Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	damage_n	error_n	writ_n	2,543	5	10.1022	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A34802	Lex custumaria, or, A treatise of copy-hold estates in respect of the lord, copy-holder wherein the nature of customs in general, and of particular customs, grants and surrenders, and their constructions and expositions in reference to the thing granted or surrendred, and the uses or limitations of estates are clearly illustrated : admittances, presentments, fines and forfeitures are fully handled, and many quaeries and difficulties by late resolution setled : leases, licences, extinquishments of copy-hold estates, and what statutes extend to copy-hold estates are explained : and also of actions by lord or tenant, and the manner of declaring and pleading, either generally or as to particular customs, with tryal and evidence holder may recieve relief in the Court of Chancery : to which are annexed presidents of conveyances respecting copy-holds, releases, surrenders, grants presentmets, and the like : as also presidents of court rolls, surrenders, admittances, presentments, &c. / by S.C., Barister at Law.	Carter, Samuel, barrister at law.	1696 (1696)	Wing C665; ESTC R4622	239,406	434

per quod quer ' communiam suam predict pro averiis suis c. in tam amplo beneficiali modo prout antea habuit c. habere non potuit This is a good Declaration though the Commoner cannot have any Damage for the taking and carrying away the Turffs yet the coming on the Land with Horse and Carts is a prejudice to the Common and the per quod the Common is impaired is the cause of Action and the carrying away a means to impair it 1 Rolls Abr. 89. Terry and Goodier and good tho' Damages were entire Action shall be brought in a Copy-holder Lunaticks name for though the custody of the Land was granted to one by the Lord yet no Interest was gained by this commitment and the Lord hath not power over the Lunaticks Lands without a Custom Hobart p. 215 216. Cox and Darson Trespass Quare clausum fregit Copy-holder of Under-Wood without the Soil shall have Trespass Quare clausum fregit Moor n. 480. Account for Profits Account lies not for an Heir Copy-holder for the Profits of his Copy-hold Lands taken during his non-Age where the Defendant hath not entred and taken the Profits as Prochein Amy but claims by Custom and Grant of the Lord to the Use of the Assignee which Custom is good 1 Leon. p. 226. n. 356. Anonymus Faux Judgment Writ of faux Judgment lies not for a Copy-holder Vide supra Writ of Right Close Writ of Right Close lies not for a Copy-holder 4 Rep. 21. Avowry for Rent by Lessee of a Copy-holder Lessee for years of a Manor distrains a Copy-holder for Rent he Replevins Lessee Avows Per Curiam Avowry may be made for the Rent of a Copy-holder in the Kings-Bench and there is difference between an Ejectione Firmae and this Case For the Ejectione Firmae is brought for the Copy-hold it self But this Avowry is for Rent due to the Lord which is a duty at the Common Law and therefore an Avowry may well be for it Cro. El. p. 524. Laughter and Humphry A Copy-holder in Fee by Licence made a Lease for 21 years by Indenture rendring Rent Covenant by Assignee of a Reversion wherein the Lessee Covenants for himself his Executors and Assigns That he will erect a c. The Lessor surrendred to the Use of the Plaintiff and his Heirs who was admitted accordingly and the Plaintiff as Assignee brings his Action of Covenant Whether the Assignee may maintain this Action by the Common Law or by the Statute 32 H. 8. Cap. 34. was the Question for the Defendant demurred upon the Declaration it was adjourned in Cro. Car. 24. Plat and Plummer But it seems by 1 Keb. 356. Baker and Berisford's Case That the Assignee is not within this Statute to have a Covenant Action of Debt doth not lye for Arrearages of Copy Rents for the Stat. of 32 H. 8. Action of Debt for Rent does not extend to them but to Rents out of Free Land Yelv. p. 135. Appleton and Doily And so Executors shall not have Debt for Arreages of such Rents due in the Life-time of the Testator The Lord of a Manor is and Fines No Remedy for Fines Rents c. after vendition for Admittances and Copy-hold Rents are Arrear and then he sells the Manor he is without Remedy both in Law and Equity He hath deprived himself of the Remedy by his own act viz. the vendition 1 Rolls Abr. 374. Serjeant Hitcham and Finch Copy-holder for Life becomes Lunatick A. Action of Trover to be brought in the Lunaticks name he being a Copy-holder sows the Land The Lord grants the custody of the Lunatick to B. A. takes the Corn to the Use of the Lunatick B. Brought Trover in his own name it s ill brought It ought to be brought in the Lunaticks name and not in the name of the Committee Noy p. 27. Cox and Dawson Covenant by Rent Custom is when a Copy-holder