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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
book_n	lord_n	time_n	write_v	3,171	5	5.3797	4	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A17593	The relation betweene the lord of a mannor and the coppy-holder his tenant. Delivered in the learned readings of the late excellent and famous lawyer, Char. Calthrope of the Honorable Society of Lincolnes-Inne Esq; whereby it doth appeare for what causes a coppy-holder may forfeite his coppy-hold estate, and for what not; and like wise what lord can grant a coppy, and to whom. Published for the good of the lords of mannors, and their tenants	Calthrope, Charles, Sir, d. 1616.	1635 (1635)	STC 4369; ESTC S107474	36,082	104

THE RELATION BETWEENE THE LORD OF A MANNOR AND THE COPPY-HOLDER His TENANT Delivered in the Learned Readings of the late Excellent and Famous Lawyer CHAR. CALTHROPE of the Honorable Society of Lincolnes-Inne Esq Whereby it doth appeare for what causes a Coppy-holder may forfeite his Coppy-hold Estate and for what not and likewise what Lord can grant a Coppy and to whom Published for the good of the Lords of Mannors and their Tenants Non magis promaenibus quam pro servandis legibus liber Cives pugnare debent siquidem sine maenibus Respublica potest consistere sine Legibus non potest LONDON Printed for William Cooke and are to be sold at his shop neere Furnivals Inne gate in Holborne 1635. COPPY-HOLDS The first Lecture THE great injuries which are offered and small remedies which are used in cases of Coppy-holds which as it seemeth doe grow by the obscure knowledge what Law Custome judgeth in these matters of Coppy-hold moveth mee to shew some part of my Travailes in these poynts not thereby to animate Coppy-hold Tenants which would by too much advancing their Tenure pretend only to be Tenants by Custome and not Tenants at Will nor to encourage any Coppy-hold Lord which could by too much abasing these Tenures pretend to have such Coppy-holders onely Tenants at Will and not regard their customes but to proove unto you that as their Title and name sheweth they are Tenants at will and Tenants by Custome in their Land and they consist both of their Lords Will and Custome of the Mannour in their degrees And that this Will and Custome be contained within the Limits of Law and reason according to such rules as shall be hereafter declared First I will shew what a Coppy-hold is then whereof it doth consist and what estimation the same is of by the Antiquity of time and by the Lawes and Statutes of this Realme Master Littleton in his first booke of Teuures defineth a Tenant by Coppy of Court Role and to be where a man is seised of a Mannour in which is a Custome that hath been used time out of minde that certaine Tenants of the same Mannour have used to have certaine Lands and Tenements to hold to them and their heires in Fee Simple Fee Taile or for Life at the will of the Lord after the Custome of the Mannonr And that they have no other evidence but the Roles of the Court by which difinition and by certaine other observations of the Law it may bee gathered that a Coppy-hold doth consist of these sixe principall grounds or Circumstances viz. First there must be a Mannour for the maintenance of Coppy-hold Secondly a custome for the allowing of the same Thirdly there must be a Court holden for the proofe of the Coppy-holders Fourthly there must be a Lord to give the Coppy-hold Fiftly there must be a Tenant of Capacity to take the Tenement Lastly the thing to bee granted which must bee such as is grantable and may bee held of the Lord according to the Tenure But first before I speake of these Circumstances I will briefly declare unto you the Dignity and Estimation of Coppy-holders by the Antiquity and allowance of time and by the Lawes and Statutes of this Realme It appeareth by a certaine booke intituled De priscis anglor legibus Translated out of Saxon Tongue by Master Lambert of Lincolns Inne that Coppy-holds were long before the Conquest and then called by the name of Bookeland as you may see in the beginning of the Booke in the Treatise De rerum Verborum explicatione and by Master BRACTON an Ancient Writer of the Lawes of ENGLAND who in his Booke VVriteth divers presidents and Records of King Henry of allowance Copi-holders or Customary Tenants that do their due services the Lords might not expell them according to the opinion of the latter Judges in the time of Edward the 4. and Edward the third And it appeareth by Master Fitz-Herberts Abridgements they were preferred by a speciall writ for that purpose and the Lord thereby compelled to do right And in the time of Henry the fourth