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Encyclopedia Britannica



TENURE (Fr. tenure, from Lat. tenere, to hold)

This article appears in Volume V26, Page 636 of the Encyclopedia Britannica.

Encyclopedia Britannica - Main :: TAV-THE
TENURE (Fr. tenure, from Lat. tenere, to hold) , in law, the holding or possession of land. The holding of land in England was originally either allodial or feudal. Allodial land was land held not of a superior lord, but of the king and 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 common
village
  ownership which formed the basis of both 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 Europe, and it received a
great
  impetus from the Norman conquest. When English law began to settle down into a system, the principle of feudalism was taken as the basis, and it gradually became the undisputed
maxim
  of English law that the 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 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 free and non-free. Free tenures were frankalmoign, knight service,
serjeanty
  and free socage. These tenures are dealt with under their
separate
  headings. Base or non-free tenure was tenure in
villenage
  (q.v.) and copyhold (q.v.), and see also MANOR.


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