dies seized of Copy-hold Lands or Rent That his Wife shall have the one moiety and his Issues the other moiety A. B. so seized takes Mary to Wife and they have Issue John A. B. dies so that Mary is seized of the moiety for her Life and John of the other moiety in Fee and of the first moiety as his Reversion Mary and John her Son make a Lease to J. B. for twenty one years rendring fifty pounds Rent to Mary and fifty pounds to John and after the death of Mary one hundred pounds to John John marries Margaret they have Issue three Sons John dies so that a fourth part comes to his Wife and the other fourth part to his three Sons Rent is behind Margaret brought Debt on Covenant for the Rent Per Curiam it was well brought by her sole Joynder in Action without joyning Mary with her Tenant in Commonn shall joyn in Action so long as the privity of Contract remains but when the privity is determined as it is here they may sever and such Contract shall ensue the nature of the Land and also there is a vesting by Custom and express several Reservations 2 Siderfin p. 9. Baker and Berisford CAP. XXX Of Copy-holders being Impleaded and Impleadable in the Lords Court Vide supra Tit. Customs COpy-hold Lands are as the Demesns of the Manor and are the Lords Freehold and therefore are not impleadable but in the Lords Court Croke Jac. 559. Pymmock and Hilder One recovered certain Copyhold Lands in the Court of the Lord of the Manor by Plaint in the nature of a Writ of Right A Precept cannot be made and awarded out of the Court to execute the said Recovery Posse Manerij and to put him who recovered into possession with the Posse Manerij for force in such cases is not justifiable but by command out of the Kings Courts 3 Leon. 99. A Woman recovered Dower of a Copy-hold within the Manor and 40 l. Damages 40 l. Damages recovered yet no Execution or remedy but by Petition and she brought Debt for the Damages in B.R. Per Cur. it lyes not because the Court Baron cannot hold Plea nor award Execution of 40 l. Damages though the Damages were there well assessed and because no Writ of Error or Faux Judgment lyes upon such a Recovery of a Copy-hold but only a Petition to the Lord of a Manor so that Copy-hold Plaints are not within the Jurisdiction of this Court of Kings-Bench Moor n. 559. Shaw and Tompson If an erroneous Judgment be given in a Copy-hold Court of a common Lord in an Action in nature of a Formedon a Bill may be exhibited in Chancery Faux Judgment how relieved in nature of a Faux Judgment to reverse this Pateshall's Case in Scaccario 1 Rolls Abr. 373. and Co. on Lit. p. 60. a. He cannot have the Kings Writ of false Judgment in respect of the baseness of the Estate and Tenure being in the Eye of the Law but a

Lord shall have one Action and the Copy-holder another and each one shall recover Damages according to his Interest Vide Leon. 1. 272. Copy-holder dyes Lord admits a Stranger the Heir may enter and upon a re-entry maintain Trespass without Admittance Noy p. 172. Simpson and Gillion Vide Admittance For non-Admittance no Action by Surrendree Action on the Case against the Lord lyes not for non-Admittance A Copy-holder in the Eye of the Law is but Tenant at the Lords Will and if the Lord will not hold Court he hath no remedy to compel him but by order in Chancery Cro. Jac. p. 368. Ford and Hoskins No Action on the Case by a named Successor By Surrendror Surrendror may have an Action on the Case for not admitting but not the Surrendree 2 Keb. 357. Quaere Remedy in faux Judgment The Demandant in a Pleint in nature of a real Action recovereth the Land erroneously with remedy for the party grieved for he cannot have the Kings Writ of faux Judgment in respect of the baseness of the Estate and Tenure being in the Eye of the Law but a Tenant at Will and the Freehold being in another yet he shall have Petition to the Lord in nature of a Writ of faux Judgment and therein assign Errors and have remedy according to Law Co. Lit. 60. And if there be cause the Judgment may be reversed Assise Tenant by Copy shall not have Assise against his Lord as Tenant in ancient Demesn shall have because he hath no Frank-Tenement 4 Rep. 21. but he shall be relieved in Equity Tothil p. 108. The Copy-holders Actions and Remedies against Strangers and where A man grants all the Coals and Coal-Mines within a Manor and parcel was Copy-hold for Life to J. S. Where Copy-holder shall have Trover for Coals digged out of his Copy-hold Land Lessee enters into the Copy-hold and digs a new Pit in the Copy-hold Land during the Life of the Copy-holder and takes the Coals and converts them c. And Lessee of the Coal-Mine brought Trover against the Lessor Per Curiam he may do it for when the Lessor or Lessee of the Coals or a Stranger enters and digs the Coals out of the Pits these belong to the Lessee and if any one else take the Coals