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

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if a Coppy-holder surrender his Land to the intent that a stranger shall have the Rent out of it by Coppy it is no good Coppy-hold Rent Ninthly if there bee two joyn-tenants in Common of a Mannour and a Coppy-holder surrenders to the use of one this is not Coppy-hold Land Tenthly if the Husband and Wife bee joynt-coppy-holders of the purchase of the husband during Coverture and the Husband is attainted of Felony and dyeth this is not a Forfeiture of any part of the Coppy-hold but if the purchase was made before the coverture then it is a Forfeiture of the moyty Eleventh If two Coppy-holders exchange by licence and after the part of the one is recovered by an elder title he may enter in the Land which the other hath in exchange Twelvth If two Coperceners Coppy-holders make partition and the one is impleaded and doth loose by just title and the recoverer enters into the Land shee cannot enter upon her sister because she did not pray in aide for the rate A feme Covert Joynt Coppy-holder with another in Fee may surrender her moyty to the use of her Husband and it is good Thirteenth the Kings Steward without ny patent of his Office seiseth divers Coppy-holds and afterwards the Lord Treasurer and those of the Exchequer doe lease the same Land for yeares and thereupon it was moved whether Coppies made by the Steward without patent were good and the Lord Dier thought they were good Copyes but in the Exchequer the Barons were of another opinion Fourteenth a man seised of a Mannour to which Coppy-holders for yeares and others are belonging hee deviseth by testament the same Mannour to a ceraine person for payment of his debts during which time divers Coppyes expire and the devisees grant new Coppyes and afterwards during the terme the devisees grant in reversion and a particular Tenant surrenders in Court to the use of the grantee and after the wife of the devisor recovers in Dower part of the Mannour and hath execution of those Coppy-holds assigned by the Sheriffe for her Dower And it was mooved whether the Wife shall avoid those Coppyes made by the devisees And Browne Justice was of opinion that no to which Weston agreed for they said that those are ordinary things and which must bee done of necessity by force of the Custome and not any deede or new charge created by the devisees who are but officers to execute the Custome which of necessity must bee done for they cannot bee made by any others who have the possession of the Mannour for it hath beene adjudged that such Coppyes and ordinary things as presentment to a Church made by a disseisor or by a Lessee for Life or Yeares shall stand good and shall not bee avoided by reason of the necessity but other charges created by the Heire after the death of the Huband as a Lease for yeares Rent charge in which there is no such necssity the Tenant in dowre shall discharge them and although the Wife shall bee adjudged in by her husband yet shee shall not have those things which chance before assignment of her dower If a wardship fall or an avoidance of a Church or a villaine regardant hath purchased and the heire enters or presents these things the heire shall have and not the Tenant in Dowre and it may be that the wife will never sue for her dower or peradventure she shall have other Mannours assigned her for the same And as to the reason that it is not a thing of necessity to grant Coppies in reversion yet they were of opinion that because the Custome doth allow it it is Custome ley and therefore it may bee put in execution for the Custome is annexed unto the Land and not unto the interest of the Lord. But Wray said that of estates that are to Coppyholders and their heires according to the Custome of the Mannour if such a Coppy-holder dye without heire the Custome is determined If such a Lessor for life or yeares of the same Mannour grant new Coppyes they are not good and so there is a diversity A man cannot devise that his friends shall make Coppyes or hold Courts for none shall make Coppye but he that is Lord of the Mannour and hath an interest The Lord of the Mannour shall have the government of the Coppy-hold during the infancy of his Tenant Executors shall have a Lease for yeares of Coppy-hold Land without any new admittance The Husband of a Wife that is Coppy-holder for yeares shall not bee newly admitted after the death of the Wife nor bee tenant by the courtesie Where inheritance of a Coppy-hold descends the heire may enter without admittance but it was a doubt whether he should have an action of Traverse against a stranger before admittance for before admittance he is not properly Tenant if such an heire will not come to the next Court the Lord may make proces against him A Coppy-holder shall have Traverse against his Lord paying his Services and customes If erronious judgement be given against a Coppy-holder in the Lords Court the Lord in his Court may reverse it for it is not amendable in any other place or Court If the Lesse of a Coppy-hold commit waste and the Lord seiseth for forfeiture the Coppy-holder shall not have an action of waste against his Lessee as if Tenant for life make a Lease for yeares which Lessee maketh waste and the Lessor recovers the Tenant for Life shall not have an action of the Case but is without remedy for it was his folly that hee would not have a Collatterall covenant of the Lessee that he should doe no waste A Coppy-hold is not forfeit for heresie by the last of 2. Hen. 5. A Coppy-holder is not Ter-tenant but is Tenant at the Lords will and a Coppi-hold is not bound by the statute of Wills nor of Tines nor of Limitations A Coppy-hold shall not be extended by a statute Marchant or Staple The Husband and Wife being seised of a Mannour to them and the heires of the Husband hee grants a Rent charge out of it and dyes the Coppy-holder surrenders the Wife makes another Coppie and dyes the grantee shall distraine upon the Coppy-hold If the Lord of a Mannour hath a great waste and grants a rent charge out of the same and the Coppy-holders have Common in the waste and they put in their Cattell the grantee shall distraine them if they cannot make prescription If a Coppy-holder surrender to the use of another and the Lord will not admit him nor make a grant unto him the surrender is void If there be two Joynt Coppy-holders and the one commits a forfeiture he shall forfeit but the Moyty Lessee for yeares ofa Coppy-hold shall have an eiectione firme by Plowden and others If there be a Lease for yeares of a Mannour and one Coppy-holder purchase the reversion in fee this is a destruction of the Coppy-hold and the Lessee of the Mannour may put him out and occupy