FREE BOOKS

Author's List




PREV.   NEXT  
|<   255   256   257   258   259   260   261   262   263   264   265   266   267   268   269   270   271   272   273   274   275   276   277   278   279  
280   281   282   283   284   285   286   287   288   289   290   291   292   293   294   295   296   297   298   299   300   301   302   303   304   >>   >|  
ng, but founded on imperfect information, and, moreover, coloured by prejudices in favour of the Moslems whom he studied with so much sympathy. See Klunzinger, _Upper Egypt_, pp. 61 et sqq.; also the last chapter of _The Story of the Church of Egypt_, by Mrs E. L. Butcher (1897), on the social life and customs. COPYHOLD, in English law, an ancient form of land tenure, legally defined as a "holding at the will of the lord according to the custom of the manor." Though nowadays of diminishing practical importance, its incidents are historically interesting. Its origin is to be found in the occupation by villani, or non-freemen, of portions of land belonging to the manor of a feudal lord. In the time of the Domesday survey the manor was in part granted to free tenants, in part reserved by the lord himself for his own uses. The estate of the free tenants is the freehold estate of English law; as tenants of the same manor they assembled together in manorial court or court baron, of which they were the judges. The portion of the manor reserved for the lord (the _demesne_, or domain) was cultivated by labourers who were bound to the land (_adscripti glebae_). They could not leave the manor, and their service was obligatory. These villani, however, were allowed by the lord to cultivate portions of land for their own use. It was a mere occupation at the pleasure of the lord, but in course of time it grew into an occupation by right, recognized first of all by custom and afterwards by law. This kind of tenure is called by the lawyers _villenagium_, and it probably marks a great advance in the general recognition of the right when the name is applied to lands held on the same conditions not by villeins but by free men. The tenants in villenage were not, like the freeholders, members of the court baron, but they appear to have attended in a humbler capacity, and to have solicited the succession to the land occupied by a deceased father, or the admission of a new tenant who had purchased the goodwill, as it might be called, of the holding, paying for such favours certain customary fines or dues. In relation to the tenants in villenage, the court baron was called the customary court. The records of the court constituted the title of the villein tenant, held by copy of the court roll (whence the term "copyhold"); and the customs of the manor therein recorded formed the real property law applicable to his case. Copyhold
PREV.   NEXT  
|<   255   256   257   258   259   260   261   262   263   264   265   266   267   268   269   270   271   272   273   274   275   276   277   278   279  
280   281   282   283   284   285   286   287   288   289   290   291   292   293   294   295   296   297   298   299   300   301   302   303   304   >>   >|  



Top keywords:

tenants

 

occupation

 

called

 

villani

 
holding
 

custom

 

tenure

 

villenage

 
customary
 

tenant


reserved
 
estate
 

portions

 

English

 

customs

 

applied

 

general

 

advance

 

recognition

 

members


imperfect
 

freeholders

 

villeins

 

information

 

conditions

 

villenagium

 
favour
 
pleasure
 

prejudices

 
recognized

coloured

 

lawyers

 
attended
 

capacity

 

villein

 
relation
 
records
 

constituted

 

copyhold

 

applicable


Copyhold

 

property

 

recorded

 
formed
 

father

 
admission
 

deceased

 

occupied

 

cultivate

 
solicited