he shall have Trover Jones Rep. 243. Player and Roberts Lessee of a Copy-holder for a year Ejectment shall maintain an Ejectione Firmae for in as much as his Term is warranted by Law by force of the general Custom of the Realm it is but reason if he be ejected that he shall have Ejectione Firmae and it is a speedy course for a Copy-holder to have the possession of the Land against a Stranger 4 Rep. 26. As to the Declaration in Ejectment Vide Tit. Declaration In Cro. El. p. 224. It is said to be adjudged Ejectment Per tot Cur. That an Ejectione Firmae doth not lye of a Copy-hold Estate But it was agreed That an Ejectione Firmae doth lye of a Lease made by a Copy-holder but not of a Demise made by the Lord of a Copy-hold by Copy of Court Roll Cole and Wall 's Case A Copy-holder had Licence from his Lord to let his Land for 21 years he lets it to the Plaintiff for three years who entred and being Ejected brought Ejectione Firmae Ejectment by Lessee upon a Lease not warranted good against a Stranger Per Cur. he may maintain this Action at Common Law for it is a good Lease between the Pa●●●s and against all others but the Lord and as this Case is it is good against him because it is done by his Licence and it is a good Lease and well warranted by the Licence Cro. El. 535. Goodwin and Longhurst A Copy-holder made a Lease for one year excepting one day which was warranted by the Custom Lessee being ousted by a Stranger brings Ejectione Firmae it well lyes and if there were not any Custom yet it shall be good against all but him who had the Inheritance and Freehold So if a Lessee for Will at the Common Law had made a Lease for years for the Tenant at Will is only a Disseisor and the Lease is good against him Cro. Trin. 41 El. p. 676. Spark's Case So 717. Erish's Case Moor n. 709. Stoner and Gibson Ejectment by the Heir without Admittance to presentment If customary Lands do descend to the younger Son by Custom and he enters and leaseth to another who takes the Profits and after is Ejected he shall have an Ejectione Firmae without any Admittance of his Lessor or Presentment that he is Heir 1 Leon. p. 100. Rumny and Eves n. 128. If a Copy-holder had Common by Prescription in the Waste of the Lord and the Lord stores the Waste with Conies every Copy-holder may have Action on the Case against the Lord averring That by this the Common is impaired 1 Rolls Abr. 106. Clayton and Sir Jerom Horsey Trespass for Beasts depasturing his Common by every Commoner Copy-holder prescribes to have Common in the Waste of the Lord and brings Trespass on the Case against a Stranger for his Beasts depasturing on the Common there The Question was whether this Action lyes for 15 H. 7.12 it s agreed a Commoner cannot maintain an Action of Trespass nor no other but the Owner of the Soyl 12 H. 8.2 And the Commoner hath no right till he hath taken it by the mouth of his Beasts and the Damage is to the Tenant of the Land and then every other Commoner may have Action of Trespass and so the Stranger shall be infinitely punishable Per Coke If a Commoner may distrain Damage feasant doing Damage which proves lie hath wrong then by the same reason if the Beasts are gone before his coming he may have Action on the Case otherwise one that hath many Beasts may destroy the Common in a night And it s not like a Nusance for that is Publick and may be punished in a Leet But the other is private to the Commoners and cannot be punished in another course he cited one Whitehand's Case Many Copy-holders prescribe to have the Loppings and Toppings of Pollards the Lord cuts them every Copy-holder may have his Action and also Hill 5. Jac. Rot. 1427. Geo. England's Case and Warburton of the same Opinion 2 Brownl p. 146. Crogate and Morris If a Copy-holder by the Custom of a Manor had used to have Common for all his Beasts Action on the Case for digging Turffs on the Common Levant and Couchant upon his customary Tenements in a certain parcel of the Manor and a Stranger digs Turffs there and takes them away by which his Common is impaired Action on the Case lyes declaring That the Defendant digged so many Turffs there and then with his Horses and Carts Herbam tunc ibid crescen ' predict ambulando conculcando Declaration from the place aforesaid minus rite ceperit abcarriavit

