Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	court_n	false_a	writ_n	1,881	5	10.2280	5	false

Text snippets containing the quad

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

without his assent and perhaps it is not agreeing to his conscience and therefore it is not properly a not doing or deniall to doe his duty Quaere If there be 12. and 11. agree and the twelfth will not for it is not a full Jury Pasche 20. Eliz. Co. Bank ve 3. Ed. 3. Verdict 10. ou 11. 29. Ed. 3. ibid. 45. 12 Hen. 4. 10. Sherne WHAT OFFICE OR POWER entirely or dividedly the Lord Steward Free-holders Coppy-holders and the Bayliffs have in the Court Baron ALthough the Lord the Steward the Free-holders the Coppy-holders and the Bayliffes of every Mannour have an intermixt and joynt office and authority in some cases and to some purposes yet to other purposes their office is distinct and divided and every of them doth occupy severall places persons and parts The Lord is chiefe to command and appoynt to the Steward to direct and record the Free holder affirre and judge the Coppy-holders to enfirme and present the Bayliffe to attend and execute c. And all these together make a perfect execution of Justice and Judgements in a Court Baron and without all these a Court Baron cannot be holden in his proper nature in respect of all causes belonging to the perfect jurisdiction of a Court Baron And yet a Court Baron may be held by use and custome for some Coppyhold causes though it want one of the said parties viz the Free holders and there in Coppy-hold cases the Steward doth supply the place of a Judge But no other of the parts aforesaid except the Free holders can be missed or spared in a Court Baron But to make some more particular demonstration of their distinct authorities and offices And first the Lord as hee is chiefe in place so is hee in Authority and occupieth three severall Romes the one of a Chancelour in cases of equity the other of a Justice in a matter of right the third of himselfe in Cases proper and particular to himselfe The Steward doth occupie the parts of severall persons that is to say Judge and order in cases of Coppy-hold and also a Minister and Register to enter things into the Court Roles and in both these to bee indifferent betweene the Lord and his Tenants The Free holders doe likewise fulfill two parts that is to effect judge amercemetns and also to returne and certifie judgements The Coppy-holders also doe hold two severall roomes viz. to enforme offences committed against the Lord within that Mannour and to present such things as shall be given Charge by the Steward The Bayliffe doth also occupie two parts that is to say to execute the proces and Commandments of the Court and also to returne into the Court the Execution of the same proces 6. Ed. 6. Bract. No. case 84. pli 387. the under-steward in Court without authority of the L. or of the high-steward may demise Copy-hold it is a good grant for it is in full Court but contrary it is if it bee out of Court Quaere if the high steward without authority may demise out of Court Finis Lecturae Calthrop A Coppy-holder being indebted doth surrender to his creditor upon trust that hee shall have the Land to satisfie himselfe of the debt and then to be surrendred backe againe unto him And after the debt levied the creditor wil not surrender whereby according to the custome