the ſteward, either in court, (or, if the cuſtom permits, out of court) or elſe to two cuſtomary tenants of the ſame manor, provided that alſo have a cuſtom to warrant it; and there by delivering up a rod, a glove, or other ſymbol, as the cuſtom directs, reſigns into the hands of the lord, by the hands and acceptance of his ſaid ſteward, or of the ſaid two tenants, all his intereſt and title to the eſtate; in truſt to be again granted out by the lord, to ſuch perſons and for ſuch uſes as are named in the ſurrender, and the cuſtom of the manor will warrant. If the ſurrender be made out of court, then, at the next or ſome ſubſequent court, the jury or homage muſt preſent and find it upon their oaths; which preſentment is an information to the lord or his ſteward of what has been tranſacted out of court. Immediately upon ſuch ſurrender in court, or upon preſentment of a ſurrender made out of court, the lord by his ſteward grants the ſame land again to ceſtuy que uſe, (who is ſometimes, though rather improperly, called the ſurrendree) to hold by the antient rights and cuſtomary ſervices; and thereupon admits him tenant to the copyhold, according to the form and effect of the ſurrender, which muſt be exactly purſued. And this is done by delivering up to the new tenant the rod, or glove, or the like, in the name, and as the ſymbol, of corporal ſeiſin of the lands and tenements. Upon which admiſſion he pays a fine to the lord, according to the cuſtom of the manor, and takes the oath of fealty.
In this brief abſtract, of the manner of transferring copyhold eſtates, we may plainly trace the viſible footſteps of the feodal inſtitutions. The fief, being of a baſe nature and tenure, is unalienable without the knowlege and conſent of the lord. For this purpoſe it is reſigned up, or ſurrendered into his hands. Cuſtom, and the indulgence of the law, which favours liberty, has now given the tenant a right to name his ſucceſſor; but formerly it was far otherwiſe. And I am apt to ſuſpect that this right is of much the ſame antiquity with the introduction of uſes with reſpect to freehold lands: for the alienee of a copyhold had merely jus fiduciarium, for which there was no remedy at law, but only by ſubpoena
