this day juft as was obferved of feuds, that they were partly known to our ancestors, even before the Norman conquet. A manor, manerium, à manendo, because the ufual refidence of the owner, feems to have been a district of ground, held by lords or great perfonages; who kept in their own hands fo much land as was neceffary for the ufe of their families, which were called terre dominicales, or demefne lands; being occupied by the lord, or dominus manerii, and his fervants. The other tenemental lands they diftributed among their te nants; which from the different modes of tenure were called and diftinguished by two different names. First, book land, or charter land, which was held by deed under certain rents and freefervices, and in effect differed nothing from free focage lands: and from hence have arifen all the free-hold tenants which hold of particular manors, and owe fuit and fervice to the fame. The other species was called folk land, which was held by no affurance in writing, but diftributed among the common folk or people at the pleafure of the lord, and refumed at his difcretion; being indeed land held in villenage, which we shall presently defcribe more at large. The refidue of the manor, being uncultivated, was termed the lord's waste, and ferved for public roads, and for common of pafture to the lord and his tenants. Manors were formerly called baronies, as they ftill are lordhips: and each lord or baron was empowered to hold a domestic court, called the court-baron, for redreffing misdemeanors and nuifances within the manor, and for fettling difputes of proThis court perty among the tenants. is an infeparable ingredient of every Imanor; and if the number of fuitors fhould fo fail, as not to leave fufficient to make a jury or homage, that is, two tenants at the leaft, the manor itself is loft. Before the ftatute of quia emptores, 18 Edward I. the king's greater barons, who had a large extent of territory held under the crown, granted out frequently fmaller manors to inferior perfons to be held of them felves; which do therefore now continue to be held under a fuperior lord, who is called in fach cafes the lord paramount over all thefe manors: and his feigniory is frequently termed an honour, not a manor, especially if it hath belonged to an ancient feodal baron, or hath been at any time in the hands of the crown. In imitation whereof, these inferior lords began to carve out and grant to others ftill more minute eftates, to be held as of themfelves, and were fo proceeding downwards in infinitum; till the fuperior lords obferved, that by this me thod of fubinfeudation they lost all their feodal profits, of wardfhips, marriages, and efcheats, which fell into the hands of thefe mefne or middle lords, who were the immediate fuperiors of the terretenant, or him who occupied the land. This occafioned the ftatute of Weftm. 3. or quia emptores, 18 Edw. I. to be made; which directs, that upon all fales or feoffments of land, the feoffee fhall hold the fame, not of his immediate feoffer, but of the chief lord of the fee, of whom fuch feoffer himfelf held it. And from hence it is held, that all manors exifting at this day muft have exifted by immemorial prefcription; or at leaft ever fince the 18th Edw. I. when the ftatute of quia emptores was made. For no new manor can have been created fince that ftatute: because it is effential to a manor, that there be tenants who hold of the lord, and that ftatute enacts, that for the future no fubject fhall create any new tenants to hold of himself. Now with regard to the folk land, or eftates held in villenage, this was a fpecies of tenure neither ftrictly feodal, Norman, or Saxon; but mixed and compounded of them all and which alfo, on account of the heriots that attend it, may feem to have fomewhat Danish in its compofition. Under the Saxon government there were, as Sir William Temple fpeaks, a fort of people in a condition of downright fervitude, ufed and employed in the moft fervile works, and belonging, both they, their children, and effects, to the lord of the foil, like the rest of the cattle or stock upon it. These seem to have been those who held what was called the folk land, from which they were were removeable at the lord's pleasure. On the arrival of the Normans here, it feems not improbable, that they, who were ftrangers to any other than a feodal ftate, might give fome fparks of enfranchisement to fuch wretched perfons as fell to their fhare, by admitting them, as well as others, to the oath of fealty; which conferred a right of protection, and raifed the tenant to a kind of eftate fuperior to downright flavery, but inferior to every other condition. This they called villenage, and the tenants villeins, either from the word vilis, or else, as Sir Edward Coke tells us, à villa; because they lived chiefly in villages, and were employed in ruftic works of the moft fordid kind: like the Spartan helotes, to whom alone the culture of the lands was configned; their rugged matters, like our northern ancestors, efteeming war the only honourable employment of mankind. Thefe villeins, belonging principally to lords of manors, were either villeins regardant, that is, annexed to the manor or land; or elfe they were in grofs, or at large, that is, annexed to