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cause_n	assign_v	executor_n	heir_n	2,455	5	8.9676	4	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A34802	Lex custumaria, or, A treatise of copy-hold estates in respect of the lord, copy-holder wherein the nature of customs in general, and of particular customs, grants and surrenders, and their constructions and expositions in reference to the thing granted or surrendred, and the uses or limitations of estates are clearly illustrated : admittances, presentments, fines and forfeitures are fully handled, and many quaeries and difficulties by late resolution setled : leases, licences, extinquishments of copy-hold estates, and what statutes extend to copy-hold estates are explained : and also of actions by lord or tenant, and the manner of declaring and pleading, either generally or as to particular customs, with tryal and evidence holder may recieve relief in the Court of Chancery : to which are annexed presidents of conveyances respecting copy-holds, releases, surrenders, grants presentmets, and the like : as also presidents of court rolls, surrenders, admittances, presentments, &c. / by S.C., Barister at Law.	Carter, Samuel, barrister at law.	1696 (1696)	Wing C665; ESTC R4622	239,406	434

c. as by the particular appraisment sent to the said Commissioners it may appear the value whereof in the total amounts to the sum of c. Now this Indenture witnesseth That the said Commissioners parties to these presents by force and vertue of the said Commission and of the several Acts of Parliament therein mentioned and evpressed for and with the consent and at the request of the Creditors of the said E. F. that have sued forth and prosecuted the said Commission against the said E. F. for and in consideration of the sum of c. unto the said Commissioners by the said C. D. c. to the use benefit and behoof as well of themselves as also of all other the Creditors of the said E. F. that have sued forth and joyned and that shall hereafter in due time joyn in the prosecution of the said Commission according to the Statutes in that behalf made and provided well and truly contented and paid have by force and virtue of the said Commission as much as in them the said Commissioners lyeth and they lawfully may granted bargained and sold and by these presents do as much as in them lyeth and they lawfully may grant bargain and sell unto the said C. D. c. all the aforesaid Copy-hold or customary Messuage c. now in the occupation of c. holden by Copy of Court Roll of the aforesaid Manor of W. together with all Woods Under-woods Commons Pastures c. and Appurtenances whatsoever unto all and every the said Copy-hold or other customary Premisses thereby granted and every part and parcel thereof belonging or in any wise appertaining and all the Estate Right Title Interest Use Possession Reversion and Reversions Remainder and Remainders Claim and Demand whatsoever of the said E. F. of in and to all and singular the Premisses hereby granted and every part and parcel thereof To have and to hold all the said Copy-hold or customary Messuage or Tenement c. with their and every of their Appurtenances to their proper use and behoof for ever according to the Custom of the said Manor of L. Yeilding paying performing and doing unto the said Lord of the aforesaid Manor of whom the Copy-hold or customary Premisses hereby granted are holden all and every the Fines Rents Duties and Services of right used and accustomed to be yeilded paid performed and done for the same c. In Witness c. A Surrender in Trust and the Trust declared Trustees Covenant not to commit c. any thing that may amount to a Forfeiture Whereas the said A. B. hath with his own proper Monies bought and purchased of C. D. of c. Lord of the Manor of Belton in the County of c. amongst other Lands and Tenements in certain Articles indented and made between the said C. D. of the one part and the said A. B. of the other part and bearing date the c. the customary Messuage Lands Tenements and Hereditaments hereafter mentioned that is to say c.. And whereas also the said E. F. G. H. and I. K. customary Tenants of the said Manor of and in the customary Messuage Lands and Premisses did by Surrender bearing date c. according to the Custom of the said Manor surrender into the Hands of the said C. D. Lord of the Manor aforesaid all and singular the customary Messuage Lands Tenements and Hereditaments before mentioned to the use and behoof of them the said I. S. and P. S. their Heirs and Assigns to the intent and purpose that the said C. D. or other the Lord or Lords of the said Manor of c. or the Steward or Stewards of the said Manor for the time being at the next Court to be holden for the said Manor should admit or cause to be admitted them the said I. S. and P. S. Tenants of and to all and singular the said c. as by the said Surrender relation being thereto had may more at large appear Now this Indenture farther Witnesseth That the said I. S. and P. S. for the avoiding and clearing all doubts questions and ambiguities which may hereafter arise or grow touching or concerning the said Surrender taken in their Names as aforesaid do and either of them doth by these presents voluntarily and spontaneously acknowledge express and declare That the said Surrender so had and taken as aforesaid was had taken passed and done by the special direction and appointment of the said A. B. in trust to and for the only use benefit and behoof of him the said A. B. his Heirs and Assigns for ever and to and for none other use intent or purpose whatsoever And farther the said J. S. and P. S. do for themselves their Heirs and Assigns freely and absolutely disclaim any other Estate Right Title Interest Claim or Demand of in to or out of the said customary Messuage Lands and Tenements and Premisses or any part thereof but such only as they have by virtue of the Surrender aforesaid in and upon the Trust aforesaid And the said I. S. and P. S. for themselves their Heirs Executors and Assigns do covenant and grant to and with the said A. B. his Heirs Executors and Assigns that they the said I.S. and P. S. their Heirs or Assigns shall not and will not at any time or times hereafter act do permit or willingly or wittingly suffer any act matter or thing whatsoever that may amount to or cause a Forfeiture of the said Premisses or any part thereof or whereby the said Premisses or any part thereof may be destroyed extinguished impeached or incumbred In Witness c. An Infranchisement of Copy-hold Lands made by a Lord of a Manor to his Copy-holder This Indenture made c. Between A. B. of c. Esquire and E. B. of c. Gentleman Son and Heir apparent of the said A. B. Lord of the Manor of H. in the County of Norfolk of the one part and T. P. of c. R. S. of c. and T. P. of c. of the other part Witnesseth That the said A. B. and E. B. as well for and in consideration of the sum of c. of lawful mony to them the said A. B. and E. B. or one of them in hand paid by the said T. P. R. S. and T. P. at and before the ensealing and delivery of these presents the receipt whereof they the said A. B. and E. B. do by these presents acknowledge and thereof and of every part and parcel thereof do acquit exonerate and discharge the said T. P. R. S. and T. P. and every of them their and every of their Heirs Executors and Administrators for ever by these presents as also for divers other good Causes and Considerations them and either of them hereunto especially moving Have granted bargained sold enfeoffed delivered aliened and confirmed and by these presents do grant bargain sell enfeoff deliver alien and confirm unto the said T. P. R. S. and T. P. their Heirs

and Assigns all those Messuages Cottages Lands Tenements Pastures Feedings and Hereditaments whatsoever situate lying and being in K. and S. or any other Town in the said County of Norfolk which are Copy-hold or customary Lands holden of the Manor of H. within the said County of Norfolk and which the said T. P. holdeth by Copy of Court-Roll of the Manor aforesaid or of right ought to hold as Copy-hold or of some customary Tenure of the said Manor of H. or of the Lord or Lords thereof or of any other Manor or Lordship now or late of the said A. B. and E. B. or either of them and the Free-hold of all and singular the said Messuages Cottages Lands Tenements Pastures Feedings and Hereditaments whatsoever with the Appurtenances and also all the Freehold of the Inheritance of all those Copy-hold and customary Messuages Cottages Lands Tenements and Hereditaments whatsoever which were surrendred lately by J. G. unto the use of the said T. P. and his Heirs and also all such Rents and Arrearages of Rents Services Suits and other Demands whatsoever which now or at any time heretofore have been due or payable or that shall or ought to be hereafter due payable or done for all or any of the said Messuages Cottages Lands Tenements Pastures Feedings and Hereditaments whatsoever all which said Messuages Cottages Lands Tenements Pastures Feedings and Hereditaments with the Appurtenances were late in the occupation of c. and the Reversion and Reversions Remainder and Remainders of all and singular the Premisses all Rents and Reservations reserved or payable by or upon any Demises Leases or Grants heretofore made or granted of the said Premisses or any part or parcel thereof To have and to hold all and singular the said Messuages Cottages Lands Pastures Feedings and Hereditaments and all and singular the above-mentioned or intended to be hereby granted and bargained Premisses with their and every of their Appurtenances unto the said T. P. R. S. and T. P. their Heirs and Assigns to the only proper and absolute use and behoof of them the said T. P. R. S. and T. P. their Heirs and Assigns for ever and the said A. B. and E. B. for themselves and every of them their and either of their Heirs Executors and Administrators and every of them do covenant and grant to and with the said T. P. R. S. and T. P. their Heirs Executors and Assigns and every of them by these presents in manner and form following That is to say that they the said A. B. and E. B. or one of them are or is at the time of the sealing and delivery of these presents lawfully joyntly or solely seized in their or one of their Demesns as of Fee of and in the said Manor of H. and of and in all and singular the said bargained Premisses and every part and parcel thereof with the Appurtenances of a good perfect and absolute Estate of Inheritance in Fee-simple without c. and unto the use of them or one of their Heirs and Assigns without any manner of Condition power of Revocation Limitation of Use or Uses Trust or other matter or thing whatsoever to alter change charge incumber impeach determine or make void the same And that they the said A. B. and E. B. or one of them have or hath at the time of the sealing and delivery of these presents and at the time of the execution of the first Estate hereby to be made and granted shall have full Power good Right and lawful Authority to Grant Bargain and Sell all and every the said Messuages Cottages Lands Tenements Pastures Feedings Hereditaments and Premisses before-mentioned to be hereby granted bargained and sold with their and every of their Appurtenances unto the said T. P. R. S. and T. P. their Heirs and Assigns in manner and form aforesaid and according to the effect of these presents And also that all and every the said afore-mentioned to be hereby granted and bargained Messuages Cottages Lands Tenements Pastures Feedings Hereditaments and Premisses and every part and parcel thereof now are and at all times hereafter shall and may be remain and continue unto the said T. P. R. S. and T. P. their Heirs and Assigns and every or any of them free and clear and freely and clearly acquitted exonerated and discharged or otherwise upon reasonable request well and sufficiently saved and kept harmless and indemnified by the said A. B. and E. B. their Heirs Executors or Administrators or some or one of them of and from all and all manner of former and other Gifts Grants Bargains Sales Estates Wills Entails Alienations Joyntures Right and Title of Dower Statutes Merchant and of the Staple Judgments Executions Rents arrearages of Rents Mortgages and of and from all other Charges Titles Claims and Incumbrances whatsoever And farther the said A. B. and E. B. for themselves their Heirs Executors Administrators and Assigns and for every of them do covenant and grant to and with the said T. P. R. S. and T. P. their Heirs Executors and Administrators and every of them by these presents That they the said A. B. and E. B. and either of them their and either of their Heirs and Assigns lawfully having claiming or pretending to have or which hereafter shall or may lawfully claim or pretend to have any Estate Right Title Interest Claim or Demand of in or to the said bargained Premisses or of in or to any part or parcel thereof by from or under them the said A. B. and E. B. or either of them their or either of their Heirs and Assigns shall and will from time to time and at all times hereafter at the reasonable request costs and charges in the Law of the said T. P. R. S. and T. P. their Heirs and Assigns make do acknowledge or cause to be made done executed acknowledged and suffered all and every such farther act and acts thing and things devise and devises assurances and conveyances in the Law whatsoever of the said Premisses as by the said T. P. R. S. and T. P. their Heirs or Assigns their or any of their Councel Learned in the Law shall be reasonably advised or required be it by Fine or Feoffment Deed or Deeds Inrolled or not Inrolled Recovery or Recoveries with single double or more Voucher or Vouchers or by any other lawful ways or means whatsoever for the better assurance and sure making of the said bargained Premisses and every part and parcel thereof with their and every of their Appurtenances unto the said T. P. R. S. and T. P. their Heirs and Assigns for ever c. A Letter of Attorny to deliver seisin A Lease of Copy-hold Land with the Lords Licence recited This Indenture c. Between A. B. of c. of the one part and C. D. of c. of the other part Witnesseth That the said A. B. by virtue of a Licence before the sealing and delivery of these presents by him procured and obtained of

Inheritances at the Common Law have unless it be by Custom for though they are Estates of Inheritance according to the Custom yet they are not Estates of Inheritance simpliciter that is to have all collateral Qualities as Estates in Fee-simple have but only such which Custom hath setled and allowed 4 Rep. 22. Brown's Case And accordingly my Lord Hobart in Cox and Darsen's Case p. 215. c. saith The collateral Incidents of Estates as Dower Tenancy by the Curtesie Wardship c. are not without special Custom And therefore Copy-hold Inheritance shall not be Assets to charge the Heir in an Action of Debt upon Bond made by his Father Copy-hold Lands not Assets in the Heir tho' he has therein bound his Heirs neither shall the Wife of such customary Estate be indowed nor the Husband be Tenant by the Curtesie neither shall the descent of any such Estate toll the Entry of him that had customary Right c. But to explain this in these before-mentioned Qualities and others I shall Illustrate it by several Cases and Resolutions Dower The Wife shall have Dower of a Copy-hold by special Custom otherwise not and when she is to be endowed of a Copy-hold by the Custom then she shall have all the incidents to Dower as to recover Damages for the Profits from the death of her Husband by the Statute of Merton C. 1. De viduis 4 Rep. 30. Shaw and Tompson Tenant by the Curtesie and that without admittance of the Wife The Custom of a Manor was That if any man had a Wife who was a Copy-holder in Fee of the Manor and had Issue by her that he should be Tenant by the Curtesie of the Land A. a Copy-holder was seized and had Issue a Daughter who was married to J. S. who had Issue A. dyed his Wife entred the Wife dyed before admittance The Question was if by the Entry of the Husband without admittance of the Wife he should be Tenant by the Curtesie Per Cur. he shall the delay of the admittance of the Wife shall not prejudice the Husband being a third person More n. 425. Ever and Aston but if a Woman Copy-holder in Fee takes Husband who had Issue and the Wife dyes there the Husband shall not be Tenant by the Curtesie without special Custom 4 Rep. 22. Ryers Case Descent tolls not an Entry Discontinuance The Descent of a Copy-hold doth not toll an Entry 4 Rep. 22 23. Bullock and Dibly and 3 Rep. 9. You may see there where the Entry shall be congeable by the Issue after a Surrender or Lease by Licence of the Lord made by the Ancestor and shall not be a Discontinuance The Lord seized a Copy-hold without cause and grants it to another in Fee Grantee dyes seized and his Heir is admitted The first Copy-holder dyes his Heir enters and Surrenders to the use of a Stranger Per Cur. 1. Descent of a Copy-hold shall not take away the Entry of another Copy-holder who hath right 2. The Entry of the Heir without admission is lawful and being in his Surrender is good Cro. Jac. 36. Joyner and Lambert If one seized of Copy-hold Land in the Right of his Wife Surrender this to the use of another in Fee who is admitted accordingly the Husband dyes this is no discontinuance to the Wife nor her Heirs but the Wife may enter and not be put to her cui in vita nor her Heir to her sur cui in vita If Copy-holder for Life Surrender to the use of another in Fee this is no Forfeiture Surrender by Copy-holder for Life to one in Fee is no forfeiture for this passeth by Surrender to the Lord and not by Livery And Copy-hold Estates shall not have such qualities as Estates at Common Law have without special Custom 4 Rep. 4. Clun and Pearse and therefore where by Custom of the Manor But recovery by Pleint in a real Action shall be a discontinuance Pleints have been made in the Court of the Manor in the nature of real Actions That if a Recovery be in a Pleint in the nature of a real Action against a Tenant Copy-holder in Tayl it s adjudged that this shall be a discontinuance and shall take away the Entry of the Heir in Tayl for these Pleints in the nature of real Actions are warranted by the Custom this is an incident which the Law annexeth to the said Custom and such recovery shall be a discontinuance 4 Rep. 23. Deal and Rigden Having finished the Learning of Customs in order to the understanding of Copy-hold Estates it will be convenient to say something of the customary Tenant and of the Court and the Steward which shall be attempted briefly in the next Chapter CAP. X. The several sorts of Coph-holders and who shall be said to be customary Tenants Of Copy-hold Burrough-English Of the Court Two sorts of Courts Baron Of the Copy-holders Court. Who may keep Courts and to what purposes and where Of the Steward his Office and power of Deputation what he may do ex officio or not WE read of three kinds of Copy-holders in our Book I. Terra Nativa These were called Bond-Lands also because they held in Villenage II. Custumary And this was held by Free-Tenants III. Mensales As also Dominica because by this the Table of the Lord is maintained Some Copy-hold Land is called Poadland and some Molland a molli redditu where some small Rent was reserved There were two other manner of Copy-holds Old Aster and new Aster Aster signifies a Chimney those Copy-hold Lands which had had usually for a long time an House on them they called Old Aster Lands but those which of late had an House built on them they called New Asters And in old Records the Bastard Eigne did plead That he was Filius Askarius as much as to say Born in the House 2 Rolls Rep. 235. M. 20 Jac. B. R. Smith and Reynard Some Copy-hold Land is in the nature of Burrough-English Cro. Jac. 56. Curtis's Case Copy-hold Burrough-English And so shall descend to the youngest Son Some Copy-hold is of the nature of Burrough-English as well for the Brother as the Son Cro. Jac. 101. Whitton and Williams Between a Copy-hold in Burrough-English and a Freehold in Burrough-English there is not any difference as to descents Cro. Car. 411. Baron and Feme Copy holders for Life of Copy-hold of the nature of Burrough-English Reversion to the Husband in Fee he had Issue three Sons William George and Charles The Father dyed seized of this Reversion which descended to Charles Charles dies without Issue the Wife dyes Question was whether William Brother and Heir of Charles or George should have it Berkly and Bramston were for George because there being a Reversion expectant upon Estate for Life George shall take his Title from his Father and take by descent from him who had seisin of the Free-hold and not make mention of him who had the

Lord shall have one Action and the Copy-holder another and each one shall recover Damages according to his Interest Vide Leon. 1. 272. Copy-holder dyes Lord admits a Stranger the Heir may enter and upon a re-entry maintain Trespass without Admittance Noy p. 172. Simpson and Gillion Vide Admittance For non-Admittance no Action by Surrendree Action on the Case against the Lord lyes not for non-Admittance A Copy-holder in the Eye of the Law is but Tenant at the Lords Will and if the Lord will not hold Court he hath no remedy to compel him but by order in Chancery Cro. Jac. p. 368. Ford and Hoskins No Action on the Case by a named Successor By Surrendror Surrendror may have an Action on the Case for not admitting but not the Surrendree 2 Keb. 357. Quaere Remedy in faux Judgment The Demandant in a Pleint in nature of a real Action recovereth the Land erroneously with remedy for the party grieved for he cannot have the Kings Writ of faux Judgment in respect of the baseness of the Estate and Tenure being in the Eye of the Law but a Tenant at Will and the Freehold being in another yet he shall have Petition to the Lord in nature of a Writ of faux Judgment and therein assign Errors and have remedy according to Law Co. Lit. 60. And if there be cause the Judgment may be reversed Assise Tenant by Copy shall not have Assise against his Lord as Tenant in ancient Demesn shall have because he hath no Frank-Tenement 4 Rep. 21. but he shall be relieved in Equity Tothil p. 108. The Copy-holders Actions and Remedies against Strangers and where A man grants all the Coals and Coal-Mines within a Manor and parcel was Copy-hold for Life to J. S. Where Copy-holder shall have Trover for Coals digged out of his Copy-hold Land Lessee enters into the Copy-hold and digs a new Pit in the Copy-hold Land during the Life of the Copy-holder and takes the Coals and converts them c. And Lessee of the Coal-Mine brought Trover against the Lessor Per Curiam he may do it for when the Lessor or Lessee of the Coals or a Stranger enters and digs the Coals out of the Pits these belong to the Lessee and if any one else take the Coals he shall have Trover Jones Rep. 243. Player and Roberts Lessee of a Copy-holder for a year Ejectment shall maintain an Ejectione Firmae for in as much as his Term is warranted by Law by force of the general Custom of the Realm it is but reason if he be ejected that he shall have Ejectione Firmae and it is a speedy course for a Copy-holder to have the possession of the Land against a Stranger 4 Rep. 26. As to the Declaration in Ejectment Vide Tit. Declaration In Cro. El. p. 224. It is said to be adjudged Ejectment Per tot Cur. That an Ejectione Firmae doth not lye of a Copy-hold Estate But it was agreed That an Ejectione Firmae doth lye of a Lease made by a Copy-holder but not of a Demise made by the Lord of a Copy-hold by Copy of Court Roll Cole and Wall 's Case A Copy-holder had Licence from his Lord to let his Land for 21 years he lets it to the Plaintiff for three years who entred and being Ejected brought Ejectione Firmae Ejectment by Lessee upon a Lease not warranted good against a Stranger Per Cur. he may maintain this Action at Common Law for it is a good Lease between the Pa●●●s and against all others but the Lord and as this Case is it is good against him because it is done by his Licence and it is a good Lease and well warranted by the Licence Cro. El. 535. Goodwin and Longhurst A Copy-holder made a Lease for one year excepting one day which was warranted by the Custom Lessee being ousted by a Stranger brings Ejectione Firmae it well lyes and if there were not any Custom yet it shall be good against all but him who had the Inheritance and Freehold So if a Lessee for Will at the Common Law had made a Lease for years for the Tenant at Will is only a Disseisor and the Lease is good against him Cro. Trin. 41 El. p. 676. Spark's Case So 717. Erish's Case Moor n. 709. Stoner and Gibson Ejectment by the Heir without Admittance to presentment If customary Lands do descend to the younger Son by Custom and he enters and leaseth to another who takes the Profits and after is Ejected he shall have an Ejectione Firmae without any Admittance of his Lessor or Presentment that he is Heir 1 Leon. p. 100. Rumny and Eves n. 128. If a Copy-holder had Common by Prescription in the Waste of the Lord and the Lord stores the Waste with Conies every Copy-holder may have Action on the Case against the Lord averring That by this the Common is impaired 1 Rolls Abr. 106. Clayton and Sir Jerom Horsey Trespass for Beasts depasturing his Common by every Commoner Copy-holder prescribes to have Common in the Waste of the Lord and brings Trespass on the Case against a Stranger for his Beasts depasturing on the Common there The Question was whether this Action lyes for 15 H. 7.12 it s agreed a Commoner cannot maintain an Action of Trespass nor no other but the Owner of the Soyl 12 H. 8.2 And the Commoner hath no right till he hath taken it by the mouth of his Beasts and the Damage is to the Tenant of the Land and then every other Commoner may have Action of Trespass and so the Stranger shall be infinitely punishable Per Coke If a Commoner may distrain Damage feasant doing Damage which proves lie hath wrong then by the same reason if the Beasts are gone before his coming he may have Action on the Case otherwise one that hath many Beasts may destroy the Common in a night And it s not like a Nusance for that is Publick and may be punished in a Leet But the other is private to the Commoners and cannot be punished in another course he cited one Whitehand's Case Many Copy-holders prescribe to have the Loppings and Toppings of Pollards the Lord cuts them every Copy-holder may have his Action and also Hill 5. Jac. Rot. 1427. Geo. England's Case and Warburton of the same Opinion 2 Brownl p. 146. Crogate and Morris If a Copy-holder by the Custom of a Manor had used to have Common for all his Beasts Action on the Case for digging Turffs on the Common Levant and Couchant upon his customary Tenements in a certain parcel of the Manor and a Stranger digs Turffs there and takes them away by which his Common is impaired Action on the Case lyes declaring That the Defendant digged so many Turffs there and then with his Horses and Carts Herbam tunc ibid crescen ' predict ambulando conculcando Declaration from the place aforesaid minus rite ceperit abcarriavit

alledge this as a Grant How a Copy-holder shall plead in making Title to a Copy-hold and this the Law allows for avoiding an inconvenience which will otherwise happen for if the Copy-holder in Pleading shall be put to shew the full Grant either it was before the time of memory and then it is not pleadable or within time of memory and then the Custom fails Admittance pleaded as a Grant and for this cause the Law hath allowed the Copy-holder in Pleading to alledge any Admittance upon a Descent or upon a Surrender as a Grant and yet he may if he will alledge the Admittance of his Ancestor as a Grant and shew the Descent to himself and that he entred and good without any Admittance of him but the Heir cannot plead That his Father was seized in Fee at the Will of the Lord by Copy of Court Roll of such a Manor according to the Custom of the Manor and that he died seized and that it descended to him for in truth such an Interest is but a particular Interest at Will in judgment of Law although it is descendible by the Custom for he is Tenant at Will of the Lord according to the Custom of the Manor 4 Rep. 22. Brown's Case If one Surrender to the intent that the Lord shall grant it to another and he admitts him it was adjuded good yet he ought to plead it as a Grant Lit. Rep. 175. Tenant in Dower may Grant a Copy-hold in Reversion which shall be good Grant of Copy-hold Land in Reversion must be pleaded as a Grant in Reversion and not as a Grant in possession nor by a per nomen though not executed in the Life of Tenant in Dower But then it must be pleaded as a Grant in Reversion and not as a Grant in Possession therefore in Gray's Case Cro. El. p. 661 662. It was there pleaded That he granted Tenementa praedicta per nomen of a Messuage which A. P. held for Life and Per Cur. it s an uncurable Fault for it is not alledged that he granted the Tenement in Reversion and the per nomen will not help Averment del ' v●e Tenant by curtesie of Copy-hold brings Ejectment or Action it must appear that he is in Life or else he cannot have Judgment 1 Anderson p. 292. Ewer and Astwick Where in Pleading the Commencement of the. Estate must be shewn or by whom granted or not In matter of Conveyance to a Title need not shew the Conveyance Replevin the Plaintiff in bar to the Avowry shews that the Land was Copy-hold Land grantable in possession or reversion for Life or in Fee and that the Lord granted the Reversion to him after the death of W. who was Tenant pur vie and shews the death of W. whereby he entred And demurred because he did not shew the beginning of W. his Estate nor by whom W. had the Estate granted him Per. Cur. this is no cause of Demurrer because it is not the Plaintiffs Title but matter of Conveyance thereunto Cro. Jac. 52. Lodge and Fry Admittance of the last Heir to be shewed instead of an ancient Grant If one pleads Seisin of a Copy-holder in Fee and claims under him he ought to shew of whose Grant as he ought to shew of any other particular Estate but perhaps that is so ancient that it cannot be shewn who was the first Grantee yet it was held sufficient to shew the Admittance of the last Heir which is in nature of a Grant and may be pleaded by way of Grant Cro. Jac. 103. Pyster and Hembling In Trespass the Defendant justifies he confesseth the Close to be Copy-hold Land but pleads That long time before it was parcel of the Manor of c. and that long before the supposed Trespass one Pole and M. his Wife was Lord of the Manor in right of his Wife for Life remainder to Stephen in Tayl and he made a Lease of this Land to the Defendant it s an ill Plea because the Defendant hath not shewed as he ought how Pole and his Wife came to this Estate for Life the remainder over they ought to shew how this particular Estate hath its commencement they claiming a derivative Estate from Pole and his Wife for years 3 Bulstr 281. Sandford and Stephens None may entitle himself to any Copy-hold but he ought to shew a Grant thereof In Trespass the Plaintiff in his Rejoynder intitles himself because the place where is customary Land parcel of such a Manor whereof J. S. is seized in Fee and demisable by Copy at Will in Fee and that J. N. was seized in Fee by Copy c. and dyed seized so as it descended to two Daughters as Heirs of J. N. and that at such a Court Dominus concessit eis extra manus suas c. Habend tenend Tenementa praedicta to the said Daughters and their Heirs whereby they were seized in Fee and afterwards demised to the Plaintiff for years The Plaintiff hath not made a good Title and he shewing such an one was seized in Fee without shewing the Grant thereof Per Cur. it s not good Cro. Car. 190. Shepherd's Case yet it was but default of form and Issue for the Plaintiff being found it is a Jeofail Pleading Custom or Prescription A Copy-holder in Pleading need not alledge a Custom to make a Surrender for that is the Custom of all England A Copy-holder need not alledge a Custom to make a Lease for a year It must be pleaded that he used to do it It is not sufficient to alledge a Custom that one might do such an Act but that he used to do it as to alledge dimissibile and dimissum therefore in Brown and Foster's Case the Defendant avows in Replevin for Damage feasant the Plaintiff makes Title as Copy-holder and shews that within the Manor of A. time whereof c. Talis habebatur habetur consuetudo c. That any Copy-holder may surrender into the Hands of two Customary Tenants c. this is not well pleaded for it is pleaded by Usage and Custom but he doth not plead that ever it was put in ure in that manner which ought to be alledged as in Sir William Hatton's Case where it was pleaded Quod Talis habebatur consuetudo within a Manor Quod licebit Seneschall● to impose a Fine c. But in the principal Case the not naming the Steward made the Avowry ill and then Per Cur. the Avowry being ill although the bar to the Avowry were ill Not naming the Steward in the Avowry ill yet he cannot have return Cro. p. 37. El. 392. Brown and Foster Copy-holder pleads Quod infra Manerium praed talis habetur nec non a toto tempore cujus contrarij memoria hominum non existit habebatur consuetudo videl quod quilibet tenens custumar ' praedict tenementa c. hath used to have Common in such a place parcel of the Manor Question was if the

due for Admittances of the said I. G. or his Heirs into the said Copy-hold Lands unto the Lords of the said Manors respectively And that he the said A. B. and his Heirs from time to time and at all times hereafter within the space of seven years next ensuing the date hereof c. at and upon the reasonable Request and proper Costs and Charges in the Law of the said I. G. his Heirs or Assigns shall and will make and do all and every such farther and other lawful and reasonable acts and things for the farther better and more perfect assuring and conveying all and singular the said Copy-hold Lands and Tenements and all other the Copy-hold Lands of the said A. B. in the County of S. to or to the Use of the said I. G. his Heirs or Assigns or by his or their Councel learned in the Law shall be reasonably devised or advised and required And that at the time of such Surrender or Surrenders or other Assurance or Assurances to be made of the same Copy-hold Lands and Premisses all and singular the said Copy-hold Lands and Premisses so to be surrendred or otherwise conveyed as aforesaid shall be free and clear and freely and clearly and absolutely acquitted freed and discharged of and from all former Surrenders and Forfeitures and other Incumbrances whatsoever had made done or wittingly and willingly suffered by him the said A. B. or by any other person and persons whatsoever one Lease made by the Licence of the