Manorial Documents Introduction The records of a manor may stretch from the 19th century back to the 14th. They contain a wealth of information useful for genealogy as they may give family names and relationships for two centuries before parish registers begin. The surrenders and admissions to holdings recorded in manorial court rolls and books include information on deaths of tenants and the succession of their heirs. Manorial rentals (listing the rent charge upon each tenant) and surveys include lists of both copyhold and freehold tenants. Manor court records are a rich source for studying patterns of power and authority and social and economic interactions in local communities. They are equally significant for those studying property, landscape and environmental history. Land-holdings and field-names can often be traced back through the records While the earlier documents contain details of everyday farming. Manorial records are often under-used, partly because they can be difficult to read. However, because they are so standardised, use can be made of them even without expert knowledge. What is a Manor? The manor developed as part of the feudal system, and was the main form of local administration in most parts of England and Wales in the middle ages (and in much of Europe as well). It had judicial and administrative functions, and organised the agricultural and economic life of the community. In 13th century England there was a shift from oral to written procedures in manorial courts; a transition which did not occur in other European countries. English manors generated an unparalleled quantity of documentation as a result, that for the eastern counties being particularly abundant. Suffolk’s geological diversity had a direct impact on the way its manorial structure developed over time. In north-west Suffolk an area of gorse-covered sandy heathland, known as the Fielding, Breck or Breckland was difficult to cultivate resulting in a relatively sparse, dispersed population characterised by a high proportion of unfree tenants. The abbeys of Bury St Edmunds and Ely had a large number of manors, and maintained servile workforces to work their demesne land cheaply. Given the difficulties of arable farming, tenants gave up their freedoms in return for the security of belonging to a larger estate. The sandy, porous soil proved to be an ideal habitat for sheep and breeding rabbits and Suffolk’s Breckland manors maintained the largest concentration of warrens in England, supplying the mercantile elite of London with rabbit meat and fur during the late 14th century. The fertile soils of the High Suffolk, or the Woodlands, band of glacial clay lands stretching across the central two-thirds of Suffolk supported a greater population and encouraged the development of a dense network of small manors and a significant proportion of independent 1 Information For Searchers No. 56 Revised November 2014 freemen. Medieval piecemeal enclosure of the open fields produced a characteristic woodpasture landscape of small fields surrounded by dense hedges with hedge-row trees. After the Black Death in 1348, living standards rose encouraging wider consumption of dairy produce and meat, and greater demand for wool and hides. Fields were therefore converted from arable to pastoral farming. The Sandlings or Sandlands coastal strip was used for grazing sheep and rabbits and growing corn. The sheer quantity of surviving medieval court records and accounts of coastal manors such as Covehithe and Easton Bavents reveal that these now relatively isolated and sparsely populated areas were once thriving and densely populated. In many places Suffolk’s manorial structure fostered commercial and trading activities so the inhabitants of many market towns did not need to pursue full borough status, which may explain the relative lack of borough foundations. Market towns developed on main roads and in relation to coastal and riverine traffic particularly in the 13th century; as Lords of the manor wishing to profit from increased economic activity petitioned the Crown for the right to hold a th weekly market. An annual fair was often granted in the same charter. By the 15 century, Suffolk was a fairly wealthy county by national standards. It contained a large number of small market towns and demonstrated signs of advanced commercialisation. The boundaries of a manor were seldom the same as those of the parish. One parish might contain more than one manor; one manor might stretch into several parishes . There might be separate ‘islands’ of land belonging to one manor, surrounded by another manor. These outlying parts are the ‘members’ referred to in the names of some manors. Maps of manors are rare, but if surveys and rentals survive, it may be possible to reconstruct the boundaries of a manor. The manor did not consist only of land. Its value included rights to such things as labour service, minerals, agricultural produce and, in coastal districts, wrecks. These rights were different for every manor. The name of a manor might be the same as that of the place (e.g. the manor of Lowestoft). Or it might be taken from the name of a former owner (e.g. the manor of Stalham’s in Lound), or of the manor house (e.g. the manor of Caldecot Hall in Fritton). The Lord of the Manor might live locally, and take an active interest in running it. Or he might be a magnate who lived elsewhere and held numerous manors. Some manors were owned by the crown; the monarch probably knew little about such mundane