In some manors the villeins were allowed to have life interests, but these
grants were not extended so as to admit any of their children. Hence arose
copyholds for life. Again, in other manors a much greater degree of
liberality was shown by the lords; and on the death of a tenant, the lord
permitted his eldest son, or indeed sometimes all his sons, or sometimes
the youngest only, and afterwards other relations to succeed him by way of
heirship; for which privilege, however, the payment of a fine was usually
required on the admittance of the heir to the tenancy. Frequently it
happened that the course of descent of estates of freehold was chosen as
the model for such inheritances; but in many cases dispositions of the
most capricious kind were adopted by the lord of the manor, and in course
of time actually became the custom of the manor. And thus it was that
copyholds of inheritance arose. Again, if a villein tenant wished to part
with his own parcel of land to some other of his fellows, the lord would
allow him to _surrender_ or yield up again the land, and then, on the
payment of a fine, would indulgently _admit_ as his tenant, on the same
terms, the other, to whose use and in whose favour the surrender had been
made. Thus arose the method now prevalent at the present day, of conveying
copyholds by _surrender_ into the hands of the lord of the manor to the
use of the purchaser, and the subsequent admittance of the latter. By long
custom and continued indulgence that which at first was a pure favour
gradually grew up into a right, and thus it came to pass that the will of
the lord, which had of course originated the custom, came at last to be
controlled by it.[4]
The rise of the copyholder from a state of uncertainty to certainty of
tenure appears to have been very gradual. Britton, who wrote in the reign
of Edward I., thus describes this tenure under the name of Villeinage.
"Villeinage is to hold part of the demesnes of any lord entrusted to hold
at his will by villein services to improve for the advantage of the lord."
And he further adds that "In manors of ancient demesne there were pure
villeins of blood and of tenure, who might be ousted of their tenements at
the will of their lord."
Public-domain text, read in full here on John Shaqi.
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