subinfeudationn.
/ˌsʌbɪnfjuːˈdeɪʃn/, U.S. /ˌsəbɪnfjuˈdeɪʃən/ Feudal Law.
1. A granting of land by a feudatory to an inferior to hold on the same terms as the grantor holds it from a superior; a transfer of land by a subfeu; a piece of land granted on these terms. Also figurative.In England the system of transferring lands by this means was abolished in 1290 by the statute Quia Emptores. In Scottish Law this practice survived until the Abolition of Feudal Tenure, etc., (Scotland) Act 2000 (effective 2004), but was not usually referred to by this term; cf. subfeu n.
ΘΚΠ
society > law > transfer of property > types of transfer > [noun] > feoffment or feuing > subinfeudation > instance of
subenfeoffing1611
subinfeudation1725
society > law > legal right > right of possession or ownership > tenure of property > a legal holding > [noun] > a feudal holding or fief > subfief
under-fee1594
arrière fee1615
subfeu1681
arrière-fief1716
subinfeudation1725
sub-fief1729
rere-fief1761
1725 G. St. Amand Hist. Ess. Legislative Power Eng. iii. 131 Power the Barons exercis'd equal to any King of England..; they made Subinfeudations, which by the Feudal Law in its Purity..here none but Sovereigns could do.
1766 W. Blackstone Comm. Laws Eng. II. 257 In subinfeudations, or alienations of lands by a vasal to be holden as of himself.
1831 National Mag. 2 53 Ophaley and Geshil being that portion of her father's inheritance which was allotted to her; it was not a subinfeudation at all, but a part and parcel of the kingdom of Leinster.
1840 New Monthly Mag. 59 161 What subinfeudations of parentheses, what accumulations of paragraph upon paragraph.
1870 M. A. Lower Hist. Sussex I. 265 The manor is a sub-infeudation of Washington.
1923 Amer. Hist. Rev. 28 446 French law never imposed a limit upon the number of successive subinfeudations.
1994 P. Dalton Conquest, Anarchy & Lordship (2002) vii. 268 [A] charter, dealing with a subinfeudation, issued before 1130 by Herman and Brian the Breton.
2. The practice or system of granting land by a subinfeudation; the relation or tenure established by this system.
ΘΚΠ
society > law > transfer of property > types of transfer > [noun] > feoffment or feuing > subinfeudation
subfeudation1680
subfeuing1686
subinfeudation1729
society > law > legal right > right of possession or ownership > tenure of property > [noun] > tenure in feu > by feudatory to subtenant
subinfeudation1729
1729 M. Wright Introd. Law Tenures iii. 156 Subinfeudation (by which a new inferior Feud was carved out of the old, the old one still subsisting) was allowed by the feudal Law.
1766 W. Blackstone Comm. Laws Eng. II. 91 The superior lords..by this method of subinfeudation..lost all their feodal profits..which fell into the hands of these mesne or middle lords.
1834 G. Bancroft Hist. U.S. I. vii. 261 The power of creating manors and courts baron, and of establishing a colonial aristocracy on the system of sub-infeudation.
1874 J. T. Mowbray Anal. Conveyancing (Scotl.) Act 1874 70 Any future prohibition of subinfeudation is also declared to be incompetent.
1933 Speculum 8 88 There is even some evidence to show that the Conqueror himself supervised the process of subinfeudation.
1984 H. L. MacQueen in A. Kiralfy & H. L. MacQueen New Perspect. Sc. Legal Hist. 41 There was no Quia Emptores in Scotland and..the pivotal role of the..superior in the transfer of land, whether by succession, subinfeudation, or substitution, was, if anything, strengthened.
2001 D. Levine At Dawn of Modernity iii. 204 If subinfeudation made matters more complicated, then that was the price for rendering both territorial control and personal surveillance more effective.
This entry has been updated (OED Third Edition, June 2012; most recently modified version published online March 2022).
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n.1725