Blπ 34 terræ dominicales, and the portions granted in fee to tenants by subinfeudation to hold of the manor by services, terræ tenementales, of which the lord retained the seignory and services. There might also be waste land, not as yet in occupation, used in common by the tenants of the manor for pasturage and like purposes; but the title remained in the lord, who might from time to time approve or appropriate the waste, subject to the rights exercised over it by his tenants. In regard to jurisdiction, the manor comprised a court called the Court Baron or Lord's Court, having two distinct branches or courts. The superior or freehold branch of the court was constituted of the tenants holding fees of the manor, who were bound by their tenure to give suit or service at the court as judges; and their jurisdiction extended to pleas concerning the lands thus held of the manor. The aggregate of these rights and incidents constituted a manor in the legal acceptation of the term; and accordingly a manor is described in law as consisting of demesne lands, and seignories and services anciently united thereto, together with the jurisdiction of a court baron; all of which elements are necessary to constitute a perfect manor. After the statute Quia emptores no new manor could be created. The grant of a fee no longer created a seignory and tenure, for the grantee held of the superior lord and not of the grantor. The lord, therefore, could not create freehold tenants to hold a court baron, which is an essential element in the constitution of a manor. Moreover, manors are sanctioned only by prescription or ancient custom; hence and that very aptly, for this word fee implieth thus much, that his estate is not ab- Perkins, s. 670; Co. Lit. 58 a, b; Co. Cop. s. 31; Spelman Gloss. "Manerium." As to the distinction of the demesne lands and the lands in tenure, see Co. Lit. 17 a; A. G. v. Parsons, 2 C. & J. 279, and the authorities cited in the judgment. As to the right of the tenants over the waste and of the lord to approve the waste, with and without the consent of the tenants, see Boulcot v. Winmill, 2 Camp. 261; Betts v. Thompson, L. R. 6 Ch. 732; Warrick v. Queen's Coll. Ox. Ib. 716. A Numerous conjectures have been made as to the derivation of the word manor. plausible one is from the French word mesner, to govern, which Coke notices as most agreeing with the nature of a manor, "for a manor in these days signifieth the jurisdiction and royalty incorporate, rather than the land or site." Co. Cop. s. 31 ; approved by Watkins, Cop. p. 7. In this view of a manor it is included in the list of Franchises, - the definition of a franchise being “a royal privilege or branch of the king's prerogative, subsisting in the hands of a subject." 2 Blackst. Com. 37. Manor has also been derived a manendo, as being the seat of the feudal lord. Co. Lit. 58a; Spelman; 2 Blackst. Com. 90. Manors, together with most of the other elements of feudality, are said to have had their commencement, historically, in England in Saxon times. Co. Lit. 58 b; and see 1 Spence Eq. Jur. p. 64, and authorities there referred to. But they were consolidated into a system of general application at the Conquest. 1 Spence, 90. 2. Loss of ward shif w B to render one кондо c is to render a road is Bal Xmas w If Bedies, a jel's practically nothing. I Catule Qua Emflares made subsubinfund stitution instead vtion. 1. It allowed doubelitistion 2. Allowed substitution withars fine except afflies only to fee simple 3. (19) C is I for life! How now? Holdoge L MANORS, 389 t the king himself, though he can create a new tenure, cannot create a A manor may become extinguished as a perfect manor, by the sev- A manor might also be extinguished by failure of the court baron. Two freeholders of the manor, at least, were necessary to hold the court baron; consequently, if this number of tenants failed, the court could no longer be constituted, and the manor, without a court baron, ceased legally to exist.1 But in all the above cases of extinction, though the manor no longer exists in its legal integrity, it may continue as a manor by repute, nomine tantum; and it may still be attended with such of the rights and incidents of the original manor as may remain unaffected by the legal extinction.2 It may here be mentioned that besides the freehold tenants holding They hold under a distinct tenure known as customary or copyhold Another distinct court frequently existed as a franchise of a manor 1 Co. Lit. 58 a; Co. Cop. s. 31; see Chetwode v. Crew, Willes, 614; Bradshaw v. Lawson, 4 T. R. 443. The jurisdiction of the Court Baron in writs of right concerning lands within the manor was expressly abolished by 3 & 4 Will. IV. c. 27, s. 36, and in all other matters the court has been either superseded or fallen into disSee a provision for the surrender of manorial courts in which debts or demands may be recovered, 9 & 10 Vict. c. 95 (the County Courts Act), s. 14. use. 2 Co. Cop. s. 31; see 6 Co. 64 a, 66b; Soane v. Ireland, 10 East, 259; Watkin's Cop. by Coventry, p. 27, n. (1), Ib. p. 48; as the right to manorial wastes, Ib. See Co. Cop. § 31; Chetwode v. Crew, Willes, 614; Soane v. Ireland, 10 East, 259.- ED. enures are pistenquested by qual. I quan of services Free and unenlain Free & carlain soeage tent. I hese the und curtain or unscitain. Services were to day 2. binds only MILITARY TENURES AND THEIR INCIDENTS. MAGNA CARTA, c. 2. If any of our earls or barons, or any other which out of hold of us in chief by knight's service, die, and at the time of his death Reli his heir be of full age, and oweth to us relief, he shall have his inheri-stated tance by the old relief; that is to say, the heir or heirs of an earl, for a whole earldom, by one hundred pound; the heir or heirs of a baron, for a whole barony, by one hundred marks; the heir or heirs of a knight for one whole knight's fee, one hundred shillings at the most; and he that hath less shall give less, according to the old custom of the fees. c. 3. But if the heir of any such be within age, his lord shall not have the ward of him, nor of his land, before that he hath taken of him homage; and after that such an heir hath been in ward, when he is come to full age, that is to say, to the age of one and twenty years, he shall have his inheritance without relief and without fine; so that if such an heir, being within age, be made knight, yet nevertheless his land shall remain in the keeping of his lord unto the term aforesaid. c. 6. Heirs shall be married without disparagement. c. 15 (Charter of King John). We will not give leave to any one, ST. 20 HEN. III. ST. OF MERTON (1235), c. 6. Of heirs that be led away, and withholden, or married by their parents, or by other, with force, against our peace, thus it is provided; That whatsoever layman be convict thereof that he hath so withholden any child, led away, or married; he shall yield to the loser the value of the marriage; and for the offence his body shall be taken and imprisoned until he hath recompensed the loser, if the child be married; and further until he hath satisfied the king for the trespass; and this must be done of an heir being within the age of fourteen years. And touching an heir being fourteen years old or above, unto his full age, if he marry without licence of his lord to defraud him of the marriage, and his lord offer him reasonable and convenient marriage, without disparagement, then his lord shall hold his land beyond the term of his age, that is to say, of one and twenty years, so long that he may receive the double value of the marriage, after the estimation of lawful men, or after as it hath been offered him for the said marriage before, without fraud or collusion, and SECTION III. Сениче unfree Wild affee was so |