Legal Definitions - surrender of copyhold

Surrender of Copyhold refers to a historical legal procedure in England for transferring ownership of a specific type of land called a "copyhold estate." Unlike modern land transfers, where ownership passes directly from seller to buyer, a copyhold tenant could not simply sell their land. Instead, they had to formally "surrender" their interest in the land back to the lord of the manor.

The lord then acted as an intermediary, immediately granting the same land rights to the new owner (the transferee). This entire transaction was recorded in the manor's official records, known as the manorial court rolls, which served as proof of ownership. This process was a fundamental characteristic of copyhold tenure, reflecting its origins in feudal customs where all land ultimately belonged to the lord.

Here are some examples illustrating the surrender of copyhold:

• Selling a Farm: Imagine a farmer named Thomas in the 17th century who held his farmland as a copyhold estate. If Thomas wished to sell his farm to a new farmer, Elizabeth, he couldn't just sign a deed with her. Instead, Thomas would appear before the lord of the manor (or the lord's steward) and formally "surrender" his copyhold interest in the farm. The lord would then immediately "grant" that same copyhold interest to Elizabeth, making her the new tenant.

  This example illustrates how the surrender of copyhold was the necessary legal mechanism for a commercial transaction involving copyhold land, with the lord acting as a crucial intermediary to formalize the transfer.

• Inheriting a Cottage: Consider a widow, Mary, who held a copyhold cottage. Upon her death, her will stipulated that the cottage should pass to her eldest son, John. To legally effect this transfer, John would typically appear before the manorial court and demonstrate his right to inherit. The previous copyhold (Mary's) would be considered "surrendered" back to the lord, who would then formally "admit" John as the new copyhold tenant, granting him the rights to the cottage.

  This demonstrates how the surrender of copyhold was also integral to the process of inheritance, ensuring that land passed according to custom or will through the lord's formal recognition.

• Transferring Land for a Marriage Settlement: Suppose a young woman, Sarah, owned a small piece of copyhold land before her marriage to David. As part of their marriage settlement, they wished for the land to be held jointly by both of them. Sarah would attend the manorial court and "surrender" her sole copyhold interest to the lord. The lord would then "re-grant" the copyhold estate to both Sarah and David jointly, establishing their shared tenure over the land.

  This example shows how the surrender of copyhold was used to adjust ownership structures, even within a family context, requiring the lord's involvement to formalize the new arrangement.