Restraint of Subinfeudation Act 1290

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Restraint of Subinfeudation Act 1290
The Restraint of Subinfeudation Act 1290 was passed by Edward I to prevent tenants from transfering their holdings to subtenants.

Forasmuch as purchasers of lands and tenements of the fees of magnates and others, have many times previously entered into their fees to the prejudice of the same (lords) since to them (the purchasers) the free tenants of these same magnates and others have sold their lands and tenements to be held in fee for themselves and their heirs from the subinfeudators and not from the lords in chief of the fees, whereby the same lords in chief have often lost the escheats, marriages and wardships of lands and tenements belonging to their fees, which thing indeed seemed very hard and extreme to the magnates and other lords, and moreover, in this case, manifest disinheritance; the lord king in his parliament at Westminster after Easter in the 18th year of his reign, viz., in the Quinzime of St. John the Baptist, at the instance of his magnates, did grant, provide and decree that henceforth it shall be lawful for any free man to sell at will his lands or tenements or a part of them; in such manner, however, that the infeudated person shall hold that land or tenement from the same lord in chief and by the same services and customs by which his infeudator previously held them. And if he shall have sold to any one any part of those his lands or tenements, the infeudated person shall hold that (part) directly of the lord in chief, and shall straightway be charged with as much service as pertains or ought to pertain to that lord for that parcel, according to the quantity of the land or tenement sold; and so in this case there shall fall away from the lord in chief that part of the service which is to be performed by the hand of the infeudator, from the time when the infeudated person ought to be attendant and answerable to that same lord in chief, according to the quantity of the land or tenement sold, for that parcel of service thus due. And it must be known that by the said sales or purchases of lands or tenements, or any part of them, those lands or tenements in part or in whole, may not come into mortmain, by art or by wile, contrary to the statute recently issued on this point. And it is to be known that that statute concerning lands sold holds good only for those holding in fee simple, etc.; and that it extends to future time; and it shall begin to take effect at the feast of St. Andrew next coming.


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