In
English law
English law is the common law list of national legal systems, legal system of England and Wales, comprising mainly English criminal law, criminal law and Civil law (common law), civil law, each branch having its own Courts of England and Wales, ...
, subinfeudation is the practice by which
tenants, holding land under the
king
King is a royal title given to a male monarch. A king is an Absolute monarchy, absolute monarch if he holds unrestricted Government, governmental power or exercises full sovereignty over a nation. Conversely, he is a Constitutional monarchy, ...
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
Scots law () is the List of country legal systems, legal system of Scotland. It is a hybrid or mixed legal system containing Civil law (legal system), civil law and common law elements, that traces its roots to a number of different histori ...
, the feudal system was abolished by the Abolition of Feudal Tenure etc. (Scotland) Act 2000. The length of a lease
A lease is a contractual arrangement calling for the user (referred to as the ''lessee'') to pay the owner (referred to as the ''lessor'') for the use of an asset. Property, buildings and vehicles are common assets that are leased. Industrial ...
was limited to 175 years to prevent the existence of perpetual landlord–tenant relationships similar to those that existed under feudal tenure.
Holy Roman Empire
Within the Holy Roman Empire
The Holy Roman Empire, also known as the Holy Roman Empire of the German Nation after 1512, was a polity in Central and Western Europe, usually headed by the Holy Roman Emperor. It developed in the Early Middle Ages, and lasted for a millennium ...
, mesne fiefs were known as '' Afterlehen'', which became inheritable over time and could have up to five "stations" between the actual holder of the fief and the overarching liege lord.''Despotism and capitalism: a historical comparison of Europe and Indonesia''
by Tilman Schiel (1985). Retrieved 8 Feb 2014.
See also
*'' Afterlehen''
*
*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 t ...
* Concordat of Worms
*
* Statutes of Mortmain
*Quia Emptores
is a statute passed by the Parliament of England in 1290 during the reign of Edward I of England, Edward I that prevented Tenement (law), tenants from Alienation (property law), alienating (transferring) their lands to others by subinfeudati ...
References
Real property law
Feudalism
English law
Land tenure
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