the perfon of the lord, and transferrable by deed from one owner to another. They could not leave their lord without his permiffion; but if they ran away, or were purloined from him, might be claimed and recovered by action, like beafts or other chattels. They held indeed fmall portions of land by way of fuftaining themselves and families; but it was at the mere will of the lord, who might difpoffefs them whenever he pleafed; and it was upon villein fervices, that is, to carry out dung, to hedge and ditch the lord's demeínes, and any other the meanest offices and thefe fervices were not only bafe, but uncertain both as to their time and quantity. A villein, in fhort, was in much the fame ftate with us, as lord Molefworth describes to be that of the boors in Denmark, and Stiernhook attributes alfo to the traals or flaves in Sweden; which confirms the probability of their being in fome degree monuments of the Danish tyranny. A villein could acquire no property either in lands or goods; but, if he purchased either, the lord might enter upon them, ouft the villein, and feize them to his own ufe, unless he contrived to difpofe of them again before the lord had feized them; for the lord had then lost his opportunity. In many places alfo a fine was payable to the lord, if the villein prefumed to marry his daughter to any one without leave from the lord: and, by the common law, the lord might also bring an action against the husband for damages in thus purloining his property. For the children of villeins were also in the fame state of bondage with their pa rents; whence they were called in Latin, nativi, which gave rise to the female appellation of a villein, who was called a neife. In cafe of a marriage between a freeman and a neife, or a villein and a freewoman, the iffue followed the condition of the father, be ing free if he was free, and villein if he was villein; contrary to the maxim of civil law, that partus fequitur ventrem. But no baftard could be born a villein, because by another maxim of our law he is nullius filius; and as he can gain nothing by inheritance, it were hard that he should lofe his natural freedom by it. The law however protected the perfons of villeins, as the king's fubjects, against atrocious injuries of the lord: for he might not kill or maim his villein; though he might beat him with impunity, fince the villein had no action or remedy at law against his lord, but in cafe of the mur der of his ancestor, or the maim of his own perfon. Neifes indeed had also an appeal of rape, in cafe the lord violated them by force. Villeins might be enfranchised by manumiffion, which is either express or implied: exprefs; as where a man granted to the villein a deed of manumiflion: implied; as where a man bound himself in a bond to his villein for a fum of money, granted him an annuity by deed, or gave him an eftate in fee, for life, or years: for this was dealing with his villein on the footing of a free. man; it was in fome of the inftances giv ing him an action against his lord, and in others vefting an ownership in him entirely inconfiftent with his former state of bondage. So alfo if the lord brought an an action against his villein, this enfranchised him; for, as the lord might have a fhort remedy against his villein, by feizing his goods (which was more than equivalent to any damages he could recover) the law, which is always ready to catch at any thing in favour of liberty, prefumed that by bringing this action he meant to fet his villein on the fame footing with himself, and therefore held it an implied manumiffion. But, in cafe the lord indicted him for felony, it was otherwife; for the lord could not inflict a capital punishment on his villein, without calling in the af fiftance of the law. premifed it appears, that copyholders are in truth no other but villeins, who, by a long series of immemorial encroachments on the lord, have at last establifhed a customary right to those estates, which before were held abfolutely at the lord's will. Which affords a very fubftantial reafon for the great variety of customs that prevail in different manors, with regard both to the defcent of the estates, and the privileges belonging to the tenants. And these encroachments grew to be fo univerfal, that when tenure in villenage was abolifhed (though copyholds were referv. ed) by the ftatute of Charles II. there Villeins, by this and many other was hardly a pure villein left in the na means, in process of time gained confi- tion. For Sir Thomas Smith teftifies, derable ground on their lords; and in that in all his time (and he was fecreparticular strengthened the tenure, of tary to Edward VI.) he never knew any their eftates to that degree, that they villein in grofs throughout the realm; came to have in them an interest in ma. and the few villeins regardant that were ny places full as good, in others better then remaining were fuch only as had be than their lords. For the good-nature longed to bishops, monafteries, or other and benevolence of many lords of ma- ecclefiaftical corporations, in the prenors having, time out of mind, permit- ceding times of popery. For he tells us, ted their villeins and their children to that the holy fathers, monks, and enjoy their poffeffions without interrup- friars, had