Copy-holder It hath been a Question when a Copy-holder bargains and sells his Copy-hold to the Lord of a Manor in Lease for years whether the Copyhold Estate was extinguished But in Hutton p. 81. it is agreed that this Copy-hold is not extinguished but that the Lord who is Lessee for years is Dominus pro tempore and may grant it by Copy de novo The Lord of a Manor demised Copy-hold Lands to three Sisters Habend to them for their Lives successive the eldest Sister married one C. after which the Lord by Indenture leased the same Land to the eldest Sister the Remainder to the Husband Remainder to the second Sister and no Agreement was made thereunto by the second Sister by Deed before or after making the said Indenture but four days after the Lease made she agreed to it in pais and then married a Husband Agreement to an Indenture by one in Remainder for Life and they claim the Land The point is if by Agreement of the second Sister her Right to the Copy-hold were extinct The Interest of the eldest Sister is gone by her acceptance of the Estate by Indenture now if the second Sister may come and claim her customary Interest Per Cur. it s no extinguishment in the second Sister and yet Judgment was against her for Per Gaudy none can take advantage of the eldest Sister's Estate being determined the Lord against his Lease cannot enter or claim and the second Sister cannot enter during the Life of the eldest Sister for her Remainder takes effect in possession after the death of her said Sister 1 Leon. p. 73. Curtis and Cottell's Case 28 Eliz. Trin. B. R. By acceptance of a new Estate of Free-hold Baron and Feme Copy-holders to them and their Heirs the Baron in consideration of mony paid by him to the Lord obtaineth an Estate of the Freehold to him and his Wife and to the Heirs of their Bodies Baron dieth having Issue the Feme enters and suffers a Recovery and his Heir enters Per Statute 11 H. 7. Per Cur. the Entry is lawful for the Copy-hold by the Acceptance of the new Estate was extinguished Cro. El. 24. Stockbridge's Case Where and how Right to a Copy-hold shall be Extinguished by Release A man makes a Surrender of his Copy-hold Land to J. S. which is not good and after J. S. is admitted he which made the Surrender releaseth to him being in possession and after enters upon him The Question was if his Entry be congeable and if by the Release by Deed the customary Right of the Copy-holder was extinct And Per Cur. it is extinct by the Release for he to whom the Release was made was Copy-holder in possession and admitted to the Tenements and therefore the Release of a customary right may enure to him and the Lord hath no prejudice for he hath received his Fine for Admittance and he to whom the Release is made is in by Title viz. by Admittance of the Lord and so this Release enures by way of extinguishment And there is great difference between transferring of an Estate and an extinguishment of a Right Diversity between the transferring of an Estate and the extinguishment of a Right But if a Copy-holder be ousted per Tort there his Release to the disseisor or other wrong doer does not transfer his Right or Bar him 1. Because there is no customary Estate upon which a Release of any customary Right may enure and then 2. It would be a prejudice to the Lord who would lose his Fines and Services Co. 4 Rep. 25. b. Kite and Queinton In Replevin bar to the Conisance That K.D. was seized of the Manor of R. in Fee and that the Tenements in which c. were customary held of the said Manor and that at such a Court a Copy was granted to the Plaintiff whereby he entred and put in his Beasts The Defendant protesting the Premisses were not customary for Plea saith That before the Plaintiffs Title J. Abbot of the Monastery of B. was seized of the Manor of R. c. and one R. T. being seized of the customary Lands in which c. in Fee at the will of the Lord the said R. surrendred to the Abbot who was possessed and occupied the said Premisses for divers years and afterwards demised the said Manor for 40 years to W. M. and then surrendred the entire Manor and Abbathy to H. 8. who granted the entire Manor to the Duke of Norfolk in Fee and he with the assent of the Termor made a Feoffment to Drury of the Manor to whom the Termor surrendred his Lease Drury dyes and it descends to his Heir who granted the Land in which c. again by Copy to Tillot for his Life who entred and put in his Beasts Demurrer The Question was if the Custom is destroyed or if Drury the Defendant may avoid his Grant by Copy Note The custumary Land was never severed from the Manor but granted with the Manor as part of it and was demisable by Copy by all the Lords of the Manor and so it remained till the 15th of Eliz. when the Defendant granted the Copy to the Plaintiff Winch Ent. 991 992. Where a Copy-hold shall be perpetually extinct or where it shall after become a Copy-hold by regrant Forfeit Escheat If a Copy-hold Estate be forfeit or escheat to the Lord or otherwise come into the Hands of the Lord if the Lord make a Lease for years or for Life or other Estate by Deed or without Deed this Land shall never after be granted again by Copy for the Custom is destroyed for that during such Estates the Land was not demised nor demisable by Copy of Court Roll So if the Lord make a Feoffment and enter for the Condition broken it shall never be granted again by Copy But if the Lord keep it in his Hands a long time or let this at will then he may re-grant it Lach p. 213. 