Note 449 — Chapter VII

Of course in later times the test applied in drawing the line between freehold and baser tenure was much rather the mode of conveyance than anything else. The commutation into money rent of labour services due from a tenement 'held by copy of court roll' (a commutation which in some cases was not effected before the fifteenth century), did not convert the tenement into freehold; had it done so, there would have been no copyhold tenure at the present day. But I am here speaking of the thirteenth century when this 'conveyancing test' could not be readily applied, when the self-same ceremony might be regarded either as the feoffment by subinfeudation of a freehold tenant or the admittance of a customary tenant, there being neither charter on the one hand nor entry on a court roll on the other hand. Thus the nature of the services due from the tenement had to be considered, and, at least in general, a tenement which merely paid a money rent was deemed freehold.