Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	defendant_n	plaintiff_n	writ_n	4,414	5	9.5649	5	true

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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

of his last Will how the Estate stands in the Surrenderer Copy-holder surrenders to the Use of himself for Life and after to the Use of R. his Son for Life and after to the Use of his last Will. R. dyes the Father afterwards surrenders it to the Use of J. S. in Fee and dyes without making any Will It s a good Surrender for a Copy-holder may surrender parcel of the Estate and the residue shall be in himself and the Fee Simple of the Copy-hold being limited to the Use of his Will remains in the Copy-holder and not in the Lord Cro. El. 441. Co. 4 Rep. 23. Finch and Hockly and that the Fee lyes not in the Lord is Bullen and Grants Case 1 Leon. p. 174. When one surrenders to the Use of his last Will and thereby deviseth Copy-hold Lands to his middle Son and the Heirs of his Body who dyes without Issue and the Lord grants it to the youngest the eldest Son may enter and Admittance is not necessary Copy-hold devised to pay Debis J. S. seized in Fee of Copy-hold Lands devised it to his Wife for Life and that she should sell the Reversion for the payment of his Debts and after in Court did Surrender the Lands to the Use of his Wife for Life according to the Will and Deed she may sell the Land he surrendered and referred to the Will and she surrendred upon Condition to pay 12. l. this was held to be a good Sale according to the Will Cro. El. 68. Bright and Hubbard If there be two Joynt-Tenants By Joynt-Tenants and the one Surrenders into the Hands of two Tenants to the Use of his last Will and makes a Will of the Land and dyes the Surrender is afterwards presented Per Cur. It s a severance of the Joynture and shall bind the Survivor for being presented it shall relate to the first time of the Surrender Cro. Jac. 800. Porter's Case 1 Brownl Rep. 127. Allen and Nash Pleadings Quod tenens custumar in feodo possit devisare in feodo pro termino vitae vel annorum Coke Ent. 124. Surrender upon Condition or Contingency Copy-holder may Surrender to the Use of another on Condition if the Copy-holder pay to the Surrendree c. ad Domum suam Mansionalem c. that then the Surrender shall be void 5 Rep. 114. Wade's Case A Copy-holder may Surrender to the Use of another reserving Rent Condition Re entry for non-payment of Rent with Condition of re-entry for non-payment and for default of payment he may re-enter 4 H. 6.11.21 H. 6.37 A Copy-holder surrenders upon Condition and afterwards by his Deed releaseth the Condition its good without surrender for properly a Right or Condition cannot be given or determined by Surrender but by Release Cro. Jac. 36. Hull and Shardbrook 4 Rep. Kite and Quinton Surrender to the Use of one in Fee upon Condition to pay 100 l. to a Stranger it was a Question if the tender of 100 l. to a Stranger and he refusing the Condition is saved By Beaumont it is saved aliter in Case of an Obligation where he takes upon him to do it Cro. El. p. 361. Paulter's Case K. L. Father of the Defendant Copyholder in Fee surrendred to the Use of the Defendant in Fee upon Condition he should perform the Covenants in such an Indenture the Defendant was admitted and after surrenders the Land to the Use of the Plaintiff in Fee upon Condition if the Defendant paid 10 l. the Surrender to be void The Defendant neither paid the 10 l. nor performed the Covenant in the Indentures The Father enters and dyes seized and it descends to the Defendant Additional Surrenders defeated by Entry and he enters upon whom the Plaintiff enters The Question was if this Entry were lawful and adjudged it was not for by the Entry of the Father both the Surrenders are defeated So the Defendant may confess and avoid what was done to the Plaintiff Judgment pro Defendente Cro. Eliz. 239. Simonds and Lawnd Trin. 33. Eliz. One cannot pass a Copy-hold Estate to begin at a day to come no not upon a Contingency A Copy-holder saith he surrenders his Copy-hold Estate and if his Child which shall be Born dyes before his Age of 21 years that then his Brother shall have it it s not good This Case falls upon a Rule in Law That one cannot pass a Copy-hold Estate to begin from a day to come nor yet upon a Contingency no more than