in their confeffions, and spetion, in a regular courfe of defcent, the cially in their extreme and deadly fickcommon law, of which cuftom is the nefs, convinced the laity how dangerous life, now gave them title to prefcribe a practice it was, for one Chriftian man against the lords; and, on performance to hold another in bondage: fo that of the fame fervices, to hold their lands, temporal men by little and little, by in fpite of any determination of the reafon of that terror in their confcien lord's will. For, though in general ces, were glad to manumit all their vil they are still faid to hold their eftates at leins. But the faid holy fathers, with the will of the lord, yet it is fuch a will the abbots and priors, did not in like as is agreeable to the custom of the ma- fort by theirs; for they alfo had a fcruple nor; which cuftoms are preferved and in confcience to empoverish and defpoil evidenced by the rolls of the feveral the church fo much, as to manumit courts baron in which they are entered, fuch as were bond to their churches, or kept on foot by the conftant imme- or to the manors which the church had morial ufage of the feveral manors in gotten; and fo kept their villeins ftill." which the lands lie. And, as fuch tee- By thefe feveral means the generality nants had nothing to fhew for their of villeins in the kingdom have long eftates but thefe customs, and admiffions ago fprouted up into copyholders: their in pursuance of them, entered on thofe perfons being enfranchifed by manurolls, or the copies of fuch entries wit- miffion or long acquiefcence; but their neffed by the fteward, they now began eftates, in ftrictnefs, remaining fubject to be called tenants by copy of court to the fame fervile conditions and forroll,' and their tenure itself a copy- feitures as before; though, in general, hold. the villein services are ufually commuted for a fmall pecuniary quit-rent. Thus copyhold tenures, as Sir Edward Coke obferves, although very meanly defcended, yet come of an ancient house; for, from what has been As a farther confequence of what has .been premifed, we may collect these two main principles, which are held to Z z be be the fupporters of a copyhold tenure, and without which it cannot exist: 1. That the lands be parcel of, and fituate within, that manor, under which it is held; 2. That they have been demised, or demiseable, by copy of court roll immemorially. For immemorial cuftom is the life of all tenures by copy: fo that no new copyhold can, ftrictly fpeaking, be granted at this day. In fome manors, where the custom hath been to permit the heir to fucceed the ancestor in his tenure, the estates are ftyled copyholds of inheritance; in others, where the lords have been more vigilant to maintain their rights, they remain copyholds for life only for the cuftom of the manor has in both cafes fo far fuperfeded the will of the lord, that, provided the fervices be performed or ftipulated for by fealty, he cannot, in the first inftance, refufe to admit the heir of his tenant upon his death; nor, in the fecond, can he remove his prefent tenant fo long as he lives, though he holds nominally by the precarious tenure of his lord's will. The fruits and appendages of a copy hold tenure, that it hath in common with free tenures, are fealty, fervices (as well in rents as otherwife) reliefs, and efcheats. The two latter belong only to copyholds of inheritance; the former to those for life alfo. But, befides thefe, copyholds have alfo heriots, wardship, and fines. Heriots, which I think are agreed to be a Danish cuftom, are a render of the best beast or other good (as the custom may be) to the lord on the death of the tenant. This is plainly a relic of villein tenure; there being originally lefs hardship in it, when all the goods and chattels belonged to the lord, and he might have feized them even in the villein's lifetime. These are incident to both fpecies of copyhold; but wardship and fines to thofe of inheritance only. Wardfhip, in copyhold eftates, partakes both of that in chivalry and that in focage. Like that in chivalry, the lord is the legal guardian, who ufually affigns fome relation of the infant tenant to act in his ftead and he, like guardian in focage, is accountable to his ward for the. profits. Of fines, fome are in the nature : of primer feifins, duc on the death of each tenant, others are mere fines for alienation of the lands; in fome manors only one of these forts can be demanded, in fome both, and in others neither. They are fometimes arbitrary and at the will of the lord, fometimes fixed by custom but, even when arbitrary, the courts of law, in favour of the liberty of copyholders, have tied them down to be reafonable in their extent; otherwife they might amount to a difherifon of the estate. No fine therefore is allowed to be taken upon defcents and alienations (unless in particular circumftances) of more than two years improved value of the eftate. From this inftance we may judge of the favourable difpofition, that the law of England (which is a law of liberty) hath always fhewn to this fpecies of tenants; by removing, as far as poffible, every real badge of flavery from them, however fome nominal ones may continue. It fuffered cuftom very early to get the better of