As a farther conſequence of what has been premiſed, we may collect theſe two main principles, which are held[1] to be the ſupporters of a copyhold tenure, and without which it cannot exiſt; 1. That the lands be parcel of, and ſituate within, that manor, under which it is held. 2. That they have been demiſed, or demiſable, by copy of court roll immemorially. For immemorial cuſtom is the life of all tenures by copy; ſo that no new copyhold can, ſtrictly ſpeaking, be granted at this day.
In ſome manors, where the cuſtom hath been to permit the heir to ſucceed the anceſtor in his tenure, the eſtates are ſtiled copyholds of inheritance; in others, where the lords have been more vigilant to maintain their rights, they remain copyholds for life only: for the cuſtom of the manor has in both caſes ſo far ſuperſeded the will of the lord, that, provided the ſervices be performed or ſtipulated for by fealty, he cannot, in the firſt inſtance, refuſe to admit the heir of his tenant upon his death; nor, in the ſecond, can he remove his preſent tenant ſo long as he lives, though he holds nominally by the precarious tenure of his lord's will.
The fruits and appendages of a copyhold tenure, that it hath in common with free tenures, are fealty, ſervices, (as well in rents as otherwiſe) reliefs, and eſcheats. The two latter belong only to copyholds of inheritance; the former to thoſe for life only. But, beſides theſe, copyholds have alſo heriots, wardſhip, and fines. Heriots, which I think are agreed to be a Daniſh cuſtom, and of which we ſhall ſay more hereafter, are a render of the beſt beaſt or other good (as the cuſtom may be) to the lord on the death of the tenant. This is plainly a relic of villein tenure; there being originally leſs hardſhip in it, when all the goods and chattels belonged to the lord, and he might have ſeiſed them even in the villein's lifetime. Theſe are incident to both ſpecies of copyhold; but wardſhip and fines to thoſe of inheritance only.
- ↑ Co. Litt. 58.