a Free-hold at Common Law 2 Bulstr 274. Simpson and Southern If a Copy-holder surrenders his Copy-hold of Inheritance into the hands of the Lord Use vests presently the Condition to take effect in futuro to the Use of J. S. paying of an 100 l. to his Executors within such a time after his death he to whose Use this Surrender is made takes by force of this presently Per Dodridge 2 Bulst p. 275. idem Case Surrender upon Condition or Contingency Copy-holder may surrender to the Use of another on condition if the Copy-holder pay 250 l. ad domum suam mansionalem c. that then the Surrender shall be void 5 Rep. 114. Wade's Case A Copy-holder may surrender to the Use of another reserving Rent Condition of re-entry for non-payment of Rent with condition of re-entry for non-payment and for default of payment he may re-enter 4 H. 6.11.21 H. 6.37 A Copy-holder surrenders upon condition and afterwards by his Deed releaseth the condition its good without surrender for properly a right or condition cannot be given or determined by Surrender but by Release Cro. Jac. 36. Hull and Sharebrook 4 Rep. Kite and Quinton Surrender to the Use of one in Fee upon condition to pay 100 l. to a Stranger it was a Question if the tender of the 100 l. to the Stranger and he refusing the condition is saved By Beaumont it is saved aliter in Case of an Obligation where he takes upon him to do it Cro. El. p. 361. Poulter's Case The Form of a Surrender of Copy-hold Land upon Condition Vide Conveyancers Light p. 827. Vide infra Presidents Of Surrender before Admittance whether it shall be good or not Purchaser hath nothing before Admittance neither can he Surrender A Surrender to J. S. J. S. Surrenders to a Stranger who is Admitted The Stranger takes nothing for J. S. had no Estate before Admittance and the right and possession still remains in him who surrendred and this shall descend to his Heir But the diversity is an Heir to whom a Copy-hold descends or comes in remainder he may surrender before Admittance because he is in by course of Law for he Custom which makes him Heir to the Estate casts the Possession upon him from his Ancestors But a Stranger to whom the Copy-hold is surrendred had nothing before Admittance because he is a Purchaser and the Copy made to him upon his Admittance is his Evidence by the Custom and before

mortem sursum redditionem vel forisfacturam of the Feme and after the Husband Surrenders to the Use of B. for Life and so he is Admitted Tenant and after dyes In this Case C. shall not have this because his Estate is not to commence till after the Death Surrender or Forfeiture of the Feme and the Feme here is in Life and had not made any Surrender or Forfeiture and the Wife had right in this in the nature of a plaint de cui in vita But the Lord in this Case may retain it in his own proper hands or disposition Occupant during the Life of the Husband quasi an Occupant Dyer 9 El. 264. Sect. 38. Surrender to whom To the Wife By the Husband to the Use of the Wife is good vide supra and 4 Rep. 29. Bunting's Case for it is done by Surrender to the Lord and Admittance To the Steward A Surrender made to the Steward to the Use of the Steward is good for the Entry is quod sursum reddidit in manus Domini and the Steward is but the Lords Servant and the surrender is to the Lord and not to him Cro. El. p. 717. Erish and Rives So Infant Vide supra Of Countermand of a Surrender Where the Surrender of a Copy-hold may be Countermanded by the Party himself and what collateral Act without the assent and privity of the Party shall be a countermand and where and what not Grant by Baron and Feme shall bind the Feme notwithstanding the Coverture so Grant by non compos mentis Infant Vide supra Vide supra Where and what Grants by Lords of Manors shall be good or defeasible in respect of the Estate they had therein Surrender is not Countermanded by the death of Surrenderor before Presentment 4 Rep. 29 Bunting's Case VVhere the Customs are not pursued the surrenders are void Vide sparsim and 5 Rep. 84. Peryman's Case Surrender by Steward or Deputy Steward and of persuing their Warrants vide Steward supra What remedy to force a Trustee to Surrender A Copy-holder doth surrender to the Use of one A. in Trust In the Lord's Court. that he shall hold the Land until he hath levied certain Monies and that afterwards he shall