Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/109

 Ch. 6. a farther conequence of what has been premied, we may collect thee two main principles, which are held to be the upporters of a copyhold tenure, and without which it cannot exit; 1. That the lands be parcel of, and ituate within, that manor, under which it is held. 2. That they have been demied, or demiable, by copy of court roll immemorially. For immemorial cutom is the life of all tenures by copy; o that no new copyhold can, trictly peaking, be granted at this day.

ome manors, where the cutom hath been to permit the heir to ucceed the ancetor in his tenure, the etates are tiled copyholds of inheritance; in others, where the lords have been more vigilant to maintain their rights, they remain copyholds for life only: for the cutom of the manor has in both caes o far upereded the will of the lord, that, provided the ervices be performed or tipulated for by fealty, he cannot, in the firt intance, refue to admit the heir of his tenant upon his death; nor, in the econd, can he remove his preent tenant o long as he lives, though he holds nominally by the precarious tenure of his lord's will.

fruits and appendages of a copyhold tenure, that it hath in common with free tenures, are fealty, ervices, (as well in rents as otherwie) reliefs, and echeats. The two latter belong only to copyholds of inheritance; the former to thoe for life only. But, beides thee, copyholds have alo heriots, wardhip, and fines. Heriots, which I think are agreed to be a Danih cutom, and of which we hall ay more hereafter, are a render of the bet beat or other good (as the cutom may be) to the lord on the death of the tenant. This is plainly a relic of villein tenure; there being originally les hardhip in it, when all the goods and chattels belonged to the lord, and he might have eied them even in the villein's lifetime. Thee are incident to both pecies of copyhold; but wardhip and fines to thoe of inheritance only. II.