Tenants by the Virge which are the same in Nature as Copy-holders be were allowed by the name of Sokemaines in Franktenure as in the time of Henry 7. were allowed and of the King for defence of their estates So that in every Kings time Copy-holders have had their allowances according to their natures unto this time present wherein our Justices are of opinion as the said grave Sages have beene in times past Now I will further proceede in some perticuler use of these Tenures according to the Lawes and Statutes of this Realme And because I finde none that doth so much deface the estimation of Copy-holders as Master Fitz Herbert doth in his Writ Derecto Clauso I will begin with his words and judgement in the same and proceed to other Authorities Master Fitz-Herbert saith that this Terme Coppi-holders is but a new Terme newly found out that in old time they were called Tenants in Uilenage or base Tenure and this saith he doth appeare in the old Tenures for no Coppy-holders are there spoken of although there were at that time such Tenants But then saith they were called Tennats in Vilenage and saith as appeareth 44. Henry 4. If a false judgement be given against them in the Lords Court they shall have no remedy but sue to their Lord by petition because to hold by Coppy of Court Role which is as hee saith base Tenure is to hold in Villenage which said opinion of Fitz-Herbert have beene by divers wrested to make no diuersity betweene Tenure in Villenage and Tenure by Coppy of Court Role or base Tenure wherein whatsoever interpretation may be made Master Fitz Herberts meaning is very plaine and the Booke of the old Tenures is to be farre otherwise understood as also I suppose all other Authorities in our Law doe make and appoint difference betweene the Tenures And first touching the Booke of the old Tenures it is plaine that the Booke maketh a plaine distinction betweene Tenure in Villenage and Tenure in Fee Base which is understood this Tenure by Coppy-hold and calleth it a Fee although a base Fee and maketh diverse distinctions betweene them and sayth that the Tenants in Villenage must doe all such things as their Lord will command them But otherwise it is of the Tenants in Base Fee And this it seemeth the sayd Booke of olde Tenure to be by Mr. Fitzherbert mis-recited which I am the bolder to affirme saving the due reverence to his Learning because one Mr. Thornton of Lincolns Inne a man very learned in his late Reading there upon the Statute of Forger facts Speaking of Forging Court Roles did playnly affirme the Booke of the olde Tenures to be mistaken by Mr. Fitzherbert in this poynt And besides for the further credite of Coppy-holds we ought to consider the great Authority of Mr. Littleton who amongst the rest of his Tenures doth make a

right or in some others a sufficient ability or capacity to prescribe Touching the first it is to be understood that hee which will prescribe must have a certaine and indefeazable estate and not otherwise As if a Tenant at Will or at Sufferance after hee hath occupied the Land for ten yeares will prescribe to have the same for ten yeares this is not good But a Tenant at Will after the Custome although he came in at the first by the Lords will yet doing and paying that which hee ought hee may prescribe to hold the Land whether the Lord will or no And although a Coppy-holder may prescribe in this forme against his Lord yet against an Estranger for a common or such like kind of profit hee cannot prescribe b●t in the right of the Lord neyther yet can a Tenant for life or for yeares prescribe in the right of their owne Estate onely because it lacketh continuance to make a custome or prescription except in some cases of necessity the Lord of a Mannour or of a Patronage for yeares or life may grant a Coppy in perpetuity or presentation for a longer time then the estate of the Grantor doth continue and this is admitted causa necessitatis and not Iure prescriptionis To the second Capacity must be in himselfe that doth prescribe which Ability and Capacity must consist in the person of him that doth prescribe For as prescription may be sometimes in respect of estate Mannour Lands or Offices so may prescription sometimes be in respect of person which person is not to be understood of a private person but of a body Politicke not that many persons may prescribe except the same be incorporate and to prescribe in respect of their incorporate Capacity and not in respect of their private Capacity As if the Inhabitants of Dale will prescribe to have Common in the Soyle of S. this is no good prescription for that they be not Incorporate they must prescribe that H. Lord of the Mannour