A lord paramount is a

term of art Jargon, or technical language, is the specialized terminology associated with a particular field or area of activity. Jargon is normally employed in a particular communicative context and may not be well understood outside that context. The conte ...

feudal law Feudalism, also known as the feudal system, was a combination of legal, economic, military, cultural, and political customs that flourished in medieval Europe from the 9th to 15th centuries. Broadly defined, it was a way of structuring societ ...

describing an

overlord An overlord in the English feudal system was a lord of a manor who had subinfeudated a particular manor, estate or fee, to a tenant. The tenant thenceforth owed to the overlord one of a variety of services, usually military service or ...

who holds his own

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 ...

from no superior lord. It thus describes a person who holds

allodial title Allodial title constitutes ownership of real property (land, buildings, and fixtures) that is independent of any superior landlord. Allodial title is related to the concept of land held "in allodium", or land ownership by occupancy and defense ...

, owing no

socage Socage () was one of the feudal duties and land tenure forms in the English feudal system. It eventually evolved into the freehold tenure called "free and common socage", which did not involve feudal duties. Farmers held land in exchange for ...

or feudal obligations such as

military service Military service is service by an individual or group in an army or other militia, air forces, and naval forces, whether as a chosen job (volunteer military, volunteer) or as a result of an involuntary draft (conscription). Few nations, such ...

. This was distinguished from a

mesne lord A mesne lord () was a lord in the feudal system who had vassals who held land from him, but who was himself the vassal of a higher lord. Owing to ''Quia Emptores'', the concept of a mesne lordship technically still exists today: the partitionin ...

who held his own fief from a superior.

Name

The term ''paramount'' derives from the Anglo-Norman ("up above") or ("atop the

mountain A mountain is an elevated portion of the Earth's crust, generally with steep sides that show significant exposed bedrock. Although definitions vary, a mountain may differ from a plateau in having a limited summit area, and is usually higher t ...

") and was used to indicate the lord who was the highest authority for a given location. Similar terminology was used for the

vassal A vassal or liege subject is a person regarded as having a mutual obligation to a lord or monarch, in the context of the feudal system in medieval Europe. While the subordinate party is called a vassal, the dominant party is called a suzerain ...

s of mesne lords, who were considered "paravail" from ("in the

valley A valley is an elongated low area often running between hills or mountains and typically containing a river or stream running from one end to the other. Most valleys are formed by erosion of the land surface by rivers or streams over ...

"). This latter term, however, was confused by later lawyers with "avail" in its senses of help, assistance, and profit and was eventually applied only to the actual occupiers or

tenants A leasehold estate is an ownership of a temporary right to hold land or property in which a lessee or a tenant has rights of real property by some form of title from a lessor or landlord. Although a tenant does hold rights to real property, a lea ...

who worked the land themselves. The vassal of a lord paramount, meanwhile, was a

tenant-in-chief In medieval and early modern Europe, a tenant-in-chief (or vassal-in-chief) was a person who held his lands under various forms of feudal land tenure directly from the king or territorial prince to whom he did homage, as opposed to holding them ...

Instances

Generally speaking, under

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, ...

after the 1066

Norman Conquest The Norman Conquest (or the Conquest) was the 11th-century invasion and occupation of England by an army made up of thousands of Normans, Norman, French people, French, Flemish people, Flemish, and Bretons, Breton troops, all led by the Du ...

, only 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 ...

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, ...

queen Queen most commonly refers to: * Queen regnant, a female monarch of a kingdom * Queen consort, the wife of a reigning king * Queen (band), a British rock band Queen or QUEEN may also refer to: Monarchy * Queen dowager, the widow of a king * Q ...

was truly lord paramount in its larger sense. All other

legal title In property law, title is an intangible construct representing a bundle of rights in a piece of property in which a party may own either a legal interest or equitable interest. The rights in the bundle may be separated and held by different part ...

to land was held through them, particularly after the abolition of most unusual feudal titles and obligations under the 1660

Statute of Tenures The Tenures Abolition Act 1660 ( 12 Cha. 2. c. 24), sometimes known as the Statute of Tenures, was an act of the Parliament of England which changed the nature of several types of feudal land tenure in England. The long title of the act was '' ...

. The only major exceptioncontinuing to the present dayis the protection of the privileges of the

duke of Cornwall Duke of Cornwall () is a title in the Peerage of England, traditionally held by the eldest son of the reigning Monarchy of the United Kingdom, British monarch, previously the English monarch. The Duchy of Cornwall was the first duchy created i ...

as lord paramount over Cornish lands.. A similar situation exists regarding the

Duchy of Lancaster The Duchy of Lancaster is an estate of the British sovereign. The estate has its origins in the lands held by the medieval Dukes of Lancaster, which came under the direct control of the monarch when Henry Bolingbroke, the then duke of Lancast ...

but is purely notional, the duchy being held in permanent

personal union A personal union is a combination of two or more monarchical states that have the same monarch while their boundaries, laws, and interests remain distinct. A real union, by contrast, involves the constituent states being to some extent in ...

with the Crown. Nonetheless, the term does appear in some other contexts. The

marquess of Exeter Marquess of Exeter is a title that has been created twice, once in the peerage of England and once in the peerage of the United Kingdom. The first creation came in the peerage of England in 1525 for Henry Courtenay, 2nd Earl of Devon. For mor ...

holds the title of hereditary Lord Paramount of

Peterborough Peterborough ( ) is a City status in the United Kingdom, cathedral city in the City of Peterborough district in the Ceremonial counties of England, ceremonial county of Cambridgeshire, England. The city is north of London, on the River Nene. A ...

. The peculiar way in which the

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 ...

holding the

Lordship of Bowland The Lordship of Bowland is a manorial lordship associated with the Forest of Bowland in Lancashire, England. The lordship fell into disuse between 1885 and 2008, during which time it was widely believed to have lapsed; it was revived in 2008. ...

oversaw himselfsome of his estates notionally owing service to othershas also been described in terms of paramouncy and obligation. (The situation was rendered still more academic when it was subsumed first into the Earldom of Lancaster in 1311 and then into the

as an estate held by the

Crown A crown is a traditional form of head adornment, or hat, worn by monarchs as a symbol of their power and dignity. A crown is often, by extension, a symbol of the monarch's government or items endorsed by it. The word itself is used, parti ...

in 1351, which gave rise to the title of "Lord King of Bowland".) The title is also sometimes broadly applied to any

. The concept continued to be invoked in other

common law Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...

jurisdictions, including

New York New York most commonly refers to: * New York (state), a state in the northeastern United States * New York City, the most populous city in the United States, located in the state of New York New York may also refer to: Places United Kingdom * ...

in the 1852 case of ''De Peyster v. Michael'' and

Australia Australia, officially the Commonwealth of Australia, is a country comprising mainland Australia, the mainland of the Australia (continent), Australian continent, the island of Tasmania and list of islands of Australia, numerous smaller isl ...

in the 1992 case of '' Mabo v Queensland''. In the latter case, the High Court affirmed that

Elizabeth II Elizabeth II (Elizabeth Alexandra Mary; 21 April 19268 September 2022) was Queen of the United Kingdom and other Commonwealth realms from 6 February 1952 until Death and state funeral of Elizabeth II, her death in 2022. ...

was lord paramount over all formal

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 betw ...

in Australia while simultaneously establishing the concept of a native title over areas not explicitly legally held by others and continuously occupied by aboriginal people., pp. 5–7, 402.

Notes

References

Citations

Bibliography