Copyhold facts for kids
Copyhold was an old way of owning land in England that was common from the late 1300s until modern times. The name "copyhold" comes from the idea that the person renting the land got a copy of their agreement. This copy was written in the records of the local manor court, not a regular land deed.
The actual owner of the land was still the lord of the manor. The person who held the copyhold land was called a copyholder. In exchange for using the land, a copyholder had to do certain jobs or services for the lord. These jobs and rules were different for each manor and were based on local customs. By the 1800s, many of these duties were replaced by paying rent.
Copyhold came from an even older system called villeinage. In that system, people worked for the local lord and gave him goods in return for land. Even though this old feudal system ended in England by the early 1500s, copyhold continued. It was finally completely ended by a law called the Law of Property Act 1925.
Contents
How Copyhold Worked
The rules for each copyholder, and the exact services they had to do for the lord of the manor, were written down. These details were kept in a special book by the lord's manager, called a steward. The copyholder received a copy of their entry from this book. This is why they were called "copyholders," unlike "freeholders" who owned their land completely.
The word "copyhold" was first used around 1483. The word "copyholder" appeared a bit later, around 1511. The specific rights and duties of copyholders changed a lot from one manor to another. Many of these rules were based on long-standing local traditions.
At first, copyholders often had to work for the lord, maybe four days a year. But later, these work duties were often changed to a payment of rent instead. Each manor's rules also explained what resources copyholders could use. This included things like wood from the forests or how many animals they could graze on the common land.
Copyholds often required a special payment called a heriot when a copyholder died. This payment went to the lord of the manor.
Types of Copyhold
There were two main types of copyhold land ownership:
Copyhold of Inheritance
This type of copyhold usually had one main tenant who paid rent and did duties for the lord. When this tenant died, the land usually passed to their next heir. This heir could be the oldest son, or if no son, the oldest daughter (this was called primogeniture). Sometimes, it went to the youngest son or daughter ("Borough English" or ultimogeniture). In other cases, it was divided among all sons or all children equally (called "gavelkind"). The exact rule depended on the custom of that specific manor.
Tenants could often "sell" their land during their lifetime. To do this, they would formally give it back to the lord. Then, the lord would immediately grant it to the "buyer." This three-person deal was recorded in the manorial roll, creating a new copyhold for the new owner.
Copyhold for Lives
In this type, several people (usually three) were named as tenants for their lifetimes. The first person named acted as the main tenant. They paid rent and heriots. The other two people were "in line" to inherit the property. When the first tenant died, the second person named would take over. This new tenant would then name a new third person to be at the end of the line. These changes were also recorded in the court rolls.
It was possible to change the people "in line" during a lifetime by paying a fee to the lord. However, these holdings usually could not be sold easily. This was because the land was tied to the lives of the three named people. Because of this, "copyhold for lives" was seen as less secure than "copyhold of inheritance."
Copyhold land often did not appear in a person's will. This is because its inheritance was already decided by the manor's customs. Therefore, it could not be given to someone else in a will.
Ending Copyhold
Quick facts for kids Copyhold Act 1894 |
|
|---|---|
| Act of Parliament | |
|
|
| Long title | An Act to consolidate the Copyhold Acts. |
| Citation | 57 & 58 Vict. c. 46 |
| Territorial extent | England and Wales |
| Dates | |
| Royal assent | 25 August 1894 |
| Other legislation | |
| Repeals/revokes |
|
| Text of statute as originally enacted | |
Over time, copyholds were slowly changed into more common forms of land ownership. These were either freehold (full ownership) or 999-year leasehold (long-term rental). This happened because of a series of laws called the Copyhold Acts during the 1800s.
By this time, the duties owed to the lord of the manor were mostly symbolic. They were often settled by paying a "fine" when the copyhold was bought. The Copyhold Acts of 1841, 1843, 1844, 1852, 1858, and 1887 were all combined into one big law: the Copyhold Act of 1894.
Finally, a part of the Law of Property Act 1925 completely ended all remaining copyhold arrangements.
Related Topics
- Feudal land tenure
- History of English land law, including:
- Grand and petty serjeanty, which meant paying rent with various services.
- Knight-service, where rent was paid with military service.
- Frankalmoin or free alms, which involved religious service as rent.
- Socage, where rent was paid with goods or money, including:
- Gavelkind, where inheritance was divided among heirs.
- Borough English, where the youngest son inherited.
- Burgage, which was urban property, often with voting rights and different rent rules.
- Villein (an older type of land holding that came before copyhold).
