Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/161

 Ch. 9. even for years abolutely, was an immediate enfranchiement of the villein. The lords therefore, though they were willing to enlarge the interet of their villeins, by granting them etates which might endure for their lives, or ometimes be decendible to their iue, yet did not care to manumit them entirely; and for that reaon it eems to have been contrived, that a power of reumption at the will of the lord hould be annexed to thee grants, whereby the tenants were till kept in a tate of villenage, and no freehold at all was conveyed to them in their repective lands: and of coure, as the freehold of all lands mut necearily ret and abide omewhere, the law uppoes it to continue and remain in the lord. Afterwards, when thee villeins became modern copyholders, and had acquired by cutom a ure and indefeaible etate in their lands, on performing the uual ervices, but yet continued to be tiled in their admiions tenants at the will of the lord, — the law till uppoed it an aburdity to allow, that uch as were thus nominally tenants at will could have any freehold interet: and therefore continued, and till continues, to determine, that the freehold of lands o holden abides in the lord of the manor, and not in the tenant; for though he really holds to him and his heirs for ever, yet he is alo aid to hold at another's will. But, with regard to certain other copyholders, of free or privileged tenure, which are derived from the antient tenants in villein-ocage, and are not aid to hold at the will of the lord, but only according to the cutom of the manor, there is no uch aburdity in allowing them to be capable of enjoying a freehold interet; and therefore the law doth not uppoe the freehold of uch lands to ret in the lord of whom they are holden, but in the tenants themelves ; who are allowed to have a freehold interet, though not a freehold tenure.

, in common caes, copyhold etates are till ranked (for the reaons above-mentioned) among tenancies at Rh