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Mesne lord

From Wikipedia, the free encyclopedia
Type of lord in the feudal system
Feudal titles and status
Lord paramount /Territorial lord
Tenant-in-chief
Mesne lord
Lord of the manor /Overlord /Vogt /Liege lord
Esquire /Gentleman /Landed gentry
Franklin /Yeoman /Retinue
Husbandman
Free tenant
Domestic servant
Vagabond
Serf /Villein /Bordar /Cottar
Slave

Amesne lord (/mn/[1]) was alord in thefeudal system who hadvassals who held land from him, but who was himself the vassal of a higher lord. Owing toQuia Emptores, the concept of a mesne lordship technically still exists today: the partitioning of the lord of the manor's estate among co-heirs creating the mesne lordships.[2][3][4]

In an Englishcourt of law in 1863 it was claimed that "the lord of the mesne manor pays a rent to a superior lord and that rent empowers him to receive chief rents from certain farms".[5]

A mesne lord did not hold land directly of theking, that is to say he was not atenant-in-chief. Hissubinfeudated estate was called a "mesne estate" orAfterlehen in theHoly Roman Empire. Traditionally, he is alord of the manor who holds land from a superior lord and who usually lets some of the land to a tenant. He was thus an intermediate or "middle" tenant, which status is reflected in theOld French wordmesne, in the modernFrench languagemoyen.[6][7]

The mesne lordship ofPotter Newton was probably held in 1166 by Herbert de Arches. Mesne lords continued to exist after the abolition of any furthersubinfeudation by the statute ofQuia Emptores (1290). However, with time and the loss of records (except in the case of formercopyhold land), it came to be assumed that most land was held directly of theCrown.[8][9][10]

The title of a mesne lord remained a legal entity throughout the 19th century; in 1815,Encyclopaedia Londinensis records that a "Lord mesne is the owner of a manor and by virtue thereof hath tenants holding of him in fee, and by copy of court roll; and yet holds himself of a superior lord calledLord Paramount".[11][12] However,escheat in want of heirs to mesne lords was abolished by theAdministration of Estates Act 1925.[13]

See also

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References

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  1. ^"mesne".Oxford English Dictionary third edition. Oxford University Press. September 2001. Retrieved13 January 2019.
  2. ^Pickering, W. (1870)."Archaeologia Cambrensis". W. Pickering, 1870. p. 13. Retrieved2 May 2018.The Normans...created sub or mesne manors, corresponding to their new partition of the estates.
  3. ^Megarry, R. (2012).The Law of Real Property. Sweet & Maxwell, 2012. p. 29.ISBN 9780414045965. Retrieved1 May 2016.
  4. ^Hicks, M. (2012).The Fifteenth-century Inquisitions Post Mortem: A Companion. Boydell Press - 2012. p. 14.ISBN 9781843837121. Retrieved3 May 2018....land was held of tenants-in-chiefs and mesne lords...Also significant was the partition of estates among co-heirs...
  5. ^Duke of Beaufort, Henry Charles Fitzroy Somerset (1863).In the Common Pleas His Grace the Duke of Beaufort Against John Crawshay Bailey and Others. Watkins, Hooper, Baylis, and Baker. p. 57.
  6. ^Sir William Searle (2002).An historical introduction to the land law page 105 & page 106.ISBN 9781584772620.
  7. ^"Mesne lord". Oxford University Press. Retrieved13 January 2019.Mesne lord - A lord in the middle of the feudal hierarchy, i.e. a lord of a manor who held land from a superior lord and who let the land to a tenant.
  8. ^Megarry, Wade and Harpum (2012),The Law of Real Property (8th Edition), 2-018 (p.29)
  9. ^Does feudalism have a role in 21st century land law? (Charles Harpum)
  10. ^Faull, M. (1981).West Yorkshire : an Archaeological Survey to A.D. 1500: The administrative and tenurial framework. West Yorkshire Metropolitan County Council, 1981.ISBN 9780861810017. Retrieved13 January 2019.Potter Newton. Map 19 shows the whole of Gipton as forming part of the manor of Kippax, but this may be an ... Potter Newton The mesne lordship of Potter Newton was probably held in 1166 by Herbert de Arches, who held two knights' fees....
  11. ^Wilkes, J. (1815)."Encyclopaedia Londinensis, Volume 13". J. Wilkes, 1815. p. 661. Retrieved15 January 2019.Chapter - LORD:Lord is also a title......Lord mesne is the owner of a manor and by virtue thereof hath tenants holding of him in fee, and by copy of court roll; and yet holds himself of a superior lord called Lord Paramount.
  12. ^The Jurist, Volume 10, Part 1. S Sweet, 1865. 1865. pp. 893–895. Retrieved13 January 2019.
  13. ^Administration of Estates Act 1925 s. 45(1)(d)
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