of Dale for him and his Tenans within the said Mannour have used to have Common within the sai Soyle so is it for Coppy-holds for they must prescribe in the name of their Lord in such a case If a man prescribe that hee and his Ancestors have had such an Annuity this is not good But if a Bishop doe prescribe that hee and his predecessors have had such an annuity this is good The pleading of Prescription must bee used in forme of Law as other matters that be pleadable and forme must be used likewise in pleading of Coppy-holds and other Customary Titles for avoyding of confusion and discord as well as in other cases of the Common Law the forme of pleading prescription doth differ as the quality of the thing whereof prescription is made and somtimes doth differ as the persons doe differ which make the prescription As if a Coppy-holder makes his Title to his Land by prescription he must plead that the same Land is and hath bene time out of minde Demised and Demiseable by the Coppy of Court Role according to the custome of the Mannour wherof it is holden If two men as yonger brethren will make their Title to Land in Gavell-kinde they must say that the same Land is of the Tenure and Nature of Gavell-kinde which time out of minde have bin parted and partable between Heires males So if the yongest Sonne maketh his Title to Land in Borough English he must plead that time out of minde the Custome of the said Mannour hath bin that when or at what time soever a Coppy holder dyeth Seised of any Coppy-hold Lands in the same Mannour having divers Sonnes that the same hath used Iure Hereditario to descend unto the youngest Sonne c. And as the forme doth differ in the things wherof the Prescription is commonly made so doth it differ as the Persons do differ which prescribe as a private person shall prescribe in him and his Ancestors whose estate he hath An Incorporate person in him and his Predecessors A Lord of a Mannour in him and them which were Lord of that Mannour A Sheriffe in him and those which have beene Sheriffes of the same County A Steward of a Mannour in him and those which have beene Stewards there A Free holder in him and them which have beene Stewards to the said Lord. A Coppy-holder shall Prescribe against an Estranger that the Lord of the Mannour for him and his Tennants at will have used the like c. WHAT NECESSITY A Court Baron is of whereof it doth Consist how it is defined and what shall bee said a sufficient Court Role to make a Coppy-hold EVery Mauour hath a Court Baron incident to it of common right and common necessity and this Court Baron consisteth of foure speciall parts viz. The Lord the Steward the Tennants and the Bayliffe A Court Baron is defined to bee an assemblie of these partes together within the said Mannour to take Councell care and enquire of causes concerning the same Mannour to see justice duely executed the acts and ordinances there done to bee recorded in the Roles of the same Court which Roles are the evidence of all ordinances dutyes customes and conveyances the Lord and Tennants of the said Mannour and are to bee entred by the Steward or an Officer indifferent betweene the Lord and his Tennants and the same Roles to remaine with the Lord thereby to know his Tennants his Rents and his Fines his Customes and his services And the particular grant of every Coppy-hold to bee coppyed out of the Roles the coppyes thereof to bee delivered to every particular Tennant neither can they make any other Title to their said Tennements but by their said Coppy If the Lord of the Mannour having Coppy-hold Lands Surrendred into his hands will in the presence of his Tennants out of the Court grant the same to an other and the Steward entreth the same into the Court Booke and maketh thereof a Coppy to the grantee and the Lord dye before the next Court this is no good Coppy to hold the Land But if the same Surrender and grant bee presented at the next Court in the life of the Lord and the grantee admitted Tenant and a Coppy made to him this is good Coppy If the Lord of a Mannour having ancient Coppy-hold in his hands will by a deed of Feofment or by a Fine grant this Land to one to hold at the will of the Lord according to the Custome yet this cannot make a good Coppy-hold If the Lord in open Court doth grant a Coppy-hold Land and the Steward maketh no entry thereof in the Court Roles this is not good though it bee never so publicke done nor no Collaterall proofe can make it good But if the Tenant have no Coppy made unto him out of the Role or if hee loose his Coppy yet the Roles is still a sufficient tytle for his Coppy-hold if the Roles bee also lost yet it seemeth that by proofe hee can