the exprefs terms upon which they held their lands; by declaring, that the will of the lord was to be interpreted by the cuftom of the manor: and, where no cuftom has been fuffered to grow up to the prejudice of the lord, as in this cafe of arbitrary fines, the law itfelf interpofes in an equitable method, and will not fuffer the lord to extendhis power fo far as to difinherit the tenant. Blackstone's Commentaries. § 61. Hard Words defended. Few faults of ftyle, whether real or imaginary, excite the malignity of a more numerous clafs of readers, than the ufe of hard words. If an author be fuppofed to involve his thoughts in voluntary obfcurity, and to obftruct, by unneceffary difficulties, a mind eager in purfuit of truth; if he writes not to make others learned, but to boast the learning which he poffeffes himself, and wishes to be admired rather than understood, he counteracts the firft end of writing, and justly fuffers the utmost severity of cenfure, or the more afflictive severity of neglect. But words are only hard to those who do not understand them, and the critic ought ought always to enquire, whether he is incommoded by the fault of the writer, or by his own. Every author does not write for every reader; many questions are fuch as the illiterate part of mankind can have neither intereft nor pleasure in difcuffing, and which therefore it would be an ufelefs endeavour to level with common minds, by tirefome circumlocutions or laborious explanations; and many fub. jects of general ufe may be treated in a different manner, as the book is intended for the learned or the ignorant. Diffufion and explication are neceffary to the inftruction of those who, being neither able nor accustomed to think for themselves, can learn only what is exprefsly taught;, but they who can form parallels, difcover confequences, and multiply conclufions, are beft pleafed with involution of argument and compreffion of thought; they defire on ly to receive the feeds of knowledge which they may branch out by their own power, to have the way to truth pointed out which they can then follow without a guide. The Guardian directs one of his pupils" to think with the wife, but fpeak with the vulgar." This is a precept fpecious enough, but not always practicable. Difference of thoughts will produce difference of language. He that thinks with more extent than another will want words of larger meaning; he that thinks with more fub. tilty will feek for terms of more nice difcrimination; and where is the wonder, fince words are but the images of things, that he who never knew the originals should not know the copies? Yet vanity inclines us to find faults any where rather than in ourselves. He that reads and grows wifer, feldom fufpects his own deficiency; but complains of hard words and obfcure fenfentences, and afks why books are written which cannot be understood. Among the hard words which are no longer to be used, it has been long the custom to number terms of art. Every man (fays Swift) is more able to explain the fubject of an art than its profeffors; a farmer will tell you, in two words, that he has broken his leg; but a fur geon, after a long discourse, shall leave you as ignorant as you were before." This could only have been faid but by fuch an exact obferver of life, in gratification of malignity, or in oftentation of acutenefs. Every hour produces inftances of the neceffity of terms of art. Mankind could never confpire in uni form affectation; it is not but by neceffity that every fcience and every trade has its peculiar language. They that content themselves with general ideas may reft in general terms; but thofe whofe ftudies or employments force them upon clofer infpection, muft have names for particular parts, and words by which they may exprefs various modes of combination, fuch as none but themfelves have occafion to confider. Artists are indeed fometimes ready to fuppofe that none can be ftrangers to words to which them felves are familiar, talk to an incidental enquirer as they talk to one another, and make their knowledge ridiculous by injudicious obtrufion. An art cannot be taught but by its proper terms, but it is not always neceffary to teach the art. That the vulgar exprefs their thoughts clearly is far from true; and what perfpicuity can be found among them proceeds not from the eafinefs of their language, but the fhallowness of their thoughts. He that fees a building as a common fpectator, contents himself with relating that it is great or little, mean or fplendid, lofty or low; all thefe words are intelligible and common, but they convey no diftinct or limited ideas; if he attempts, without the terms of architecture, to delineate the parts, or enumerate the ornaments, his narration at once becomes unintelligible. The terms, indeed, generally difpleafe, becaufe they are understood by few; but they are little understood only because few, that look upon an edifice, examine its parts, or analyfe its columns into their members. The ftate of every other art is the fame; as it is curforily furveyed or accurately examined, different forms of expreflion become proper. In morality it is one thing to difcufs the niceties of the cafuift, and another to direct the practice of common life. In agriculture, Z z 2 he |