Legal Definitions - procurationes ad resignandum in favorem

Procurationes ad resignandum in favorem is a historical legal term originating from feudal law. It refers to a formal act or document (a "procuratory") by which a vassal, who held land from a superior lord, would formally surrender or "resign" their rights to that property *back to their lord*. This resignation was not intended to permanently give up the property to the lord, but was a necessary procedural step *taken specifically to enable* the lord to then immediately grant those same property rights to a new person (the "disponee") chosen by the original vassal. Essentially, it was a required intermediary step to facilitate the transfer of feudal property from one vassal to another, ensuring the superior lord's authority and involvement in the process.

• Example 1: Feudal Land Transfer

  Imagine Sir Alaric, a vassal, holds a manor from his liege lord, Baron Von Eldrin. Sir Alaric wishes to transfer his rights to this manor to his cousin, Lady Isolde. Under the feudal system, Sir Alaric cannot simply hand the manor over to Lady Isolde directly. Instead, he must execute a "procurationes ad resignandum in favorem," formally resigning his rights to the manor *back to Baron Von Eldrin*. This act signals to the Baron that Sir Alaric is relinquishing his tenancy, but crucially, it is done in favor of Lady Isolde, meaning the Baron is expected to immediately accept Lady Isolde as the new vassal for that manor.

  This illustrates the term because Sir Alaric's formal resignation to his lord is a mandatory, procedural step that clears the way for the lord to then grant the property to Lady Isolde, the designated new owner.

• Example 2: Transfer of a Regulated License

  Consider a modern, highly regulated industry, such as commercial fishing, where licenses are limited and controlled by a government agency. Mr. Rodriguez owns a valuable fishing quota license and wants to sell his fishing business, including the license, to Ms. Kim. The regulatory agency does not permit a direct transfer of the license from Mr. Rodriguez to Ms. Kim. Instead, Mr. Rodriguez must formally "surrender" or "resign" his license *back to the government agency*. This surrender is understood to be *in favor of* Ms. Kim, meaning the agency will then issue a new license to her, completing the transfer.

  Although not feudal, this scenario mirrors the concept of "procurationes ad resignandum in favorem." Mr. Rodriguez's formal relinquishment of his right (the fishing license) to the superior authority (the government agency) is a required step that enables the authority to then grant that right to the new party (Ms. Kim) he designated.

• Example 3: Succession in a Hereditary Office

  In a historical context, consider a hereditary office, such as a ceremonial position within a guild or a minor noble title, which requires the approval of a higher authority for succession. Lord Beaumont holds such an office and wishes for his eldest son, Arthur, to succeed him. The rules dictate that Lord Beaumont cannot simply appoint Arthur. He must first formally "resign" his office *to the sovereign or the guild master*. This resignation is explicitly made *in favor of* Arthur, prompting the sovereign or guild master to then formally invest Arthur with the office.

  Here, Lord Beaumont's resignation to the higher authority acts as the "procurationes ad resignandum in favorem." It is a formal relinquishment of his right (the office) to the superior body, performed specifically to facilitate the appointment of his chosen successor, Arthur.