Copyhold

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Main article: Feudal land tenure

Copyhold tenure was a form of feudal tenure of land common in England from the Middle Ages until the 19th century, and surviving in residual form until 1922. 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[edit]

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, though generally they laid out rights to use various resources of the land such as wood and pasture, and copyholds very commonly required payment of a type of death duty called a heriot upon the decease of the copyholder.

Inheritance[edit]

Two main kinds of copyhold tenure developed:

  • Copyhold of Inheritance: with one main tenant landholder who paid rent and undertook duties to the Lord. When they died, the holding normally passed to their next heir(s) – who might be the eldest son or, if no son existed, the eldest daughter (primogeniture); the youngest son or, if no son existed, the youngest daughter ("Borough English" or ultimogeniture); or all sons or all children in equal or otherwise prescribed shares (partible inheritance or "gavelkind"), depending upon the custom of that particular manor. In practice, local rules of inheritance were often applied with considerable flexibility. During their life the tenant could usually 'sell' the holding to another person by formally surrendering it to the lord of the manor on the condition that the lord regrant it to the 'buyer'. This three-party transaction was recorded in the manorial roll and formed the new 'copyhold' for the purchaser.
  • Copyhold for Lives: three named persons were nominated, the first-named was the holder tenant and held for the duration of their life. The other two were said to be "in reversion and remainder" and effectively formed a queue. When the first life died, the second-named inherited the property and nominated a new third life for the end of the new queue. These were recorded in the court rolls as the "copyhold" for this type of tenant. It was not usually possible for these holdings to be sold, as there were three lives with an entitlement. Copyhold for Lives is therefore regarded as a less secure tenancy than Copyhold for Inheritance.[3]

Copyhold land often did not appear in a will. This is because its inheritance was already pre-determined, as just described. It could not therefore be given or devised in a will to any other person. In many 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[edit]

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 1922 finally extinguished the last of them.

See also[edit]

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[edit]

  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 required)
  3. ^ William Blackstone, Commentaries on the Laws of England (1753), Book 2, Chapter VI "Of the Modern English Tenures"

Further reading[edit]

External links[edit]