Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	action_n	case_n	verdict_n	3,368	5	11.5648	5	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A33673	A supplement by way of additions to and amplifications of the foregoing treatise, concerning copy-hold and customary estates wherein the grounds laid down in the said treatise are made good and confirmed by several resolutions and judgements given in the courts of common laws of England in divers cases.	Coke, Edward, Sir, 1552-1634.	1668 (1668)	Wing C4957; ESTC R31649	50,966	126

c. I shall not deliver any absolute opinion upon the same although I do much incline to the Affirmative part being chiefly led thereunto by the opinion of Mr. Littleton and by the Resolution in Manxell's Case and of my Lord Coke in Heydon's Case and a late Resolution in the said Point 42 Eliz. in Erish and Rives Case where it was adjudged in the Court of Common Pleas upon an Evidence given in a Case of Copy-hold-lands within the Manor of Istleworth-Sion in the County of Middlesex where it was Resolved That no Estate-tail could be of a Copy-hold without a particular Custome to warrant the same but if there was such a particular Custome within the Manor to warrant such Estates then by the Custome co-operating with the Statute as before is expressed Copy-hold-lands might be well entailed within the said Statute Admitting then that by an especial Custome of the Manor Lands may be entailed the next matter to be considered of is By what and whose Acts the said Estate shall be either discontinued or barred and what shall amount to a Discontinuance or a Bar to the Issue in Tail of such Estate In 13 R. 2. sits Judgment 7. it is 13 R. 2. sits Judgment 7. said That the Heir who is inheritable to the Copy-lands by Custome may recover the same by Plaint in the Court of the Lord in the nature of an Assise of Mort-dauncestor but he shall not have an 15 H. 8. Tenant by Copy 24. Assise of Novel Disscisin And 15 H. 8. Tenant by Copy 24. The Heir of a Copy-holder Tenant in Tail shall recover the Lands in a Formedon in the Discender The Custome of a Manor was That Plaints in the Court of the Lord of the Manor have used to be in real Actions A Recovery was by Plaint in the nature of a real Action against a Copy-holder being Tenant in Tail and a Recovery thereupon had It was holden in that Case That the said Recovery shall be a Discontinuance to take away the Entry of the Heir in Tail because such Plaints are warranted by the Custome and it is an Incident which the Law annexeth to the Custome That a Recovery shall be a Discontinuance But vide Tr. 36 Eliz. in B. R. in Deal and 36 Eliz. B. R. Deal and Rigden's Case Moore 358. Rigden's Case If it had been a Surrender in Court it had been no Discontinuance In 27 Eliz. in a Case concerning the M. 9 Car. in Co. B. Hill and Vpchurche's Case Brownloe 121. Manor of Northhall in the County of Essex That if Copy-hold-lands might be entailed within the Statute of Westm 2. then a Custome of a Surrender of it should be a Bar or a Discontinuance of such Estate for as the Estate might be created by Custome so it might be discontinued by a Surrender by Custome And Tr. 38 Eliz. Field and Eliot's Case A Surrender by Tenant in Tail of a Copy-holder in Fee makes a Discontinuance of it But yet notwithstanding those Authorities and Cases I do conceive that a Surrender is no Discontinuance of a Copy-hold-estate in Tail If a man be seised of a Copy-hold in H. 30 Eliz. B. R. Right and Footeman's Case Leon. 1. part 95. the right of his Wife or be Tenant in Tail of a Copy-hold and he doth surrender to the Use of another in Fee It was holden in that Case That the same doth not make any Discontinuance of the Estate of the Wife or of the Estate-tail but that the Wife or the Issue in Tail may respectively enter into and upon the Land And according to this it was adjudged in Gravenor and Brook's Case before mentioned in 36 Eliz. Copy-hold-lands were entailed and 37 Eliz. in C. B. Lane and Hil●'s Case the Copy-holder surrendred the said Lands to the Use of another man in Tail with divers Remainders over and then he died It was said in this Case That it was no Discontinuance of the Tail but the Issue in Tail notwithstanding the Surrender might enter But it was said in that Case That if it were a Discontinuance that in such case a Formedon in the Reverter did not lie by the Tenant in Tail because when a Copy-holder makes a Gift in Tail he hath