ENFRANCHISEMENT OF COPYHOLDS.

127

the right to be placed on the court roll of the lord on the same conditions as their predecessors, and became entitled to demand copies of these conditions, which, so long as they were fulfilled, gave them a title to their estates. The conditions of the tenure are governed by the customs of the manor as shown in the rolls of the Manor Courts, and by constant and immemorial usage; and the title is simply a copy of the court roll, authenticated by the steward of the manor. Two conditions are essential: first, that the lands are parcel of, and situated within, the manor; and secondly, that they have been demised, or are demisable, by copy of court roll immemorially.

The ease with which a title can be given is the only advantage which this kind of tenure possesses, the uncertain nature of its services, reliefs, escheats, fines and heriots, and rights to timber, being a great obstacle to any kind of improvement. In 1841, the Legislature, with a view of removing these disadvantages, passed an Act for commuting manorial rights, and facilitating the enfranchisement of copyhold property.

Number completed.

This was amended and extended by subsequent
Acts of the Legislature. Since 1841 upwards
of twelve thousand enfranchisements have been
completed under the Copyhold Acts, and they
are now proceeding, through the instrumentality
of the Copyhold Commission, at an average rate
of 600 a year.
Besides these, a very large num-
ber have been effected throughout the different
parts of the country, without the intervention of
the office, owing to the stimulus to voluntary
enfranchisement given by the Copyhold Acts.
But though the number seems large, it repré-
sents probably but a moderate proportion of the
whole, as wherever there is a manor there are
many copyhold properties; and much yet
remains to be accomplished before this injurious
and obstructive kind of tenure shall altogether
cease to exist. The Copyhold Commission was
formed with the intention gradually to abolish
copyhold tenure, beginning by offering facilities
for voluntary enfranchisement, after which it
should proceed to its object of extinction on the
compulsory principle. Accordingly, after ten
years' trial of facilities under the voluntary

EXTINCTION OF COPYHOLDS DESIRABLE. 129

system, compulsory powers were given to either lord or tenant to demand enfranchisement, with further facilities again in 1858, which led to a rapid increase in the number of enfranchisements. Under the present Acts either lord or tenant (except where the copyhold is held without a right of renewal) may now apply to the Copyhold Commissioners to compel enfranchisement upon terms to be fixed by two valuers, one appointed by each, or by their umpire. And in small cases, not exceeding £20 of annual value, the amount may be assessed by a single valuer, nominated by the Justices of the locality.

extinction

The complete extinction of copyhold tenure Complete is still far from accomplishment. And a great desirable. bar will be presented to the profitable use of copyhold property so long as any considerable extent of the land of this country, embracing a vast number of the smaller estates and houses, remains subject to manorial fines, whether certain or arbitrary; to joint rights in timber, under which the tenant cannot cut without leave of the lord, nor the lord enter the land to cut

J

Mode of accom

plishing this.

without leave of the tenant; and to vexatious demands for heriots, and a species of control worse than double ownership. These are evils naturally most felt in the populous parts of the country. The Copyhold Commission has now been in operation for thirty-seven years, so that full time has been given to prepare and provide for the final extinction of this kind of tenure, as originally contemplated by Parliament. The simplest mode of doing so would be by enacting that within some definite number of years, say thirty, all copyholds then existing should become freehold. Till the termination of that period the right of either party to compel enfranchisement should continue, and the obvious interest of the lords to make the most of their opportunity would quickly bring about this transformation.

The Tithe department of this Commission also administers questions connected with tithes for the support of religion.

CHAPTER X.

CHURCH, CROWN, AND CHARITY ESTATES.

IN the early period of Christianity in this Tithes for country, among other ecclesiastical laws intro

duced from the neighbouring Continent, the Scriptural principle of reserving for the support of religion a tenth part of the produce of industry was enjoined. This included not only a tenth part of the produce of the crops and stock payable in gross, but also a tenth of the clear gains from manual occupations and trades. This large proportion of the total produce of those countries which had embraced Christianity was apportioned, more than a thousand years ago, into four divisions: one to maintain the edifice of the Church, the second to support the poor, the third the bishops, and the fourth the parochial clergy. Originally all the land in the country was titheable except such as belonged to the Crown and to the Church itself. At the time of the Reformation, much of the Church lands in this country passed into the hands of

support of

religion in England: