Differences which arise betwixt Copy-holders A Copy-holder doth surrender his Copy-hold-lands H. 25 Eliz. in B. R. Leon 1. part 2. to A to hold the Lands till he hath levied the summe of 100 l. upon trust that afterwards he shall surrender to the Use of B A levies the money and being required to make the surrender to B he refuseth to doe it whereupon B exhibits his Bill to the Lord in the Court of the Manor The Lord there makes a Decree that A make the Surrender to B which he again refuseth to doe and thereupon the Lord seizeth the Lands and afterwards admits B to the same It was the opinion of the whole Court in this Case That both the Seizure of the Lord and his Admittance of B were lawfull because the Lord in such Cases of Equity to execute Trusts is Chancellour in his own Court If a false Judgment be given in a Vid. 14 H. 4. 34. Court-Baron by the Steward against a Copy-holder the Copy-holder in such case shall not have either a Writ of Errour or a Writ of False Judgment but he may sue in the Court of the Lord by Bill to be relieved against such Judgment and the Lord as Chancellour may give him Relief therein and shall restore the Land to the party upon the false Judgment given by the Steward and Restitution made to the Copy-holder SECT XV. Of Surrenders upon Conditions and where such Surrenders shall be good where not Proofs A Copy-holder in Fee surrendred out P. 31 Eliz. Co. 4. part Kite and Queinton's Case of Court his Copy-hold-lands to the Use of another and his Heirs upon Condition At the next Court the Surrender was presented but in the Presentment the Condition was omitted He to whose Use the Surrender was made being dead the Lord admitted his Heir It was Resolved in this Case That the Presentment of the Surrender was void because it was not made in such manner as the Surrender was made But if the Conditional Surrender had been presented it had beed good although it was not entred into the Court-Roll A Copy-holder surrendred his Copy-hold Tr. 2 Jac. B. R. Cro. 2. part Hall Shardbrook's Case upon Condition and afterwards by Deed he released the Condition Resolved it was good without a Surrender for that a Condition or a Right cannot properly be said to be determined by a Surrender but it may be by a Release The Case was Grandfather Father M. 15 E. 3. 13. and Son The Grandfather died The Father assigned Dower to the Grandmother being his Mother who surrendred it back to the Father paying 10 l. per annum The Father died his Wife brought Dower against the Son and recovered because the Father had the Fee and Freehold conjoyned in the life of the Grandmother by the Surrender It was Resolved in this Case That when the Wife of the Father doth recover Dower she shall pay to the Grandmother so much Rent as doth belong to her proportion in Dower And in this Case it was holden That although the Estate of a man be Conditional and defeasible upon a bad Title yet the Wife shall not be ousted of her Dower untill the Conditional or defeasible Title be defeated And where Husband and Wife are Tenants for life and surrender to him in the Reversion the Wife of him in the Reversion shall be endowed and yet the Surrender is but Conditional for if the Wife of the Tenant for life overliveth her Husband the Surrender is defeasible à fortiori in case where it is not defeasible as in this Case And it was said in case of a Surrender of Copy-hold-land where it was Conditional the Wife is dowable of it if the Condition do not determine the Estate in the life-time of the Husband But a Feme is not dowable of Copy-hold but by Custome of the Manor H. 27 Eliz. Cro. 3. part 68. Bright and Hubbard's Case A Copy-holder devised his Lands to his Wife for life and that she should sell the Lands for the payment of his Debts and surrendred to the Use of his Will The Copy-holder died His Wife surrendred the Land upon Condition to pay 12 l. It was Adjudged It was a good Surrender upon the Condition and that it was a good Sale made by her The Father Copy-holder in Fee surrendred Tr. 33 Eliz. Cro. 1. part Symonds and Lawnâ—'s Case his Copy-hold-lands to the Use of his Son in Fee upon Condition to perform Covenants in an Indenture The Son after Admittance surrendred to J S upon Condition that if the Son pay 10 l. the Surrender to be void The Son neither pays the 10 l. nor performs the Covenants in the Indenture The Father enters Resolved That by the Entry of the Father both the Surrenders were avoided and there the Son might well enter after the death of his Father and the Surrender made by him to J S. If a Copy-holder doth surrender his 33 Eliz. Co. 4. part Westwick's Case Lands to the Use of J S and his Heirs absolutely and the Lord admits the Tenant upon Condition it is void for that after Admittance the Tenant is in by him who made the Surrender not by the Lord. The Custome was That a Copy-holder might out of Court surrender to the Tr. 28 Eliz. in B. R. Cro. 1. part 〈◊〉 dett's Case Use of a Stranger in Fee The Lord of the Manor made J his Steward ad exequendum per se or his sufficient Deputy who made A his Deputy pro hac vice to take a Surrender of Husband and Wife the Remainder in Fee The Deputation was farther viz. Et ulteriùs faciendum quantum in me est A took a Surrender of the Husband and Wife upon Condition which Condition was afterwards peformed and executed Resolved in this Case That although the authority to take the Surrender was absolute and to be without a Condition yet when A took it upon a Condition to be performed it was a good Surrender made to him by reason of the words in the Deputation Et ulteriùs faciendum c. A Woman Copy-holder durante Viduitate P. 39 Eliz. B. R. Oland and Barwick's Case Cro. 1. part acc sowed the Land and before Severance of the Corn she took Husband Resolved That although the Estate of the Wife was incertain and determined by the Limitation and not by any Condition either in Fact or in Law that the Lord should have the Corn sowed upon the Lands A Copy-holder in Fee of Lands discendable in Borough-English had 3 Sons H. 2 Jac. B. R. Cro. 2. part Curâ—ies and Wolverston's Case and surrendred to the Use of his Will and thereby devised his Lands to his middle Son in Fee upon Condition to pay to his 4 Daughters to every of them 20 l. at their full age The eldest Son had Issue 2 Daughters and died The middle Son is admitted and doth not pay the Daughters their Summs at their full ages The youngest Son
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
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. â—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