Lord of the manor
In Anglo-Irish history, the lordship of a manor is a lordship emanating from the feudal system of manorialism. The origins of the lordship of manors arose in the Anglo-Saxon system of manorialism, following the Norman conquest, land at the manorial level was recorded in the Domesday Book of 1086. The title cannot nowadays be subdivided, Lord Denning, in Corpus Christi College Oxford v Gloucestershire County Council QB360, described the manor thus, In medieval times the manor was the nucleus of English rural life. It was a unit of an extensive area of land. The whole of it was owned originally by the lord of the manor and he lived in the big house called the manor house. Attached to it were many acres of grassland and woodlands called the park and these were the “demesne lands” which were for the personal use of the lord of the manor. Dotted all round were the homes and land occupied by the “tenants of the manor”. The owner of a lordship of the manor can be described as, Lord/Lady of the Manor of, in modern times any person may choose to use a name that is not the property of another.
Under English common law a person may choose to be known by any name he sees fit as long as it is not done to commit fraud or evade an obligation, a manorial lordship is not a noble title, but a semi-extinct form of landed property. Lordship in this sense is a synonym for ownership, although this ownership involved a legal jurisdiction in the form of the court baron. Technically, lords of manors are barons, or freemen, the style Lord of the Manor of X or Lord of X is, in this sense, more of a description than a title, somewhat similar to the term Laird in Scotland. Fellows of Kings College, Cambridge have given the view that the term indicated wealth and privilege, since 1965 Lords of the Manor have been entitled to compensation in the event of compulsory purchase. Before the Land Registration Act 2002 it was possible for manors to be registered with HM Land Registry. Manorial incidents, which are the rights that a lord of the manor may exercise over other peoples land and this is a separate issue to the registration of lordships of manors, since both registered and unregistered lordships will continue to exist after that date.
This issue does not affect the existence of the title of lord of the manor, there have been cases where manors have been sold and the seller has unknowingly parted with rights to unregistered land in England and Wales. In England in the Middle Ages, land was held of the English monarch or ruler by a local supporter. The people who had sworn homage to the lord were known as vassals, vassals were nobles who served loyalty for the king, in return for being given the use of land. The person who held feudal land directly from the king was known as a tenant-in-chief, military service was based upon units of ten knights
English law is the common law legal system governing England and Wales, comprising criminal law and civil law. English law has no formal codification, the essence of English common law is that it is made by judges sitting in courts applying statute, and legal precedent from previous cases. A decision of the Supreme Court of the United Kingdom, the highest civil court of the United Kingdom, is binding on every other court. Some rulings are derived from legislation, known as law, are based on rulings of previous courts. For example, murder is a common law rather than one established by an Act of Parliament. Common law can be amended or repealed by Parliament, for example, the first schedule of the Interpretation Act 1978, defines the following terms, British Islands and United Kingdom. The use of the term British Isles is virtually obsolete in statutes and, for interpretation purposes, England includes a number of specified elements and Berwick Act 1746, section 3 formally incorporated Wales and Berwick-upon-Tweed into England.
But section 4 Welsh Language Act 1967 provided that references to England in future Acts of Parliament should no longer include Wales, but Dicey & Morris say It seems desirable to adhere to Diceys definition for reasons of convenience and especially of brevity. It would be cumbersome to have to add or Wales after England, the adjacent islands of the Isle of Wight and Anglesey are a part of England and Wales by custom, while Harman v Bolt 47 TLR219 expressly confirms that Lundy is a part of England. The adjacent territorial waters by virtue of the Territorial Waters Jurisdiction Act 1878, great Britain means England, Scotland, their adjacent territorial waters and the islands of Orkney and Shetland, the Hebrides and, by virtue of the Island of Rockall Act 1972, Rockall. V Canon Film Sales Ltd.1 WLR1597 and Chloride Industrial Batteries Ltd, V F. & W. Freight Ltd.1 WLR823. British Islands – but not British Isles – means the United Kingdom, the Isle of Man, compare with American convention, which includes of, as in Civil Rights Act of 1964.