of the Mannour the Tenant pursues an English Bill to the Lord in his Court by which the trust is prooved by deposition the Lord seiseth the Land to the use of the first Coppy-holder until c. And Wray was of opinion that hee may well so doe for he hath no other remedy for the Lord cannot imprison him as the Lord Chancelour of England may doe and that the custome of deposition is good though some doe doubt but Gawdy agrees but hee saith that the Lord cannot retaine and keepe the Land and if hee should so doe the other shall have a Subpena whereunto Wray agreeth that hee cannot retaine the Land but seise it and grant it over which without seising hee cannot doe 25. Eliz. B. upon the motion of Cooke who said that 14. Hen. 4. 39. and Fitz. B. 1● are according to their opinions For a Coppy-holder shal not have a Writ of Error not false judgement upon a judgement against him in Court of the Lord but hee shall sue by bill and thereupon the Lord shall reseise the Land upon false judgement given by the Steward and shall make restitution If one recover a debt by plaint in Court Baron those of the Court have not power to make execution to the Plaintiffe of the defendants goods but they may distraine the defendant and after the judgement retaine the distres in their hands in safegard untill the Defendant hath satisfied the Plaintiffe of that wherein hee is condemned by the Court 46. Hen. 6. 17. See the booke of Entrees Fol. 166. 7. Hen. 4. 27. In replevin the defendant said that one Edward Besall brought a writ of Droit close against the plaintiffe and one other in the Lords Court in ancient demeasne and declared in nature of Assize and it was found against the plaintiffe and damages were taxed whereby the defendant being then under-Bayliffe by the Stewards commandement takes the beasts for execution of the damages and takes and sells them and delivers the monies to the plaintiffe in Assize this is a good plea and yet this is but a Court Baron And Fol 29. by Hull A man recovers ancient Demeasne-Lands and damages in a Court of ancient Demeasne the Bay liffe may take the beasts of him against whom the recovery is c. for execution of Damages in every parcell of the Land holden of the Mannour although that Land bee Frank-fee and it is not denyed 22. Assise 72. agrees with 4. Hen. 6. mes Kitch 115. where it is used to make execution by levari facias that is a good Custome 38. Ed. 3. Custome 133. upon a recovery in Court Baron the defendants Cattle were delivered in execution WHERE A TENANT BY Coppy may plead a speciall Custome which is onely proper to him and his predecessors before him NInth Eliz. Taverner was sued by the Lord Cromwel for that he had committed waste upon his Coppy-hold he pleads by the advice of Manwood that he and those who before him had the house wherein hee dwelt had such a Custome by Prescription that they might fell Timber trees c. And many arguments were against that Custome in as much as other Tenants of that Mannour had not such a Custome but were punishable and had forfeited their Lands for such waste also that Custome was against common right and not reasonable and after long deliberation of the Judges it was adjudged that a Tenant may plead a particular Custome as if one prescribe to have a way in the Lords Land c. And 19. of Eliz. one prescribed that he those of that Tenement his predecessors had used to have

