The Manor and The Manor Court System

Overview

The origins of the manor and its system of courts are uncertain but we do know that by Domesday the manor system was established throughout the country.  The manor was an economic and territorial unit held originally by feudal tenure. The lord of the manor would retain some land for his own use (known as demesne land) and the rest would be a mixture of tenanted land, common land or waste. There were originally two main types of tenant: villeins whose occupation of manor land was on condition of service to the lord (e.g. cultivating the lord's demesne), and freemen who paid rent to the lord. Over time villein tenure became copyhold tenure also based on the payment of rent. Copyhold tenure is so called because the tenant's title to the land was written into the court rolls and a copy was given to the tenant.  Conveyancing of copyhold land was via the lord's manor court which imposed an entry fine called a relief on new tenants and a heriot  (usually money but could be the tenant's best beast) in the case of an heir to a deceased tenant. Copyhold tenure was finally abolished in 1922.

The lord of the manor had the right to hold a court baron for his tenants and this was normally a regular occurrence. The lord himself might preside over the court or more usually his steward would perform the task. It was the business of the manor court to make known the customs of the manor and to preserve the lord's financial interests by ensuring all dues and services owed to him were accounted for.  Additionally the manor court dealt with tenants disputes and complaints. Thus the manor court was effectively the local government.

Many lords of manors also had a right to hold a court leet the purpose of which was the maintenance of law and order. This type of court could fine or imprison offenders.

Court Rolls

Court rolls record the proceedings of the manor court. Until 1733 the rolls were written in Latin although English is occasionally found.  By the 17th century as other functions of the manor decayed, copyhold transactions become the bulk of the recorded proceedings.

Typically a meeting of the court will proceed as follows in the court roll.

The title of the court comes first often including the name and rank of the lord. This will be followed by the date which will usually be a day and a month followed by the regnal year of the sovereign and may also be recorded as Anno Domini. The day and month may themselves be recorded in full or in terms of a nearby saint's day. After this will be named the lord or his steward before whom the court is held. 

Next will be recorded the names of those tenants forming the homage or jury and the fact that they were sworn in.

Following that will be the records of the particular transactions taking place that day. For copyhold transactions there may be an incoming tenant who petitions to be admitted and upon payment of the necessary entry fine and the doing of fealty will be admitted "by the rod", a quaint ceremony whereby the lord or his steward symbolises the transfer by the handing over of a stick or rod. The amount of the entry fine was usually fixed by the local custom of the manor.

If a customary tenant had died since the previous court, the homage would report that fact, indicate whether a heriot was due and call for the heir to present himself. If the heir was not immediately known, the proclamation would be repeated at succeeding courts up to three times customarily and if no heir came forward the land would be forfeit to the lord.

demesne: Demesne land was all the land that was retained by the lord for his own use as distinguished from that "alienated" or granted to others as tenants. As common-law practice protected the rights of the villein, tenancy at the pleasure of the lord gradually developed into the added security of copyhold leases.

heriot: A succession duty paid on the death of a tenant by his heir. A heriot originally took the form of the return of military equipment which was surrendered to the king. Subsequently it assumed the form of a payment in kind and in money and in Norman times the money payment alone was exacted from the heir. It thus became a feudal burden associated with tenure.