matters. Manors could also be owned by colleges, corporations, or religious houses. As society developed away from feudalism, the manor gradually lost its importance. Many of its functions were taken over by the parish, the JPs, the Quarter Sessions, and private landlords. By the 19th century, manors were little more than a form of land tenure. They were felt to be anomalous and inefficient. Enfranchisement, i.e. conversion to freehold, was permitted by an Act in 1841. The 1922 Law of Property Act abolished copyhold tenure. All remaining copyhold land was enfranchised on 1 January 1926. A few manors or lordships may still retain residual manorial rights/‘manorial incidents’. The main manorial rights are: sporting rights, rights to mines or minerals, waste or commons, but in general a manorial lordship has no value today other than its curiosity value. The owner of a manor is ‘So-and-so, Lord/Lady of the Manor of X’. A manorial lordship is not a peerage, so they are not ‘Lord/Lady So-and-so’. The only exception is the Lordship of an Honour, which is a large group of manors. In Suffolk there are the Honour of Clare and the Honour of Eye. The owner of an Honour is Lord/Lady So-and-so, but is not a peer. 2 Information For Searchers No. 56 Revised November 2014 Law of Property Acts, Manorial Documents Rules, the Manorial Documents Register (MDR) and access to manorial records Proof of title to former copyhold land is in many cases contained within the books and rolls of manorial courts, so it is essential these original records are preserved and people know where to find them. The Law of Property (Amendment) Act 1924 placed manorial records under the superintendence of the Master of the Rolls, who issues rules about their care. The Manorial Documents Register (MDR) was set up 1926 as the official record of manorial documents across England and Wales. It was originally intended for the use of lawyers and landholders wanting to prove title to property. Any manorial documents are subject to the Manorial Documents Rules 1959, The Manorial Documents Amendment Rules 1963 and the Manorial Documents Amendment Rules 1967. The most important provisions of these are as follows: No manorial documents may be removed from England and Wales without the permission of the Master of the Rolls. In practice this is never granted. Owners or custodians of manorial documents are under an obligation to provide the Secretary of The National Archives: Historical Manuscripts Commission with brief details of any documents in their possession for inclusion in the Manorial Documents Register (MDR). Any change in ownership of manorial records must be notified to him/her. The Manorial Rules state that if a lord of the manor intends to remove manorial documents from a record office he/she should give the Secretary of The National Archives: Historical Manuscripts Commission three months written notice of the intention giving details of the documents and where they are going to be removed to. Owners or custodians are required to ensure that any manorial documents for which they are responsible are kept under safe and proper conditions. Should the Secretary of The National Archives: Historical Manuscripts Commission not be satisfied with the conditions in which documents are being stored he/she can direct the owner to place the documents on deposit in a repository which has been approved for this purpose. This will normally be the appropriate local record office. The keeper of the manorial records i.e. the Suffolk Record Office cannot, without the consent of the Master of the Rolls sic The National Archives (TNA), permit any documents to pass out of its custody. Suffolk Record Office does not restrict access to manorial records. However, the only people who actually have a legal right of access to manorial records under the 1922 Law of Property Act are (a) lords of manors, and (b) people with an interest in former copyhold land (‘interest’ in the sense of a legal claim). The Manorial Documents Rules say the controlling authority of the record repository shall permit manorial documents to be inspected at all reasonable times by any person interested in land enfranchisement by or under the copyhold act 1894(a) or the Law of Property Act 1922 and shall permit the taking of copies of such documents and shall also with the consent of the lord of the manor permit the inspection of manorial documents and the taking of copies thereof for the purpose of historical research. The original MDR was located at TNA, but its format in loose leaf binders meant that it could only be accessed on site. This valuable historical resource, which brings together information about records scattered across disparate repositories was therefore an obvious choice for the creation of an online database. The development of the database for each county provided an opportunity to check and update the register. 