Copy-hold-estate without there was some express verbal Denial of it which there was not in this Case A Copy-holder seised by force of several M. 37 Eliz. B. R. Tavernor and Lord Cromwel's Case Cro. 1. part Copies of Black-acre by the Rent of 4d White-acre by the Rent of 4d and Green-acre by the Rent of 6d denied the Rent of Black-acre In that case it was holden to be a Forfeiture of that Acre but no Forfeiture of the other two Acres because although they were all in one hand yet because they were holden by several Rents the Forfeiture of the one Acre cannot be the Forfeiture of the other two Acres No Fine is either due or payable to the Lord but either upon a Discent or Vid. Coke 4. part 28. in Sands Case upon an Admittance But if such a Copy-holder upon his Admittance shall make an absolute Refusal to pay the Fine to the Lord the same is a Forfeiture of his Copy-hold and of his Estate But there such a Fine must be reasonable For if the Fine assessed by the Lord be an unreasonable Fine of which the Judges shall determine a Refusal or Denial of the Copy-holder to pay the same shall be no Forfeiture of his Estate or Copy-hold Note It was Resolved by the Justices M. 43 Eliz. Dalton and Hamond's Case Moorâ— 622. That if the Lord demandeth an unreasonable Fine of his Copy-holder and he refuseth to pay it it is no Forfeiture otherwise where it is a reasonable Fine If a Fine be certain the Tenant is to bring it with him to the Court and to pay it before Admittance and if he be not ready to pay it it is a Forfeiture and so it was adjudged But what shall be a reasonable Fine or an unreasonable Fine ought to be determined per arbitrium boni viri and the Court and Justices of it shall be Judges of the Reasonablenesse of the same if it be pleaded that the Fine demanded by the Lord or the Distress for it be unreasonable or excessive A Copy-holder seised of Copy-hold-lands M. 6 Jac. in C. B. Willowes and Willowes Case Coke Select Cases of the yearly value of 53s 4d per annum and no more surrendred them into the hands of the Lord of the Manor to the Use of J S and his Heirs The Custome of the Manor was That upon the Admission of any person a reasonable Fine shall be assessed by the Lord or his Steward to be paid The Steward at the Court holden for the said Manor assessed a Fine of 5l 6s 8d the value of the Lands for 2 years to be paid by J S for a Fine which Fine being requested of him by the Lord to pay he refused to pay the same whereupon the Lord entred upon the Lands for a Forfeiture In which Case these Points were Resolved 1. That if the Fine assessed had been reasonable yet a certain time was to be set and a certain place where it should be paid for it shall not be intended that the Tenant hath sufficient Money about him to pay a Fine which is uncertain to be assessed 2. That the Fine assessed by the Steward was an unreasonable Fine and 3. That the Refusal was no Forfeiture If the Fine of a Copy-holder be assessed H. 13 Jac. C. B. Denny and Lemon's Case Hob. 135. Co. 11. part Godfrie's Case acc by the Lord or his Steward be the Fine reasonable or unreasonable the Lord must demand the Fine of the Copy-holder before he can enter upon the Copy-hold for not payment thereof and the Reasonablenesse or Unreasonablenesse thereof shall be adjudged by the Court. Lands being Customary Lands and P. 30 Eliz. B. R. Aumory and Eves Case Leon. 1 part 100. by the Custome discendable to the younger Son the Father died the younger Son being of the age of 2 years Thirty years incurred after the death of the Father and no Court had been holden for the Lord of the Manor But in the interim the younger Son had made a Lease of the Lands to a Stranger and after at the next Court holden for the Manor he came into Court and prayed to be admitted but the Steward refused to admit him It was holden in this Case That the Lease made by him was good and that there was no negligence in him to be admitted to the Copy-hold-estate for that it was holden in this Case That if a Copy-holder dieth his Heir within age he is not bound to come at any Court during his Nonage to pray Admittance or to tender his Fine for the same and if the death of the Ancestor be not presented nor Proclamations made that the Heir come in to take up the Land and pay his Fine the Heir shall not forfeit his Land for such neglect although he be of full age If the Homagers in a Court-Baron 4 Eliz. Dyer 211. being Copy-holders do refuse to make their Presentments it is a Forfeiture of their Copy-holds and so it was Resolved to be by both the Chief Justices in the Star-Chamber in the Earl of Arundel's Case A Copy-holder came not to the Lord's H. 13 Jac. B. R. Belfield and Adams Case Bulstr 3. part 81. Court of the Manor to doe his Suit and