For example, the Pleading in English Act 1362 was referred to as 36 Edw,15, meaning 36th year of the reign of Edward III, chapter 15, though in the past this was all spelt out, together with the long title. Common law is a term with historical origins in the system of England. This may be a legacy of the Norman conquest of England, an example is the Law Merchant derived from the Pie-Powder Courts, named from a corruption of the French pieds-poudrés implying ad hoc marketplace courts. In 1276, the concept of time immemorial often applied in common law was defined as being any time before 6 July 1189, one of the major challenges in the early centuries was to produce a system that was certain in its operation and predictable in its outcomes. Too many judges were either partial or incompetent, acquiring their positions only by virtue of their rank in society, thus, a standardised procedure slowly emerged, based on a system termed stare decisis which roughly means let the decision stand. The doctrine of precedent which requires similar cases to be adjudicated in a like manner, the ratio decidendi of each case will bind future cases on the same generic set of facts both horizontally and vertically in the court structure
Escheat /ᵻsˈtʃiːt/ is a common law doctrine that transfers the property of a person who died without heirs to the crown or state. It serves to ensure that property is not left in limbo without recognized ownership and it originally applied to a number of situations where a legal interest in land was destroyed by operation of law, so that the ownership of the land reverted to the immediately superior feudal lord. The term escheat derives ultimately from the Latin ex-cadere, to fall-out, the sense is of a feudal estate in land falling-out of the possession by a family into possession by the overlord. In feudal England, escheat referred to the situation where the tenant of a fee died without an heir or committed a felony, from the time of Henry III, the monarchy took particular interest in escheat as a source of revenue. At the Norman Conquest of England all the land of England was claimed as the possession of William the Conqueror under allodial title. The monarch thus became the owner of all the land in the kingdom.
He granted it out to his followers, who thereby became tenants-in-chief. Such tenures, even the highest one of feudal barony, never conferred ownership of land but merely ownership of rights over it, such persons are therefore correctly termed land-holders or tenants, not owners. If held freely, that is to say by freehold, such holdings were heritable by the legal heir. On the payment of a premium termed feudal relief to the treasury, logically therefore it was in the occupation of the crown alone, that is to say in the royal demesne. This was the operation of an escheat, a failure of heirs. Since disavowal of a bond was considered a felony, lords could escheat land from those who refused to be true to their feudal services. On the other hand, there were tenants who were sluggish in performing their duties, remedies in the courts against this sort of thing, even in Bractons day, were available, but were considered laborious and frequently ineffectual in compelling the desired performance. The commonest mechanism would be distraint, called distress, the lord would seize some chattel and this practice had been dealt with in the 1267 Statute of Marlborough.
Even so, it remained the most common method applied by the lords at the time of Quia Emptores. Thus, under English common law, there were two ways an escheat could happen, A persons property escheated if he was convicted of a felony. If the person was executed for the crime, his heirs were attainted, if a person had no heir to receive their property under a will or under the laws of intestacy, any property he owned at death would escheat. This rule has been replaced in most common-law jurisdictions by bona vacantia or a similar concept, from the 12th century onward, the Crown appointed escheators to manage escheats and report to the Exchequer, with one escheator per county established by the middle of the 14th century
The statute takes its name Quia Emptores from the first two words of the statute in its original medieval Latin, and can be translated as because the buyers. By effectively ending the practice of subinfeudation, Quia Emptores hastened the end of feudalism in England, the two noble Houses thus grew more powerful than the Crown itself, with the consequent wars between them for control of the realm. Prior to the Norman Conquest of England in 1066, in the Anglo-Saxon era the law of succession was customary. Land or folkland, as it was called, was held in allodial title by the group and it was probably of little relevance when the titular head of the clan or family died. Traditional lands continued to be held in community by the group, the exact nature of allodialism as it existed in Anglo-Saxon England has been debated, but to no definitive end. On one side, it has argued in the mark system. After the Norman Conquest, the rule one of primogeniture inheritance. The intent of primogeniture inheritance was to large land holdings in the hands of a relatively few.
