copyholds: yet with this difference[1], that, in theſe ſurrenders of lands in antient demeſne of frank tenure, it is not uſed to ſay "to hold at the will of the lord" in their copies, but only "to hold according to the cuſtom of the manor."
Thus have we taken a compendious view of the principal and fundamental points of the doctrine of tenures, both antient and modern, in which we cannot but remark the mutual connexion and dependence that all of them have upon each other. And upon the whole it appears, that, whatever changes and alterations theſe tenures have in proceſs of time undergone, from the Saxon aera to the 12 Car. II. all lay tenures are now in effect reduced to two ſpecies; free tenure in common ſocage; and baſe tenure by copy of court roll.
I mentioned lay tenures only; becauſe there is ſtill behind one other ſpecies of tenure, reſerved by the ſtatute of Charles II, which is of a ſpiritual nature, and called the tenure in frankalmoign.
V. Tenure in frankalmoign, in libera eleemoſyna, or free alms, is that, whereby a religious corporation, aggregate or ſole, holdeth lands of the donor to them and their ſucceſſors for ever[2]. The ſervice, which they were bound to render for theſe lands was not certainly defined; but only in general to pray for the ſouls of the donor and his heirs, dead or alive; and therefore they did no fealty, (which is incident to all other ſervices but this[3]) becauſe this divine ſervice was of a higher and more exalted nature[4]. This is the tenure, by which almoſt all the antient monaſteries and religious houſes held their lands; and by which the parochial clergy, and very many eccleſiaſtical and eleemoſynary foundations, hold them at this day[5]; the nature of the ſervice being upon the reformation altered, and made conformable to the purer doctrines