surrender to the Use of B. The Monies are levied A. is required to make surrender to the Use of B. he refuseth B. exhibits a Bill to the Lord of the Manor against A. who upon hearing of the Cause Decrees against A. That he shall Surrender he refuseth Now the Lord may seize and admit B. to the Copy-hold for he in such case is Chancellor in his own Court Per totam Curiam 1 Leon. 2. Or relief may be had in Chancery CAP. XVI Of Presentment How and when to be made How to be pursuant to the Surrender What the Law is if Surrenderor or Cesty que use or the customary Tenants into whose Hands the Surrender was made dye before Presentment or Admittance VVhere two Surrenders are and the second Surrender is presented first Presentment No good Surrender till presented IF the Surrender be made out of Court into the Hands of the Lord himself which the general Custom will warrant or into the Hands of the Bayliff or of two Tenants of the Manor which is warrantable only by special Custom there must be a true Presentment of the Surrender in Court by the same Persons into whose Hands the Surrender was made and the Admittance of the Lord must be according to the effect and tenor of both the Surrender and Presentment It is not an effectual Surrender till it be presented in Court And therefore in an Action on the Case on Assumpsit in Consideration that the Plaintiff would surrender to the Defendant and his Heirs a Copyhold according to the Custom of the Manor Defendant assumed to pay 500 l. and for breach of this promise the Plaintiff brings the Action and had a Verdict but Judgment was arrested because the Consideration on the Plaintiffs part was not performed for the Consideration was That he should surrender the Copy-hold to the Defendant and his Heirs and he hath alledged the surrender to be into the Hands of a Copy-hold Tenant of the Manor to Use of the Defendant which is no surrender untill it be presented at the next Court and so it is uncertain whether it shall take effect or not Stiles p. 256. Shaan and Shaan The Presentment by the general Custom of Manors is to be made at the next Court day When to be be made immediately after the surrender but by special Custom at the second or third day afterwards and by Rolls in Jay's Case Stiles 275. there is no certain time but as the Custom is so that it be within the Life of the Tenant it is to be made by the same persons that took the Surrender and in points material according to the true tenor of the Surrender But if the Surrender be conditional Presentment must pursue the Surrender and the Presentment absolute the Surrender Presentment and Admittance are void except the Steward in the entry of it omits the Condition and upon sufficient proof made in Court of that the Surrender shall not be avoided but the Roll amended and this shall be no conclusion to the Party to plead or give in Evidence the truth of the matter 4 Rep. 25. Kite and Quinton But in May's Case Norf. Summer Assises 1663. The Custom of a Manor was for a Copy-holder in extremis to surrender into one Tenants Hands in the presence of credible Witnesses and a Surrender was made accordingly but presented to be done to another Tenant yet being proved to be done to a Tenant of the Manor It was holden by Wadham Windham Justice to be good Of Presentment where the Surrenderor or Surrendree Cesty que use or customary Tenants dye before Presentment or Admittance Surrenderor dyes If one Surrender out of Court and dye before Presentment if Presentment be made after his death this is good 4 Rep. 29. Bunting's Case Cesty que use dyes If Cesty que use he to whose Use the Surrender is made dyeth before Presentment yet upon Presentment made after his death his Heir shall be admitted Stiles p. 145. Barker and Denhan Surrenderor and Cesty que use both dye If one Surrender out of Court to the Use of one for Life the Surrenderor and the Lessee for Life both dye before the Presentment yet upon Presentment made he in Remainder shall be Admitted Surrendree dyes Surrendree dyes before Admittance his Heir may be Admitted and if it be Burrough-English the youngest Son 2 Siderfin 38 61. The Tenants into whose hands the Surrender was made dye If the Tenant into whose Hands the Surrender was made dye before Presentment yet upon sufficient proof made in Court That such a Surrender was made the Lord shall be compelled to admit Co. Lit. 62. Nothing passeth till presentment But nothing passeth till Presentment