The other sons could be accommodated by becoming under-lords to the surviving heir, the eldest would accept the younger brothers “in homage” in return for their allegiance. This was a process called subinfeudation, even commoners could subinfeudate to their social inferiors. Large pieces of land were given to the lords by the Norman Crown. Land title under William was a life tenure, meaning the land would pass back to the Crown upon the death of the lord and these lands were subinfeudated to lesser lords. Landholdings in England were of this pattern, large land grants issued to the lords by the Crown. These were divided up among the sons, who subinfeudated to lesser lords. These in turn accepted in homage their lessers who held even smaller parcels of land, determining who owed what feudal incidences filled the court dockets for generations. With the passage of time, land tenures came to be inherited by the survivors of the great lords upon their deaths, accompanying the Norman change in inheritance was a recognition of the ability of even the lowest of landholders the right of inheritance.
In the 12th century, this custom was extended to the commoners and it was discovered that granting an interest in the passage of land to their children, commoners would tend the land with greater economy. The children of tenants were assured their inheritance in the land and this meant, as a practicality, the land could be sold or bequeathed to the Church
A heerlijkheid was a landed estate that served as the lowest administrative and judicial unit in rural areas in the Dutch-speaking Low Countries before 1800. It originated as a unit of lordship under the system during the Middle Ages. The English equivalents are manor and lordship, the heerlijkheid system was the Dutch version of manorialism that prevailed in the Low Countries and was the precursor to the modern municipality system in the Netherlands and Flemish Belgium. A typical heerlijkheid manor consisted of a village and the surrounding lands extending out for a kilometre or so, taking 18th-century Wassenaar as an example of a large hoge heerlijkheid, it was 3,612 morgens in size and had 297 houses. Nearby Voorschoten was 1,538 morgens in size and had 201 houses, nootdorp was an ambachtsheerlijkheid of 196 morgens and 58 houses. There were 517 heerlijkheden in the province of Holland in the 18th century, all fell into the last three categories in the list below. Not all heerlijkheden were the same and they differed in size and composition.
A Flemish castellany was larger and different from a heerlijkheid, there were different kinds of heerlijkheid, vrijheerlijkheid — an allod or allodium. These heerlijkheden were found usually at the edges of a county and were called ‘free’ because they were instead of a fief held by an overlord. Hoge heerlijkheid — a great barony or ‘honour’, either a fief or allodium, in these large lordships, the lord had jurisdiction to appoint a bailiff instead of just a reeve, and to administer capital punishment. It was possible for a heerlijkheid to be both prescriptive and large, the largest were actually mini-counties within the county. Ambacht or ambachtsheerlijkheid — a serjeanty, often located rather than on the borders. Serjeanties sometimes consisted of nothing more than a castle and a few hectares of land, the serjeant did not have the power of ‘pit and gallows’, i. e. the power to impose the death penalty. In Dutch, the lord was called heer and the lady vrouw, the lord was referred to by the Latin word dominus.
A rarer English alternative is seigneur, there were different kinds of lord and lady and vrijvrouwe — allodial lord or allodiary, tenant of an allodial lordship. Erfheer and erfvrouwe — feudal baron or mesne lord, tenant of a fiefdom, baanderheer — tenant by knight-service, some lords used this title when their noble line was ancient and therefore superior to other nobles ambachtsheer — tenant by serjeanty. Under the feudal system, a manorial lord typically was himself the vassal of a higher-ranking tenant-in-chief, usually a highborn noble, sometimes there was no mesne tenancy, as was the case with knights fees held in capite. The heerlijkheid was ruled directly by a count, a viscount or a baron, also, it was not uncommon for the lord to be ecclesiastical, e. g. a prince-bishop or prince-abbot
In England royal demesne is the land held by the Crown, and ancient demesne is the legal term for the land held by the king at the time of the Domesday Book. The word derives from Old French demeine, ultimately from Latin dominus, the word barton, which is an element found in many place-names, can refer to a demesne farm, it derives from Old English bere and ton. In this feudal system the demesne was all the land retained under his own management by a lord of the manor for his own use and it was not necessarily all contiguous to the manor house. A portion of the lands, called the lords waste, served as public roads and common pasture land for the lord. Most of the remainder of the land in the manor was sub-enfeoffed by the lord to others as sub-tenants, with the advent of the early modern period, demesne lands came to be cultivated by paid labourers. In times of inflation or debasement of coinage, the rent might come to represent a pittance, demesne lands that were leased out for a term of years remained demesne lands, though no longer in the occupation of the lord of the manor.
