In
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, ...
, seignory or seigniory, spelled ''signiory'' in
Early Modern English
Early Modern English (sometimes abbreviated EModEFor example, or EMnE) or Early New English (ENE) is the stage of the English language from the beginning of the Tudor period to the English Interregnum and Restoration, or from the transit ...
(;
; ), is the lordship (authority) remaining to a
grantor after the grant of an estate in
fee simple
In English law, a fee simple or fee simple absolute is an estate in land, a form of freehold ownership. A "fee" is a vested, inheritable, present possessory interest in land. A "fee simple" is real property held without limit of time (i.e., pe ...
.
''
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
A lord paramount is a term of art in feudal law describing an overlord who holds his own fief from no superior lord. It thus describes a person who holds allodial title, owing no socage or feudal obligations such as military service. This was d ...
. The principal incidents of a seignory were a feudal oath of
homage and
fealty
An oath of fealty, from the Latin (faithfulness), is a pledge of allegiance of one person to another.
Definition
In medieval Europe, the swearing of fealty took the form of an oath made by a vassal, or subordinate, to his lord. "Fealty" also r ...
; 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.
[
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.][
]
References
{{Reflist
See also
* Seigneurial system of New France
The manorial system of New France, known as the seigneurial system (, ), was the semi-feudal system of land tenure used in the North American French colonial empire. Economic historians have attributed the wealth gap between Quebec and other pa ...
* Signoria
* 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 ...
* 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 ...
Property law
Feudalism in England