Lord of the manor


A lord of the manor, in Anglo-Saxon England and Norman England, is the landholder of a rural estate. The titles date to the English feudal system. The lord enjoyed manorial rights as well as seignory, the right to grant or draw benefit from the estate. The title is not a peerage or title of upper nobility but was a relationship to land and how it could be used and those living on the land may be deployed, and the broad estate and its inhabitants administered. The title continues in modern England and Wales as a legally recognised form of property that can be held independently of its historical rights. It may belong entirely to one person or be a moiety shared with other people. The title is known as Breyr in Welsh.
In the British Crown Dependencies of Jersey and Guernsey the equivalent title is Seigneur.
A similar concept of such a lordship is known in French as Sieur or Seigneur du Manoir, Gutsherr in German, Kaleağası in Turkish, Godsherre in Norwegian and Swedish, Ambachtsheer in Dutch, and Signore or Vassallo in Italian.

Background

The manor formed the basic unit of land ownership within the baronial system. Initially in England the feudal "baronial" system considered all those who held land directly from the king by knight-service, from earls downwards, as "barons". Others forms of land tenure under the feudal system included serjeanty and socage. Under King Henry II, the Dialogus de Scaccario already distinguished between greater barons, and lesser barons. As they held their title due to ownership of manors, and not per baroniam knights service, lords of the manor were in the group of lesser barons. The entitlement or "title" to attend the King's Council in Parliament began to be granted exclusively by decree in the form of a writ of summons from 1265 entrenching the status of the Greater Barons and effectively founding the House of Lords.
Magna Carta had declared that "No free man shall be seized, imprisoned, dispossessed, outlawed, exiled or ruined in any way, nor in any way proceeded against, except by the lawful judgement of his peers", and thus this body of greater barons with a right to attend Parliament were deemed to be "peers" of one another, and it became the norm to refer to these magnates collectively as the "peerage" during the reign of Edward II. Meanwhile the holders of smaller fiefdoms per baroniam ceased to be summoned to parliament, and instead lesser barons of each county would receive a single summons as a group through the sheriff, and representatives from their number would be elected to attend on behalf of the group. This meant the official political importance of ownership of manors declined, eventually resulting in baronial status becoming a "personal" title rather than one linked to ownership of territory. The lesser baronial titles, including lordships of the manor, therefore were not incorporated into the peerage. It is understood that all English Feudal Baronies that were not lordships of the manor and had not been upgraded into a peerage, were abolished by the Tenures Abolition Act 1660, passed after the Restoration, which took away knight-service and other legal rights. This left lordships of the manor as the sole vestige of the English feudal system. Like their English counterparts, by 1600 manorial titles in the formerly Norman territories in France and Italy did not ennoble their holders in the same way as did, for example, a barony in these territories.
Lordships of the manor often have certain feudal era rights associated with them. The exact rights that each manor holds will be different: the right to hold a market, a right over certain waterways or mineral deposits are all within scope.

Types

Historically a lord of the manor could either be a tenant-in-chief if he held a capital manor directly from the Crown, or a mesne lord if he was the vassal of another lord. The origins of the lordship of manors arose in the Anglo-Saxon system of manorialism. Following the Norman Conquest, land at the manorial level was recorded in the Domesday Book of 1086. The title cannot nowadays be subdivided. This has been prohibited since 1290 by the statute of Quia Emptores that prevents tenants from alienating their lands to others by subinfeudation, instead requiring all tenants wishing to alienate their land to do so by substitution.
Lord Denning, in Corpus Christi College Oxford v Gloucestershire County Council QB 360, described the manor thus:

Tenancy

In England in the Middle Ages, land was held on behalf of the English monarch or ruler by a powerful local supporter, who gave protection in return. The people who had sworn homage to the lord were known as vassals. Vassals were nobles who served loyalty for the king, in return for being given the use of land. After the Norman conquest of England, however, all land in England was owned by the monarch who then granted the use of it by means of a transaction known as enfeoffment, to earls, barons, and others, in return for military service. The person who held feudal land directly from the king was known as a tenant-in-chief.

