Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/382

 366 the teward, either in court, (or, if the cutom permits, out of court) or ele to two cutomary tenants of the ame manor, provided that alo have a cutom to warrant it; and there by delivering up a rod, a glove, or other ymbol, as the cutom directs, reigns into the hands of the lord, by the hands and acceptance of his aid teward, or of the aid two tenants, all his interet and title to the etate; in trut to be again granted out by the lord, to uch perons and for uch ues as are named in the urrender, and the cutom of the manor will warrant. If the urrender be made out of court, then, at the next or ome ubequent court, the jury or homage mut preent and find it upon their oaths; which preentment is an information to the lord or his teward of what has been tranacted out of court. Immediately upon uch urrender in court, or upon preentment of a urrender made out of court, the lord by his teward grants the ame land again to cetuy que ue, (who is ometimes, though rather improperly, called the urrendree) to hold by the antient rights and cutomary ervices; and thereupon admits him tenant to the copyhold, according to the form and effect of the urrender, which mut be exactly purued. And this is done by delivering up to the new tenant the rod, or glove, or the like, in the name, and as the ymbol, of corporal eiin of the lands and tenements. Upon which admiion he pays a fine to the lord, according to the cutom of the manor, and takes the oath of fealty.

this brief abtract, of the manner of transferring copyhold etates, we may plainly trace the viible footteps of the feodal intitutions. The fief, being of a bae nature and tenure, is unalienable without the knowlege and conent of the lord. For this purpoe it is reigned up, or urrendered into his hands. Cutom, and the indulgence of the law, which favours liberty, has now given the tenant a right to name his ucceor; but formerly it was far otherwie. And I am apt to upect that this right is of much the ame antiquity with the introduction of ues with repect to freehold lands: for the alienee of a copyhold had merely jus fiduciarium, for which there was no remedy at law, but only by ubpoena Rh