Copyhold

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Copyhold was a form of customary land ownership common from the Late Middle Ages into modern times in England. The name for this type of land tenure is derived from the act of giving a copy of the relevant title deed that is recorded in the manorial court roll to the tenant; not the actual land deed itself. The legal owner of the manor land remained the mesne lord, who was legally the copyholder, according to the titles and customs written down in the manorial roll. [1] [2] In return for being given land, a copyhold tenant was required to carry out specific manorial duties or services. The specific rights and duties of copyhold tenants varied greatly from one manor to another and many were established by custom. By the 19th century, many customary duties had been replaced with the payment of rent.

Contents

Copyhold was directly descended from the feudal system of villeinage which involved giving service and produce to the local lord in return for land. Although feudalism in England had ended by the early 1500s, [3] forms of copyhold tenure continued in England until being completely abolished by the Law of Property Act in 1925.

Principles

The privileges granted to each tenant, and the exact services he was to render to the lord of the manor and/or lord paramount 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. [4] The actual term "copyhold" is first recorded in 1483, and "copyholder" in 1511–1512. [5] 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 (four 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 to the lord of the manor upon the decease of the copyholder.

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". The Copyhold Acts of 1841, 1843, 1844, 1852, 1858 and 1887 were consolidated in the Copyhold Act 1894. [7]

Part V of the Law of Property Act 1925 finally abolished all remaining statutes.

See also

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References

  1. Wilkes, J. (1815). "Lord". Encyclopaedia Londinensis. Vol. 13. J. Wilkes, 1815. p. 661. Retrieved 15 January 2019. Lord is also a title ... Lord mesne is he that is owner of a manor, and by virtue thereof hath tenants holding of him in fee, and by copy of court-roll; and yet holds himself of a superior lord called lord paramount.
  2. "Reports of cases: House of Lords". The Jurist. S. Sweet. 10 (1): 893–895. 1865. Retrieved 13 January 2019.
  3. Salmon, J. H. M. (1979). "The End of Feudalism". Society in Crisis: France in the Sixteenth Century. pp. 19–26.
  4. 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
  5. "copyhold, copyholder" . Oxford English Dictionary (Online ed.). Oxford University Press. (Subscription or participating institution membership required.)(subscription required)
  6. Blackstone, William (1753). "Book 2, Chapter VI: Of the Modern English Tenures". Commentaries on the Laws of England.
  7. Copyhold Act 1894

Further reading