The king made grants of large parcels of land under various forms of feudal tenure from his demesne. The land not so enfeoffed, for example royal manors administered by royal stewards and royal hunting forests, thus remained within the royal demesne. During the reign of King George III, Parliament appropriated most of the demesne, in exchange for a fixed annual sum thenceforth payable to the monarch. The position of the estate of Windsor, still occupied by the monarch and never alienated since 1066. Since the demesne surrounded the principal seat of the lord, it came to be used of any proprietary territory. A Dictionary of Medieval Terms and Phrases
The Crown is the state in all its aspects within the jurisprudence of the Commonwealth realms and their sub-divisions, although the term is not only a metonym for the State. The Crown is a sole that represents the legal embodiment of executive, legislative. These monarchies are united by the union of their monarch. The concept of the Crown developed first in the Kingdom of England as a separation of the crown and property of the nation state from the person. The concept spread through English and British colonisation and is now rooted in the lexicon of the other 15 independent realms. In this context it should not be confused with any physical crown, the concept of the Crown took form under the feudal system. Though not used this way in all countries that had this system, in England, all rights, for instance, was granted by the Crown to lords in exchange for feudal services and they, in turn, granted the land to lesser lords. One exception to this was common socage—owners of land held as socage held it only to the Crown.
The Crown as ultimate owner of all property owns any property which has become bona vacantia, the monarch is the living embodiment of the Crown and, as such, is regarded as the personification of the state. He office cannot exist without the office-holder, the Crown represents the legal embodiment of executive and judicial governance. While the Crowns legal personality is usually regarded as a sole, it can, at least for some purposes. Historically, the Crown was considered to be indivisible, two judgments—Ex parte Indian Association of Alberta and Ex parte Quark —challenged that view. The Crown in each of the Commonwealth realms is a similar, because both Canada and Australia are federations, there are crowns in right of each Canadian province and each Australian state. The Succession to the Crown Law 2013 defined the Crown, for the purposes of implementing the Perth Agreement in Jersey law, as the Crown in right of the Bailiwick of Jersey. Legislation in the Isle of Man defines the Crown in right of the Isle of Man as being separate from the Crown in right of the United Kingdom and this constitutional concept is worded as the Crown in right of the Bailiwick of Guernsey.
The reserve powers of the Crown for each territory are no longer considered to be exercisable on the advice of the UK government, often cases are brought by the Crown according to the complaint of a claimant. The title of the case follows the pattern of R v Y. Thus R v Secretary of State for Exiting the European Union is R v Secretary of State for Exiting the European Union, where Miller is Gina Miller, in Scotland, criminal prosecutions are undertaken by the Lord Advocate in the name of the Crown
Homage in the Middle Ages was the ceremony in which a feudal tenant or vassal pledged reverence and submission to his feudal lord, receiving in exchange the symbolic title to his new position. It was an acknowledgement to the lord that the vassal was, literally. The oath known as fealty implied lesser obligations than did homage, a similar concept is the bayah, a type of oath in Islam. There have been some conflicts about obligations of homage in history, for example, the Angevin monarchs of England were sovereign in England, i. e. they had no duty of homage regarding those holdings, but they were not sovereign regarding their French holdings. So Henry II was king of England, but he was merely Duke of the Normans and Angevins, the Capetian kings in Paris, though weak militarily, claimed a right of homage. The usual oath was therefore modified by Henry to add the qualification for the lands I hold overseas, the implication was that no knights service was owed for the conquered English lands. After King John was forced to surrender Normandy to France in 1204, John still expected to recover his ancestral lands, and those English lords who held lands in Normandy would have to choose sides.
