Feoffment in the context of Brunswick–Lüneburg


Feoffment in the context of Brunswick–Lüneburg

⭐ Core Definition: Feoffment

In the Middle Ages, especially under the European feudal system, feoffment /ˈfɛfmənt/ or enfeoffment was the deed by which a person was given land in exchange for a pledge of service. This mechanism was later used to avoid restrictions on the passage of title in land by a system in which a landowner would give land to one person for the use of another. The common law of estates in land grew from this concept.

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Feoffment in the context of Fengjian

Fengjian, literally "demarcation and establishment" but often (controversially) described as Chinese feudalism, was a governance system and political thought in Ancient China and Imperial China, whose social structure formed a decentralized system of confederation-like government. The ruling class consisted of the Son of Heaven (king or emperor) and aristocracy, and the lower class consisted of commoners categorized into four occupations (or "four categories of the people", namely scholar-officials, peasants, laborers and merchants). Elite bonds through affinal relations and submission to the overlordship of the king date back to the Shang dynasty, but it was the Western Zhou dynasty who enfeoffed their clan relatives and fellow warriors as vassals. Through the fengjian system, the king would allocate an area of land to a noble, establishing him as the ruler of that region and allowing his title and fief to be legitimately inherited by his descendants. This created large numbers of local autonomous dynastic domains.

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Feoffment in the context of Brunswick-Lüneburg

The Duchy of Brunswick and Lüneburg (German: Herzogtum Braunschweig und Lüneburg), commonly known as the Duchy of Brunswick-Lüneburg or Brunswick-Lüneburg, was an imperial principality of the Holy Roman Empire in the territory of present day Lower Saxony.

In 1235, Otto I was enfeoffed with the newly founded Duchy of Brunswick-Lüneburg at the Court of Mainz. It was based on the two castles in Brunswick and Lüneburg and the associated estate of the House of Welf. In 1269 there was a first division between the brothers Albrecht and Johann. The resulting principalities of Brunswick and Lüneburg together continued to form the Duchy of Brunswick-Lüneburg.

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Feoffment in the context of Papal fief

In the feudal system of the European Middle Ages, an ecclesiastical fief, held from the Catholic Church, followed all the laws laid down for temporal fiefs. The suzerain, e.g. bishop, abbot, or other possessor, granted an estate in perpetuity to a person, who thereby became his vassal.

As such, the grantee at his enfeoffment did homage to his overlord, took an oath of fealty, and made offering of the prescribed money or other object, by reason of which he held his fief. These requirements had to be repeated as often as there was a change in the person of the suzerain or vassal. These fiefs were granted by churchmen to princes, barons, knights, and others, who thereupon assumed the obligation of protecting the church and domains of the overlord.

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Feoffment in the context of Manorial court

The manorial courts were the lowest courts of law in England during the feudal period. They had a civil jurisdiction limited both in subject matter and territory. They dealt with matters over which the lord of the manor had jurisdiction, primarily torts, local contracts and land tenure, and their powers only extended to those who lived within the lands of the manor: the demesne and such lands as the lord had enfeoffed to others, and to those who held land therein. Historians have divided manorial courts into those that were primarily seignorial – based on feudal responsibilities – and those based on separate delegation of authority from the monarch. There were three types of manorial court: the court of the honour; the court baron; and the court customary, also known as the halmote court.

Each manor had its own laws promulgated in a document called the custumal, and anyone in breach of those laws could be tried in a manorial court. The earlier Anglo-Saxon method of trial by ordeal or of compurgation was modified by the Normans into trial by a jury made up of 12 local freemen. The lord or his steward would be the chairman, whilst the parish clerk would write the record on the manorial rolls.

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Feoffment in the context of Use (law)

Use, as a term in the property law of common law countries, amounts to a recognition of the duty of a person to whom property has been conveyed for certain purposes, to carry out those purposes. In this context "use" is equivalent to "benefit".

Uses were equitable or beneficial interests in land. In early law a property owner could not dispose of his estate by will nor could religious houses acquire it. As a method of avoiding certain common law rules, the practice arose of making feoffments to the use of, or upon trust for, persons other than those to whom the seisin or legal possession was delivered, to which the equitable jurisdiction of the chancellor gave effect. The Statute of Uses was passed in 1536 in an attempt to remedy the abuses which it was said were occasioned by this evasion of the law. However, the Statute failed to accomplish its purpose.

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