Service by the space of 3 years together The Question was if it was a sufficient cause of Forfeiture of his Copy-hold It was said by the Court That it was no cause of Forfeiture if a Warning be not given by the Lord of the time of his Court to be holden and notice thereof given to the Copy-holder himself and the withdrawing of his Suit by a Copy-holder is onely fineable but if he doth deny to doe his Suit and Servâ—â—e then it is a Forefeiture of his Copy-hold and so was it adjudged M. 14 Jac. in B. R. in Hammond and Winibank's Case Summons was given at the Church-door H. 36 Eliz. in Co. B. Godb. 142. for a Copy-holder to appear at the Lord's Court and doe his Suit and Service upon which Summons he did not Vid. M. 30 Eliz. C. B. Sir John Bruanche's Case Leon. 1 part 104. Where general Warning of a Copy-holder to appear at the Lord's Court given within the Parish shall be sufficient where not appear The Doubt was if it was a cause of Forfeiture of his Copy-hold It was the opinion of the whole Court That it was no cause of Forfeiture of his Copy-hold because that it was not shewed that it was the Custome to make such Summons and the Court said That it were hard to make it a Forfeiture because perhaps the Copy-holder had not Notice of it and they held that in such case Notice must be given to the person and his Refusall must be a wilfull Refusall The Custome of a Manor was That if H. 25 Eliz. in B. R. Borneford and Sir John Packington's Case Leon. 1. part 1. a Copy-holder died seised his Wife should hold his Lands as her Free-Bench and be admitted Tenant
entred in the name of the Daughters who disagreed to it It was Resolved That it was a Condition but not broken without demand of their Summs at their full ages and when they disagreed to the Entry the Entry of the youngest Brother was not lawfull A Copy-holder surrendred his Lands M. 13 Jac. B. R. Simpson and Sothern's Case Cro. 2. part into the hands of the Lord Habendum after his death to the Use of an Enfant en ventre sa Mier Resolved that a Surrender to an Enfant en ventre sa Mier was not good as an immediate Surrender for that it cannot begin at a day to come And whereas a Remainder was thereupon limited over it was holden to be void because it was to begin upon a Condition precedent Vid. the Condition which was never performed and therefore the Surrender into the hands of the Lord was void because he takes it but as an Instrument to convey it over SECT XVI Where Custome which warrants the Lord or his Copy-holder to grant greater Estates warrants the Grants of lesser Estates Proofs THE Custome of a Manor is That 36 Eliz. Co. 4. part Gravenor and Tedd's Case a Copy-hold-estate may be granted in Fee-simple In that Case it was adjudged That an Estate thereof granted to one and the Heirs of his body is good and within the Custome for Ubi licet quod est majus non debet quod est minus non licere The Custome of a Manor is That 39 Eliz. in B. R. Downs and Hopkins Case Copy-hold-estates may be granted for life or lives In such case a Grant is made to a Woman durante Viduitate suâ And it was adjudged good and within the Custome for that every Grant for life is durante Viduitate but every Grant durante Viduitate is not for life The Custome of a Manor out of mind H. 34 Eliz. B. R. Stanton and Barney's Case used was To grant certain Lands parcell of the said Manor in Fee-simple and never any Grant was made to any and the Heirs of his body for life or for years The Lord of the Manor did make a Grant by Copy to one for life the Remainder over to another and the Heirs of his body It was adjudged That the Grant and the Remainder over was good for the Lord having an Authority by Custome and an Interest withall might grant any lesser Estate but otherwise it is where one hath but a bare Authority In Trespass the Issue was if the Lord P. 29 Eliz. C. B. Kempe and Carter's Case Leon. 1. part 56. of the Manor granted the Lands per Copiam Rotulorum Curiae Manerii secundùm Consuetudinem Manerii praedict It was given in Evidence that the Lord of late at his Court granted the Lands per Copiam Curiae where it was never granted by Copy before In that case the Jury are bound to find quòd Dominus non concessit as it was holden by the Court. For although de facto Dominus concessit per Copiam Rotulorum Curiae yet non concessit secundùm Consuetudinem Manerii praedict But in that Case it was holden If Customary Lands had been grantable in Fee if the same Land escheat to the Lord and he grant the same to another for life it is a good Grant and warranted by the Custome for the Custome which enables him to grant in Fee shall enable him to grant for life If a Copy-hold-estate fall into the M. 15 16 Eliz. in Co. B. adjudge acc hands of the Lord by