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Types of english Manorial Land tenure
What is "tenure" and why does it matter?
After his conquest in 1066, William the Conqueror rewarded his followers by granting large areas of land for their use - forming between two and three hundred great estates, sometimes described as "land baronies" or "honours." During the reign of his son, William Rufus, these lords paramount began to make secondary land grants to their own supporters - subinfeudating. This process of subinfeudation could, and often was, repeated multiple times, for smaller and smaller areas of land, which resulted in the feudal hierarchy of land-holding, or tenure. This is best summed up in the Norman iron law - Nulle terre sans seigneur; Nulle seigneur sans terre (No land without a lord; No lord without land). While different, this concept evolved similarly to variations found in Normandy or in Anglo-Saxon held lands.
This holding of land should not be confused with the modern concept of outright ownership. The monarch was the only true owner of land in England and, arguably, still is.
Holding land in this way involved an evolving relationship, complete with mutual obligations, between the tenant and his lord. The land was held in return for services and was burdened with the incidents of tenure - a series of obligations owed inclusive of loyalty/homage. All land in England was held either directly or indirectly of the king in this manner.
Tenures were defined as either free or unfree. The test of whether a tenant was free or not was whether the services he owed were limited. If a tenant's obligations were specified (such as a certain number of days labor, a specific service or a defined amount of coin), then the tenant was deemed "free." If a tenant's obligations were not specifically defined, and could be called upon as needed ("boon work"), then the tenant was deemed "unfree." While strange to consider, individuals could move in and out of these categories - for instance, a free tenant might choose to take on a villein tenure and, thus, become "unfree."
While this system gave the king the control he required, it began to evolve immediately - which we will discuss elsewhere on this site.
Lords Paramount
Held directly of The Crown (in capite ut de corona), these are the premier lordships of the realm from which all other flow. They had the greatest rights - and the greatest burdens. We will explore how these ancient peerages evolved, devolved and eventually transformed into their modern-day, quasi-honorable form of title.
Mesne Lordships
Sub-infeudated to a superior lord, rather than The Crown, these subordinate manors exercised significant influence within their given jurisdiction. Whether pre-Conquest, or created before Quia Emptores in 1290, these were the agricultural and economic building-blocks of feudalism.
Knight Service
Tenure derived from the obligation to provide a certain number of knights to fight in the king's army, a form of tenure most appropriate for those the king looked to for military support. Typically, this took the form of serving as a soldier (knight) in England for 40 days per year. Military tenures were often considered the most honourable.
This is quantified as a "free tenure."
Serjeanty
Tenure held by the obligation to perform specific duties either directly or indirectly to the feudal superior - most frequently this was the monarch. Given the closeness to the king, these were typically awarded to those the monarch enjoyed a close, working relationship with.
The duties could range from elite to menial in nature. The honor came not from the duty but to whom the service was owed - especially if that were the monarch himself. Naturally, the access these rights provided were highly sought after.
There were two divisions of sergjeanty - grand and petty. The difference between the two was predicated upon whether services were rendered directly or indirectly.
The Law of Property Act 1922 specifically preserved the services incident to these forms of tenure. The services due from lords of manors are particularly significant when they relate to duties owed at coronation. The right to render services at coronation has traditionally been considered by a Court of Claims. The most recent Court was appointed in 1952, and consisted of the Lord Chancellor, the Master of the Rolls and other senior members of the judiciary and peerage. The Court considered a number of claims, including those relating to the Manors of Worksop, Liston and Nether Bilsington, several were rejected on the ground that the service did not relate d to the service itself but, rather, the coronation banquet - which was omitted as a luxury inappropriate given London's state post-WW2.
This is quantified as a "free tenure."
Frankalmoin
A tenure held through religious obligations owed to the feudal superior - such as the holding of masses or saying of prayers. As such, this form of tenure was only appropriate for religious bodies. If the obligation was framed in specific terms within the charter, it was known as "Divine Service" and its performance was legally enforceable. If the obligation was more general, its specific delivery was difficult to enforce legally.
Tenure by Frankalmoin was far more rare than one might suppose. Curiously, it was common for large religious institutions to hold by knight service, rather than frankalmoin, as their holdings were large and the monarch often needed troops more than prayers. Additionally, the services owed could not be transferred with the land. If land held by frankalmoin were conveyed, their tenure was considered to have transformed into common soccage. As a result, there were precious few examples left in existence when the 1660 act was passed.
This is quantified as a "free tenure."
Castle-Guard
Either similar to or a subset of knights service, castle-guard consisted of providing the required manpower to guard a specific castle rather than for the king's army on campaign.
This is quantified as a "free tenure."
Common Socage
A residual, "catch-all" category of tenure which all remainders fell into. Typically held by manor lords whose lands were smaller, rural areas defined by agriculture. Inarguably making up the bottom of the feudal hierarchy of tenure, duty was rendered in the form of annual cash payment.
After Abolition of Tenures in 1660 ended the feudal burdens of knight service, these manors were converted to common soccage - as did nearly all tenures over time.
This is quantified as a "free tenure."
Villeins
Although not slaves, which did exist in England to a limited extent, villeins saw their rights and freedoms greatly restricted by the lord through tenurial obligation. The The standard holding of a villein was known as a virgate - usually 30-60 acres.
This is quantified as an "unfree tenure."
Cottars or Bordars
Holders of the smallest allocations of land - usually a cottage and garden with little else. Services owed by these tenants was often commensurate with the amount of land held. Less land meant fewer obligations and these tenants were often pressed into service when extra work was required - in return for additional money or food.
This is quantified as an "unfree tenure."
Ancient Demesne
An elite, clearly defined group of manors identified within Domesday as being terra regis - lands belonging to the king in 1066. Tenants of these special manors held in ancient demesne and enjoyed unique rights, exemptions and the enviable legal position of only being capable of being sued in the Court of Common Pleas - and not in local customary/sheriff's courts.