several cases in point, to show that the customary Roe v. qualities of this tenure were extinguished by the 11 East, 280.

deed.

Ireland,

13. Where a copyhold is enfranchised, either by a Lit. § 146. release of the services, or a conveyance of the freehold to the copyholder, the lands are severed from the manor; and in consequence of the statute Quia Dissert. c. 2. emptores will afterwards be held of the lord paramount. Nor can the lord of a manor, upon enfranchisement, reserve to himself the antient services.

§ 14.

14. In an action of debt to recover 2s. 6d., in which Bradshaw sum the defendant was amerced for not attending a 4 Term R. v. Lawson, court baron; it appeared that the defendant was 443. seised of 14 acres of land, which had formerly been held of the manor, whereof the plaintiff was lord, by copy of court-roll; but that in 18 Ja. I, the then lord of the manor made a feoffment of the land to the then copyholder, reserving a yearly rent, which was stated in the deed to be the antient yearly rent, for all manner of suits, services, and demands whatsoever. The question was, whether the owner of this land was bound to attend the plaintiff's court.

;

Lord Kenyon observed, that the principal question was settled by the statute Quia emptores, 18 Edw. I. for after that statute, the lord could not by any deed reserve the old services, when he conveyed away the estate in respect of which those services were due, as the tenant must hold of the superior lord. By the conveyance, the estate was no longer parcel of the manor, nor held of the manor; neither was the defendant's ancestor any longer a tenant of the manor;. therefore it was clear that the defendant was not bound to attend the plaintiff's court, as a tenant of the manor.

ante, c. 1. § 39.

15. The lord of a manor who enfranchises a copyhold, must either be seised in fee simple, or have a power to convey the fee simple of the lands to the copyholder.

16. Although a copyholder should only have a particular estate in his copyhold, yet he may take an enfranchisement, which will be deemed absolute. But in a case of this kind, the enfranchisement shall be for the benefit of the persons in remainder, who would have taken the copyhold interest, in case there had not been an enfranchisement: a court of equity will accordingly direct a conveyance from the heirs 515. 2d ed. at law of the particular tenant, to the persons in remainder, on their paying a proportionate part of the consideration given for the enfranchisement.

Wynne v.
Cookes,
1 Bro. R.

Escheat or
Forfeiture.

c. 1. § 35.

When the

Lands cease to be demisable.

c. 1. § 25.

Suspension of Copyholds,

2 Sid. 82.

17. Where copyholds come to the lord by escheat or forfeiture, the copyhold tenure is extinguished. But it has been stated, that in cases of this kind, the lord may grant them out again by copy of courtroll.

18. It has also been stated that whenever lands which had been held by copy of court-roll, have ceased to be demised or demisable by copy, they can never be granted again by that tenure; and consequently the copyhold is thereby extinct.

19. There are several cases in which copyholds are suspended only for a certain time, and not absolutely extinguished. Thus it is said, that where a person holding a copyhold becomes king, the copyhold is suspended; for it would be beneath the dignity of a king to perform such services as those to which copyholders are subject. But after his decease, the next person who becomes entitled to it, not being a king, shall hold by copy.

20. Where a copyholder married the lady of the Co. Cop. manor; it was held that this operated as a suspension

of the copyhold, during the marriage only; and was not an extinguishment.

§ 62. Anon.

Cro. Eliz. 8.

21. Where a copyholder took a lease for years of 4 Rep. 31 a. the manor, of which he held; it was resolved that the copyhold was suspended: because no person can be lord and tenant at the same time. But that the lessee might grant it out as copyhold.

22. If a copyholder bargains and sells his lands to Gilb. Ten. the lord of the manor, he being only lessee of the 301., manor for years, the copyhold is not extinguished.

For the lessee being lord of the manor, the lands are 1 Inst. 59 a always demisable by copy.

n. 4.

TITLE XI.

USE.

CHAP. L

Of the Origin of Uses.

CHAP. II.

Of the Nature and Quality of a Use before the
Statute 27 Hen. VIII.

Origin of
Uses.

SECTION 1.

AVING treated of legal and customary estates,

HAV

we now come to discuss the nature and properties of what are called equitable estates.

2. The original simplicity of the common law admitted of no immediate estate in lands, which was

not clothed with the legal seisin and possession. In process of time, a right to the rents and profits of lands, whereof another person had the legal seisin and possession, was introduced; and though not recognized for a long time by the courts of common law, was, notwithstanding, supported by the Court of Chancery, and became well known by the name of a

use.

3. The introduction of this novelty has been at tended with the most serious consequences; for, though at first it appears to have been but a trivial innovation, yet in its progress it has in fact produced a revolution in the system of real property, and has introduced a mode of transferring land, very different from that which the old law had originally established.

4. A use was created in the following manner :The owner of a real estate conveyed it by feoffment, with livery of seisin, to some friend, with a secret agreement, that the feoffee should be seised of the lands to the use of the feoffor, or of a third person. Thus the legal seisin was in one, and the use or right to the rents and profits in another.

5. It would be a matter of considerable difficulty to ascertain the precise time when this distinction between the legal seisin, and the right to the rents and profits, was first introduced. It is, however, certain, that the practice of conveying lands to one person, to the use of another, did not become general till the reign of Edw. III., when the ecclesiastics adopted it, in order to evade the statutes of mort- Bac. Read. edit. 1785. main, by procuring conveyances of lands to be made, 22. not directly to themselves, but to some lay persons, 1 Rep. 123 a. with a secret agreement that they should hold the lands for the use of the ecclesiastics, and permit them to take the rents and profits.