1 Rolls Abr. 498. Downcliff and Minors So if the interruption be tortious as if the Lord be disseised and the disseisor dye seized or the Land be recovered against the Lord by false Verdict or erroneous Judgment yet after the Land recovered or the judgment reversed this is grantable again by Copy Legal Interruptions But if the Land so Forfeited or Escheated before any new Grant be extended upon a Statute or Recognizance acknowledged by the Lord or the Lords Wife hath this assigned to her in a Writ of Dower though these are impediments by acts in Law yet the interruptions are lawful and the Lands may never again be granted by Copy 4 Rep. 31. Frenches Case If Copy-holder takes a Lease for years of the Manor by this his Copy-hold is destroyed but such Lessee may re-grant the Copy-hold again to whom he will for the Land was always demised or demisable If a Copy-hold be surrendred to the Lessor of a Manor or be Forfeited to him he his Executors or Assigns may well

a descent of Inheritance at Common Law there the Defendant may plead a Feoffment made by the Ancestor absque hoc that he died seized because he may have an Estate by disseisin after the Feoffment Traverse of the descent and not of the dying seized is not good March p. 21. Anonymus Copy-hold Land was granted by the Lord of a Manor 10 May 3 Car. to the Wife of Tho. Kett and in the Replication the Defendant justifies as Bayliff to Tho. Kett the Plaintiff confesseth the Land is Copy-hold Land but that the Lord granted it 1 Jac. to N. S. in Fee who had two Daughters the Wife of the Plaintiff and the Wife of Tho. Kett and died seized and that the Lands descended to them upon which it was demurred By Berkley the Grant of the whole ought to be traversed Coparceners or confessed and avoided for the first Grant shews that the Defendant was in of all and the descent to the Wife is but for a moity Dyer 171. pl. 8. Per Cur. upon the whole matter disclosed Quaere if a Coparcener cannot distrain upon the Land of another Matter of Form damage fesant and the matter of form in the pleading ought not to be regarded by the Judges upon Statute 23 El. Cap. 5. Judgment was pro Quer. Hutton said The descent which was pleaded makes the second Grant void but by Richardson Though it be avoided yet it is not confessed Hetly p. 114. Port and Yates In Replevin the Defendant avows for damage fesant by reason of a Copy granted to him of the place where c. by the Lord of the Manor Cooper Bishop of Winchester The Plaintiff saith That before Cooper Horn was Bishop by whose death the Temporalties came into the Queens Hands and this Copy-hold during the time that the Temporalties were in the Queens Hands Escheated and the Queen granted it to the Plaintiff in Fee by force whereof he put in his Beasts If there is not confessing and avoiding there must be a Traverse and traverseth the Grant by Cooper Per. Cur. this Traverse is good and ought to be for there is not any confessing and avoiding because he doth not confess the Seisin and grant by Copy but if he had confessed That the Bishop had entred and granted it by Copy Where needs no Travers then there needed not any Traverse So where one justifies by Lease from J. S. the Plaintiff saith That J. S. enfeoffed himself it is not good without a Traverse Cro. El. p. 754. Covert's Case In Ejectment Ancient Demesn pleaded Replication That they are Copy-hold and Traverse The Defendant pleaded that the Lands were ancient Demesn and pleadable by a Writ of Right Close c. The Plaintiff shews That they were Copy-hold Lands and parcel of the Manor and entitles himself by Lease under the Copy-holder and traverseth That they were impleadable by a Writ of Right Close the Traverse is well enough taken Cro. Jac. 559. Pimmock and Helder The Avowant hath Election to Traverse any part of the Plea which goes to the end of the Action or justifies the Action Traverse the consequence In Ejectment the Defendant pleaded That the Lands were ancient Demesn and pleadable by a Writ of Right Close c. the Plaintiff shews they were Copy-hold Lands parcel of the Manor and intitles himself by Lease under the Copy-holder and traverseth that they are impleadable by a Writ of Right Close Demurrer because this Traverse that they were impleadable is but the consequence of ancient Demesn and therefore not traversable but Per Curiam that the Traverse is well enough taken Where a particular Custom is confessed in the Rejoynder he ought to Traverse the general Custom If the Plaintiff in his Rejoynder confesseth a particular Custom he ought to Traverse the general Custom alledged by the Defendant as in Replication the Defendant alledgeth a general Custom Quod quaelibet femina cooperta viro joyning with her Husband in a Surrender of Copy-hold Lands and being privately examined by the