3 Information For Searchers No. 56 Revised November 2014 The revision of the Suffolk MDR involved checking the accuracy of known data, box-listing records in uncatalogued collections and contacting repositories and private owners to locate and verify documents held outside Suffolk Record Office. What are manorial records? Manorial documents, as covered by the rules of the Master of the Rolls are the ‘court rolls, surveys, maps, terriers, documents and books of every description relating to the boundaries, wastes, customs or courts of a manor’. In other words, records of manorial business and of the rights and dues of the lord. There are two other kinds of records, which do not count as manorial records under the Manorial Documents Rules. First, there are evidences of title to the manor itself. The manor could be conveyed by deed, just as land could. These deeds will often be found in family and estate collections. Second, there are ‘copies of court roll’. These are copies of entries in the court rolls or court books. The copies were issued to tenants as evidence of title, which is why these tenures are called copyhold. They will often be found in deed bundles in private collections. The Lord of a Manor owns manorial records originating during the time of his lordship. He does not own manorial records originating before his lordship unless they have been specifically conveyed to him. Where are manorial records kept? Manorial records are private, rather than 'public' records and those for any given manor may be held in several different locations. Many manorial records are now in local record offices, as part of estate or solicitors’ collections. Around 70% of Suffolk’s identified manorial records are held by the three branches of Suffolk Record Office, within 543 separate collections. The remainder are split between TNA, the British Library, other publicly funded repositories, and private individuals or organisations or their solicitors. TNA holds records relating to manors formerly held by the Crown and 19th-20th century records of enfranchisements and of extinguishment of manorial ‘incidents’ (dues). More detailed information about their holdings can be found on http://www.nationalarchives.gov.uk/records/researchguides/manorial-records.htm How to find manorial records in Suffolk Record Office The Manorial Documents Database accessible through TNA website www.nationalarchives.gov.uk/mdr/ is the best place to start any search. Almost 17,000 entries describing the records of 776 Suffolk manors were input into the database - more than doubling the number of entries on the original MDR paper register. This is a guide to the location of manorial records (as far as this is known). It is not a register of title to lordships. Using manorial records Some use can be made of manorial records without any background knowledge. Researchers can search for the names of ancestors or places, and then ask for expert help in interpreting the entries. Suffolk Record Office would charge for such help if it was time-consuming. However, even a basic knowledge of manorial business, especially land tenure, can greatly increase the information and 4 Information For Searchers No. 56 Revised November 2014 enjoyment to be gained. It is simplest to start learning with post-1733 examples, as these are in English. You can then go back to the earlier ones, which are in Latin, but follow a similar pattern. Manorial land tenure This is a vast subject, but a lot can be achieved by recognising the basic pattern of conveyancing. This was based on the admission and the surrender. When somebody became the tenant of copyhold land, they were admitted to it by the lord of the manor. When they gave up their tenancy, they surrendered the land back into his hands. Tenants could say whom they wanted the copyhold to go to, so in effect this was like a conveyance. Someone who wanted to bequeath a copyhold tenancy first had to make a surrender to the uses of his/her will. The heir would be summoned by up to three proclamations which would be recorded in the court proceedings. A conditional surrender was a mortgage. Most land held of a manor was originally held by customary tenure. Customary tenure could be held by inheritance, or for life/lives. Most customary tenures were copyhold, because tenants were given copies of court roll as proof of title. Some manorial holdings were, rather confusingly, freehold, not copyhold (especially from the 16th century onwards). When the lord of the manor re-granted land from one tenant to another, he received a fine. When a tenant died, the lord received a heriot (commonly the dead tenant’s best beast); when a tenant’s heirs were admitted to copyhold land, they paid a relief. There were various other payments, but these gradually fell into disuse. This was also the case with labour services, which were important in the middle ages. The manor courts The manor and its courts followed customary law. This determined the rights of the lord and his tenants, the level of fines and other payments, and rules of inheritance. For instance, inheritance of copyhold tenure was often by primogeniture, but could also be by Borough English (youngest son inherits) or by gavelkind (shared by the sons, or daughters if there were no sons). Manorial customs differed from place to place. The main court was known by the 15th century as the court baron. The main officers of the manor were the steward who presided over the court and kept the records; and the bailiff, who ran the estate. There might be a reeve who was usually a tenant, and acted as foreman. Other posts, such as constable and the hayward (who guarded the corn in the field and oversaw the harvest), came to be replaced by parish officers. In Suffolk warreners were amongst the highest paid manorial officials. Much of the court business was done by presentments (reports of accusations). Some were made by manorial officials, others by the manorial jury or by one tenant against another. Essoins are excuses or apologies for absence from the court. Amercements or misericorida were sums levied by the court for offences. Fines or customary payments were imposed by the manorial court including for admission to property, or other specific activities e.g. merchet for the marriage of a daughter of a tenant, childwite, (levied on women who gave birth out of wedlock), chevage, (a fine on the departure of unfree tenants from the manor to live elsewhere, enter holy orders etc), scutage (payment in lieu of military service).. The court could temporarily confiscate land and or goods to enforce its decision or recover a debt which was known as distraint. 