Subinfeudation
Encyclopedia
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, Quia Emptores
, 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.
English law
English law is the legal system of England and Wales, and is the basis of common law legal systems used in most Commonwealth countries and the United States except Louisiana...
, subinfeudation is the practice by which tenants
Tenement (law)
A tenement , in law, is anything that is held, rather than owned. This usage is a holdover from feudalism, which still forms the basis of all real-estate law in the English-speaking world, in which the monarch alone owned the allodial title to all the land within his kingdom.Under feudalism, land...
, holding land under the king or other superior lord, carved out new and distinct tenures in their turn by sub-letting or alienating
Alienation (property law)
Alienation, in property law, is the capacity for a piece of property or a property right to be sold or otherwise transferred from one party to another. Although property is generally deemed to be alienable, it may be subject to restraints on alienation....
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
Lord Paramount
Paramount , is the highest authority, or that being of the greatest importance...
.
The great lords looked with dissatisfaction on the increase of such subtenures. Accordingly in 1290 a statute was passed, Quia Emptores
Quia Emptores
Quia Emptores of 1290 was a statute passed by Edward I of England that prevented tenants from alienating their lands to others by subinfeudation, instead requiring all tenants wishing to alienate their land to do so by substitution...
, 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.
See also
- Quia EmptoresQuia EmptoresQuia Emptores of 1290 was a statute passed by Edward I of England that prevented tenants from alienating their lands to others by subinfeudation, instead requiring all tenants wishing to alienate their land to do so by substitution...
- Statutes of MortmainStatutes of MortmainThe Statutes of Mortmain were two enactments, in 1279 and 1290, by King Edward I of England aimed at preserving the kingdom's revenues by preventing land from passing into the possession of the Church. In Medieval England, feudal estates generated taxes upon the inheritance or granting of the estate...
- Charter of LibertiesCharter of LibertiesThe Charter of Liberties, also called the Coronation Charter, 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 treatment of church officials and nobles...
- Concordat of WormsConcordat of WormsThe Concordat of Worms, sometimes called the Pactum Calixtinum by papal historians, was an agreement between Pope Calixtus II and Holy Roman Emperor Henry V on September 23, 1122 near the city of Worms...
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