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Vincent
AuthorChristopher Jessel
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THE LAW OF THE MANOR

SECOND EDITION

THE LAW OF THE MANOR

SECOND EDITION

CHRISTOPHER JESSEL

Wildy, Simmonds & Hill Publishing

Copyright © 2012 Christopher Jessel


Contains public sector information licensed under the Open Government Licence v1.0

The Law of the Manor

British Library Cataloguing in Publication Data


A catalogue record for this book is available from the British Library

ISBN 978-0854901104

Typeset in Times New Roman and Optima LT Std by Cornubia Press Ltd Printed and bound in the United Kingdom by Antony Rowe Ltd, Chippenham, Wiltshire

The right of Christopher Jessel to be identified as the Author of this Work has been asserted by him in accordance with Copyright, Designs and Patents Act 1988, sections 77 and 78.

All rights reserved. No part of this book may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the consent of the copyright owners, application for which should be addressed to the publisher. Such a written permission must also be obtained before any part of this publication is stored in a retrieval system of any nature.

First published in 2012 by


Wildy, Simmonds & Hill Publishing
58 Carey Street

London WC2A 2JF
England

Contents

Preface to Second Edition xiii Introduction xv Table of Statutes and Other Laws xxi Table of Statutory Instruments xli Table of Cases xliii

PART I ROOTS

1 The Picture of the Manor 3

1.1 The manor as an idea and a place 3
1.2 Farmland 4
1.3 Village and society 7
1.4 Waste and outliers 8
1.5 The eight-ox plough 9
1.6 Size 11

2 Time Out of Mind 15

2.1 Roman 15
2.2 Early Saxon 19
2.3 Late Saxon 21
2.4 Norman 24

3 Decline of Years 29

3.1 Decline of the manor 29
3.2 Population pressure and the Black Death 30
3.3 Copyholds and royal power 32
3.4 Inclosure 36
3.5 The twentieth century 38
3.6 Manors in America 39

4 Custom and Variety 43

4.1 Custom and the manor 43
4.2 Local 45

vi The Law of the Manor

4.3 Ancient and continuous 49
4.4 Reasonable 53
4.5 Certain 55
4.6 Services 56
4.7 Inheritance and disposition 57
4.8 Enjoyment 58
4.9 Extinction of custom 59
4.10 Variety 61

PART II LANDS

5 Freehold and Copyhold 67

5.1 Service, tenure and jurisdiction 67
5.2 Tenure 69
5.3 Free and unfree tenure 72
5.4 Common and customary tenure 74
5.5 The will of the lord 76
5.6 Surrender and admission 78
5.7 Tenures today 82

6 The Lands of the Lord 85

6.1 Demesne and other land 85
6.2 Management and...

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