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

c. is but a Conveyance to his Title and for that it was found that it was demisable in Fee and that it was demised unto him in Fee this is the substance of his Title and so sufficient Cro. Eliz. p. 431. Doyle and Wood. In Eject Fir. If the Jury find a special Verdict That J. S. was seized of the Manor of D. in his Demesn as of Fee in which Manor was a Copy-holder of the place where c. and commits Waste by cutting down an Oak and that after J. S. dies and the Lessor of the Plaintiff being his Cousin and Heir enters in the Manor in the place where c. for the said Forfeiture and was of this seized in his Demesn as of Fee and concludes si super totam materiam c. This is not a good Verdict because it is not found that J. S. died seized of the Manor and that this descends to the Lessor Seisin and descent as Cousin and Heir as his Cousin and Heir for it may be that J. S. aliened the Land and that the Father of the Lessor or the Lessor himself re-purchased this and that he was also Cousin and Heir to J. S. and although it be in a Verdict it shall not be intended that the Fee continued in J. S. at the time of his death and that he died thereof seized without finding it 2 Rolls Abr. 699. Cornwallis and Hammond Part found the Issue upon the whole not good In Replevin The Defendant justifies by reason of 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 are at issue and it is found that part of the Beasts were Levant and Couchant and part not this is found for the Defendant for the whole for the issue was upon the whole and the contrary is found 2 Rolls Abr. 707. Sloper and Allen. Presidents in Special Verdicts Quod Tenementa sunt custumaria dimissibilia per Copiam dimissio per Dominum ex traditione propria 1 Rep. 117. Chudleigh 's Case Sursum redditio admissio in feodo Co. Entr. 207. Simile in Tallio communis recuperatio inde Co. Entr. 206. Tenementa concessa per copiam la A. B. super vixit Co. Ent. 273. Consuetudo infra manerium de devisatione devisatio in haec verba Co. Ent. 124. Littera Attornat ' ad sursum reddend ' tenementa custumaria sursum redditio admissio superinde Coke Entr. 576 577. Et si sit sufficiens in Lege Manerium Tenementa ab antiquo discendebant 2 percenariis qui fecer ' partitionem de terris dominicalibus ac Tenementa Custumaria servitia remanser ' in communi Coke Entr. 711. Officium Seneschalli manerij execut ' per deput ' contentio inter 2 Seneschallos de Cur. Baron Tenend 9 Rep. 45. In Ejectment Jury find that the Lands are demisable by Lives in possession or reversion and that the Widow in possession held the Lands so long as she remained sole and chaste and that M. C. Widow was seized for Life durante viduitate the Lord grants the Reversion of the said Lands by Copy to R. C. the Son of M. for Life to commence after the death forfeiture or surrender of M. M. surrenders one moiety of the Premisses to R. The Lord dies discent of the Manor to C. S. his Cousin and Heir R. Tenant for Life of one moiety and M. Tenant in Free-Bench of the other moiety the Lord by Indenture demiseth to the Lessor of the Plaintiff for 99 years if he and J. and B. his Sons shall so long live to commence after the death and determination of the Estates of the said M. and R. and of the viduity of such person as shall be his Wife at the time of his death M. surrenders her moiety to R. R. dies seized of both moieties P. C. the Defendant his Wife is admitted she commits Fornication and had a Bastard Jury find the entry of the Lessor If the Lease shall commence before P. dies was the Question Winch Ent. 455. Jury found that the Messuage and Lands tempore quo c. tempore hors memory were custumary part of the Manor of B. a Prebend of S. demisable by Copy of Court Roll for one two or three Lives and that by the Custom of the Manor every Tenant for Life sole seized of any customary Estate for Life in possession may nominate one to succeed him to be Tenant to the Lord for Life and that the party nominated used to require his Admittance and pay such Fines as were taxed by the Homage Another Custom was That every customary Tenant sole seized in possession may cut Timber Trees c. and that Mason the Defendant being Copy-holder for Life 1 May 40 Eliz. named