5 Information For Searchers No. 56 Revised November 2014 Notes on the different types of records The formal business of a manor was recorded in the court rolls and court books. Books tended to th replace rolls in about the 17 century. Conveyancing was often done between two court sittings, but would still be recorded in the rolls or books. Many manors had the right to hold the View of Frankpledge, a system of mutual assurance of good behaviour. This was generally administered in the court leet which was the lowest criminal court and had the right to deal with minor cases such as assault, trespasses by tenants’ animals on to the lord’s crops etc. This court also maintained the assize of bread and ale ensuring that the bakers and brewers in the manor met the quality required and regulated the price. Wreck courts heard claims mainly made by fishermen, for items they found floating on the sea and resolved disputes over fishing rights and contracts. The main proceedings of fair courts (courts of pie powder) involved the renting and upkeep of stalls and shops and creditors pressing for the payment of debts. The presentments to market courts included the selling of bad meat and forestalling which was the buying up of goods before they reached an open market, to sell on at a profit. Forestallers often acted in collusion with travelling producers or traders. The seller profited by not having to pay tolls; the forestaller made money on the higher urban price and usually did not have to pay tolls in their own town. Forestalling led to suspicion from authorities and, accusations of heightened prices. Other records include: Survey - a written description of property. Extent - a survey including valuation originally produced to enable lords to maximise their income from their lands. These include details of rents, labour services or ‘works’ owed by tenants. With the decline of customary services the extent evolved into a topographical description of manorial lands and property and was often drawn up by a new owner to establish the exact value of their possessions. Terrier - a ‘description of lands that follows a topographical arrangement’ and goes through the fields and meadows parcel by parcel. Rental - a list of tenants summarising the rent charge on each tenant, whether in cash, kind or services (boonwork). Rentals can show tenants holding both free and unfree land. Custumal – a list of the various tenurial arrangements or ‘customs’ of the manor: the rents, services and obligations owed by tenants to the lord of the manor, and also the rights and obligations of the lord. Customs sometimes rested on oral testimony. After the demise of these obligations custumals were no longer required. Byelaws - set down by manor court juries in order to maintain ‘good neighbourhood’. They often concerned the use of common land, where conflict over the exercise of rights was particularly frequent. Some byelaws occurred in many manors across Suffolk e.g. those concerning the pasturing of animals. Others were more specific to local conditions. Maps – or plans of manors or parts of manors are rare prior to the 16th century. Accounts - a compotus was an account kept by a manorial official. They followed a set pattern in which every charge (income) and discharge (expenditure) was listed. More detailed accounting information was recorded in subsidiary memoranda, rare survivals of which are sewn as attachments to the final accounts. Estreat roll – list of entries from the court roll or presentments made at a particular court for which payments had to be collected. 6 Information For Searchers No. 56 Revised November 2014 Bibliography The Manors of Suffolk by W A Copinger (1905). 7 volumes, with separate index volume, 1965. A comprehensive list and history, compiled mainly from sources in TNA, (see the introduction to the index volume for cautions on using this work.) Using Manorial Records by Mary Ellis (PRO/RCHM 1994) Manorial Records by P D A Harvey (British Records Association, 1999). A detailed account of the manorial system and its records. How to Locate and Use Manorial Records by Patrick Palgrave-Moore (Elvery Dowers 1985) My Ancestors were Manorial Tenants by Peter B Park (Society of Genealogists 1990) Manorial Records by Denis Stuart (Phillimore 1992) Primarily a guide to deciphering the records. The English Manor c1200-c1500 by Mark Bailey (Manchester University Press 2002) Bury Record Office, 77 Raingate Street, Bury St Edmunds, IP33 2AR Telephone: 01284 741212 Email: [email protected] Ipswich Record Office, Gatacre Road, Ipswich, IP1 2LQ Telephone: 01473 263909 Fax: 01473 263904 Email: [email protected] Lowestoft Record Office, Clapham Road, Lowestoft, NR32 1DR Telephone: 01502 674680 Fax: 01502 674679 Email: [email protected] Suffolk Record Office web site: http://www.suffolk.gov.uk/sro Suffolk Heritage Direct website: http://www.suffolkheritagedirect.org.uk 7 Information For Searchers No. 56 Revised November 2014
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