Steward that this by the Custom is a good Surrender the Plaintiff replies That there is a Custom in the Manor quod quaelibet c. who is of full Age may Surrender but the Wife who surrendred here was of full Age and doth not traverse the other Custom And Per Curiam it was ill Lit. Rep. 174. Anonymus Presidents and Forms of Pleading as to Copy-hold Estates The Form of Pleading that a Messuage is parcel of a Manor dimissibil dimiss per Copiam 1 Sanders 146. Wade and Batch That the Lands are Copy-hold Lands c. 2 Sanders 321. Pleading of a Surrender made in the Court of the Lord of the Manor to the Use of J. W. in Fee and of the Grant of the Lord to the said J. W. accordingly 1 Sanders 146. Pleading of the Surrender of a Remainder of a Copy-hold Estate to one for Life to another for Life to another in Fee and admission of them accordingly 1 Sanders 147. Pleading the Admittance of two Tenants in the Remainder for Life the Remainder in Fee 1 Sanders 147. Wade and Batch The Form of Pleading Copy-hold in Fee-simple in Tail for term of Life or Years In Fee-simple Hern p. 80. Co. Entr. 10. 647. Estate 3 Br. 463. Hern 227.607 In feod simplici Tail Life or Years Ra. Ent. 627. Co. Ent. 206. U. B. 128 157. Co. Ent. 657 123. Hern 679. Ad terminum vite vel vitarum Hern 653. Ad terminum 2 vitarum successive Hern 72. Ad terminum 1 2 vel 3 vitarum successive Hern 83 123. Simile in possessione Hern 711. Ad terminum vite vel vitarum tam in possessione quam in Reversione Co. Ent. 373 672. Ad terminum 1 vel 2 vitarum in possessione 1 vite in Reversione Hern 724. Ad Terminum 1 vite in possessione 1 vel 2 vitarum in Reversione Hern 254. Ad terminum 1 2 vel 3 vitarum in possessione vel 2 vitarum in reversione unius vite in possessione Coke Ent. p. 184 3 Br. 745. Pleading Surrender Surrender in Cur ad usum in feod Ra. Entr. 627. Co. Entr. 206. 3 Br. 465. Extra Curiam in manus 2 Tenentur ad usum in feod Co. Entr. 575 645. Usi Extra Curiam ad usum W. pur vie Remainder al Baron Feme Heires de Feme Co. Entr. 207. In manus Dom Co. Entr. 575. Per Tenant pur vie de moiety al use des Fitz Hern 255. Per 2 Tenants pur vie al intent de regrant Hern 656. Per Feme Covert secretur examinatur Co. Entr. 576. 3 Br. 465. Per Attorn secundum consuetudinem Manerij Co. Entr. 657. Per literam Attoruatur Co. Entr. 576. Presentment per l' homage de surrender extra Curiam Co. Entr. 206. Simile per tenentur jacen in extremis Co. Ent. 206. Admissio secundum sursum redditionem Co. Entr. 207 575 bis 577 645 657. Admissio heredis super

per Copie Co. Ent. 180. per Title Surrender Admittance Fine Repl Bar per Title al custumarie terres al J. Feme de H. in Fee descent al Def. Repl H. J. ad talem curiam ead J. existen sola examinatur per seneseal surrender al use de quer Rej. maintenance de discent travers quod J. fuit sola examinatur 3 Brownl 270. Trns̄ Bar quod J. seisitus de terris custumar surrender al use de S. qui fuit admit descent Def. replie qd I. surrender sur condicon de payment Et quod obtulit denar quos def recusavit Rej. non obtulit denar Co. Ent. 657. Repl Bar quod D. seisitus de maner grants custumar terres al Def. pur vie Replic S. prius seisitus de Maner grant al Plaintiff pur vie Rej. Plaintiff surrender al use del J. c. Surrej maintenance del Avowry Traverse le surrend Hern 653. 753. Vide. Surrender Descent Avowre que W. Roy seise de Manor grant in Fée al M. qui surrend al use de Def. Repl̄ W. prius seisitus de manerio grant al J. de quo descend al P. qui surrend al use de M. pur vie qui demise al querenti Rej. W. devant grant al J. grant al B. de quo descend al M. qui surrend al Def. Et Traverse grant al J. Co. Ent. 575. Trns̄ Bar quod E. seisitus de Manor pur vie grant al Def. in Fée Repl̄ H. seisitus de rever de Manor puis mort de E. grant terres al quer Traverse grant al Def. Co. Ent. 660. Trns̄ Bar quod Abbas seise de Manor grant custumar terres al J. H. in Fée H. surrend al use de R. qui fuit admitur de luy descend al Def. Replic quod Terres descendebant juniori filio per consuetur manerij Abbot granted al dit R. contra consuetur qui mor seise Abbas restituend grant al quer junior filio traverse que Abbas granted al J. H. Rast Ent. 627. Trn̄s Bar quod dominus manerij ob certas causas seisivit terras custumarias unde E. fuit seisitus pur vie grant al M. in Fóe. E. Release M. Surrend al use de Def. qui fuit admissus Repl̄ E. mor seisie discent querentur Traverse le Release 3 Browl. 