Manorial History

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In the 11th Century the land in England was held under the manorialism system however it become widespread after the invasion by William the Conqueror in 1066. Manorialism was the method of managing both land and people using a Lord to control both legal and economic power. William the Conqueror. One of his first acts after his victory he declared that all land would be administered under the manorial system and that he, would be the Lord of all the land.

 

As this was a huge area to manage he set it up similar to a modern company appointing a board of directors which were called Earls and Barons. These were appointed from the ranks of his army and the existing Saxon Earls and Barons. he, in one move had removed the management of the land over to the Earls and Barons, in return for taxes (money) and fealty (knights and soldiers mainly). The areas of land were still enormous and the Earls and Barons created Lords who would deliver their requirements to the King together with a healthy living for them.

In 1086 William I decided he needed to know what had actually happened to the land and people who he had taken control of with the taking of England. He commissioned an audit which was taken for a particular day known as Domesday. The record was called the Domesday Book. Whatever its name it was in fact a register of taxes to be paid, which is what William was interested in.

Manorialism evolved during the centuries with fealty becoming less used and almost extinct until the 14th Century. It was not actually abolished in law until the 17th Century with the Tenures Abolition Act 1660. All that remained was the paying of money to the Crown.

The last big change to manorialism was The Law of Property Acts 1922 - 1925 prepared land for it to become registered. It defined that the incorporeal hereditaments were attached to Manors (the right to be called and act as Lord and Lady, fishing rights, mineral rights, market rights and of course there were also some very strange rights that had been created over the centuries) would be treated as separate legal entities. This changed the position from one of the rights being included in a sale of the physical land to that of having to be transferred under a separate transfer deed. It was this legal change that has resulted in the majority of Lordships being owned by other individuals that the owners of the physical land.

 

In modern times the power of the Lord is not required to work a large estate because modern judicial law looks after land and people issues, What the modern World needs is a group of people that can set examples to others. The lordships of England we hope are held by people of good character and honour to meet this brief. One of the reasons to set up this Guild is co-ordinate this valuable resource.

 

Manorial court rolls

Court rolls are the records of the manorial court which provided justice on a local level, Recording the proceedings of public, franchise and manorial courts, they contain a wealth of information concerning local issues, the most significant of which are the ownership and occupation of land and the enforcement of law and order.

 

Manorial Public Courts

The county court normally sat once every four weeks under the presidency of the sheriff. Minor criminal matters like theft or petty assault which had not been dealt with by the manorial or hundred courts could be brought to the court by the plaintiff and decided there. However, the county court's civil jurisdiction was much more important. Personal actions such as debt and trespass where no force was alleged could be heard if the amount was less than 40 shillings, The hundred court usually met every three weeks under the presidency of the hundred bailiff. It was not inferior to the county court although its decisions could be reviewed by the latter. It dealt summarily with minor criminal and civil cases, batteries and brawls that did not amount to felonies, maiming of beasts, cases of trespass and debt as long as the sums involved were less than 40 shillings, breaches of contract, slander and offences against the assizes of bread, ale and measures. The twice-yearly view of frank pledge known as the sheriff's tourn was conducted by the sheriff in the hundred courts.

 

Manorial Franchise Courts

Franchise courts acquired their jurisdiction directly from a royal grant. The most common franchise was leet jurisdiction. A court with this authority became known as a court leet. A court leet exercised the peace-keeping jurisdiction of the sheriff's twice-yearly tourn of the hundred courts, taking the view of frank pledge and receiving presentments including assaults, the obstruction of highways and watercourses and breaches of assizes forbidding the fixing of the price of ale. This jurisdiction was often granted to landholders and borough authorities who valued it as an extra tool in the enforcement of law and order. Other types of franchise courts are market, (port or borough), (forests) and (woods).

 

Manorial Courts

The principal type of manorial court was the court baron, This was the court of the chief tenants of the manor. It was responsible for the internal regulation of local affairs within the manor. It was attended by all those free tenants whose attendance at court was a condition of their tenure, and by customary tenants. Customary tenants, the most significant of which were copyholders, held land by an agreement made at the manor court which was entered on its roll, a copy of which was regarded as proof of title. These courts dealt with a range of matters affecting the local community, including the regulation of agricultural affairs such as the allocation of strips of land, the enforcement of bye-laws about common land, ditches and crops, the enforcement of labour services, the transfer of manorial land, petty crime within the manor, and the election of local officials. In some instances, the lord of the manor was also granted leet jurisdiction within his holdings, The variety of business conducted in manor courts declined steadily from the eighteenth century as the courts became increasingly concerned with the surrender of and admittance to copyhold land. Land was continually being converted into leasehold which reduced the amount of copyhold land. Hence, there was little reason for manor courts to meet. During the eighteenth and nineteenth centuries it became more common for surrenders and admissions to take place outside the court baron. Many estate officials were often local solicitors who conducted this business through their own offices. Transactions would still be recorded in the manor court book until the abolition of copyhold land by the Law of Property Act of 1922.