Common of estovers in another Mannour notwithstanding that the other Tenants have not such a Custome and it was good by the advice of all the Justices WHERE THE TENANT may cut downe trees destroy houses by Custome and such like Customes c. FOurth Ed 6. Justice Dalisons Reports Sanders and divers Justices Tenant by Coppy of Court Role may prescribe to have Wood growing upon the Land Montague there is such a custome and so used in the Counties of Mid. Northland and other places Browne it hath beene heere agreed of late that Tenant by the Custome may prescribe to suffer their houses to fall and to destroy their houses so also here wherby this is a good Custome Montague I have heard a Fable that a Tenant by the Custome may digge in the one part of his house and burne the other part by the Custome But if you will agree that the Tenant by Custome shall have the Land against the Lords Will to him and his heires by the Custome why then may they not by the Custome cut downe Wood Sanders I agree to none of your cases Montague surely in the Chancery it will bee over-ruled against you without doubt and it is necessary that an Act of Parliament bee made upon it WHERE AND HOW Tenant by Coppy may make a Ioynture to his wife of the same Land A Stranger brings a writ of right against the husband and wife in the same Court where the Land is by plea and the husband and wife doe appeare and the demandant doth Count against them and the husband and wife doe defend and say that they have more right then the demander and offer to try it by Battell and the demander and Tenants doe Imparle at which day the demander appeares and the husband and wife make default whereby finall judgement is given against them and at the same Court the Recoverer Surrenders the same Land into the Lords hands to the use of the Husband and Wife and the heiros of their two bobodyes begotten and it was said that this assurance hath beene vsed 1. Ed. 6. Dalisons reports Pell et Hikden Trin. 36. Eliz. Rot 547. on the Kings bench Tenant in Tayle the remainder in Fee Tenant in Tayle Surrenders to the use of I. S. in Fee I. S. suffers a Recovery and vouches the Tenant in Tayle who vouches the common vouchee and by speciall Verdict it was found that there was never any recovery before in that manner and it is not yet adjudged Gaw●y and Clinch that the recovery can not be a Barre for warranty can not be anexed to an estate at will also he shall not recover in value because of the estate at will Fenner and Popham chiefe Justice to the contrary and that warranty may be annexed to Coppy-hold Land though it bee an estate at will of the Lord but as it is an estate in Fee performing the services and duties the Law will account them Tenants in Fee Also recovery in value being but a fiction in Law le common vouchee shall bee accounted to have the Land in value of the Coppy-hold within the Mannour and the Vouchee 23. Hen. 8. Br. Recovery in value 27. that such a Recovery is used in ancient demeasne upon a writ of right and Voucher over and that of a Free-hold there yet enquire of such a Recovery upon a plaint there of Land of Base Tenure for that cannot bee warranted c. But in the Common Bench in trespasse brought by Comb against Pears and Turner Mich. 36. et 37. Eliz. Rot. 14. Bromeley Brittain Hall in Essex Tenant in Tayle of a Coppy-hold suffers a recovery with Voucher where no recovery was before the lesser enter by the Court that cannot be but he shall have a Formdone in discender for the recovery in Court Baron cannot availe because a warranty cannot bee anexed to an estate which is at the will of the Lord. Also there can bee no Recovery in value first because there can be no recovery in value of Lands out of the Mannour and the Coppy-land is at the Lords wil Secondly Coppy-hold Land is granted by Coppy only and if by the Recovery the Tenant may have it the course and Custome of the seignory would be destroyed which shall not bee Thirdly the Lord shall loose his fine and Fealty also for the Coppy is admissus est tenens c. et Dat. Duo de fine pro tali ingressu c. et fecit fidelitatem Fourthly et Fiftly Ph. et Mar. A Coppy-holder Surrenders to the use of his wife for Life the remainder to the right heires of the husband and Wife the Wife dyes the Husband survives The question is who shall hold the Land and it was said that if the Husband had no Issue by that Wife then his Heire shall have it CERTAINE COPPY-HOLD cases reported in a cer taine BOOKE BUt it was said there that if the Wife had Issue by another H●sband it was there doubted But it was holden by the better opinion in Dier that the Husband and his heires shall have the Land yet if the Husband had first two sonnes the heires of the Husband and the heires of the Wife shall have the Land in Common after the decease of the Wife and for proofe thereof hee puts this case If land bee given for Life the remaynder to two men and their heires they cannot have one heire in the case if the Tenant for Life dye before them in remainder they shall bee J●●●etennants and the Heire of the surviver shall have all But if none in remainder bee in life when the Tenant for life dyes then the heires of them in the remainder shall hold in common Thirty seventh Henry the eighth A Coppy-holder to the intent to make an assurance to his Wife suffers another to bring a Writ of right in the Coppy Court and they joyne the Battell and at the day the Husband and Wife make default and finall judgement was given and after the recoverer Surrenders the same Land into the Lords hands to the use of the Husband and Wife and their heires and a good assurance pur Cur. A Coppy-holder makes a Lease at Will to another who commits Waste which is a cause of Forfeiture the Lessor brings an Action upon the case against the Lessee By Walsh Weston and Dier the Lord may enter and have Trespasse against the Lessors his Tenant and therefore it is reason that hee shall bee recompenced But the Lord shall have a speciall Writ of Travers and not vi and armis because the entry was lawfull 8. et 9. Eliz. ibid. The Lord Dacres enters upon his Coppy-holder and leaseth it to a stranger for yeares the Lessee enters and was ejected by the Coppy-holder and hee brings a Writ of Electione firme The Coppy-holder pleads that the Lands are demiseable per Custome and so they were at issue and hee shewed in evidence a Coppy made 13. Henry the eighth by which a Tenant had surrendred the Lands

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