R. P. to be his succeeding Tenant They also find that Robert P. being Prebendary of the said Prebend and seized in Fee of the said Manor 20 March 40 Eliz. demised by Indenture the Manor of B. to Peter Hoskins for three Lives and by the said Indenture Bargains and Sells to him all the Timber Trees c. by which Indenture is a Letter of Attorny to make Livery and they find the Indorsement on the Indenture to this effect Midd. That J. B. one of the Attornies entred into part and made Livery Midd. That J. G. the other Attorny entred into part and made Livery The Livery made in the House of the Lord was Endorsed but it is not mentioned to be part of the Manor The Jury find the entry of Peter Hoskins and seisin for three Lives according to the Lease which aids the other Imperfections Verdict aided 1 Jan. 43 Eliz. Peter Hoskins demiseth to J. Hoskins Masons Tenement and Lands for 99 years March 3 Jac. Mason continuing customary Tenant for Life after his nomination aforesaid cut down 20 Trees off his Copy-hold upon which J. Hoskins 6 Jac. entred upon the Land and demised to the Plaintiff who enters upon Mason who re-enters and if his re-entry be lawful they find for Mason After non-suit one of the Defendants was dead this suggestion must be entred on the Roll. and if not lawful they find for the Defendant Winch Ent. 440. Rowls and Mason In Ejectment to try the Custom of E. of Copies for three Lives the Plaintiff was non-suit and one of the Defendants being dead Hales Chief Justice advised to enter a Suggestion on the Roll That one was dead or else the Judgment for the Defendant on the non-suit will be erroneous as to all 2 Keb. 832. Hawthorn versus Bawden CAP. XXXV Copy-holders relieved in Chancery or what things in respect of Copy-hold Estates are relievable in Chancery or not NOW I conceive it will not be impertinent but rather a thing well approved of to cite some Cases Resolutions and Decrees wherein Copy-holders have been relieved and what remedy the Chancellor will give in respect of Lords

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

re-grant it to him again If a Copy-hold Escheat to the Lord Escheat and he alien the Manor by Fine Feoffment c. his Alienee may re-grant this Land by Copy for it was always demised or demisable but if it be a particular Copy-hold Estate otherwise as was said in the beginning of this Case 4 Rep. 31. Frenches Case If a Copy-holder sue Execution of a Statute against the Lord of a Manor Not destroyed by execution of the Manor at the Copy-holders Suit and had the Manor in Execution and after the Debt is levied the Interest of the Copy-hold remains Per Manwood Heydon's Case Savills Rep. A Copy-holder in Fee marries a Woman Suspended Seignioress of the Manor and after they suffer a Common Recovery which was to the Use of themselves for Life Remainder over by some the Copy-hold is extinct for by the Recovery the Husband had gained an Estate of Freehold But Per Cur. by the inter-marriage it was only suspended Cro. El. p. 7. Anonymus If a Copy-holder accept of a Lease for years of the Manor or marry the Lords Wife by this the Copy-hold is not extinct but suspended If a Copy-hold be granted to three for Lives Suspended and the first of them take an Estate by Deed with livery from the Lord by this the Copy-hold for that Life is suspended Dyer 30. 4 Rep. 31. No prejudice to the Wife or to him in reversion Baron seized of a Manor in right of his Feme let Copy-hold Land parcel thereof for years by Indenture and dyed this doth not destroy the Custom as to the Wife but that after the death of her Husband she may demise by Copy as before So If Tenant pur vie of a Manor let a Copy-hold parcel of the Manor for years and dyes it shall not destroy the Custom as to him in Reversion Cro. El. P. 38 Eliz. Conesby and Rusketh for being Tenant pur vie he may not do wrong by destroying of Customs King H. 8. grants Lands being parcel of Copy-hold of a Manor without reciting this to be Copy-hold to Sir J. G. pur vie Sir J. G. morust Queen Mary grants the Manor to Susan Tenny in Fee who let the Manor for years to Lee. Lee before his years expired grants the Land in question to R. L. in Fee according to the Custom of the Manor Lee's years expire R. L. let to Field at will and the Defendant enters as Heir to Tenny Judgment pro Quer. Suspension and not Destruction of a Custom