STATUTE OF MERTON. 349 



tenure. Under these circumstances the Law Courts did 

 what they have so often done; they invented a theory 

 to justify arrangements, which were considered to be 

 convenient. They upheld the custom on the ground 

 that the whole waste, of which portions were from time 

 to time granted, must be deemed to have been demisable 

 by copy of Court Roll time out of mind, and might, there- 

 fore, be actually so demised or granted in portions from 

 time to time. This decision was given in 1803.* Under 

 its authority grants of waste multiplied, and the practice 

 was probably introduced in many Manors where it had 

 not previously obtained. 



The custom was carried in the case of Rowley 

 Green, as has been shown, to the point of allowing the 

 Lord of the Manor to select himself three or four copy- 

 holders to form the Homage, and with their consent to 

 inclose not only as against other copyholders not present 

 and not summoned, but against other persons with rights 

 over the Common, quite independent of the copy- 

 holders, f 



This creation of new copyholds did little harm, 

 while the practice was confined to its original object, 

 that of legalizing small encroachments, made in the 

 interests of the labouring class, or of effecting some 

 trifling inclosure for a public purpose. But as land in- 

 creased in value in the neighbourhood of London and 

 large towns, advantage was taken of the custom to 

 make money for the Lord. Either valuable inclosures 



* Lord Northwick v. Hanway : B. and P., 34G. 

 t Supra pp. 225-7. 



