Online Encyclopedia

TENURE (Fr. tenure, from Lat. tenere,...

Online Encyclopedia
Originally appearing in Volume V26, Page 636 of the 1911 Encyclopedia Britannica.
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TENURE (Fr. tenure, from
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Lat. tenere, to hold)
  , in law, the holding or possession of
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land . The holding of land in England was originally either allodial or feudal . Allodial land was land held not of a
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superior lord, but of the king and
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people . Such ownership was absolute . It possibly took its origin from the view that the land was the possession of the clan; that the chief was the leader but not the owner, and was no doubt strengthened by the temporary and partial occupation by the Romans . Their withdrawal, followed by the Saxon invasion, tended, without doubt, to re-establish the principle of
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common
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village ownership which formed the basis of both
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Celtic and German tenure . In the later Saxon period, however, private ownership became gradually more extended . Then the feudal idea began to make progress in England, much as it did about the same time on the continent of
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Europe, and it received a
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great impetus from the Norman
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conquest . When
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English law began to settle down into a
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system, the principle of feudalism was taken as the basis, and it gradually became the undisputed maxim of English law that the
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sovereign was the supreme lord of all the land and that every one held under him as tenant, that there was no such thing as an absolute private right of
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property in land, but that the state alone as personified by the sovereign was vested with that right, and conceded to the individual possessor only a strictly defined subordinate right, subject to conditions from time to time enacted by the community (see also FEUDALISM) . Feudal tenure was divided into
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free and non-free . Free tenures were frankalmoign, knight service,
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serjeanty and free
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socage . These tenures are dealt with under their
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separate headings .

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Base or non-free tenure was tenure in villenage (q.v.) and
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copyhold (q.v.), and see also
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MANOR .

End of Article: TENURE (Fr. tenure, from Lat. tenere, to hold)
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