Kings Prerogative The Grant of the King is but a suspension and no destruction of the Custom And though the Maxim is It ought to be demised and demisable c. yet this holds not in the case of the King 2 Siderfin p. 142. Vide contra 1 Rolls Abr. 498. Downcliff and Minors Vide sub Tit. Grants by the Lord. As to the escheating of Copy-holds after escheating it cannot properly be called a Copy-hold Escheat except it be because there is power in him to re-grant it as Copy-hold Were it by Custom that the Wife shall be endowed of the intierty or moiety and such customary Copy-hold Lands Escheat and the Husband dyes The Wife not to be endowed after Escheat his Wife shall not be endowed of the intierty or moiety because the Custom as to her is extinct 2 Siderfin 19. A Copy-hold Escheated may be demised notwithstanding the Lords Continuance of it in his Hands above 20 years 2 Keb. 213. Pemble and Stern Note If the Copy-holder of a Manor hath had time out of memory Copy-hold extinct but not a Way over the Copy-hold Land a Way over the Land of another Copy-holder and he purchaseth the Inheritance of his Copy-hold by which the Copy-hold is extinct yet by this the Way is not extinct 1 Rolls Abr. 933. Empson and Williamson CAP. XXIV How and where Copy-holder shall hold his Lands charged or not by the Lord or Copy-holders as Dowers Rent-charges Statutes And how and where they shall be avoided THE Lord of a Manor in which were Copy-holders for Lives takes a Wife Dower of the Lords Wife and after a Copy-holder dyes the Lord after Coverture grants the Lands again according to the Custom of the Manor for Lives and dyes the Lords Widow shall not avoid these Grants in a Writ of Dower yet the Custom which is the Life of the Grant was long before 4 Rep. 24. If Feoffee of a Manor upon Condition make voluntary Grants of Copy-hold Estates according to Custom and after the Condition is broken By Feoffee a Manor upon condition and Feoffee re-enters yet the Grants by Copy shall stand Earl of Arundel's Case cited in Co. 4 Rep. 24. Copy-holder by voluntary grant not subject to the Lords Charges The Copy-holder which comes in by voluntary Grant shall not be subject to the Charges or Incumbrances of the Lord before the Grant 8 Rep. 63. Swain's Case Lord of a Manor where the Custom was of Land demisable for one two or three Lives that he that was first named in the Copy should enjoy it only for his Life and so the second The Remainder preserves the Estate from Charges c. grants it to J. P. and E. and M. his Daughters for their Lives if the Lord had charged the Inheritance of the Copy-hold J. P. shall not hold it charged during his Life for the mean Estates in Remainder preserve the Estate of J. P. by Copy from the Incumbrances of the Lord 9 Rep. 107. Margaret Podger's Case Rent charge Earl of W. seized of Manor by Copy grants a Rent-charge to Sir W. Cordel for the term of his Life and conveys the Manor to Sir W. Clifton in Tayl the Rent is behind Sir W. Cordrel dyes the Manor descends to Sir John Clifton who grants a Copy-hold to H. The Executors of Sir W. Cordel distrain for the Rent Per Cur. the Copy-holder shall hold the Land charged 2 Leon. p. 152. and 109. Cordel and Clifton But it hath been adjudged That the Wife of the Lord shall not be endowed against the Copy-holder for the Title of Dower is not consummated before the death of the Husband so as the Title of Copy-holder is compleated before the Title of Dower and in this Case the Seisin and possession continues in Sir John Clifton who claims only by Sir William Clifton who was the Tenant in Demesn who ought to pay the Rent Lord and Copy-holder for Life be the Lord grants a Rent-charge out of the Manor Rent charge by the Lord upon the Manor whereof the Copy-hold is parcel the Copy-holder surrenders to the Use of A. who is admitted accordingly he shall not hold it charged but if the Copy-holder dyeth so that his Estate is determined and the Lord granteth to a Stranger de novo to hold the said Land by Copy this new Tenant shall hold the Land charged 1 Leon. p. 4. Lord of a Manor where Lands were

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

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

