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The precarium (plural precaria)—or precaria (plural precariae) in the feminine form—is a form of land tenure in which a petitioner (grantee) receives a property for a specific amount of time without any change of ownership. The precarium is thus a free gift made on request (or ''precarius'', whence "prayer") and can be revoked. The grantor can reclaim the land and evict the grantee at any time, and the grantee's hold on the land is said to be "precarious". (The adjectival form "precarial" is also used.) The precarium arose in the late Roman Empire. In the Middle Ages it became a legal fiction, and the two parties usually signed a contract specifying the rent or services owed by the petitioner. Some precaria eventually became hereditary fiefs. In the Merovingian period the feminine form (singular ''precaria'') became common, but in the eighth century the term '' beneficium'' began to replace ''precarium'', although the institutions were practically identical. Ecclesiastical u ...
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Land Tenure
In Common law#History, common law systems, land tenure, from the French verb "" means "to hold", is the legal regime in which land "owned" by an individual is possessed by someone else who is said to "hold" the land, based on an agreement between both individuals. It determines who can use land, for how long and under what conditions. Tenure may be based both on official laws and policies, and on informal local customs (insofar higher law does allow that). In other words, land tenure implies a system according to which land is held by an individual or the actual farmer, tiller of the land but this person does not have legal ownership. It determines the holder's rights and responsibilities in connection with their holding. The sovereign monarch, known in England as the Crown, held land in its own right. All land holders are either its tenants or sub-tenants. ''Tenure'' signifies a legal relationship between tenant and lord, arranging the duties and rights of tenant and lord in r ...
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Late Roman Empire
In historiography, the Late or Later Roman Empire, traditionally covering the period from 284 CE to 641 CE, was a time of significant transformation in Roman governance, society, and religion. Diocletian's reforms, including the establishment of the tetrarchy, aimed to address the vastness of the empire and internal instability. The rise of Christianity, legalized by Constantine the Great in 313 CE, profoundly changed the religious landscape, becoming a central force in Roman life. Simultaneously, barbarian invasions, particularly by the Goths and the Huns, weakened the Western Roman Empire, which collapsed in 476 CE. In contrast, the Eastern Roman Empire endured, evolving into the Byzantine Empire and laying the foundations for medieval Europe. This article ends with the Arab conquest of Egypt in 641 CE and the beginning of the Byzantine Dark Ages. Evidence Histories In comparison with previous periods, studies on Later Roman history are based on diverse but mainly biased wr ...
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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 transitioned into the Renaissance and the Age of Discovery. The Middle Ages is the middle period of the three traditional divisions of Western history: classical antiquity, the medieval period, and the modern period. The medieval period is itself subdivided into the Early, High, and Late Middle Ages. Population decline, counterurbanisation, the collapse of centralised authority, invasions, and mass migrations of tribes, which had begun in late antiquity, continued into the Early Middle Ages. The large-scale movements of the Migration Period, including various Germanic peoples, formed new kingdoms in what remained of the Western Roman Empire. In the 7th century, North Africa and the Middle East—once part of the Byzantine Empire ...
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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 allegiance, services 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 existed a standard feudal system, nor did there exist only 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 land () f ...
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Merovingian
The Merovingian dynasty () was the ruling family of the Franks from around the middle of the 5th century until Pepin the Short in 751. They first appear as "Kings of the Franks" in the Roman army of northern Gaul. By 509 they had united all the Franks and northern Gallo-Romans under their rule. They conquered most of Gaul, defeating the Visigoths (507) and the Burgundians (534), and also extended their rule into Raetia (537). In Germania, the Alemanni, Bavarii and Saxons accepted their lordship. The Merovingian realm was the largest and most powerful of the states of western Europe following the breakup of the empire of Theodoric the Great. The dynastic name, medieval Latin or ("sons of Merovech"), derives from an unattested Frankish language, Frankish form, akin to the attested Old English , with the final -''ing'' being a typical Germanic languages, Germanic patronymic suffix. The name derives from Salian Franks, Salian King Merovech, who is at the center of many legends. Unl ...
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Benefice
A benefice () or living is a reward received in exchange for services rendered and as a retainer for future services. The Roman Empire used the Latin term as a benefit to an individual from the Empire for services rendered. Its use was adopted by the Western Church in the Carolingian era as a benefit bestowed by the crown or church officials. A benefice specifically from a church is called a precaria (pl. ''precariae''), such as a stipend, and one from a monarch or nobleman is usually called a fief. A benefice is distinct from an allod, in that an allod is property owned outright, not bestowed by a higher authority. Catholic Church Roman imperial origins In ancient Rome a ''benefice'' was a gift of land ( precaria) for life as a reward for services rendered, originally, to the state. The word comes from the Latin noun ''beneficium'', meaning "benefit". Carolingian era In the 8th century, using their position as Mayor of the Palace, Charles Martel, Carloman I and Pepin ...
