Legal Definitions - per quae servitia

Per quae servitia was a historical legal action in English common law, used by a new owner of a landed estate to legally compel the existing tenants of that estate to acknowledge them as their new landlord. Essentially, it was a way for the new owner (the grantee) to force tenants, who previously owed rent or services to the former owner (the grantor), to 'attorn' – meaning to formally recognize and transfer their allegiance and obligations to the new owner. This action was abolished in the 19th century as property laws evolved.

Here are some examples illustrating how per quae servitia would have applied historically:

• Example 1: Sale of a Manor
  Imagine Lord Ashworth decides to sell his vast manor, including all its tenant farms and cottages, to Sir Reginald. As the new owner, Sir Reginald (the grantee) would have historically initiated a per quae servitia action. This legal process would compel the tenant farmers and villagers, who previously paid their rents and rendered services to Lord Ashworth, to formally acknowledge Sir Reginald as their new landlord and direct their obligations to him. Without this action, tenants might resist acknowledging the new owner, creating confusion and disrupting the estate's income.
• Example 2: Inheritance of an Estate
  Upon the death of Baron von Eldridge, his only son, Arthur, inherits his father's extensive lands and the numerous villagers who live and work on them. In this scenario, Arthur, as the new lord and inheritor of the estate, would have historically initiated a per quae servitia action. This legal process would compel the villagers and tenant farmers, who previously owed fealty and services to Baron von Eldridge, to formally acknowledge Arthur as their new liege lord and direct their rents, labor, and other customary duties to him.
• Example 3: Royal Grant of Land
  Consider a medieval king, as a reward for loyal service, granting a specific barony, complete with its existing serfs and free tenants, to one of his knights, Sir Gareth. Sir Gareth, the new lord of the barony, would have employed a per quae servitia action to legally establish his authority. This action would force the tenants and serfs, who were accustomed to providing their services and paying their dues to the previous lord of the barony (or directly to the Crown), to formally recognize Sir Gareth as their new overlord and transfer their obligations, such as agricultural labor, military service, or monetary payments, to him.