Subinfeudation is spelled /sʌbɪnˌfjuːdeɪʃən/. The word comes from the Middle Latin term "subinfeudare," which means to grant land rights to others beneath the primary feudal lord. In the English legal system, subinfeudation was a common practice until the Statute of Quia Emptores in 1290. This statute abolished subinfeudation as it made it illegal to grant land rights to tenants. Today, subinfeudation continues to have a historical significance and is studied in legal history and property law courses.
Subinfeudation refers to the practice of granting or leasing out a portion of land that is already held as a feudal tenure. It was a common practice in medieval Europe, where a feudal lord would allocate smaller parcels of his land to subtenants known as subinfeudates or mesne lords.
The process of subinfeudation involved dividing the original feudal tenure into smaller estates, which were then granted to subtenants in exchange for specific services. These services could include military assistance, agricultural labor, or monetary payments. In turn, the subinfeudates would subdivide their land and grant further subordinate tenures, creating a hierarchical system of tenants within the feudal structure.
This practice allowed feudal lords to effectively manage and exploit their lands, while also establishing a network of loyal vassals who owed allegiance and provided support. The subtenants, or mesne lords, became obligated to their immediate lord while maintaining their own rights and obligations towards their subtenants.
Over time, the system of subinfeudation became complex and inefficient, adding layers of intermediary tenures that diffused the control and authority of the feudal lord. This led to the erosion of the centralized power of feudal lords and was a contributing factor to the decline of feudalism itself.
During the 17th and 18th centuries, subinfeudation was gradually abolished in many European countries, as the concept of absolute property ownership replaced the feudal system. However, remnants of subinfeudation can still be found in some legal systems and cultural practices today.
The word "subinfeudation" is derived from two Latin roots: "sub" meaning under, and "infeudare" meaning to invest with a feudal estate. In medieval feudalism, subinfeudation referred to the practice of a tenant or vassal further dividing their land or rights and granting them to subtenants or subvassals. This term was commonly used in medieval England to describe the proliferation of smaller feudal holdings within a lord's broader estate.