context of prehistory, antiquity and contemporary indigenous peoples, the tit ...

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 Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vari ...

to land was held through them, particularly after the abolition of most unusual feudal titles and obligations under the 1660

Statute of Tenures 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 ...

. 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 ro ...

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 Monarchy of the United Kingdom, 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 ...

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 interlink ...

with the Crown. Nonetheless, the term does appear in some other contexts. The

marquess of Exeter Marquess of Exeter is a title that has been created twice, once in the Peerage of England and once in the Peerage of the United Kingdom. The first creation came in the Peerage of England in 1525 for Henry Courtenay, 2nd Earl of Devon. For more ...

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 until ...

. 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 knig ...

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

as an estate held by the

Crown A crown is a traditional form of head adornment, or hat, worn by monarchs as a symbol of their power and dignity. A crown is often, by extension, a symbol of the monarch's government or items endorsed by it. The word itself is used, partic ...

in 1351, which gave rise to the title of "Lord King of Bowland".) The title is also sometimes broadly applied to any

. 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 omnipresen ...

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 state, sovereign country comprising the mainland of the Australia (continent), Australian continent, the island of Tasmania, and numerous List of islands of Australia, sma ...

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 during ...

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 Indigenous peoples are culturally distinct ethnic groups whose members are directly descended from the earliest known inhabitants of a particular geographic region and, to some extent, maintain the language and culture of those original people ...

., pp. 5–7, 402.

Notes

References

Citations

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