Escheat Forfeiture or the like and the Lord make a Lease thereof for years or life by Deed or without Deed or if he make a Feoffment of it upon Condition or if the Copy-hold so escheated c. be extended upon a Statute or a Recognizance or the same Land be assigned to the Wife of the Lord in Dower In all these cases the Land can never be granted again by Copy because after such Disposition thereof it was not demiseable But if the Interruptions were not lawfull but tortious as if the Lord be disseised or if the Land be recovered against the Lord by a false Verdict or by an erroneous Judgment yet after the Land is re-continued and the Interruption which was wrongfull removed the Land is grantable again by the Lord by Copy SECT XVII Who shall be said such a Lord of a Manor as may grant Copy-hold-estates and how long such Estates shall continue and what persons shall be capable of Copy-hold-estates what not and what may be granted by Copy EVery one who hath a lawfull Estate Coke 1. part Instit 58. or Interest in the Manor be it Fee Fee-tail Dower Tenantry by the curtesie of England Tenantry for life or years Guardian Tenant by Statute-Merchant or Elegit are sufficient Lords and persons to grant Copy-hold-estates to others And in some special case Estates in Copy-hold-lands may be granted by such a one who hath no Estate or Interest in the Manor Proofs A Guardian in Socage held a Copy-Court Tr. 1 Jac. B. R. Soapland and Ridler's Case Owen 115. in his own name and granted Copies in Reversion Adjudged he was Dominus pro tempore and had an Interest in the Lands for he might make a Lease thereof in his own name and therefore he might both grant Copies and also admit Copy-holders to Estates before granted But the Bailiff of a Manor hath no Interest in the Manor and therefore he cannot grant Copies of the Land holden of the Manor The Custome of a Manor was That P. 41 Eliz. B. R. Ga◠and Kay's Case Cro. 1. part Dominus pro tempore might make a Demise for 2 or 3 Lives in Possession or Reversion A Woman Tenant in Dower for life of the Manor granted a Copy-hold to J S and 2 others for their Lives Habendum post mortem of A B and died A B died It was holden by the Court in this Case That the Grant was good in Reversion although it was not executed in the life of the Tenant in Dower And Vide That the Lord of a Manor for life or any other particular Estate having Interest in the Manor might grant Copies in Reversion of Lands which are holden by Copy of Court-Roll although the Grants were not executed in the life of the Grantors as it was adjudged in Sir H. 14 Eliz. the Earl of Oxford's Case Moore 95. Peter Carew's Case Quere for Hil. 14 Eliz. in the Earl of Oxford's Case in Moore 95. it is not good unless it come in Possession during the life of the Grantor Note It was holden by the Justices P. 15 Car. C. B. Godb. 6. acc P. 15 Jac. in Co. B. That there ought to be a Custome to enable the Lord of the Manor to make a Grant of a Copy-hold in Reversion Generally Things which lie not in Tenure as Advowsons in grosse Commons in grosse or the like incorporate Inheritances out of which a Rent cannot be
E. 6. a Custome that a Lessee for years may hold the Land for half a year after his Term ended is no good Custome But it was agreed That the Lord of a Copy-hold might by Custome lease the same for life and 40 years after and that such a Custome was good A Custome was alledged That all Inhabitants Tr. 14 Jac. in Co. B. Harbin and Green's Case Moore 887. of certain Messuages holden of the Bishop of S had used to grind their Corn which they used to spend in their Houses or should sell at certain Mills called the Bishops Mills in S and not elsewhere without the Licence of the Bishop It was the opinion of the Justices That it was a void and unreasonable Custome to grind all their Corn there which they should sell c. The Custome of the Manor of Y in the P. 13 Jac. Ford and Hoâ—kâ—n's Case Moore 842. County of Dorset was That every Copy-holder might name who should have his Copy-hold and that the Lord ought to admit the Copy-holder so named at the death of the Nominator Quere if it be a good Custome because the person nominated hath neither jus ad rem nec in re the Interest being in the Lord and a man cannot gain an Interest to himself from the Lord against the will of the Lord. And therefore it was holden That where the party in that case brought an Action against the Lord for denying to admit him to the Copy-hold upon such Nomination the Action would not lie But Quere that Case as to the Custome for that in 45 Eliz. in B. R. in Powell 45 Eliz. B. R. Powell and Peacock's Case and Peacock's Case it was adjudged That a Custome that a Copy-holder in Fee might nominate his Successor and so in perpetuum