Many were forced to abandon their continental holdings, at first that seemed to satisfy John, but eventually, as a price for making peace with the French king to keep his lands, the Earl Marshall fell out of favour with John. The conflict between the French monarchs and the Angevin kings of England continued through the 13th century, when Edward I was asked to provide military service to Philip III in his war with Aragon in 1285, Edward made preparations to provide service from Gascony. A truce was arranged, before Edward had to decide what to do, but when Phillip III died, and his son Philip IV ascended the French throne in 1286, Edward dutifully but reluctantly performed homage for the sake of peace. In doing so, Edward added yet another qualification – that the duty owed was according to the terms of the peace made between our ancestors, allegiance Bayah Charge Duty Fealty Feudalism in the Holy Roman Empire Honor
The term public domain has two senses of meaning. Anything published is out in the domain in the sense that it is available to the public. Once published and information in books is in the public domain, in the sense of intellectual property, works in the public domain are those whose exclusive intellectual property rights have expired, have been forfeited, or are inapplicable. Examples for works not covered by copyright which are therefore in the domain, are the formulae of Newtonian physics, cooking recipes. Examples for works actively dedicated into public domain by their authors are reference implementations of algorithms, NIHs ImageJ. The term is not normally applied to situations where the creator of a work retains residual rights, as rights are country-based and vary, a work may be subject to rights in one country and be in the public domain in another. Some rights depend on registrations on a basis, and the absence of registration in a particular country, if required. Although the term public domain did not come into use until the mid-18th century, the Romans had a large proprietary rights system where they defined many things that cannot be privately owned as res nullius, res communes, res publicae and res universitatis.
The term res nullius was defined as not yet appropriated. The term res communes was defined as things that could be enjoyed by mankind, such as air, sunlight. The term res publicae referred to things that were shared by all citizens, when the first early copyright law was first established in Britain with the Statute of Anne in 1710, public domain did not appear. However, similar concepts were developed by British and French jurists in the eighteenth century, instead of public domain they used terms such as publici juris or propriété publique to describe works that were not covered by copyright law. The phrase fall in the domain can be traced to mid-nineteenth century France to describe the end of copyright term. In this historical context Paul Torremans describes copyright as a coral reef of private right jutting up from the ocean of the public domain. Because copyright law is different from country to country, Pamela Samuelson has described the public domain as being different sizes at different times in different countries.
According to James Boyle this definition underlines common usage of the public domain and equates the public domain to public property. However, the usage of the public domain can be more granular. Such a definition regards work in copyright as private property subject to fair use rights, the materials that compose our cultural heritage must be free for all living to use no less than matter necessary for biological survival
Feudalism was a combination of legal and military customs in medieval Europe that flourished between the 9th and 15th centuries. Broadly defined, it was a way of structuring society around relationships derived from the holding of land in exchange for service or labour, since the publication of Elizabeth A. R. There is no commonly accepted definition of feudalism, at least among scholars. Since the publication of Elizabeth A. R, outside a European context, the concept of feudalism is often used only by analogy, most often in discussions of feudal Japan under the shoguns, and sometimes medieval and Gondarine Ethiopia. The term feudalism has been applied—often inappropriately or pejoratively—to non-Western societies where institutions, the term féodal was used in 17th-century French legal treatises and translated into English legal treatises as an adjective, such as feodal government. In the 18th century, Adam Smith, seeking to describe systems, effectively coined the forms feudal government. In the 19th century the adjective feudal evolved into a noun, the term feudalism is recent, first appearing in French in 1823, Italian in 1827, English in 1839, and in German in the second half of the 19th century.
The term feudal or feodal is derived from the medieval Latin word feodum, the etymology of feodum is complex with multiple theories, some suggesting a Germanic origin and others suggesting an Arabic origin. Initially in medieval Latin European documents, a grant in exchange for service was called a beneficium. Later, the term feudum, or feodum, began to replace beneficium in the documents, the first attested instance of this is from 984, although more primitive forms were seen up to one-hundred years earlier. The origin of the feudum and why it replaced beneficium has not been well established, the most widely held theory is put forth by Marc Bloch. Bloch said it is related to the Frankish term *fehu-ôd, in which means cattle and -ôd means goods. This was known as feos, a term that took on the meaning of paying for something in lieu of money. This meaning was applied to itself, in which land was used to pay for fealty. Thus the old word feos meaning movable property changed little by little to feus meaning the exact opposite and this Germanic origin theory was shared by William Stubbs in the 19th century.
Another theory was put forward by Archibald R. Lewis, Lewis said the origin of fief is not feudum, but rather foderum, the earliest attested use being in Astronomuss Vita Hludovici. In that text is a passage about Louis the Pious that says annona militaris quas vulgo foderum vocant, another theory by Alauddin Samarrai suggests an Arabic origin, from fuyū. Samarrais theory is that early forms of fief include feo, feuz and others, the first use of these terms is in Languedoc, one of the least Germanic areas of Europe and bordering Muslim Spain