In the reign of Edward III. a case occured in which the entry of a lord on
his copyholder was adjudged lawful, _because he did not do his services_,
by which he broke the custom of the manor, which seems to show that even
at that time the lord could not have ejected his tenant without a cause.
And later, in the reign of Edward IV., the judges gave to copyholders a
certainty of tenure by allowing them an action of trespass on ejectment by
their lords without just cause. "Now," says Sir Edward Coke, "copyholders
stand upon a sure ground; now they weigh not their lord's displeasure;
they shake not at every sudden blast of wind; they eat, drink, and sleep
securely; only having a special care of the main chance, namely, to
perform carefully what duties and services soever their tenure doth exact
and custom doth require; then let lord frown, the copyholder cares not,
knowing himself safe."
In the present day a copyholder has as good a title as a freeholder; in
some respects a better; for all the transactions relating to the
conveyance of copyholds are entered on the court rolls of the manor, and
thus a record is preserved of the title of all the tenants.
Since the passing of the statute of _Quia Emptores_, 18 Edward I., it has
not been lawful to create a tenure of an estate in fee simple; so that
every manor bears date at least as far back as that reign; to this rule
the few seignories, which may have been subsequently created by the king's
tenants in capite, form the only exception.
The name "manor" is of Norman origin, but the estate to which it was given
existed, in its essential character, long before the Conquest; it received
a new name as the shire also did, but neither the one nor the other was
created by this change. The local jurisdiction of the thegns who had
grants of sac and soc, or who exercised judicial functions amongst their
free neighbours, were identical with the manorial jurisdictions of the new
owners.
Although long continued custom has now rendered copyholders quite
independent of the will of the lords, yet all copyholds, properly so
called, are still expressly stated, in the court rolls of manors, to be
holden at the will of the lord; and, more than this, estates in copyholds
are still liable to some of the incidents of mere estates at will.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account