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Justinian
Justinian I (, ; 48214 November 565), also known as Justinian the Great, was Roman emperor from 527 to 565. His reign was marked by the ambitious but only partly realized ''renovatio imperii'', or "restoration of the Empire". This ambition was expressed by the partial recovery of the territories of the defunct Western Roman Empire. His general, Belisarius, swiftly conquered the Vandal Kingdom in North Africa. Subsequently, Belisarius, Narses, and other generals Gothic War (535–554), conquered the Ostrogothic Kingdom, restoring Dalmatia, Sicily, Italian peninsula, Italy, and Rome to the empire after more than half a century of rule by the Ostrogoths. The Liberius (praetorian prefect), praetorian prefect Liberius reclaimed the south of the Iberian Peninsula, establishing the province of Spania. These campaigns re-established Roman control over the western Mediterranean, increasing the Empire's annual revenue by over a million ''solidi''. During his reign, Justinian also subdued ...
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Visigothic Spain
The Visigothic Kingdom, Visigothic Spain or Kingdom of the Goths () was a Barbarian kingdoms, barbarian kingdom that occupied what is now southwestern France and the Iberian Peninsula from the 5th to the 8th centuries. One of the Germanic peoples, Germanic successor states to the Western Roman Empire, it was originally created by the settlement of the Visigoths under King Wallia in the province of Gallia Aquitania in southwest Gaul by the Roman government and then extended by conquest over all of Hispania. The Kingdom maintained independence from the Eastern Roman or Byzantine Empire, whose attempts to re-establish Roman authority in Hispania were only partially successful and short-lived. The Visigoths were Romanization (cultural), romanized central Europeans who had moved west from the Danube, Danube Valley. They became foederati of Rome, and sought to restore the Roman order against the hordes of Vandals, Alans and Suebi. The Fall of the Western Roman Empire, Western Roman Emp ...
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Feudalism
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 structuring society around relationships derived from the holding of land in exchange for service or labour. The classic definition, by François Louis Ganshof (1944),François Louis Ganshof (1944). ''Qu'est-ce que la féodalité''. Translated into English by Philip Grierson as ''Feudalism'', with a foreword by F. M. Stenton, 1st ed.: New York and London, 1952; 2nd ed: 1961; 3rd ed.: 1976. describes a set of reciprocal legal and Medieval warfare, military obligations of the warrior nobility and revolved around the key concepts of lords, vassals, and fiefs. A broader definition, as described by Marc Bloch (1939), includes not only the obligations of the warrior nobility but the obligations of all three estates of the realm: the nobility, the cl ...
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Usufruct
Usufruct () is a limited real right (or ''in rem'' right) found in civil law and mixed jurisdictions that unites the two property interests of ''usus'' and ''fructus'': * ''Usus'' (''use'', as in usage of or access to) is the right to use or enjoy a thing possessed, directly and without altering it. * '' Fructus'' (''fruit'', as in the fruits of production) is the right to derive profit from a thing possessed: for instance, by selling crops, leasing immovables or annexed movables, taxing for entry, and so on. A usufruct is either granted in severalty or held in common ownership, as long as the property is not damaged or destroyed. The third civilian property interest is ''abusus'' (literally ''abuse''), the right to alienate the thing possessed, either by consuming or destroying it (e.g., for profit), or by transferring it to someone else (e.g., sale, exchange, gift). Someone enjoying all three rights has full ownership. Generally, a usufruct is a system in which a person or ...
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Giles Constable
Giles Constable (1 June 1929 – 17 January 2021) was an English historian of the Middle Ages. Constable was mainly interested in the religion and culture of the 11th and 12th centuries, in particular the abbey of Cluny and its abbot Peter the Venerable. Early life and education Constable was born in London, England, the son of the art historian William George Constable and Olivia Roberts. He received his A.B. at Harvard University in 1950 and his Ph.D. at the same school in 1957. Career Constable taught at the University of Iowa from 1955 to 1958 and at Harvard University from 1958 to 1984. He was the Henry Charles Lea-Professor of Medieval History at Harvard University from 1966 to 1977. From 1977 to 1984 he was Director of the Dumbarton Oaks Research Library. He joined the faculty of the Institute for Advanced Study as a Medieval History Professor in the School of Historical Studies in 1985 and became professor emeritus in 2003. A vigorous explorer of medieval religi ...
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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 o ...
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