no Reversion but a Possibility and the Lord shall avow upon the Donee for the Rents and Services and not upon the Donor In Trespass it was adjudged That a H. 1 Jac. Oldcat●'s Case Moore 753. Surrender by Tenant in Tail of a Copy-hold was not any Discontinuance of it no more then a Surrender by Tenant for life to another in Fee was a Forfeiture If an Enfant Tenant in Tail surrendreth H. 35 Eliz. Goales and Gran's Case adjudge acc his Copy-hold-lands to the Use of a Stranger who is admitted the Enfant may enter at his full age because it was not a Bar nor a Discontinuance It is not to be disputed or questioned whether a Common Recovery of Lands at the Common Law with Voucher over and Warranty be a Bar of Lands entailed It is universally received by all Learned in the Laws of the Realm to be a Bar of such an Estate and the Inheritances of a great many persons of Quality and others do depend upon such Common Recoveries had and suffered But then the Question hath been whether a Common Recovery had and suffered in the Court of the Lord of the Manor shall be a Bar of an Estate of Copy-hold-lands entailed and for that it will stand upon this difference Where the Custome of the Manor hath always been that such a Recovery there had shall be a Bar where not For without a special Custome I do conceive that by a Recovery had and suffered in the Court of the Lord of the Manor an Estate-tail of Copy-hold-lands cannot be barred But where such a Custome is or hath been out of mind used there I conceive that a common Recovery had and suffered in the Court of the Manor will bar an Estate in Tail of Copy-hold-lands I shall onely put you two Judgments and Resolutions to make good this difference although many others may be alledged Upon a special Verdict in an Action P. 37 Eliz. in B. R. Clun and Pease's Case Cro. 1. part of Trespass it was found That the Lands were Copy-hold demisable in Tail with the Remainder over in Tail That Tenant in Tail in possession suffered a Common Recovery with Voucher in the Court of the Manor of these Lands and afterwards died But there was not any Custome found for suffering Recovery of such Lands in the Court of the said Manor It was holden by the whole Court in that Case That the Recovery should not bind the Tail but upon a Recompence in value and in that case the Issue could not have Land in value Also the Lord should lose his Fine and the party to whose Use the Recovery was had should hold the Lands without Admittance or Grant from the Lord which is contrary to

lately adjudged in the Court of Common Pleas both for the Point of the Custome that it was a good Custome and Admittance A Copy-holder dwelling in a Town M. 3 Eliz. B. R. Sir John Braunche's Case Leon. 1. part 104. long distant from the Manor having Notice of the Court-day when it was to be holden upon Summons appeared not himself but appointed his Son his Attorney to appear and doe the Services for him for his Copy-hold-lands In this Case it was holden by the Court That such a person so appointed might essoign the Copy-holder but not doe the Services for him for that none could doe the same but the Tenant himself SECT XIX What Customes within Copy-hold-Manors shall be said to be good and reasonable Customes and what not CUstome is the very Soul and life of Coke 4. part 21. Copy-hold-estates for without Custome or if they break their Customes they are at the Lord's will for they hold their Lands ad voluntatem Domini although as before is said it be secundùm Consuetudinem Manerii c. But then the Customes must be reasonable and not unreasonable Customes If the Lord doth challenge a Custome Coke 1. part Institut 59. within his Manor to have a Fine of every of his Copy-holders of the said Manor at the Alteration or Change of the Lord of the Manor be it by Alienation Demise Death or otherwise this is an unreasonable Custome for by this means his Copy-holders may be oppressed by the Lords by the payment of a multitude of Fines A Custome within a Manor That every Coke 5. part Pennieman's Case Alienation of Lands within the Manor shall be presented at the next Court holden for the said Manor upon pain that such Alienation shall be void is a good and reasonable Custome for it is but reasonable that the Lord should know who is his Tenant A Copy-holder alledged a Custome Pasch 6 Jac. in Co. B. Glascock's Case Vid. God Godb. acc within a Manor in Essex to be That all the Tenants within the said Manor had