348 STATUTE OF MERTON. 



Most unexpectedly, however, a remedy was found at 

 last, which had its origin not in the representative House, 

 but in the House of Lords. It came about in this man- 

 ner. It has been already pointed out that in many 

 Manors the practice had obtained of inclosing small 

 portions of the waste, under the authority of a custom 

 to make new copyhold grants, with the consent of 

 the homage of Copyholders. Probably the practice 

 originated in the desire to legalize encroachments. 

 Some labouring man squatted on a Common, and took 

 in a piece of the waste for a garden, pig-sty, or cart- 

 shed to his adjoining cottage. Neither the Lord of the 

 Manor nor any one else wanted to throw out such a petty 

 encroachment. If, however, it was suffered to remain 

 without condition of any kind, both Lord and Commoners 

 were prejudiced. Again, if the Lord simply levied a 

 rent, the Commoners were damnified. Under these cir- 

 cumstances, the idea occurred to some one, probably to an 

 ingenious steward, of a copyhold grant. The encroacher 

 was made to petition the lord at a Common Court 

 for a grant of the piece of land in question. The 

 tenants present on the homage-jury were consulted, 

 and if they approved, the land was granted, with their 

 consent and on such conditions as they might impose, 

 to be held by copy of Court Boll. After a time the 

 legality of this practice was challenged. It was argued 

 that, as copyhold tenure depends absolutely on ancient 

 custom, all copyhold land must be deemed to have been 

 such from time immemorial, and the creation of a new 

 copyhold was inconsistent with the very nature of the 



