A lordship is a territory held by a
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 o ...
. It was a landed estate that served as the lowest administrative and
judicial
The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...
unit in rural areas. It originated as a unit under the
feudal
Feudalism, also known as the feudal system, was a combination of legal, economic, military, cultural, and political customs that flourished in Middle Ages, medieval Europe from the 9th to 15th centuries. Broadly defined, it was a way of struc ...
system during the
Middle Ages
In the history of Europe, the Middle Ages or medieval period lasted approximately from the 5th to the late 15th centuries, similarly to the post-classical period of global history. It began with the fall of the Western Roman Empire and ...
. In a lordship, the functions of economic and legal management are assigned to a lord, who, at the same time, is not endowed with indispensable rights and duties of the
sovereign
''Sovereign'' is a title that can be applied to the highest leader in various categories. The word is borrowed from Old French , which is ultimately derived from the Latin">-4; we might wonder whether there's a point at which it's appropriate to ...
. A Lordship in its essence is clearly different from the
fief
A fief (; ) 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 alle ...
and, along with the
allod
Allod, deriving from Frankish language, Frankish ''alōd'' meaning "full ownership" (from ''al'' "full, whole" and ''ōd'' "property, possession"; Medieval Latin ''allod'' or ''allodium''), also known as allodial land or proprietary property, was ...
, is one of the ways to exercise the right.
''
Nulle terre sans seigneur'' ("No land without a lord") was a
feudal
Feudalism, also known as the feudal system, was a combination of legal, economic, military, cultural, and political customs that flourished in Middle Ages, medieval Europe from the 9th to 15th centuries. Broadly defined, it was a way of struc ...
legal maxim; where no other lord can be discovered,
the Crown
The Crown is a political concept used in Commonwealth realms. Depending on the context used, it generally refers to the entirety of the State (polity), state (or in federal realms, the relevant level of government in that state), the executive ...
is lord as
lord paramount. The principal incidents of a seignory were a feudal oath of
homage and
fealty; a
"quit" or "chief" rent; a "relief" of one year's quit rent, and the right of
escheat. In return for these privileges the lord was liable to forfeit his rights if he neglected to protect and defend the tenant or did anything injurious to the feudal relation.
In
England
England is a Countries of the United Kingdom, country that is part of the United Kingdom. It is located on the island of Great Britain, of which it covers about 62%, and List of islands of England, more than 100 smaller adjacent islands. It ...
, every seignory now existing must have been created before the statute ''
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 ...
'' (1290), which forbade the future creation of estates in fee-simple by
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 ...
. The only seignories of any importance at present are the
lordships of manors. They are regarded as incorporeal
hereditaments, and are either appendant or in gross. A seignory appendant passes with the grant of the manor; a seignory in gross—that is, a seignory which has been severed from the
demesne
A demesne ( ) or domain was all the land retained and managed by a lord of the manor under the feudal system for his own use, occupation, or support. This distinguished it from land subinfeudation, sub-enfeoffed by him to others as sub-tenants. ...
lands of the manor to which it was originally appendant—must be specially conveyed by deed of grant.
[
Freehold land may be enfranchised by a conveyance of the seignory to the freehold tenant, but it does not extinguish the tenant's right of common (''Baring v. Abingdon'', 1892, 2 Ch. 374). By s. 3 (ii.) of the Settled Land Act 1882, the tenant for life of a manor is empowered to sell the seignory of any freehold land within the manor, and by s. 21 (v.) the purchase of the seignory of any part of settled land being freehold land, is an authorized application of capital money arising under the act.][
]
Feudal origins
The lordships came into being as a result of the feudal system, in particular the sovereign's delegated judicial prerogative. The crown, as lord paramount, granted the right to govern and to exercise judicial authority to a crown vassal, often a confidant or as a reward for military service or political support. The crown vassal—e.g. a count
Count (feminine: countess) is a historical title of nobility in certain European countries, varying in relative status, generally of middling rank in the hierarchy of nobility. Pine, L. G. ''Titles: How the King Became His Majesty''. New York: ...
or duke
Duke is a male title either of a monarch ruling over a duchy, or of a member of Royal family, royalty, or nobility. As rulers, dukes are ranked below emperors, kings, grand princes, grand dukes, and above sovereign princes. As royalty or nobi ...
— thus exercised all or part of the sovereign's royal authority. In turn the crown vassal granted rights to the mesne lords.
Because a fief
A fief (; ) 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 alle ...
originated out of a bond between vassal and lord for military service, vassalage was personal not heritable. With the advent of professional armies, the vassalage bond fell into disuse or was replaced by scutage
Scutage was a medieval English tax levied on holders of a knight's fee under the feudal land tenure of knight-service. Under feudalism the king, through his vassals, provided land to knights for their support. The knights owed the king militar ...
