Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/159

From Wikisource
Jump to navigation Jump to search
This page has been proofread, but needs to be validated.
Ch. 9.
of Things.
147

before-mentioned; and, by a parity of reaſon, the leſſee after the determination of the leſſor's will, ſhall have reaſonable ingreſs and egreſs to fetch away his goods and utenſils[1]. And, if rent be payable quarterly or half-yearly, and the leſſee determines the will, the rent ſhall be paid to the end of the current quarter or half-year[2]. And, upon the ſame principle, courts of law have of late years leant as much as poſſible againſt conſtruing demiſes, where no certain term is mentioned, to be tenancies at will; but have rather held them to be tenancies from year to year ſo long as both parties pleaſe, eſpecially where an annual rent is reſerved: in which caſe they will not ſuffer either party to determine the tenancy even at the end of the year, without reaſonable notice to the other.

There is one ſpecies of eſtates at will, that deſerves a more particular regard than any others and that is, an eſtate held by copy of court roll; or, as we uſually call it, a copyhold eſtate. This, as was before obſerved[3], was in it's original and foundation nothing better than a mere eſtate at will. But, the kindneſs and indulgence of ſucceſſive lords of manors having permitted theſe eſtates to be enjoyed by the tenants and their heirs, according to particular cuſtoms eſtabliſhed in their reſpective diſtricts; therefore, though they ſtill are held at the will of the lord, and ſo are in general expreſſed in the court rolls to be, yet that will is qualified, reſtrained, and limited, to be exerted according to the cuſtom of the manor. This cuſtom, being ſuffered to grow up by the lord, is looked upon as the evidence and interpreter of his will: his will is no longer arbitrary and precarious; but fixed and aſcertained by the cuſtom to be the ſame, and no other, that has time out of mind been exerciſed and declared by his anceſtors. A copyhold tenant is therefore now full as properly a tenant by the cuſtom, as a tenant at will, the cuſtom having ariſen from a ſeries of uniform wills. And therefore it is rightly obſerved by Calthorpe[4], that "copyholders and cuſtomary tenants differ not

  1. Litt. §. 69.
  2. Salk. 414. 1 Sid. 339.
  3. pag. 93.
  4. on copyholds. 51. 54.
T 2
"ſo