[117] Wrexham Free Library, _Ancient Local Records_, vol. ii. MS. transcript by A.N. Palmer, "Survey of the Town and Liberty of Holt."
[118] Savine, _Quarterly Journal of Economics_, vol. xix.
It will not, therefore, be surprising to find that the humble origin of copyhold tenure has left marks upon it in other ways as well, and, in particular, that though the copyholder is not without legal protection when the lord tries to get rid of him, that protection is often of a somewhat shadowy and ineffective kind. His title is a customary one, and mighty as custom still is, it has for centuries been growing gradually weaker. Its weakening is at once an advantage and a disadvantage to the peasantry. It relieves them of odious obligations and leaves them greater room to push their fortunes. It lowers a protecting barrier and exposes them to the dissolving forces of competition.
When one turns from what legal historians have said on the origin and development of copyhold tenure to consider the economic position of this class of tenants, one finds oneself in a region of much greater uncertainty. The legal historian may speak of the copyholders as constituting, in spite of minor differences, a fairly well-defined class. The economic historian cannot. He finds, on the contrary, the widest difference between the economic conditions of tenants holding their land by copy of court roll, not only, as would be expected, in different parts of the country, but on the same manor. In the thirteenth century to say that a man is a villein tells us something at least about his economic position, at any rate when the general features of the manor on which he is a villein are known. He will probably have a standard holding of a virgate or half-virgate; he will have rights in the common meadow land and in the common waste; he will do work on the lord's demesne. In the sixteenth century tenure is no clue to economic status, and to say that a man is a copyhold tenant tells us nothing at all about the extent of his holding or the sort of husbandry which he pursues. The vast majority of copyhold tenants are peasants, men who make a toilsome living from their land with the help of their families and a few hired servants. But in England by our period the line between class and class has ceased to coincide with differences of title; if copyhold tenure is born of a humble stock, yet it has risen so much in the world that the upper classes are not ashamed to hold out a hand to welcome it; and among copyholders are found the names not only of many small freeholders, but also of gentlemen and knights.[119]