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Feoffment
In the Middle Ages, especially under the European feudal system, feoffment or enfeoffment was the deed by which a person was given land in exchange for a pledge of service. This mechanism was later used to avoid restrictions on the passage of title in land by a system in which a landowner would give land to one person for the use of another. The common law of estates in land grew from this concept. Etymology The word ''feoffment'' derives from the Old French or ; compare with the Late Latin . England In English law, feoffment was a transfer of land or property that gave the new holder the right to sell it as well as the right to pass it on to his heirs as an inheritance. It was total relinquishment and transfer of all rights of ownership of an estate in land from one individual to another. In feudal England a feoffment could only be made of a fee (or "fief"), which is an estate in land, that is to say an ownership of rights over land, rather than ownership of the land itself, ...
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English Feudal Barony
In the kingdom of England, a feudal barony or barony by tenure was the highest degree of feudal land tenure, namely ''per baroniam'' (Latin for "by barony"), under which the land-holder owed the service of being one of the king's barons. The duties owed by and the privileges granted to feudal barons are not exactly defined, but they involved the duty of providing soldiers to the royal feudal army on demand by the king, and the privilege of attendance at the king's feudal court, the precursor of parliament. If the estate-in-land held by barony contained a significant castle as its '' caput baroniae'' and if it was especially large – consisting of more than about 20 knight's fees (each loosely equivalent to a manor) – then it was termed an honour. The typical honour had properties scattered over several shires, intermingled with the properties of others. This was a specific policy of the Norman kings, to avoid establishing any one area under the control of a single lord. Us ...
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Han Dynasty
The Han dynasty (, ; ) was an Dynasties in Chinese history, imperial dynasty of China (202 BC – 9 AD, 25–220 AD), established by Emperor Gaozu of Han, Liu Bang (Emperor Gao) and ruled by the House of Liu. The dynasty was preceded by the short-lived Qin dynasty (221–207 BC) and a warring interregnum known as the ChuHan contention (206–202 BC), and it was succeeded by the Three Kingdoms period (220–280 AD). The dynasty was briefly interrupted by the Xin dynasty (9–23 AD) established by usurping regent Wang Mang, and is thus separated into two periods—the #Western Han, Western Han (202 BC – 9 AD) and the #Eastern Han, Eastern Han (25–220 AD). Spanning over four centuries, the Han dynasty is considered a golden age (metaphor), golden age in Chinese history, and it has influenced the identity of the History of China, Chinese civilization ever since. Modern China's majority ethnic group refers to themselves as the "Han Chinese, Han people", the Sinitic langu ...
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Entail
In English common law, fee tail or entail is a form of trust established by deed or settlement which restricts the sale or inheritance of an estate in real property and prevents the property from being sold, devised by will, or otherwise alienated by the tenant-in-possession, and instead causes it to pass automatically by operation of law to an heir determined by the settlement deed. The term ''fee tail'' is from Medieval Latin , which means "cut(-short) fee" and is in contrast to "fee simple" where no such restriction exists and where the possessor has an absolute title (although subject to the allodial title of the monarch) in the property which he can bequeath or otherwise dispose of as he wishes. Equivalent legal concepts exist or formerly existed in many other European countries and elsewhere. Purpose The fee tail allowed a patriarch to perpetuate his blood-line, family-name, honour and armorials in the persons of a series of powerful and wealthy male descendants. By kee ...
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Feudal Land Tenure
Under the English feudal system several different forms of land tenure existed, each effectively a contract with differing rights and duties attached thereto. Such tenures could be either free-hold, signifying that they were hereditable or perpetual, or non-free where the tenancy terminated on the tenant's death or at an earlier specified period. High medieval period In England's ancient past large parts of the realm were unoccupied and owned as allodial titles: the landowners simply cooperated with the king out of a mutual interest instead of legal obligation. It was not until the Norman conquest, when William the Conqueror declared himself to be the sole allodial owner of the entire realm, that land tenures changed drastically. In William's kingdom the common exchange and sale of land became restricted and all landholders were made to provide a service to their lord ("'' no land without a lord''"). Norman reforms William stripped the land from those who opposed him and redis ...
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Fee (feudal Tenure)
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 of feudal allegiance, services and/or payments. The fees were often lands, land revenue or revenue-producing real property like a watermill, held in feudal land tenure: these are typically known as fiefs or fiefdoms. However, not only land but anything of value could be held in fee, including governmental office, rights of exploitation such as hunting, fishing or felling trees, monopolies in trade, money rents and tax farms. There never did exist one feudal system, nor did there exist one type of fief. Over the ages, depending on the region, there was a broad variety of customs using the same basic legal principles in many variations. Terminology In ancient Rome, a "benefice" (from the Latin noun , meaning "benefit") was a gift of lan ...
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Feudal Land Tenure
Under the English feudal system several different forms of land tenure existed, each effectively a contract with differing rights and duties attached thereto. Such tenures could be either free-hold, signifying that they were hereditable or perpetual, or non-free where the tenancy terminated on the tenant's death or at an earlier specified period. High medieval period In England's ancient past large parts of the realm were unoccupied and owned as allodial titles: the landowners simply cooperated with the king out of a mutual interest instead of legal obligation. It was not until the Norman conquest, when William the Conqueror declared himself to be the sole allodial owner of the entire realm, that land tenures changed drastically. In William's kingdom the common exchange and sale of land became restricted and all landholders were made to provide a service to their lord ("'' no land without a lord''"). Norman reforms William stripped the land from those who opposed him and redis ...
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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 Conqueror. William's claim to the English throne derived from his familial relationship with the childless Anglo-Saxon king Edward the Confessor, who may have encouraged William's hopes for the throne. Edward died in January 1066 and was succeeded by his brother-in-law Harold Godwinson. The Norwegian king Harald Hardrada invaded northern England in September 1066 and was victorious at the Battle of Fulford on 20 September, but Godwinson's army defeated and killed Hardrada at the Battle of Stamford Bridge on 25 September. Three days later on 28 September, William's invasion force of thousands of men and hundreds of ships landed at Pevensey in Sussex in southern England. Harold marched south to oppose him, leaving a significant portion o ...
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Manorialism
Manorialism, also known as the manor system or manorial system, was the method of land ownership (or " tenure") in parts of Europe, notably France and later England, during the Middle Ages. Its defining features included a large, sometimes fortified manor house in which the lord of the manor and his dependents lived and administered a rural estate, and a population of labourers who worked the surrounding land to support themselves and the lord. These labourers fulfilled their obligations with labour time or in-kind produce at first, and later by cash payment as commercial activity increased. Manorialism is sometimes included as part of the feudal system. Manorialism originated in the Roman villa system of the Late Roman Empire, and was widely practiced in medieval western Europe and parts of central Europe. An essential element of feudal society, manorialism was slowly replaced by the advent of a money-based market economy and new forms of agrarian contract. In examini ...
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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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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''. The ...
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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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Fee Simple
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 feudal la ...
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