 

Manorial Records

During the medieval period the proceedings were generally written on parchment rolls. It became increasingly common from the 16th century onwards for court rolls to be written in book form. Very often a court roll or book will include the proceedings of more than one manor. They are not easy documents to use. Many entries, particularly during the medieval period, are written in shorthand. In addition, Latin is used until the 16th century at which point English became more common. However, English did not become the official language until 1733.

The heading of a court roll usually gives the type of court, the day of the week and date expressed with reference to a saint's day, the regal year and possibly the name of the official presiding over the court. Court rolls of the 16th century and later often record the name of the lord of the manor while monastic court rolls normally include the name of the abbot.

 

Meetings of county courts are not well documented. The roll for a particular session listed in brief form the cases that came before the county court and the action taken and ordered in court on each case. As each order was executed or found impossible to execute, a notation to that effect was generally made in the roll. There is no set pattern for the recording of the business of the court. However excuses will typically be listed first, followed by the names of the jury, and then presentments. Hundred court rolls are much more numerous, following the same basic structure.

 

Manorial Court Baron

The business of the court baron or court leet is normally divided into different sections. The title of the court roll will generally indicate whether the court was a court baron or a court leet. In the final analysis, only the contents of the roll will highlight the difference. The first significant item on a roll was normally the essoins made by tenants who were not attending court. Tenants doing this paid a sum fixed by manorial customs. Tenants who failed to attend the court and did not send excuses would be subject to heavier penalties known as amercements which normally follow immediately afterwards. The next item of business was usually the changes of tenancy such as surrenders and admissions to land along with details of entry fines paid. Once manorial finances had been dealt with, the court would then consider offences committed by its tenants. A jury of tenants would 'present' the matters which were to be heard. After the 14th century, presentments usually dealt with fairly minor matters such as disputes between tenants which had resulted in violence or damage of property. They might also deal with neglect of ditches, abuses of common lands and grazing. If found guilty the court officer would fine the tenants concerned. At the end of the court roll one might find pronouncements made by the court re-stating regulations, known as ordinances or pains, and a record of the election of officials.

 

Manorial courts (courts baron or halmote courts) regulated the administration of the manor by enforcing local customs and agricultural practices, settling minor disputes and debts and transferring property rights, notably copyhold tenure, where a tenant's legal title was based on a copy of an entry on the court roll. All tenants of the manor were meant to attend and could be fined for not doing so. Courts known as courts leet had certain rights of criminal jurisdiction that otherwise were dealt with by the hundred (sub-division of a county) court and of appointing some local officials. Proceedings of both types of court may be recorded on the same roll. Other types of court roll held here include market, (port), (forest) and hundred courts. When copyhold tenure was abolished in 1922, the manorial court system effectively ended.

 

Manorial Records

The manor was essentially an administrative unit of a landed estate, varying greatly in size from a few acres within a single parish to manors covering many square miles and several whole parishes. Its records are a vital source for local, social and economic history and for pre-16th century genealogy but the manorial system never covered the whole country and so there are not necessarily records for the place in which you are interested. Until 1733, the records are likely to be in Latin with difficult handwriting, so first time users should begin by consulting one of the guides to their interpretation listed below. Lists of independent researchers who can provide translations, for a fee, are available. Manorial records continue until the 1920s.

 

Manorial Documents Rules

No manorial documents may be removed from England and Wales without the permission of the Master of the Rolls. Owners or custodians of manorial documents are under an obligation to provide the Secretary of the Historical Manuscripts Commission (HMC) and Head of Archives Sector Development at The National Archives with brief details of any documents in their possession for inclusion in the MDR. Any change in ownership of manorial records must also be notified to him. Owners or custodians are required to ensure that any manorial documents for which they are responsible are kept under safe and proper conditions. Should the Secretary of the HMC not be satisfied with the conditions in which documents are being stored he can direct the owner to place the documents on deposit in a repository which has been approved by The National Archives for this purpose. This will normally be the appropriate local record office.

 

Access to Manorial Documents

The 1924 Act established a right of access to manorial documents for persons with an interest in former copyhold land who may require manorial documents to prove title. However, there is no statutory right of access for the purposes of personal research.

 

Manorial Lordships Documents

The law of property acts did not abolish manorial lordships and manorial lordships may be bought and sold, but a new lord is not automatically entitled to documents relating to the manor, unless these have been specifically conveyed to him. The case Beaumont v Jeffery (1925) established that the lord of a manor could sell the lordship while retaining ownership of any documents in his possession relating to the manor. Conversely, it was also established that manorial documents could be disposed of by the lord while the lordship itself could be retained. A new lord is not entitled, as of right, to obtain copies of documents relating to the manor to which he has acquired the title, although these may be purchased at the discretion of the owners or custodians, normally an archive repository. A manorial lord is entitled to those documents created in the period during which he is the lord.

 

Manorial Documents Register

The Manorial Document Register is not a register of title to lordships and we do not collect or record information relating to the owners of manorial titles or manorial rights and information concerning the conveyance of a title will not be recorded in the Manorial Document Register. The Manorial Document Register need only be informed of a transfer of a manorial title should the conveyance include a manorial document or documents, as defined by the Manorial Documents Rules. No register of manorial lordships is maintained and therefore there is no obligation for owners to register a manorial title.

