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 Roll. 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 