Sub-tenancy

Military service was based upon units of ten knights. An important tenant-in-chief might be expected to provide all ten knights, and lesser tenants-in-chief, half of one unit, i.e., five knights instead of ten. Some tenants-in-chief "sub-infeuded", that is, granted, some land to a sub-tenant. Further sub-infeudation could occur down to the level of a lord of a single manor, which in itself might represent only a fraction of a knight's fee. A mesne lord was the level of lord in the middle holding several manors, between the lords of a manor and the superior lord. The sub-tenant might have to provide knight-service, or finance just a portion of it, or pay something purely nominal. Any further sub-infeudation was prohibited by the statute of Quia Emptores in 1290. Knight-service was abolished by the Tenures Abolition Act 1660.

Manorial courts

Manors were defined as an area of land and became closely associated to the advowson of the church; often by default the advowson was appended to the rights of the manor, sometimes separated into moieties. Many lords of the manor were known as squires, at a time when land ownership was the basis of power. While some inhabitants were serfs who were bound to the land, others were freeholders, often known as franklins, who were free from customary services. Periodically all the tenants met at a 'manorial court', with the lord of the manor, or a steward, as chairman. These courts, known as courts baron, dealt with the tenants' rights and duties, changes of occupancy, and disputes between tenants. Some manorial courts also had the status of a court leet, and so they elected constables and other officials and were effectively a magistrates' courts for minor offences.

Later history

The tenure of the freeholders was protected by the royal courts. After the Black Death, labour was in demand and so it became difficult for the lords of manors to impose duties on serfs. However their customary tenure continued and in the 16th century the royal courts also began to protect these customary tenants, who became known as copyholders. The name arises because the tenant was given a copy of the court's record of the fact as a title deed.
During the 19th century, traditional manor courts were phased out. This was largely because by the mid 17th century, large English cities had leading residents such as John Harrison of Leeds, who saw the possession of the manor by only one resident as "giving him too great a superiority over his fellow townsmen, and exposing him to considerable odium". Thus, the Manor of Leeds was divided between several people. This situation could create legal problems. In January 1872, as a group, the "lords of the manor of Leeds" applied to the law courts to ascertain if they could "exercise acts of ownership" over land at a time when manorial rights were being sold to larger city corporations. In 1854, the lords of the manor of Leeds had "sold" these acts of ownership to the Corporation of Leeds, which was the town council for Leeds. Other town corporations bought their manorial titles in the 19th century, including Manchester, where the corporation paid £200,000 for the title in 1846.
By 1925, copyhold tenure had formally ended with the enactment of Law of Property Acts, Law of Property Act 1922 and Law of Property Act 1924, converting copyhold to fee simple. Although copyhold was abolished, the title of 'lord of the manor' remains, and certain rights attached to it will also remain if they are registered under the Land Registration Act 2002. This act ended manorial incidents unprotected by registration at the Land Registry after October 2013. The Land Registration Act 2002 does not affect the existence of unregistered lordships after October 2013, only the rights that would have previously been attached to the same.
During the latter part of the 20th century, many of these titles were sold to wealthy individuals seeking a distinction. However, certain purchasers, such as Mark Roberts, controversially exploited the right to claim unregistered land. A manorial title is not a title of nobility, as in a peerage title.

Use of style

The holder of a lordship of the manor can be referred to as Lord or Lady of the manor of , or Lord or Lady of , for example Lord or Lady of Little Bromwich; this shortening is permitted as long as "of" is not omitted and the name of the holder is included before as not to imply a peerage. The style 'Lord of the Manor of X' or 'Lord of X' is, in a sense, more of a description than a title, somewhat similar to the term laird in Scotland. King's College, Cambridge has given the view that the term "indicated wealth and privilege, and it carried rights and responsibilities".
It is debated whether manorial lordships can be classed as a noble title, historically holders of manorial titles were seen as people of rank. They are a semi-extinct form of hereditary landed title that grants the holder the rank of Esquire by prescription and are considered high gentry or lower, non-peerage nobility by contemporary heralds and students of nobiliary. Lordship in this sense is a synonym for ownership, although this ownership involved a historic legal jurisdiction in the form of the court baron. The journal Justice of the Peace & Local Government Law advises that the position is unclear as to whether a lordship of a manor is a title of honour or a dignity, as this is yet to be tested by the courts. Technically, lords of manors are barons, or freemen; however, they do not use the term as a title. Unlike titled barons, they did not have a right to sit in the House of Lords, which was the case for all noble peers until the House of Lords Act 1999. John Selden in his esteemed work Titles of Honour writes: