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cause_n	court_n	justice_n	law_n	3,065	5	4.7299	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

of Fines the Plaintiff shewed divers Court Rolls of Admittances upon Surrenders and that the Fines taken by the Lord were not certain but sometimes one sometimes another Per Curiam To prove a Custom for uncertainty of Fines and not to be certain two years Rent there ought to be shewed Court Rolls Fines upon Discent and Purchase and that in Cases of Descents and that upon such Admittances they used to pay two years Rent the proof ought to be in case of Descents for in case of a Surrender or Purchase the Lord may take what Fine he will But such Fines are no proof to prove the taking uncertain Fines by the Custom but the same ought to be in cases of Descents Of Fines reasonable Excessive Fines how to be determined But where the Fines are uncertain yet the Lord cannot exact excessive Fines and if the Copy-holder deny to pay it it shall be determined by the Opinion of the Judges before whom the matter depends Hubbard and Hamon's Case cited 1 Brownl 186.4 Rep. 27. mesme Case Co. Lit. 59 60. To this purpose is Denny and Lemon's Case Hobart p. 135. Copy-holder brought Trespass against his Lord. Defendant pleads he had admitted the Copy-holder and had assessed a Fine of twenty Nobles and had appointed him to pay it to his Bayliff at his House within the Manor three Months after and alledged he had not paid it The Plaintiff demurs Whether in pleading the reasonableness of the Fine must be averred for that the Lord had not averred the Fine was reasonable But Per Cur. the Lord is not bound to aver it but it must come on the Copy-holders side to shew the circumstances of the Case to make it appear to the Court to be unreasonable and so to put it upon the Judgment of the Court for the Fine in Law is arbitrary and is due to the Lord of common Right and it is only in point of excuse to the Tenant if it be unreasonable and the Court shall judge the unreasonableness of it The Copy-holder if he be Defendant may plead not Guilty and then it shall come in Evidence whether the Fine were reasonable or not and so is the Opinion of my Lord Coke Comment upon Lit. Sect. 74. The reasonableness saith he shall be discussed by the Justices upon the true circumstances of the case appearing unto them and if the Court where the Cause dependeth adjudgeth the Fine exacted unreasonable then is not the Copy-holder compellable to pay it for all excessiveness is abhorred in the Law It was argued in Wheeler and Honor's Case That all Fines are reasonable unless the contrary appear 1 Keb. 154. What Customs are good as to payment of Fines Of Fines due by the Copy-holder to the Lord some be by change or alteration of the Lord and some by change or alteration of the Tenant If the Fine be due by the alteration of the Lord such alteration must be by act of God Fines due by the alteration of the Lord. for if the Lord do alledge a Custom within his Manor to have a Fine of every one of his Copy-holders at the alteration or change of the Lord of the Manor be it by alienation demise death or otherwise this Custom is against the Law as to the change of the Lord by the act of the Party for by that means the Copy-holders should be oppressed by the multitudes of Fines by the Lords own act but when the change groweth by the act of God there the Custom is good By the act of God as by the death of the Lord Co. Lit. 59. b. Due by the alteration of the Tenant But it is a good Custom that the Copy-holder had used to pay a Fine upon every alteration of the Tenant either by the act of God or by the act of the Party Co. Lit. 59. b. Armstrong's Case The Fine is to be assessed by the Lord. The Fine by whom to be assessed But in some places the Custom is That the succeeding Copy-holder shall compound with the Lord for his Fine and if he cannot compound then the Homage of the Manor shall assess the Fine as was the Case of Ford and Hoskins Cro. Jac. 368. Custom not to pay a Fine till full Age. The Custom is not to pay a Fine till one come to Age it s a good Custom 3 Keb. 90. agreed to in Champian and Atkinson's Case Fines as to Admittances to Reversions or Remainders Copy-holder in Fee surrenders to the Use of another for Life when Lessee dyes he shall not pay a Fine for his Admittance to the Reversion for this continues always in him 2 Rep. 107. Margaret Podger's Case If Copy-holder in Fee surrender to the Use of one for Life the Remainder to another for Life the Remainder to another in Fee there is but one Fine due for the particular Estate and the Remainders are but one Estate 1 Rolls Abr. 505. What refusal to pay a Fine shall be a Forfeiture or not If the Fine be uncertain Notice to be given if the Fines be uncertain notice must be given before there be a Forfeiture aliter if the Fine be certain but yet Denny and Lemon's Case is good Law Time and place must be ascertained and refusal must be proved 1 Keb. 154. 4 Rep. 27 28. The Lord assesseth a Fine of 12 l. to be paid by a Copy-holder Tendring the Fine certain though not the Fine assess'd is no forfeiture and appoints it to be paid at his Capital Messuage of the Manor three Months after and the Copy-holder pretending the Fine to be certain viz. two years Quit-Rent offered at the day of assessing the Fine according to the Rent for two years but at the day appointed for the payment thereof cometh not thither to excuse his non-payment nor makes any other refusal Per Cur. this is in Law a forfeiture of his Copy-hold but if he had come at the day assigned him for the payment and had then tendred the two years Quit-Rent being the Fine certain though not the Fine assessed it had been no forfeiture Cro. Jac. p. 617. Gardner and Norman It is adjudged in the Case of Dalton and Hammond More n. 851. If the Fine be certain the Tenant is to bring it with him to the Court and pay it before Admittance and if he be not ready to pay it it s a Forfeiture aliter of the refusal to pay an excessive Fine Where a Copy-holder hath divers several Lands For every several Tenure several Fines severally holden by several Services by Copy there the Lord may assess and demand Fines severally for every parcel which is so severally held for the Tenant may refuse to pay a Fine for the one and so forfeit this and yet pay the Fines for the others and for every several Tenure the Lord ought to demand and assess a several Fine as in Tavernor and Cromwel's Case 4 Rep. 28. Hobart and Hamond's Case How the

Plaintiff replyed That the Copy-holder by Licence first then had of the Lord did demise and did not shew what Estate the Lord had nor the time and place when it was made it is not good for the Licence is traversable The Defendant cannot plead That the Plaintiff by Licence did not demise for this is a negative pregnant 2 Browl. 40. Petty and Evans Licentia dat ad dimittendas terras custumarias Co. Ent. 185. CAP. XXII Of Forfeitures What shall amount to a Forfeiture of a Copy-hold Estate by act of the Party by non-feazance or misfeazance Of refusal of Writ Services c. Non-Appearance at Courts Of making Leases not warranted Rent shall be said a Covenant and no Lease and so shall be no Forfeiture VVhat Alienation shall be a Forfeiture or not Of Forfeiture by wast in Trees By Attainder of the Tenant What act of the Husband shall forfeit the Wifes Land or not Who shall take advantage of a Forfeiture Where the Lord shall take advantage before a Presentment or not VVhere the Forfeiture of one Copy-holder shall be the Forfeiture of another as to Estates or Persons What is a dispensation of a Forfeiture and of what Forfeitures in the Life of the Ancestor the Heir shall take advantage Of Forfeitures What shall amount to a Forfeiture of a Copy-hold Estate BY act of the Party By Operatation of the Law What act of the Party respecting Non-Feazance Mis-Feazance Of refusal to pay Rent perform Services or Suit of Court when they shall be causes of Forfeitures or not A Copy-holder hath an Inheritance by Custom but when he doth that which is contrary to the Custom as to cut down Trees c. he shall then be in no better a condition than a bare Tenant at will and so it will be a Forfeiture If a Copy-holder be to pay a certain Rent yearly by his Copy to the Lord and the Lord comes upon the Land and demands the Rent at the day if the Copy-holder being present refuseth to pay it this is a Forfeiture but if in such Case the Copy-holder saith to the Lord he hath not his Rent ready this is not any Forfeiture for the Lord may Distrain 1 Rolls Abr. 506. therefore the Case in Cokes Copy-holder p. 189. is not Law which saith That if the Copy-holder tells his Lord that he wanteth Mony to discharge the Rent and intreateth him to forbear unless the Lord giveth his consent that this is a Forfeiture vide Noy p. 58. Crispe and Fryar Cro. El. 505. mesme Case A Widow had Copy-hold Land and knew not how to pay her Rent and divers persons came for the Rent but she dismist them with dilatory Answers last of all comes a young Gallant and demands the Rent she answers That she did not know him but if he would dance before her if she liked his dancing she would pay it This denyal was adjudged no Forfeiture not being wilful Lit. Rep. 268 in Paston and Uthert's Case Voluntary refusal If the Copy-holder be absent when the Lord demands the Rent at a day and none is there to pay it this is a refusal in Law yet this is no Forfeiture for this amounts not to a voluntary refusal and there ought to be a demand of the person of the Copy-holder to make a Forfeiture Hob. p. 135. Denny and Lemon p. 38. El. B. R. Crisp and Fryer And therefore that other Assertion in Cokes Copy-holder p. 190 That if the Lord continue in making his demand upon the Land and the Copy-holder is still absent Absence that this makes the Copy-holders Estate subject to a Forfeiture seems not to be Law for the Lord may have other remedy for his Rent William's Case cited in Latch 122. Grey and Ulisses was thus The Lord demanded the Rent of his Copy-holder and he answered that he had it not with him then but that he would pay it as soon as he could the Lord said pay this at my House such a day which House was within the Manor it was resolved that the first words were not any Forfeiture Notice to pay the Rent at a place out of the Manor but when the Lord assigned him a day certain at which day he pays it not this failure amounts to a wilful refusal and was a Forfeiture But had the place been out of the Manor it had been no Forfeiture which Crew Chief Justice agreed to Copy-holder in Fee rendring Rent at Michaelmas and Lady-day Not paid at the last instant of the day he suffers the Rent to be unpaid for three years the Lord at the last Instant of the day of payment demands the Rent upon the Land and the Copy-holder is not there to pay it the better Opinion was that it is a Forfeiture Moor n. 468. Crisp and Fryar An Act which makes a Forfeiture ought to be to the disherison of the Lord of his Copy-hold not of a collateral thing Copy-holds are determinable the same way as Estates at Will When a Copy-holder doth acts as Owner not warranted by the Custom 5 Rep. 13. as Waste unless the special Custom aid 2 Keb. 466. Ivery's Case If the Estate of the Lord of the Manor cease by limitation of Use and the Use and Estate of it is transferred to another Notice of the alteration of the use and Estate or else no Forfeiture for denyal of payment of Rent who demands the Rent of the Copy-holder and he denies to pay it this is no Forfeiture without notice given to the Copy-holder of the Use and Estate Beconshaw and Southcot's Case cited in 8 Rep. 92. Francis's Case Bargainee of a Manor by Deed Indented and Inrolled shall not take advantage of the Forfeiture of a Copy-hold for denyal of payment of Rent to him without notice given to him of the Bargain and Sale agreed for Law in Francis's Case 8 Rep. Copy-holder before any Rent due saith he will not pay any Rent to the Lord hereafter What words of denyal amount to a Forfeiture or not or when a Court is to be holden that he will not appear to do any Suit at the Court of the Lord these are no Forfeitures But if his Rent being due he denies it or when the Court is holden he saith he will not do any Suit the same is a Forfeiture Sir Christopher Hatton's Case cited 3 Leon. 108. in Tavernor and Cromwel's Case Vide supra Paston and Utbert's Case In case of the forfeiture of a Copy-hold either for Rent or Fine the Lord must demand the Rent or Fine of the person of the Tenant Fine and therefore in Denny and Lemon's Case Hob. p. 135. Demand must be made of the person of the Tenant In Trespass by the Copy-holder against his Lord the Defendant pleads he had admitted the Copy-holder and assessed a Fine of 20 Nobles upon it and had appointed him to pay it to his Bayliff at his House being within the Manor three Months after and alledged That he

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

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

and from E. F. Lord of the Manor of W. in the County of S. for the granting and letting to Farm the Tenements c. hereafter in and by these presents demised to the said C. D. according to the tenor and true meaning of these presents Hath demised leased and to farm let and by these presents doth demise lease and to farm let unto the said C. D. c. all c. To have and to hold the said c. with their and every of their Apputenances unto the said C. D. his Executors Administrators and Assigns from the c. for and during the term and unto the full end and term of c. from thenceforth next ensuing and fully to be compleat and ended Yielding and paying therefore yearly and every year during the said term unto the said A. B. his Heirs and Assigns the yearly Rent or Sum of 3 s. of c. at c. with clause of Distress c. and usual Covenants to repair c. And also the said C. D. for himself his Executors Administrators and Assigns and every of them doth covenant promise and grant to and with the said A. B. his Heirs Executors and Assigns That he the said C. D. his Executors nor Assigns nor any of them shall do or wittingly or willingly permit or suffer any act matter or thing whatsoever which may forfeit lose or impair the Estate or Interest of the said A. B. of in or to the said hereby demised Premisses or of in or to any part or parcel thereof or which may be otherwise hurtful or prejudicial to the said A. B. his Heirs or Assigns for or concerning the having holding or enjoying of the same or any part thereof And the said A. B. for himself his c. doth covenant and grant to and with the said C. D. his Executors and Assigns that he the said C. D. his Executors and Assigns under the payment of the said yearly Rent and performance of the Covenants and Agreements aforesaid which on his and their parts and behalfs are and ought to be performed shall and may quietly and peaceably have hold and enjoy all and singular the before-mentioned to be hereby demised Premisses and every part and parcel thereof during the term hereby demised without any interruption molestation or eviction of him the said A. B. his Heirs and Assigns or of any person or persons whatsoever now lawfully claiming or that shall or may hereafter lawfully claim any Estate Right Title or Interest of in or to the same or any part thereof by from or under him them or any of them And also that he the said A. B. his Heirs Executors and Assigns or some or one of them shall and will from time to time and at all times hereafter discharge or upon reasonable request save harmless and keep indemnified the said C. D. his Executors and Assigns of for and from all Quit-Rents payments Duties and Services to be had paid made or done for or out of the said hereby demised Premisses or any part thereof to the said E. F. Lord of the Manor aforesaid his Heirs and Assigns A Release of a Copy hold Estate To all Christian people to whom these presents shall come A. B. of c. and C. B. of c. Brother of the said A. B. send Greeting Whereas the said A. B. is or was seized for and during the term of his natural Life according to the Custom of the Manor of W. in the c. of and in one Copy-hold Messuage or Tenement with the Appurtenances in W. aforesaid being parcel of the said Manor late in the Tenure or Occupation of c. deceased and of and in several parcels of Land Meadow and Pasture to the same belonging or reputed part thereof And whereas the said C. B. hath a Copy-hold Estate for the term of his Life in the said Messuage and Premisses in Reversion after the death of the said A. B. as by the Court Rolls of the said Manor of W. more at large appeareth Now know ye therefore That the said A. B. and C. B. for and in pursuance of an Agreement heretofore made and concluded between the said A. B. E. F. Esq Lord of the said Manor of W. of and for the said Copy-hold Estate and for and in consideration of the Sum of c. of lawful mony of England by him the said E. F. in hand paid to the said A. B. and C. B. or one of them before the sealing and delivery hereof the receit whereof they do hereby acknowledge and for other good causes and considerations them hereunto moving have granted yeilded up surrendred remised released and quit claimed and by these presents they the said A. B. and C. B. do and either of them doth grant yield up surrender remise release and for ever quit claim unto the said E. F. and unto F. C. of c. and to their Heirs Executors and Administrators for ever which said E. F. and F. C. are or one of them now is Lord of the said Manor of W. and are or one of them now is in the actual possession of the said Premisses their said several and respective Copy-hold Estates in the said Messuage Lands and Premisses and in any part or parcel of the same and all their and either of their Estate as well Free-hold as Copy-hold Right Title Interest Possession Claim and Demand whatsoever either in Law or Equity or according to the Custom of the said Manor or otherwise howsoever And the said A. B. and C. B. do for themselves their Heirs Executors and Administrators covenant and grant to and with the said E. F. and F. C. their Heirs Executors and Administrators by these presents that they the said A. B. and C. B. shall and will from time to time and at all times hereafter upon request and at the Costs and Charges in the Law of the said E. F. and F. C. or either of them do and perfect or cause to be done and perfected all such lawful and reasonable acts and things in the Law for the surrendring barring and extinguishing of their or either of their Right and Estate as well Free-hold as Customary and all their or either of their Claim or Demand in or to the said Messuage or Tenement and Premisses or any of them as by them the said E. F. or either of them their or either Heirs or Assigns of the said Manor shall be reasonably advised and required In Witness c. Copy of a Court Roll or an Extract of a Surrender out of the Rolls of the Court. Ad curiam Baron F. R. Mil Baronet Dom manerij pred ibid tentur die Lune videlicet secundo die Junij Anno Domini millesimo sextentesimo nonagesimo Annoque Regni Domini 〈◊〉 Gulielmi Mariae Dei gratia Anglie Scotie Francie Hibernie Regis Regine fidei defensor c. primo coram S. C. Arm Senescallo ibid Irrotulatur sic Ad hanc curiam venit A.

be in the Tenant before Admittance and to what purposes not 155 Where there need no Admittance 154 In what cases the Lord shall be compelled to make Admittances 157 Actions Suits What Actions may be brought by the Lord 256 What Actions may be brought by the Copy-holder 256 257 258 What Actions the Copy-holder shall have against Strangers 258 Action on the Case by a Copy-holder for digging Turfs on the Common and Narr ' 261 No Actions or Remedies for Fines Rents Amerciament after Sale of the Manor 263 Of Copy-holders being impleaded and impleadable in the Lords Courts and the remedy there and how to be relieved against faux Judgment there 265 Copy-holder shall not have Assise against his Lord ibid. Copy-hold Inheritance shall not be Assets in the Heirs hands 267 Where Attornment is necessary to the passing of a Manor and where not 9 Attornment not necessary in the Grant of a Reversion of a Copy-hold Authority must be strictly persued Avowry for Rent by Lessee of a Copy-holder 262 Action must be brought in the name of a Copy-holder Lunatick and not in the name of the Committees 263 Acceptance of a Lease by the Tenant destroys the Copy-hold 225 Action on the Case lyes against the Lord for non-Admittance by the Surrendror but not by Cesty que use Chancery will compel the Lord to admit a Tenant 321 Admittance where it shall be pleaded as a Grant 271 B. Baron and Feme Custom That the Wife Feme Covert may devise good 55 Where the severance of the customary Tenants from the Manor shall not prejudice the Wife in her customary Estate 5 If the Lord enfeoff the Copy-holder this destroys the Widows Free-Bench 56 Of the transferring and assigning the Copy-hold Estate of a Bankrupts by Commissioners 251 Where and what acts of the Husband shall forfeit the Wives Estate or not 211 Copy-holds within the Statutes of Bankrupts 201 Of customary By-Laws 48 C. Original and nature of Copy-holds 1 Copy-hold created and guided by Custom 28 How a Copy Copy-holder and bare Tenant at Will differ 14 Three sorts of Copy-holders 70 Who may be said to be customary Tenants and in what respects What Evidence Copy-holders have for their Estates Copy-holders may have Sola separalis pastura in the Lords Soyl and exclude the Lord 66 Where a Copy-holder shall hold his Land charged by the Lord or the Copy-holder as to Dower Rents Charge and Statutes and how and where they shall be avoided 233 Custom The Nature of it 25 To be taken strictly and in many cases Cases Secundum vulgarem conceptum cannot extend out of the Manor 29 What is a good Custom or not and what things are required to the making a good Custom 30 How Customs ought to be certain 32 Of the reasonableness of Customs and when they are said to be unreasonable or not 33 Several Customs in several places 35 Three supporters of Copy-hold Custom 36 Of Customs enabling or disabling 36 37 Where a Custom shall be said to be pursued or not 43 Where one shall be Tenant by the Curtesie of a Copy-hold without Admittance of the Wife 86 Where Copy-hold is extinct Common is lost 62 Severance by the Lord shall not prejudice the Commoner 41 62 The nature of a Court Baron 73 Courts may be held out of the Manor by Custom and where 75 Of warning of Courts being holden at what place Relief for a Copy-holder in Chancery in many Cases where none is at Law 319 Chancery will design the bounds of Fines and of a Copy-hold but not whether parcel or not parcel 321 The Lord Decreed to hold a Court 324 Fines and Rents arrear not relieved after the Sale of the Manor 324 Composition decreed Statute 32 H. 8. cap. 7. against Champertry extends to Copy-hold 251 Copy-hold is not within Statute 31 Eliz. of Cottages 254 Copy-hold is not within the Stat. 32 H. 8. Of Entrys for Conditions broken 150 D. Demesns what 3 Dimis dimissib how to be understood Custom extends not to collateral Discents Discent of a Copy-hold Tolls not an Entry 68 Where the Heir shall be in by Discent or Purchase Copy-hold Estates how discontinued or not Surrender makes not a Discontinuance 175 176 What shall amount to a Discontinuance 69 Distress Avowry for Rent of a Copy-hold 236 Copy-holders Beasts distrainable or not for a Rent Charge 236 What shall be said a Disseisin as to Copy-hold Estates or not 255 Whether in Declaration in Ejectment the Plaintiff need to shew that the Lease was warranted by the Custom 257 Declaration by a Copy-holder That he is seised in Dominico suo ut de feodo secundum consuetud Manerii and also must shew that they are customary Lands 268 Presidents of Declarations ibid. E. Exposition of words Dimiss Dimissibile 16 Solum modo 44 Cum pertin 92 94 Ejectment brought by Copy-holder and how to declare 257 259 Emblements who shall have them upon a Ferfeiture 219 220 254 Evidence What shall be good Evidence to prove a Custom 305 Special Customs within several Limits ought to be shewed 306 Custom found 306 307 Evidence of Prescription 307 308 Where proof by Court Rolls are good Evidence 309 Copy of a Lease where good Evidence ibid. Who and what may be admitted to give Evidence Steward Court Books c. ibid. Extingushment A Copy-hold may be extinct as to the Services and remain as to the Customary Estate Copy-hold though severed from the Manor by the Lords act is not destroyed 222 Acceptance of a Lease by the Tenant destroys the Copy-hold 225 Copy-hold extinct by the Copy-holders Release to the Lord and where or how a Right to a Copy-hold shall shall be exinct by a Release 226 228 Copy-hold suspended and revived 230 231 After Escheat of a Copy-hold the Wife shall not be endowed 233 The Statute of VV. 2. that gives Elegits extends not to Copy-hold 253 F. Copy-hold Estates are within the words and intention of the Statute of Fines and non-claim 247 248 Of Copy-holder compounding for a Fine Fine on Admittance when to be paid 159 Of Fines certain 159 What Evidence shall prove the uncertainty of Fines 160 Excessive Fines how to be determined 160 What Customs are good as to payment of Fines and what not 161 Fine by whom to be Assessed 162 For every several Tenure several Fines 163 How the Lord shall recover his Fine 164 Difference as to what may pass by a Fine or be barred by a Fine at Common Law 176 Outragious Fines relieved in Chancery Forfeiture 319 Notice must be given if the Fines be uncertain before there can be a Forfeiture 198 Refusal to pay an excessive Fine no Forfeiture 198 What shall amount to a Forfeiture of a Copy-hold Estate 69 194 195 Refusal to pay Rent perform Services or Suit of Court when they shall be cause of Forfeitures 195 What words of denyal amount to a Forfeiture 197 Demand must be made of the person of a Tenant for a Fine or