used to cut down Trees to repair their Copy-hold and Free-hold Tenements within the said Manor and also to sell their Trees at their pleasures It was doubted if it was a good Custome but the better opinion of the Court seemed to be that the Custome was good The Custome of a Manor in Worcester-shire M. 6 Jac. in Co. B. Paginton and Hunt's Case was That if any Copy-holder committed Felony and that the same be presented by 12 Homagers in the Lord's Court the Tenant should forfeit his Copy-hold It was presented that J S a Tenant of the said Manor had committed Felony at such a time but that at the Assizes next after he was acquitted of the same After which the Lord seized the Lands In this Case it was adjudged That the Custome was not good because in judgment of Law before Conviction or Attainder he was not a Felon But whether in that Case the Verdict and finding of the Jurors upon the Bill of Indictment agreeing with the finding of the Homagers that the party had committed Felony did entitle the Lord to the Copy-hold-lands notwithstanding the Acquitall of the Jury which was afterwards was not Resolved A Copy-holder did alledge the Custome of the Manor to be That the Lord might grant Copies in Remainder with the assent of the Tenants and not otherwise and that Copies otherwise granted in Remainder should be void It was said That this Custome might be good for it might be so agreed and granted by the Lord at the beginning upon the Creation of the Manor and that it seemed to be grounded upon the reason of the Common Law That a Remainder M. 31 Eliz. Co. B. Godb. ●40 should not be without the assent of the particular Tenant and to commence with his Estate and that therefore it was a good Custome Quere the Case for it was not Resolved M. 31 Eliz. in Co. B. The Custome of a Manor was That those who claimed Copy-holds by Discent ought to come at the first second or third Court upon Proclamations made to take up their Estates or else they should H. 7 Jac. in Co. B. Copley's Case be forfeited A Tenant of the Manor having Issue inheritable by the Custome beyond the Sea died The Proclamations all passed and the Heir did not return in two years but upon his return he prayed to be admitted to the Copy-hold and profered the Lord his Fine in Court which the Lord refused to accept of and to admit the Heir but seized the Land as forfeited It was adjudged in this Case That it was no cause of Forfeiture because the Heir was beyond the Seas at the time of the Proclamations and the Lord was at no prejudice for that for any thing appeared in the Case the Lord had taken all the Profits of the Land in the mean time The Custome of a Manor was That M. 7 Jac. in Co. B. by Dodderidge every Copy-holder at his death should pay to the Lord his best Beast for a Heriot A Feme-sole within the Manor Tenant for life took a Husband and died It was the opinion of Dodderidge in this Case That although the Custome was good yet as this Case was no Heriot should be paid because the Wife had not any Goods by Cattell to pay the same A Custome of a Manor was said to be M. 42 Eliz. B. R. Cro. 1. part Parker and Combleford's Case That the Lord had used after the death of every one dying within his Manor to have the best Beast of such a person for a Heriot and to seize and distrain for it It was adjudged a void Custome Vid. 3 4 Eliz. in Co. B. Wilson and Wise's Case Moore acc not good to bind a Stranger but such a Custome to extend to and bind the Tenants of the Manor might be good The Custome of a Manor was Quòd Pasc 24 Eliz Moore Vide Skipwith's Case Tr. 33 Eliz. in Co. B. Godb. 143. where the contrary seemeth to be adjudged quilibet tenens per Copiam poterit dimittere terras suas for life in Fee or otherwise and that a Woman Cooperta viro poterit devisare her Copy-hold-lands to any other or to her Husband by the assent of the Husband In this Case the Court held That the Custome was not unreasonable but because it was poterit devisare where it ought to have been alledged usi sunt devisare for that cause it was said it was not good Note by the whole Court That if the Pasc 8 Jac. in Co. B. Rapley and Chaffyn's Case acc Custome of a Manor is alledged to be That the eldest Daughter shall solely inherit the Land such a Custome may be good But then such Custome shall be taken strictly viz. That the eldest Sister shall not inherit the Land by force of the said Custome It was Resolved by the Justices That Vid. Moore 's Rep. 3