463. Trns̄ Bar quod T. seisitus de Manor grant per Copie al Def. pur vie Repl̄ Abbot prius seisitus grant al R. pur vie puis grant le Revereon al Plaintiff pur vie Rej. Abbot devant grant in reversion demise Manor pur ans al J. le Roy seise per surrend del Abbot grant Manor al dit T. Surrej Maintenance de grant in Reversion per Copie Traverse demise de Manor Co. Entr. 662. Trans̄ Bar ꝑ frank-tenement Repl̄ que terre fuit customar fuit grant per Copie pur vies Et per Custome Feme Plaintiff est seise p̄ son free Bench 3 Brownl 474. Trns̄ Bar ꝑ frank-tenement Replic R. seisitus de Manor grant ꝑ Copie en Fée al J. qui surrender al use de Plaintiff qui est admit Rej. ꝑ consuetud maner Dominus habere debet finem pro admissione Et quer forisfecit ter̄as ꝑ finem insolutur Sur̄ej finis non fuit rationabilis Demur inde Co. Ent. 657. Quod J. seisitus de maner unde ter̄e custumar discend fun filio ꝑ consuetur concessit ter̄as viro Vx. her̄d viri Vxor suꝑ vixit reversio discend fratri de eo dese juniori filio Hern 679. Bar in Repl quod T. W. was seized of the Manor of H. unde locus in quo est parcel custumar ter̄es in Fee Custom of the Manor was for every Tenant to hold successive as they are named in the Copy W. grants to Iohn Podger and E. and M. his Daughters for their Lives Iohn enters and was seized for Life he dyes and E. enters and was seized for Life she afterwards marries the Plaintiff by which he was seized in right of his Wife and put in his Beasts until c. and avers the Life of the Wife Repl Def. protestando the place in Question is not parcel of the Manor of H. c. pro placito he confesseth the seisin of W. of the said Manor unde c. and that there was such a Custom as the Plaintiff hath alledged and that W. granted to Podger and his Daughter for Lives and shews the entry and seisin of the Father But farther saith That W. by Indenture Enrolled bargained and sold the place in Question to Iohn Podger in Fee and the Act of 27 H. 8. De uses proclamatur upon a Fine according to the 4 H. 7. and the Fine levied to the Use of Iohn Podger in Fee he dyes and the Premisses descend to Marmaduke his Son who levies another Fine of the Premisses to the Use of him and M. his Wife and the Heirs of the Husband The Husband dies his Wife survives and enters into the Premisses and after the Plaintiff enters and puts in Beasts c. upon whose possession the Wife re-enters and the Defendant takes the Beasts of the Plaintiff E. did not claim within five years and that the Plaintiff and his Wife were barred Upon Demurrer general to the Replication and Rejoinder the Judgment of the Court was That the Fine was not a bar Winch Ent. p. 926 ad 929. Vide the Argument of this Case 9 Rep. Margaret Podgers Case Avowry ꝑ Lessée p̄ ans del Evesque p̄ Damage Fezant averre le vie del Evesque Bar que le lieu est parcel d'un Mannor demisable ꝑ Copie intitle luy mesme ꝑ Copie grante ꝑ pdecessor del Evesque Defend maintaine son Avowry Traverse le Prescription del Copy-hold placita Gen Spec 579. Bar to the Conisance in Replevin That the 10 Acres are Copy-hold parcel of the Manor of W. And King H. 8 seized of this Manor grants by Copy the said 10 Acres to R. D. he dies and a descent to Grace and Alice his Daughters and Co-heirs Grace dies a descent to S. E. her Son who demiseth his part for a year Kepe the Defendant protestur that the 10 Acres are not Copy-hold and that King H. 8. had not granted to R. pro plto That King H. 8. was seized of those 10 Acres in Fee in jur corone and died seized and descent to King Edw. 6. who grants them to K. F. and W. F. in Fee R. releaseth to W. W. dyes sole seized descent to W. his Son and Heir W. the Son dies without Issue descent to K. Father of W. in the Conisance Fine with Proclamation to the Use of R. F. Father of the said W. in the Conisance named seisin in Fee R. dies descent to W. named in the Conisance who entred and was seized in Fee and because the Beasts were Damage fesant he maintains his Conisance Demurs

and Judgment pro Quer for that the Replication doth not confess or avoid nor deny the bar to the Avowry Winch Entur p 997 998 999. Foster and Woodcock Eject Bar que W. seisitus de Manor grants custumar ter̄es in Reversion al Def. auters pur vies Repl que W. demised ceo Manor al C. R. determinable pur vie del M. ils̄ assigne al M. qui grant Reversion de ter̄es al H. pur vie Rej. que D. fuit prius seisitus de Manor que descend al 3 Coheirs quas W. disseise c. Surrej ꝑ maintenance de Replic Traverse le disseisin Demur inde Co. Ent. 184. Replev Quod Reg. Eliz. seisita de manerio unde c. concessit ter̄as custumar R. M. Vxori ejus hered Vxoris qui sursum reddider ad usum Def. Bar quod W. prius seisitus de maner concessit terras al J. de quo descend al P. qut sursum reddidit al A. qui sursum reddidit al M. pur vie qui dimisit quer Repl quod W. ante concession al J. concessit ter̄as al B. de quo discend al M. qui sursum reddidit Def. travers grant al J. issue inde Co. Ent. 575. Quod J. seisitus de maner unde c. concessit Def. pro vita in Reversion ter̄as custumar dimissibil pro 2 vitis tam in Possessione quam in Reversione Hern 724. Trns̄ quod C. seisitus de manerio concessit ter̄as customar in feod al B. de quo descend Def. Repl C. fuit sisitus de manerio unde c. quod discend quer traverse quod ter̄e sunt