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TENURE (Fr. tenure, from See also: law, the holding or possession of See also: land
.
The holding of land in See also: England was originally either allodial or feudal
.
Allodial land was land held not of a See also: superior See also: lord, but of the See also: king and
See also: 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 See also: leader but not the owner, and was no doubt strengthened by the temporary and partial occupation by the See also: Romans
.
Their withdrawal, followed by the Saxon invasion, tended, without doubt, to re-establish the principle of See also: common See also: village ownership which formed the basis of both See also: Celtic and See also: German tenure
.
In the later Saxon See also: 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 See also: time on the continent of See also: Europe, and it received a See also: great impetus from the Norman See also: conquest
.
When See also: English law began to See also: settle down into a See also: system, the principle of feudalism was taken as the basis, and it gradually became the undisputed See also: maxim of English law that the See also: sovereign was the supreme lord of all the land and that every one held under him as See also: tenant, that there was no such thing as an absolute private right of See also: property in land, but that the See also: 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 See also: free and non-free
.
Free tenures were frankalmoign, knight service, See also: serjeanty and free See also: socage
.
These tenures are dealt with under their See also: separate headings
.
See also: Base or non-free tenure was tenure in villenage (q.v.) and See also: copyhold (q.v.), and see also See also: MANOR
.
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