One of the most curious incidents of the tenure is the right of the lord,
on the death of a tenant, to seize the tenant's best beast, horse, or
other chattel under the name of a heriot. Now it would appear that heriots
were introduced into England by the Danes. The heriot of a military tenant
was his arms and habiliments of war, which belonged to the lord for the
purpose of equipping his successor. And it would seem that in analogy to
this purely feudal custom, the lords of manors usually expected that the
best beast or other chattel of each tenant, whether he were a freeman or a
villein, should on his death be left to them. In old wills of copyholders
we constantly find this legacy to the lord of the manor the first bequest
mentioned: in fact the tenant really making a bounty of what was actually
an obligation. In cases where the tenant died intestate the heriot of the
lord was taken in the first place out of his effects, unless indeed the
lord seized the whole of the goods, which not unfrequently happened in
days before custom had so completely controlled the rights of the lord,
and at the same time protected the interests of the tenant. Heriots
survive to this day in many manors, a true badge of the ancient servility
of the tenure. Now, however, the right of the lord is confined to such a
chattel as the custom of the manor, grown into a law, will permit him to
take; and in most cases the heriot consists not of a chattel at all, but
merely of a money payment.
The mode in which copyhold land is transferred from one person to another
still retains much of the primitive simplicity of bygone ages. The
copyholder personally surrenders the lands into the hands of the lord,
generally through his steward, and this surrender is evidenced by the
delivery of some article varying according to the custom of the particular
manor: in some manors the surrender is effected by the delivery of a rod,
in others of a straw, and again in others by a glove. The surrender having
been duly effected, the purchaser is admitted, and the various documents
used are all entered upon the court rolls of the manor. The steward is the
person who makes the entries on the court rolls, and they are kept in his
custody, but subject however to the right of the tenants to inspect them.
The steward also usually presides at the copyhold courts of the manor.
Public-domain text, read in full here on John Shaqi.
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