Great Britain -- History -- Medieval period, 1066-1485
II. I come now to the Court Rolls, which throw much more light upon our
parochial history than any other documents that have come down to us;
their information is concerned exclusively with the civil, domestic,
sometimes with the political life of our forefathers; about their
religious life, or their contentions with ecclesiastics, they have
rarely a word to say.
* * * * * * *
All who have at any time owned or purchased what is known as copyhold
land might be supposed to know something of the nature of the title on
which such land is held. If they do not it is not for want of being
reminded from time to time, in a very vexatious way, that they are in
theory and in fact not so much owners of their several holdings as
_tenants_ of the Lord of the Manor to which such holdings appertain.
But inasmuch as a great deal of ignorance prevails as to the nature of
this tenure, and as it is impossible to estimate the value and
importance of the evidence which the Rolls of the Manor Courts supply
in the inquiry on which we are engaged, I feel it necessary to
introduce at this point a few paragraphs introductory to and
explanatory of what follows.
* * * * * * *
In the thirteenth century it may be said that _in theory_ the land of
England belonged to the sovereign. The sovereign had indeed assigned
large tracts of territory to A or B or C; but under certain
circumstances, of no very unfrequent occurrence, these tracts of
territory came back into the hands of the sovereign, and were
re-granted by him at his will to whom he chose. In return for such
grants, A or B or C were bound to perform certain _services_ in
recognition of the fact that they were _tenants_ of the king; and by
virtue of such _services_-the equivalents of what we now understand by
_rent_-they were called _tenants in chief_, or tenants _in capite_.
The tracts of territory held by A or B or C were in almost every case
made up of lands scattered about over all parts of the kingdom. The
tenant in chief had his castle or capital mansion, [Footnote: Experts
will object to the use of this term and other terms as strictly
inaccurate. I am not writing for experts.]which was supposed to be his
abode; but as far as the larger portion--immensely the larger
portion--of his possessions, he was necessarily a non-resident
landlord, getting what he could out of them either by farming them
through the agency of a bailiff, or letting out his estates to be held
under himself in precisely the same way as he held his _fief_, or
original grant, from the King.
Public-domain text, read in full here on John Shaqi.
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