c. 1. § 87. tained by the lord for his own use; and from which the other parts of the land were dismembered. The freehold of these is vested in the lord; and they were formerly cultivated by his villeins, for the maintenance of his family. The services were the returns due from the persons to whom the lord had granted the freehold of the rest of the lands, to hold of him as of his manor. These consisted of military and other services, rents, fealty, and suit of court: together with the usual profits arising from reliefs, fines for alienation, and other feudal incidents. The uncultivated part of the manor was called the lord's waste, which served for public roads, and common of pasture for the lord's cattle, and those of his tenants. 35. There was another circumstance essentially necessary to a manor, namely, a jurisdiction over the tenants, which arose in the following way: It has been stated that where lands were granted to a person as a feud, a jurisdiction over the inferior tenants or occupiers of them was always included. In conformity to this practice, it is probable that in all the grants of land made by the Conqueror and his sons, a jurisdiction was given; for it appears from Dugdale's Monasticon, that in almost all the charters of lands granted by the crown to the abbies, a civil and criminal jurisdiction was expressly granted. And we know that from time immemorial every lord of a manor has exercised a jurisdiction over his tenants, 1 Inst. 58. b. and held a court for that purpose; a franchise which must have been originally derived from the crown. Glass. 36. Manerium (says Spelman) est feudum nobile, partim vassallis, quos tenentes vocamus, ob certa servitia concessum; partim domino in usum familiæ suæ ; cum jurisdictione in vassallos, ob concessa prædia, reservatum. Quæ vassallis conceduntur, terras dicimus tenementales; quæ domino reservantur, dominicales. Totum vero feudum dominium appellatur. Olim baronia, unde curia quæ huic præest jurisdictioni, hodie curia baronis, nomen retinet. Gloss. 37. Every estate of this kind had a chief seat, or capital mansion upon it, as of which the lands granted out to the tenants were held; and being the residence of the lord, it was called in old French ma- Ragneau noir, a manendo; from whence the whole acquired the name of manor. It is also called, and with more propriety, a lordship; being a feudal seignory or dominium annexed to the possession of the demesnes, over the tenants holding lands by a subinfeudation from the antient proprietors of such demesnes, by certain services; with a jurisdiction over those persons. And Lord Coke says-" A manor in these days Cop. § 31. signifieth the jurisdiction and royalty incorporate, Tanfield v. Rogers, Tit. 28. c. 1. rather than the land or scite." Baron. 38. It appears from Spelman's description of a Of Courts manor that it was formerly called a barony; and the court in which the lord exercised his jurisdiction, the court baron. Lord Coke, after stating that a manor consists of Copyholder, § 31. demesnes and services, proceeds thus-"A word of another cause of a manor, which appeareth not in the definition so manifestly as the other causes do. This is a cause which among the logicians is termed causa sine qua non; and that is a court baron; for indeed that is the chief prop and pillar of a manor, which no sooner faileth, but the manor falleth to the ground. If we labour to search out the antiquity of these courts baron, we shall find them as antient as manors themselves. For when the antient kings of this realm, who had all the lands of England in demesne, did confer great quantities of land upon some VOL. I. E 2 Inst. 31. 4 Inst. 46. 268. § 130. 4Inst. c.57. Superior and inferior Manors. 212 a. great personages, with liberty to parcel the land out to other inferior tenants, reserving such duties and services as they thought convenient; and to keep courts where they might redress misdemeanors within their precincts, punish offences committed by their tenants; and decide and debate controversies arising within their jurisdiction: these courts were termed courts baron." 39. A court baron is incident of common right to every manor. It is composed of the steward and the freeholders, who hold their lands of the manor, subject to fealty and suit of court; they are therefore bound by their tenure to attend the court baron, and assist the steward in the administration of justice. And all lords of manors may call upon their tenants to take the oath of fealty to them in their courts baron; which every lord ought to do, if it be only for the reason given by Littleton, that when neglected, it will by long continuance of time grow out of memory, whether the land be holden of the lord or not; by which he may lose his seignory, and all the profits that may accrue to him in consequence thereof. 40. Courts baron have still the power of determining, by writ of right, all controversies relating to lands within the manor; and also to hold pleas of any personal actions of debt, trespass on the case, or the like, where the debt and damages do not amount to forty shillings. 41. The persons who held of the king's immediate tenants granted out portions of their lands to be held of themselves; by which they created manors of an inferior kind, of which they were immediate lords, and the king's tenants lords paramount. Thus Bracton says-Poterit enim esse per se manerium capitale, et plura continere sub se maneria non capitalia, et plures villas, et plures hamlettos, quasi sub uno capite, et dominio uno. 42. These great manors, of which inferior manors were held, are frequently called honors. Lord Coke 1 Inst. 108 a. says, an honor is the most noble seignory, and originally created by the king, but may afterwards be granted to others. 43. The practice of creating manors or tenancies in gross was effectually prevented by the statute Quia Emptores, and the statute 34 Edw. III., which have Ante, c. 2. been already stated. It is therefore said, that all §14. manors existing at this day must have been created before these statutes were made. For it is essential to a manor that there be tenants to hold of the lord; and no person since these statutes could, upon a grant of an estate in fee-simple, create a tenure of himself. Co. Cop. 44. Lord Coke says, the king himself cannot now Cop. § 31. create a manor." If the king at this day will grant a great quantity of land to any subject, enjoining him to certain duties and services, and withal willeth that this should bear the name of a manor, yet it will not be a manor, in the estimation of the law." stroyed. 45. As the material causes of a manor are demesnes How Manors and services, both of which are essential to its exist- are deence, because a manor must have a lord and vassals; it follows that whenever the demesnes are severed from the services, by the act of the party, the manor is destroyed. Thus it was resolved in Sir Moyle 6 Rep. 64. Finch's case, that where the demesnes of a manor are once absolutely severed, in fee-simple, from the services, by the act of the party; the manor is for ever destroyed. 46. Where the severance is by act of law, the manor may be revived. Thus in the above-mentioned 5 Mod. R. 382. Co. Cop- 6 Mod. R. 150. Bro. Ab. Willes R. case it was agreed, that if there were two coparceners of a manor, and on a partition the demesnes were allotted to one, and the services to the other; although there was an absolute severance, yet if one died without issue, and the demesnes descended to her who had the services, the manor was revived: because on the partition they were in by act of law; and the demesnes were again united to the services by act of law. 47. Where two coparceners make partition, and of the demesnes and services are allotted to one, part and the remainder to the other; it is said that each coparcener will have a manor. In a subsequent case the Court of King's Bench held that a manor was an entire thing, and not severable. 48. Where all the freehold estates held of a manor are purchased by the lord, or devolve to him by escheat, whereby the services become extinct, and there are no tenants left, the manor is for ever destroyed. For there cannot be a manor without a court baron; and no court baron can be without two suitors at least. 49. Although many manors have been destroyed by the means above mentioned, yet they continue to be called manors; and for some purposes are still considered as such; though strictly speaking they 10 East, 259. are no more than reputed manors *. Soane v. Tenure in 50. It has been stated that the great division of tenures originally was, into those that were free, and those that were base; or, as Bracton expresses it, into franktenement and villenage. The tenure in villenage arose in the following manner: under the Saxons The rights and franchises annexed to manors will be treated of in Title 27. |