custum U. B. 153. Trns̄ Def. justif sub tenentur custum monstroit le Estate de Copyhold durante viduitate Tomps 395. Trn̄s novel assignmtur Def. dicit quod pmissa tempore c. parcel custmaria dimissibilia ꝑ cop cuicunque ꝑsone ill capere volent in Talliatur seu pro vita Et quod F. G. pd fuit seisitus ad cur tentur 26 Martij dimisit cuidam W. in feodo qui dimisit Def. pro Anno virtute cujus c. done Colour Repl quod pmissa sunt liberum tenementum quer sic manutenet nar̄ationem traverse que pmisse fuer parcel manerij de L. Rej. exitus sur traverse Keb. 465 467. In Repl Copyhold in Reversion ꝑ copiam tenentur in possessione advocat captionem pur Damage fesant custom del Manor granter Estates en possession ou reversion Hern 777. CAP. XXXIII Evidence Tryal Issue What shall be a good Evidence to prove the Custom alledged or not Presumptive Evidence Where Copy of a Lease is good Evidence What shall be tryed by the Jury and what by the Court-Rolls Substance found in special Verdict Who may be admitted to give Evidence When Issue is taken upon a Surrender where to be Tryed Venue What shall be a good Evidence to prove the Custom or not THE Custom of a Manor was laid to be That if a Copy-holder hath two Sons and a Wife and dyes and the eldest Son hath Issue and dies in the Life of the Wife that the younger Son shall have the Land the Issue being upon the Custom the Jury found the Custom to be That the younger Son shall have the Land unless the eldest was admitted in his Life and paid the Lords Fine Per Curiam the Verdict is not sufficient to prove the Issue Moor n. 566. In Replevin If the Defendant justifies the taking as Damage fesant The Plaintiff in bar pleads by reason of a Common to such a Copy-hold for all Beasts Levant and Couchant and avers that these Beasts were Levant and Couchant c. upon which the Parties were at Issue and it is found that part of the Beasts were Levant and Couchant Part found for the whole and part not this is found for the Defendant for the Issue is upon the whole and the contrary to it is found Trin. 17 Jac. B. Sloper and Allen. The Issue was in Kemp and Carters Case 1 Leon Case 70. p. 55. If the Lord of the Manor granted the Lands in question Per copiam rotulorum curiae Manerij praed secundum consuetud Manerij praed It was given in Evidence That within the said Manor were divers custumary Lands and that the Lord now of late at the Court of the said Manor granted the Land per Copiam Rotulorum curiae where it was never granted by Copy before Per Cur. the Jury are bound to find Dominus non concessit for notwithstanding de facto Dominus concessit per Copiam Rotulorum curiae Non concessit yet non concessit secundum consuetudinem manerij predict for the said Land was not custumary nor had the Custom taken hold of it Several Customs within several limits ought to be specially shewed It was shewed then That within the said Manor some customary Lands are demisable for Life only and some in Fee By Anderson Chief Justice He who will give in Evidence these several Customs ought to shew the several Limits wherein the several Customs are severally running as that the Manor extends into two Towns and that the Lands in one of the said Towns are grantable for Lives only and the Lands in the other in Fee and he ought not to shew the several Customs promiscue valere through the whole Manor In an Action brought The Defendant alledgeth a Custom of a Copy-hold to be demised in Fee Tayl or for Life and made Title by a demise in Fee to himself The Plaintiff traversed the Custom and the Custom was found to be Substance found to demise in Fee or for Life but not in Tayl Per Cur. the Issue was found for the Defendant because the substance was found for him and the Tayl was but inducement Moor n. 490. Dorley and Wood. Wadsworth's Case before Judge Crawley at York Assises was upon an Intail of a Copy-hold within the Manor of W. and several antient Intails shewed in Evidence in Edward III. time and remainders limited over upon such Intails and Plaints in nature of Formedons brought there for such Remainders and Recoveries thereupon and several Issues after had taken their Admittances as of Fee simple Land as Heirs in Fee and for this cause Purchasers look at the Copies Presumptive Evidence and seeing Fee-simple in Admittances are secure the Estate is so and apply their Assurances accordingly the Jury found for the Plaintiff against this Intail and it shall be presumed the Intail hath been cut off some way when many Admittances have been in Fee simple The Custom of a Manor is Less Estate than the Custom That the Wife shall have it during her Life and on Evidence it appears that she shall have it durante viduitate this Evidence doth not maintain the Custom 4 Rep. 30. If the Parties be at Issue upon the time of the Surrender made or the Court holden The time of the Surrender or of the