( 376 ) cision. Staundf. Pl. Cor. 186. Termes cort; Lat. convehere, to convey or conduct de la Ley. Cowell. Wharton's Lex. Consafely.] In commercial and international vict recusant, in English law, was a person law. A naval force under the command who had been legally prosecuted, indicted, and convicted for refusing to come to church to hear the common prayer, according to several statutes of Elizabeth and James. Termes de la Ley. (377) in are two or more females, his daughters, sis- opportunity of access. Sui copiam facere; ters, aunts, cousins, or their representatives; to put one's self within another's reach; in this case they all inherit, and these coto grant the means of access; to appear heirs are then called coparceners, or, for brecourt. Bract. fol. 20 b, 364 b. Fleta, lib. vity, parceners only. Litt. sect. 241, 242. 3, c. 9, § 24. Sui copiam non facere; to 2 Bl. Com. 187. By particular custom, as fail to appear to an action. Inst. 1. 26. 9. where lands descend, as in gavelkind, to all Fleta, lib. 6, c. 14, § 1. the males in equal degree, as sons, brothers, uncles, &c. Id. ibid. Litt. sect. 265. Co. Litt. 163 b. 1 Steph. Com. 319. 2 Crabb's Real Prop. 931, 932, § 2296. It resembles, in some respects, an estate in joint tenancy, but in others they materially differ. 1 Steph. Com. 319. In the United States, it is not distinguishable from tenancy in common. 4 Kent's Com. 367. Lord Coke observes that this tenancy is called in the ancient books adæquatio, and sometimes familia herciscunda, an estate to be divided. Co. Litt. 164 b. Both these terms, however, (the former in the feudal, the latter in the civil law,) seem to denote a process for dividing an estate, rather than the estate itself. See Adæquatio, Familia herciscunda. (378) Pr. 800. Copies not under seal are also, in England, of two kinds; sworn copies and office copies. A sworn or examined copy is a copy sworn (by the party intending to use it) to have been examined with the original record or paper, being first prepared by the officer having custody of it. An of fice copy is a copy made out by the officer in whose hands the original is, without being examined. Archb. N. Pract. 357. A certified copy, in the United States, is a copy certified to be such by the officer having the custody of the original, (being previously compared by him with such original,) and usually under seal, unless where the original is filed with the clerk of a court, and the copy is to be used in the same court. Sworn copies are not generally in use. **The word copy seems obviously derived from the Latin copia; the change from the classical (leave, liberty, opportunity,) to the law sense, (a transcript,) being very significantly shown in the use made of it by Bracton. Speaking of that description of deeds then called chartæ communes, (i. e. those in which both parties had a common interest, as involving a mutuality of obligation,) this author observes that where such a deed remained in the possession of the grantee, the grantor might, in a case where his interest was concerned, demand to have it shown to him; (donator, eo quod sua interest, petat a donatorio exhibitionem;) and that where there was a dispute or doubt between the parties as to the right of either, the grantee was bound to exhibit the instrument, (exhibeat instrumentum,) or he could have no action, &c. Bract. fol. 34. So, in case of a dispute between the grantor of a manor and the tenant or holder of it, the same author observes that the latter was bound to show his deed, (ostendere debet tenens chartam,) to make good his plea. Id. ibid. And he then proceeds to lay down the general rule, that whenever a party wished to make use of a private writing for his own benefit, in a judicial proceeding, he must allow his adversary to inspect and use it against him, (copiam faciet adversario suo contra se); but that a demandant had no right to require that instruments in the hands of the tenant should be shown him for the purpose of enabling him to count or declare, since a party was not bound to arm his adversary against himself, unless the instruments were common, (i. e. of the kind above described). Copiam facere, in this last quotation, is obviously the common classical expression signifying to impart a thing, to allow a privilege in, or respecting it. See Copia. Copiam facere scripturæ is to grant a party the privilege or opportunity of acquainting himself with the contents of a writing, which was done, as clearly appears from the context, by showing it to him. See Bract. fol. 389 b. Convenience, no doubt, suggested the practice, in most cases, of delivering a transcript instead of showing the original; and when the privilege (copia) came to assume this shape, it is easy to see how the word itself would gradually acquire a new and technical meaning, attaching, as a name of description, to the particular transcript so made use of. Hence, probably, was formed the Fr. copie, from which is obviously derived the English copy. See Transcript. So that, by this process, the classical facere copiam would ultimately become (as it did) good Law Latin, signifying to make a copy. Copiam concedere et liberare, (to grant and deliver a copy,) is the language of the old writ de copia libelli deliberanda. Reg. Orig. 58. And that this technical application of the word copia was by a very easy transition, will appear from a comparison of the copia libelli of this writ with the libri copia of Aulus Gellius in the following passage: Catonis verba huic prorsus commemtario indidissem, si libri copia fuisset id temporis cum, &c. A. Gell. Noct. Att. i. 23. The sense, it will be seen, is the same, whether the words "si libri copia fuisset" be translated "if I had had the means of consulting the book," or in the modern phrase, "if I had had a copy of the book." And see Traslado. COPYHOLD, Copihold. [L. Lat. tenura per copiam rotuli curiæ; Fr. tenure per copie de court rol.] A tenure or holding by copy of court-roll. A species of estate at will, or customary estate in England, the only visible title to which consists of the copies of the court-rolls, which are made out by the steward of the manor, on a tenant's being admitted to any parcel of land, or tenement belonging to the manor. 2 Bl. Com. 94, 95, 147. Co. Litt. 58 a. Litt. sect. 75. It is an estate at the will of the lord, yet such a will as is agreeable to the custom of the manor, which customs are preserved and evidenced by the rolls of the several courts baron, in which they are entered. 2 Bl. Com. 95. It is a base tenure, founded upon immemorial custom.* 2 Steph. Com. 43, 44. See 7 East, 299.