was adjudged a good Custome Vid. Hob. Reports 6 and 11. Brock and Spencer's Case And Vid. Brock and Spencer's Case in Hobart 6 and 11. a Custome that such a Copy-holder in Fee might fell Timber-trees was adjudged a good Custome The Custome of a Manor was That P. 41 Eliz. B. R. Parman and Bowyer 's Case if any Tenant allowed his Lands holden of the Manor by Writing or Feoffment or devised them or surrendred them into Vid. the same Case in Anderson's 2. part 125. where it seemeth the Custome was much doubed if good or â—ot the hands of the Lord of the Manor to the Use of another that such Alienation Feoffment Devise or Surrender ought to be presented within one Year next after It was said It was no good Custome But the Court ruled the Custome to be good and agreeable to the Law for that it is reason that the Lord should know c. Tant Vid. before A Custome was That a Copy-holder Vid. Willis and Bucknall's Case in B. R. Style 's Reports 311. of Inheritance might make a Letter of Attorney to two Joynt-tenants and severally to surrender his Copy-hold-lands in Fee to certain Uses after his death It was Resolved That the Custome was a void Custome because by the death of the Copy-holder the Lands were settled in the Heir and an Authority given to devest him was not good The Custome of a Manor was That M. 21 Jac. Cro. 2. part Page's Case the Land was devisable by Custome for 21 years paying the treble value of the Rent and if the Lessee died that the Term should be to his Heirs paying for a Fine one year 's Rent and if he assigned it the Assignee to have it for one year's value of the Rent and that he might renew the Devise for 3 years value The Court held all the said Customes to be good and reasonable The Custome of a Manor was That if P. 17 Car. in B. R. Thorne and Tyler's Case any Copy-hold-tenant did suffer his Messuage to be ruined for want of Reparations and the same be presented in Court by the Homage that such a Tenant should be amerced and that the Lord had used to distrain the Beasts as well of the Under-tenant as of the Tenant himself which were levant and couchant upon the Lands for such Amercement It was said That the Custome was not good but unreasonable to distrain a Stranger 's Cattel such as the Under-tenant was But it was Resolved that the Custome was good for the Under-tenant although he was but Tenant for a year yet he should have all the benefits and privileges which the Copy-holder himself should have had qui sentit Commodum sentire debet Onus and he is distrainable for the Rents and Services due and payable to the Lord and the Charge lies upon the Land and not upon the Custome and therefore the Custome is good The Custome of a Manor was shewed H. 37 Eliz. B. R. Brown and Foster's Case Cro. 1. part acc to be That any Copy-holder of the Manor may surrender within any place of the Manor into the hands of two Tenants and if a Surrender be to the Use of a Stranger without expressing any Estate that the Lord might grant it in Fee to him to whom the Surrender was made It was objected That the Custome was unreasonable because it is to charge the Land with a greater Estate then the Copy-holder gave On the other side it was said That the Custome was good for that the Lord is Chancellour in his own Court and might dispose thereof when the Tenant leaves it uncertain Quere for the Case was not Resolved SECT XX. Where and in what case a Copy-holder or his Lessee upon an Ouster may have and maintain against the Ejector an Ejectione firme and where and in what not Proofs IN Ejectione firme the Case was The H. 38 Eliz. C. B. Wells and Partridge's Case Cro. 1. part Plaintiff was Lessee for years of a Copy-hold and the Custome of the Manor was That a Copy-holder might let the Land for 3 years It was the opinion of Anderson Chief Justice That the Lessee of a Copy-holder cannot maintain Ejectione firme but if he might he ought to shew his Lessor's Estate or his Licence or a special Custome to warrant it A Copy-holder made a Lease for M. 14 15 Eliz. Leon. 1. part 4. years by Indenture warranted by the Custome It was adjudged That the Lessee should maintain Ejectione firme although it was strongly objected That if it were so then the Plaintiff should have an Habere facias possessionem and so Copy-holds should be ordered by the Laws of the Land The Custome of a Manor was That if any Copy-holder of Inheritance died P. 33 Eliz. in B. R. Cole and Wall 's Case Leon. 1. part 328. his Heir within the age of 14 years then the Lord of the Manor might grant the Custody of his Body and Lands to whom he pleased A Copy-holder of Inheritance died his Heir within the age of 14 years The Lord committed the Custody of his Body and Lands to J S who being ejected brought a Writ of Ejectione