2.10 Anglo-Saxon Law Form
Article 120 - Lend (Land)
The words Lend and Land are terms first invented by the Carolingians in the 8th Century CE under Sacré Loi (Sacred Law) to define a new concept whereby all the earth was absolutely owned by the Divine Creator, with the Catholicus Ecclesia (Catholic Church) created by the Carolingians by 741 CE as perpetual trustees of the “land”. Everyone else then only had “right of use” as tenants from the church and therefore could only ever own “lend”.
The word land is originally derived from ancient 1st Millenium BCE Irish term lann meaning “an enclosed piece of ground; a place”. The term “lann” was introduced as part of the historic 3rd Century CE law reforms of Holly (Cuilliaéan) Irish Leader Cormac Mac Art which also saw the invention of such concepts as “lease”, “terrain”, “acre” and “survey”.
Prior to the conquest of territory by the Roman Empire, the Celtic Empire was based on the concept that all earth was “owned” by the Cuilliaéan (Holly) as the Divine Messengers, or “Living Gods” with authority then passed to leaders and chiefs. In contrast, the Romans adopted a “socialist” model of ownership whereby all territory was claimed “in commune” for Rome. The Carolingian model of the 8th Century introduced a new notion by claiming a “Church” or entity, association or company of people held absolute “ownership”.
In terms of tenancy of land (lend), the Carolingians in the 8th Century CE introduced the concepts of Tenant and the Tenancy Agreement (from Latin tenere meaning to ‘hold/keep’) which meant literally “one who holds land by tenure” – with tenure meaning “an agreement for holding immovable property (tenement), equivalent to lease.”:
(i) The one who granted the tenancy was known as the “lord” or “landlord” of the tenancy; and
(ii) The one who received the tenancy was known as the “valet” or simply the tenant; and
(iii) The valet (tenant) as well as the landlord were required to formally pledge themselves to each other in accordance with the true and original sacraments of the Catholic Church through a solemn ceremony known as committo meaning literally “to join, bring together, bestow or assign”; and
(iv) The landlord was then bound as patronus and senior or “father” to the tenant to act honorably and with kindness; and
(v) The tenant was then bound as iunior or “younger” to the landlord as their “father” and patron under fidelitas or “faithfulness”.
In terms of maxims of law, the Carolingians in the 8th Century CE set in place a series of fourteen (14) key maxims by which all tenancies and land were to be honored:
(i) Tenere sequitur legem meaning "tenancy follows the law"; and
(ii) quod natum ex terra est de solum meaning "what is born from the soil is part of the land"; and
(iii) Aqua comitatur solo meaning "the water accompanies the soil"; and
(iv) Fructus pendentes pars fundi videntur meaning "Hanging fruits make part of the land"; and
(v) Ius descendit et non terra meaning "A right descends, not the land"; and
(vi) Domus sua cuique est tutissimum refugium. Every man's domicile (home) is his castle; and
(vii) Nullus tenetur cogendum domo meaning "No man is bound to be forced from his home"; and
(xi) Nemo potest esse tenes et dominus meaning "no man can be at the same time tenant and landlord of the same tenement"; and
(xiii) Iunior tenet ius equitatis meaning "(the) junior (tenant) holds the right of equite"; and
To ensure uniformity of leases and rights of use of land, the Carolingians in the 8th Century CE introduced the first hierarchy of tenancies and leases in history being:
(i) The Lords held tenancies under Carta (Charter) known as a Tenens in Capite (Tenant in Chief); and
(ii) Barons held tenancies under Lords under Carta (Charter) or Convenia (Covenant) called Tenens in Manor (Tenant in (the) Manor); and
(iii) Villages held common land (Culturae) in tenancy known as Tenens in Communis (Tenancy in Common) under Barons, while individual families may also have held land as Tenens ad vitam (Tenant for Life), Tenens ad annum (Tenant for Years) or Tenens ad voluntate (Tenant at Will).
Under the Carolingian invention of land and property law in the 8th Century CE, Tenens ad Annum (Tenant for years) was one (1) type of tenancy whereby one had temporary use and possession of lands of tenements not his own by virtue of a lease or demise granted to him by the landlord for a determined period of time, as for a year or a fixed number of years.
Under the Carolingian invention of land and property law in the 8th Century CE, Tenens ad Voluntate (Tenant at will) was one (1) type of tenancy whereby lands or tenements were let by one man to another, to have and to hold to him at the will of the lessor (landlord). These Tenants at Will were later known as “ward tenants” and then “copyhold tenants” by the start of the 18th Century CE.
The word “vassal” was never used under the original and true Sacré Loi (Sacred Law) created by the Carolingians in the 8th Century CE as this word was later introduced as part of the corruptions of feudal law of the Venetian - Magyar and Rome in the 13th Century CE.
The Carolingian system of leases and law of land largely broke down by the end of the 9th Century and beginning of the 10th Century CE to be replaced by the Venetian - Khazar and Roman system of feoudal land by the 13th Century. The word feo and udal are both Khazarian words with feo meaning “livestock, cattle and value derived from their use” and udal meaning “absolute ownership”.