In the Manor of Ealing the custom of Borough English prevails by
virtue of which lands descend to the youngest and not, as generally,
to the eldest son, and if the tenant have no issue to the younger
brother. The reason of this custom is, says Littleton, that the
youngest son is presumed in law to be least able to shift for himself.
This is a curious and interesting mark of the difference between
feudal or military tenures and copyhold, which were originally
agricultural. Tenancies in tail or fee simple fell on intestacy to the
eldest son, because the eldest son was presumably best able to render
to the feudal lord the military services which were an incident and
condition of his tenure. In the Manor of Ealing lands descend on
intestacy to the youngest son, and in default of male issue are
divisible among the daughters equally. The widow of a copyholder, if a
spinster at the time of her marriage, is entitled to dower and the
correlative right of tenancy by the curtesy is recognised. One year’s
quit rent is payable to the Lord on alienation and on heriotable land,
three shillings and fourpence in the name of a heriot. The
heriot--Dano-Saxon “heregeat,” was originally a gift made by a tenant
to his Lord of his horse and armour. This gift became first usual then
compulsory, and was subsequently commuted for a money charge. In
Ealing as in other Manors there are two general courts, held on Easter
Monday and in the middle or end of November in each year. The Courts
Leet and Court Baron are held at Hammersmith, and the following is
the proclamation summoning to the Court:--“All manner of persons that
owe suit and service to our Sovereign Lady the Queen, or the Court
Leet and Court Baron of Frederick Temple, Lord Bishop of London Lord
of the Manor of Ealing, held this day for the said Manor, may give
attendance here, and come into court and take their admission.” On a
conveyance of lands a surrender is made in form following:--
“You do by me, and by this rod, surrender into the hands of the Lord
of the Manor of Ealing, all that copyhold messuage, and this
surrender you make to the use and behalf of A. B. according to the
custom of the Manor.”
The history of most manors up to the time at all events of the great
development of England as a mercantile power is the history of the
lord of the manor. If one turns to almost any of the many histories of
particular towns, it will be found that such accounts are in the main
those of the fortunes of some noble family. It is inevitable that it
should be so. During the early times after the complete introduction
of the feudal system into this country, a town or village was a mere
appanage of a Lordship. During the wars of Stephen, and in the more
disastrous wars of the Roses, Manors were in the hands now of this,
now of that, potent Prince or Lord.
Public-domain text, read in full here on John Shaqi.
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