Legal Definitions - ligia et non ligia

ligia et non ligia is a historical legal term from Scots law that distinguishes between two fundamental types of land ownership, or "fees," within the feudal system. It clarifies who granted the land and, consequently, to whom the landowner owed their primary loyalty and service.

• A ligia fee (also known as a "liege fee") referred to land that was held directly from the Crown, meaning the monarch. In this arrangement, the landowner's allegiance and obligations, such as military service or taxes, were owed straight to the king or queen.
• A non ligia fee (or "nonliege fee") referred to land that was held from a vassal of the Crown. A vassal was a powerful lord (like a duke, earl, or baron) who himself held land directly from the Crown. In such cases, the landowner's loyalty and duties were owed to that intermediate lord, rather than directly to the monarch.

This distinction was crucial for understanding the hierarchical structure of land tenure, allegiances, and responsibilities in medieval Scotland.

Examples:

• Direct Royal Grant: Imagine King David II of Scotland, recognizing the bravery of a knight named Sir Ewan during a border skirmish, grants him a substantial estate in the Scottish Lowlands. Sir Ewan now holds this land directly from the Crown.

  Explanation: This scenario illustrates a ligia fee because Sir Ewan's land tenure and his primary loyalty are directly tied to the monarch, King David II.

• Grant from a Powerful Earl: Centuries later, the Earl of Ross, who holds vast territories directly from the Scottish Crown, decides to grant a smaller portion of his own lands to a local clan chief, Clan Munro, in exchange for military support and annual tribute. Clan Munro now holds their land from the Earl of Ross.

  Explanation: This would be a non ligia fee. Clan Munro holds their land from the Earl of Ross, who is a vassal of the Crown, rather than directly from the monarch. Their immediate obligations are to the Earl.

• Baron's Grant to a Lesser Knight: The King grants a large barony to Lord Graham. Lord Graham, in turn, grants a strategic tower and surrounding farmlands within his barony to a loyal knight, Sir Kenneth, in exchange for Sir Kenneth's service as a castle warden and a portion of the farm's produce.

  Explanation: Sir Kenneth's holding is a non ligia fee. While the ultimate authority rests with the Crown, Sir Kenneth's direct lord and the source of his land tenure is Lord Graham, who is a vassal of the Crown, not the monarch directly. Lord Graham himself would hold a ligia fee from the King.