; however, vassalage remained personal. One of the consequences of this was that, on the death of the vassal, the fief escheated to the lord. The vassal's heir was able to retain the ''heerlijkheid'' through the commendation ceremony
A commendation ceremony (''commendatio'') is a formal ceremony that evolved during the Early Middle Ages, Early Medieval period to create a bond between a lord and his fighting man, called his vassal. The first recorded ceremony of ''commendatio' ...
, the process of paying homage and swearing fealty officiated at the head manor court. The new vassal made a symbolic payment to his lord. The same ceremony was held when a manor was sold. If there was no direct descendant, other blood relatives could exercise their right of ''laudatio parentum'', which grants them a right of first refusal
Right of first refusal (ROFR or RFR) is a contractual right that gives its holder the option to enter a business transaction with the owner of something, according to specified terms, before the owner is entitled to enter into that transactio ...
and explains how lordships were able to be kept in the same families for centuries.
Manorial rights
The tenancy of a lordship is not to be confused with land ownership. It was an estate in land
An estate in land is, in the law of England and Wales, an interest in real property that is or may become possessory. It is a type of personal property and encompasses land ownership, rental and other arrangements that give people the right to us ...
, not land ''per se''. Although lords of the manor generally owned property within a lordship (often substantial amounts), it was possible for a lord not to own any property at all within his own lordship. Also, when agricultural land was held by a lord in the Low Countries, the amount held was smaller in comparison to other countries.
Lordship conferred a set of manorial rights.
Most German lordships were ''mediate'', which meant that their lords and inhabitants owed allegiance to a territorial ruler — such as a duke
Duke is a male title either of a monarch ruling over a duchy, or of a member of Royal family, royalty, or nobility. As rulers, dukes are ranked below emperors, kings, grand princes, grand dukes, and above sovereign princes. As royalty or nobi ...
, a margrave
Margrave was originally the Middle Ages, medieval title for the military commander assigned to maintain the defence of one of the border provinces of the Holy Roman Empire or a monarchy, kingdom. That position became hereditary in certain Feudal ...
, a count
Count (feminine: countess) is a historical title of nobility in certain European countries, varying in relative status, generally of middling rank in the hierarchy of nobility. Pine, L. G. ''Titles: How the King Became His Majesty''. New York: ...
, a prince
A prince is a male ruler (ranked below a king, grand prince, and grand duke) or a male member of a monarch's or former monarch's family. ''Prince'' is also a title of nobility (often highest), often hereditary, in some European states. The ...
, a prince-elector
The prince-electors ( pl. , , ) were the members of the Electoral College of the Holy Roman Empire, which elected the Holy Roman Emperor. Usually, half of the electors were archbishops.
From the 13th century onwards, a small group of prince- ...
or a prince-bishop
A prince-bishop is a bishop who is also the civil ruler of some secular principality and sovereignty, as opposed to '' Prince of the Church'' itself, a title associated with cardinals. Since 1951, the sole extant prince-bishop has been the ...
— who exercised a number of sovereign rights over them, including high justice, taxation and military conscription. However, several lordships were immediate, having gained that coveted status usually at some time during the Middle Ages. The lords of a small number of those immediate lordships, often imperial knights, eventually succeeded in having themselves raised to the status of count (''Graf
(; feminine: ) is a historical title of the German nobility and later also of the Russian nobility, usually translated as "count". Considered to be intermediate among noble ranks, the title is often treated as equivalent to the British title ...
'') or prince (''Fürst
' (, female form ', plural '; from Old High German ', "the first", a translation of the Latin ') is a German language, German word for a ruler as well as a princely title. ' were, starting in the Middle Ages, members of the highest nobility who ...
'') and recognized as imperial estates with a seat and vote at the Imperial Diet. Seventeenth-century jurists began to designate those immediate lordships, as well as the more important territories of imperial knights as ''baronia'', and after them the custom was established in Germany to call them ''Baronie'' or ''Baronat'' (French: ''baronnie'', English: ''barony'') and their owners baron
Baron is a rank of nobility or title of honour, often Hereditary title, hereditary, in various European countries, either current or historical. The female equivalent is baroness. Typically, the title denotes an aristocrat who ranks higher than ...
s.[Rachel Renaul]
"Herrschaft", ''Histoire du Saint-Empire''
See also
* List of lordships
* ''Herrschaft
The German term ''Herrschaft'' (plural: ''Herrschaften'') covers a broad semantic field and only the context will tell whether it means, "rule", "power", "dominion", "authority", "territory" or "lordship". In its most abstract sense, it refers ...
'', German for lordship
* '' Seignory'', French for lordship
* ''Heerlijkheid
A ''heerlijkheid'' (a Dutch language, Dutch word; pl. ''heerlijkheden''; also called ''heerschap''; Latin: ''Dominium'') was a landed estate that served as the lowest administrative and Judiciary, judicial unit in rural areas in the Dutch-speaking ...
'', Dutch for lordship
* '' Despotes'', Greek for lordship
* '' Signoria'', Italian for lordship
* '' Honra'', Portuguese for lordship
* Provincial lordship
* Lordship of Ireland
References
{{Authority control
Property law
Feudalism