Lord of the Manor aforesaid to K. F. c. of c. of one Copy-hold Messuage c. excepted A Covenant in nature of a Mortgage upon a Surrender of Copy-hold Land to pay mony at a certain time This Indenture made c. between Sir T. D. of P. c. of the one part and I. H. of c. of the other part Witneseth That whereas the said Sir T. D. hath now lately surrendred into the Hands of the Lord or Lords of the Manor of W. in the said County of S. by the Rod according to the Custom of the said Manor by the Hands and acceptanc of R. C. and E. M. two of the customary Tenants of the said Manor all that Messuage c. To the Use of the said I. H. his Heirs and Assigns to hold according to the Custom of the said Manor with a proviso and upon condition That if the said Sir T. D. his c. shall and do well and truly pay or cause to be paid c. at c. then the said Surrender to be void and of none effect as by a Note or Memorandum of the said Surrender taken out of the Court the day of the date hereof relation c. more plainly appeareth Now the said Sir T. D. doth for himself his Heirs Executors and Administrators Covenant c. to and with the said I. H. his Executors and Administrators by these presents to pay the Mony at the day and place and in manner and form in the said Proviso or Condition of the said Surrender before recited limited and appointed for the payment thereof And farther also That the said Sir T. D. at the time of the making of the said Surrender before recited had a good Estate of Inheritance in Fee-simple according to the Custom of the said Manor of W. of and in all and singular the said Messuages c. before mentioned to be surrendred and had good right and lawful and absolute power and authority in himself to surrender the same and every part thereof unto the said I. H. and his Heirs in manner and form aforesaid and that the same are free from all former Surrenders and Incumbranses whatsoever In default of payment I. H. and his Heirs to enjoy the Premisses for ever After default in payment Sir T. D. covenants for farther Assurance be it by Fine or Recovery according to the Custom of the said Manor Surrender Release or Confirmation or all or any of the said wayes or means in the Law whatsoever as by the said I. H. his Heirs or Assigns or his or their Councel learned in the Law shall be reasonably devised advised or required Till default of payment I. H. to permit and suffer Sir T. D. to enjoy c. A Bargain and Sale of Copy-hold Lands by Commissioners of Bankrupts This Indenture c. Between A. B. c. the Commissioners of the one part and C. D. c. Assignees of the other part Whereas the King and Queens Majesties Commission under the Great Seal of England grounded upon the several Statutes made concerning Bankrupts bearing date at Westminster the day of c. last past hath been awarded against E. F. of c. and directed to the said Commissioners thereby giving full power and authority unto the said Commissioners four or three of them whereof the said A. B. and P. B. to be one to execute the same as by the said Commission more at large appeareth And whereas the Commissioners parties to these presents or the major part of them or the major part of the Commissioners by the said Commission authorized having begun to put the said Commission in Execution upon due examination of Witnesses and other good proof and upon Oath before them taken do find That the said E. D. hath for the space of six years last past or thereabouts used and exercised the Trade and profession of a c. in buying and selling of c. at his House and Shop in S. aforesaid and sought and endeavoured to get his living by buying and selling And that the said E. F. so seeking and endeavouring to get his living by buying and selling during the time of his said Trading did become justly and truly indebted and still doth owe and stand indebted unto the above-named C. D. and other his Creditors in the sum of c. and being so indebted he the said E. F. did in the judgment of the said Commissioners parties to these presents become Bankrupt to all intents and purposes within the compass true intent and meaning of several Statutes made concerning Bankrupts or within some or one of them before the date and suing forth the said Commission And whereas also the said Commissioners parties to these presents or the major part of the Commissioners by the said Commission authorized having also found out and discovered that he the said E. F. at the time and since he became Bankrupt was and stood seized to him and his Heirs according to the Custom of the Manor of L. in the County of L. of and in c. All which Copy-hold or customary Premisses the greater part of the above-named Commissioners by the said Commission authorized have caused to be viewed and rented and the same to be appraised to the best value they can or may and accordingly the same have been viewed rented and appraised by R. S. and T. V. men of sufficient skill and ability for the doing thereof in manner and form following that is to say