MANOR, in English law, is an estate in land, to which is incident the right to hold certain courts called courts baron. It might be described as the unit of tenure under the feudal system, and it is historically connected with the territorial divisions of the mark and the parish or township. The legal theory of the origin of manors refers them to a grant from the crown, as stated in the following extract from Perkins’s Treatise on the laws of England :—“The beginning of a manor was when the king gave a thousand acres of land, or a greater or lesser parcel of land, unto one of his subjects and his heirs, which tenure is knight’s service at the least. And the donor did perhaps build a mansion house upon parcel of the same land, and of 20 acres, parcel of that which remained, or of a greater or lesser parcel before the statute of Quia Emptores did enfeoff a stranger to hold of him and his heirs to plow 10 acres of land, parcel of that which remained in his possession, and did enfeoff another of another parcel thereof to go to war with him against the Scots, <fcc., and so by continuance of time made a manor.” It is still, as Mr Joshua Williams terms it, a “fundamental rule” that all lands were originally derived from the crown, and that the queen is lady paramount mediate or immediate of all the land in the realm. A manor then arises where the owner of a parcel so granted or supposed to have been granted by the crown (and who is called in relation thereto the lord) has in turn granted portions thereof to others who stand to him in the relation of tenants. Of the portion reserved by the lord for his own use (his demesne) part was occupied by villeins, with the duty of cultivating the rest for the lord’s use. These were originally tenants at will, and in a ...state of semi-serfdom, but they became in course of time the copyhold tenants of the later law. (See Copyhold.) It is of the essence of copyhold that it should be regulated by the custom of the manor; and that, according to some authorities, is one reason why a manor cannot be created at the present day. “Length of time being of the very essence of a manor, such things as receive their perfection by the continuance of time come not within the compass of a king’s prerogative” (Scriven, Copyholds, chap. i,). But the effect of the statute of Quia Emptores vias to make the creation of manors henceforward impossible, inasmuch as it enacted “that upon all sales or feoffments of land, the feoffee shall hold the same, not of his immediate feoffor, but of the chief lord of the fee of whom such feoffor himself held it.” The statute did not apply to the king’s tenants in capite, who might have aliened their land under a licence. Accordingly it is assumed that all existing manors are “of a date prior to the statute of Quia Emptores, except perhaps some which may have been created by the king’s tenants in capite with licence from the crown” (Williams, Real Property, chap. iv.; see also Scriven, Copyholds, chap. i.). When a great baron had granted out smaller manors to others, the seignory of the superior baron was frequently termed an honour.
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