 

Since the Manorial Document Register is not a register of title it is of no direct help to those who wish to trace the descent or ownership of a manorial lordship. Although unlikely to provide current information, there are other sources which may help, such as the published volumes of the Victoria History of the Counties of England, the topographical volumes of which contain detailed manorial histories, and Kelly's Directories, both of which should be available in any good reference library. In addition, as a result of the Law of Property (Amendment) Act 1924 the Manorial Documents Committee was supplied by the Ministry of Agriculture and the Board of Inland Revenue with a considerable amount of detail relating to the existence of manors and the ownership of manors. These lists of manors and owners of titles, which do not go much beyond the 1920s, They are available for public inspection at The National Archives they are held under the reference MC 5/6-8.

 

The Land Registry

A voluntary registration of a manorial title with the Land Registry was, until recently, possible. The Land Registry keeps an index of registered lordship titles

 

Common Land

Common Land It is a popular misconception that common land is land owned by the general public and to which everyone has unrestricted right of access. All common land is private property, whether the owner is an individual or a corporation. The owner of the common is normally the lord of the manor or his successor in title. Many commons are, in fact, owned by local authorities, the National Trust and other bodies for the public benefit, but not all commons offer total access to all comers. Under the Countryside and Rights of Way Act 2000 (Popularly known as 'CRoW'), there is a new right of public access to open country and registered common land, subject to certain defined restrictions.

 

Rights of Common

'Common' in this context refers, strictly speaking, to rights rather than to lands. Common land is land subject to rights of common, i.e. rights enjoyed by one or more persons to take or use part of a piece of land or of the produce of a piece of land which is owned by someone else. Those entitled to exercise such rights were called commoners. Sometimes commoners sold or otherwise disposed of their rights. Such transactions were usually private agreements

Such rights are separately defined in each case. Ancient rights of common were usually of five kinds, although there were others:

 

• Turbary: the right to dig turf or peat for fuel.

• Piscary: the right to take fish from ponds, streams, etc.

• Rights in the soil: the right to take sand, gravel, stone, coal, minerals, etc.

• Estovers: the right to cut and take wood (but not timber), reeds, heather, bracken, etc.

• Pasture: the right to graze livestock; the animals permitted, whether sheep, horses, cattle, etc,

 

These rights related to natural produce, not to crops or commercial exploitation of the land. They were almost always subject to limitations as to quantities usually enough for the domestic needs of the commoner and sometimes as to season e.g. not during game-breeding periods. In modern times, rights have been defined in terms of intangibles such as access to light, air, recreation, etc.

 

Acts of Parliament

A long succession of Acts of Parliament governed the regulation of commons between the mid-19th and the mid-20th centuries. The most important of these, Enclosure Acts 1845 to 1899: awards of regulation MAF 1

 

Metropolitan Commons Acts 1866-98: schemes of regulation in MAF 4 Commons Acts 1876 and 1899: schemes of regulation in MAF 30, HLG 65 (after 2 February 1959), and BD 3 (Wales after 1964)

 

Corporation of London (Open Spaces) Act 1878: bye-laws in WORK 16 Commonable Rights Compensation Act 1882: records in MAF 2

 

Law of Property Act 1925: declarations and limitations in MAF 3, HLG 59 (after 2 February 1959) and BD 1 (Wales after 1965)

 

There were also numerous local Acts.

The resultant confusion led in 1955 to the setting up of a Royal Commission on Common Lands. The records of the Commission are in MAF 96: they include a substantial number of files of evidence which often contain information about the history of individual commons as well as material on general issues relating to commons. The Commission's Report led to the Commons Registration Act 1965 which provided for the registration of common land and of town and village greens. The registers were to be maintained by county councils. Registration began on 2 January 1967. The Commons Registration (Time Limits) Order 1966 provided that registration should take place by 31 March 1970; this was extended by an Amendment Order to 31 July 1970. These registers are now normally in local record offices.

 

In addition, the Countryside and Rights of Way Act 2000, (CRoW) requires the Countryside Agency and the Countryside Council for Wales respectively to prepare for England and Wales maps showing all registered common land and all open country. These maps, to be produced in draft, provisional and conclusional stages, are or will be held by local authorities.

 

Commons Commissioners

The 1965 Act gave the Lord Chancellor the power to appoint Commons Commissioners with arbitration functions. It should be noted, however, that the Commissioners have no power to intervene in registrations and deal only with matters referred to them by the Commons Registration Authorities (usually local government authorities). They are not empowered to offer advice or to become involved in general administrative or management matters relating to common land - for example, illegal occupation or trespass.

 

Detailed guidance on their functions is provided by the Commons Commissioners Regulations 1971. The contact address for further information is:

 

2, The Square, Temple Quay Bristol BS1 6EB

 

Tel: + 44 (0) 0117 372 8973
Email: commons.commissioners@defra.gsi.gov.uk

 

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