Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/103

 Ch. 6. hence have arien all the freehold tenants which hold of particular manors, and owe uit and ervice to the ame. The other pecies was called folk-land, which was held by no aurance in writing, but ditributed among the common folk or people at the pleaure of the lord, and reumed at his dicretion; being indeed land held in villenage, which we hall preently decribe more at large. The reidue of the manor, being uncultivated, was termed the lord's wate, and erved for public roads, and for common of pature to the lord and his tenants. Manors were formerly called baronies, as they till are lordhips: and each lord or baron was empowered to hold a dometic court, called the court-baron, for redreing midemenors and nuances within the manor, and for ettling diputes of property among the tenants. This court is an ineparable ingredient of every manor; and if the number of uitors hould o fail, as not to leave ufficient to make a jury or homage, that is, two tenants at the leat, the manor itelf is lot.

the tatute of quia emptores, 18 Edw. I. the king's greater barons, who had a large extent of territory held under the crown, granted out frequently maller manors to inferior perons to be held of themelves; which do therefore now continue to be held under a uperior lord, who is called in uch caes the lord paramount over all thee manors: and his eignory is frequently termed an honour, not a manor, epecially if it hath belonged to an antient feodal baron, or hath been at any time in the hands of the crown. In imitation whereof, thee inferior lords began to carve out and grant to others till more minute etates, to be held as of themelves, and were o proceeding downwards in infinitum; till the uperior lords oberved, that by this method of ubinfeudation they lot all their feodal profits, of wardhips, marriages, and echeats, which fell into the hands of thee mene or middle lords, who were the immediate uperiors of the terre-tenant, or him who occupied the land. This occaioned the tatute of Wetm. 3. or quia emptores, 18 Edw. I. to be made; which directs, that, upon all ales or feoffments of land, the feoffee Rh