Copyhold

For the device that holds material being typed by a copy typist, see copyholder.
Main article: Feudal land tenure

Copyhold tenure was a form of customary tenure of land common in England from the Middle Ages. The land was held according to the custom of the manor, and the mode of landholding took its name from the fact that the "title deed" received by the tenant was a copy of the relevant entry in the manorial court roll. A tenant who held land in this way was known as a copyholder.

Principles

The privileges granted to each tenant, and the exact services he was to render to the Lord of the Manor in return for them, were described in the roll or book kept by the Steward, who gave a copy of the relevant entry to the tenant. Consequently, these tenants were afterwards called copyholders, in contrast to freeholders.[1] The actual term "copyhold" is first recorded in 1483, and "copyholder" in 1511-12.[2] The specific rights and duties of copyholders varied greatly from one manor to another and many were established by custom. Initially, some works and services to the Lord were required of copyholders (4 days work per year for example), but these were commuted later to a rent equivalent. Each manor custom laid out rights to use various resources of the land such as wood and pasture, and numbers of animals allowed on the common. Copyholds very commonly required the payment of a type of death duty called an heriot upon the decease of the copyholder; to the Lord of the manor.

Inheritance

Two main kinds of copyhold tenure developed:

Copyhold land often did not appear in a will. This is because its inheritance was already pre-determined by custom, as just described. It could not therefore be given or devised in a will to any other person. In some instances, the executor of the estate held the copyhold for the term of one year after the decease of the testator, which was called the "executor's year", in parallel with the same concept in common law. Language regarding the disposal of the profits of the executor's year or of a heriot often indicates a copyhold.

Abolition

Copyholds were gradually enfranchised (turned into ordinary holdings of land either freehold or 999-year leasehold) as a result of the Copyhold Acts during the 19th century. By this time, servitude to the Lord of the Manor was merely token, discharged on purchasing the copyhold by payment of a "fine in respite of fealty". Part V of the Law of Property Act 1925 finally extinguished the last of them.

See also

Tenure in feu (the general name for the following)
Tenure by grand sergeanty
Tenure by petty sergeanty
Tenure of Knight-service
Tenure by frankalmoin or free alms
Tenure by Socage (including such forms as)
gavelkind
borough English
burgage
Tenure of villeinage (which preceded copyhold).

References

  1. Bland, W., Enclosure of Commons and Waste Lands, formerly in the townships of Belper, Duffield, Hazelwood, Heage, Holbrooke, Turnditch, and elsewhere in the old Parish of Duffield, jjb.uk.com
  2. "copyhold, copyholder". Oxford English Dictionary (3rd ed.). Oxford University Press. September 2005. (Subscription or UK public library membership required.) (subscription required)
  3. William Blackstone, Commentaries on the Laws of England (1753), Book 2, Chapter VI "Of the Modern English Tenures"

Further reading

External links

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