Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/102

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90
The Rights
Book II.

Thus much for the two grand ſpecies of tenure, under which almoſt all the free lands of the kingdom were holden till the reſtoration in 1660, when the former was aboliſhed and ſunk into the latter: ſo that lands of both ſorts are now holden by the one univerſal tenure of free and common ſocage.

The other grand diviſion of tenure, mentioned by Bracton as cited in the preceding chapter, is that of villenage, as contradiſtinguiſhed from liberum tenementum, or frank tenure. And this (we may remember) he ſubdivides into two claſſes, pure, and privileged, villenage: from whence have ariſen two other ſpecies of our modern tenures.

III. From the tenure of pure villenage have ſprung our preſent copyhold tenures, or tenure by copy of court roll at the will of the lord; in order to obtain a clear idea of which, it will be previouſly neceſſary to take a ſhort view of the original and nature of manors.

Manors are in ſubſtance as antient as the Saxon conſtitution, though perhaps differing a little, in ſome immaterial circumſtances, from thoſe that exiſt at this day[1]: juſt as we obſerved of feuds, that they were partly known to our anceſtors, even before the Norman conqueſt. A manor, manerium, a manendo, becauſe the uſual reſidence of the owner, ſeems to have been a diſtrict of ground, held by lords or great perſonages; who kept in their own hands ſo much land as was neceſſary for the uſe of their families, which were called terrae dominicales, or demeſne lands; being occupied by the lord, or dominus manerii, and his ſervants. The other tenemental lands they diſtributed among their tenants; which from the different modes of tenure were called and diſtinguiſhed by two different names. Firſt, book-land, or charter-land, which was held by deed under certain rents and free ſervices, and in effect differed nothing from free ſocage lands[2]; and from

  1. Co. Cop. §. 2, § 10.
  2. Co. Cop. §. 3.
hence