Custom may be alledged within the Manor and applied but to a single Copy-hold Per Cur. such Custom as well for the form as the matter is good for a Copy-holder cannot prescribe in his own name for the exility of his Estate Precribe for Common in one Copy-holder but he ought to prescribe in the Lords name when he claims Common c. out of the Land of a Stranger but if he claim such profit in the Manor he must lay it by way of Custom for then he cannot prescribe in the Lords Name for the Lord cannot prescribe to have Common in his own Soil and one Copy-holder may have such Common c. It may have a lawful commencement and all the other Copyholds may be extinct 4 Rep. 31 32. Foyston's Case vide for Prescription devant In Trespass the Defendant justifies as Copy-holder for Common he saith these are customary Lands but doth not say ad voluntatem Dom. which is uncertain whether Tenant-right Lands or Burrough-English or Free-hold Judgment Pro Quer. 3 Keb. 368. Walker and Wilson Customs must be pursued in Pleadings A man cannot plead a Prescription against a Prescription A Prescription not to be pleaded against Prescription but he ought to answer the Prescription alledged in the Count when two Customs repugne Cro. Car. 432. Spooner and Day 's Case Carter's Rep. 88. Custom alledged to be That if any Copy-holder seised of customary Lands of the said Copy-hold die seized thereof having many Sons that the youngest shall Inherit and the Defendant in Replevin makes his Title That a customary Estate was granted to the Father and Mother and the Heirs of the Father and the Mother survived This Estate is not within the Letter of the Custom Per Walmsly and cited Sir John Savage's Case Quod vide supra sub Tit. Custom 2 Leon. 208. Beal and Langly A particular Tenant at Will may not prescribe in his sole Tenancy Prescription by a particular Tenant at Will but when the Prescription and the Custom runs half through the Manor he may well lay it by Custom Kelloway 76 77. Tropnel's Case Tenant may plead a Custom to enjoy without interruption of the Lord. Copy-holder may plead a Custom That every Tenant after he hath paid the Lord his Fine may enjoy his Lands and Tenements granted by Copy during their Estates Terms or Interests without interruption or expulsion of the Lord for the time being they performing their Services and doing nothing that may Forfeit Kelloway 76 77. Ann Tropnel's Case Vide supra When the Copy-holder claims any thing by Prescription in the Soil of another in Pleading he ought to prescribe in the name of the Lord but if he claim any thing in the Soil of the Lord When it must be pleaded by way of Custom and when by way of Prescription within the Manor then he shall plead the Custom of the Manor for there he cannot plead in the name of the Lord in as much as the Lord cannot prescribe in his own Soil Foyston's Case and 4 Rep. 31. Cooper's Case 6 Rep. 60. Gateward's Case Rule There is nothing more common than for the Lord to prescribe for his Tenants by Copy in another mans Land whereas if it be in his own it shall ever be laid per Custom Hob. p. 28 61. Of Pleading a Custom for Common by Prescription Defendant pleads in Trespass That there are divers Freehold Tenements time out of mind in the said Manor c. and that there were and are infra eand villan divers customary Tenements parcel of the said Manor grantable ad voluntatem Dom. by Copy That all the Tenants of the Free Tenements time out of mind Habuerunt usi fuerunt and all the Tenants of the customary Tenements per consuetudinem ejusdem manerij in eodem manerio a toto tempore supra dict usitat approbat habuerunt habere consueverunt solam separalem pasturam c. for all their Cattel Hogs Sheep and Steers excepted Levant and Couchant upon their respective Messuages and Tenements every year for all times of the year except c. as belonging and appertaining to their several Tenements and that at the time of the Trespass the Defendant put in his own Cattel Levant and Couchant upon this said Messuage prout ei bene licuit c. Exceptions to this Pleading were 1. That he was seised de Antiquo Messuagio and of no Land is not proper for in common intention Cattel cannot be said to be Levant upon a Messuage only 2. He saith he put in his own Levant and Couchant but avers not as he ought That none of them were Porci Oves or Steers 3. The Plea doth not set forth the Custom of the Manor but implicitely That the Freehold and customary Tenants have had and enjoyed Per Consuetudinem Manerij solam separalem Pasturam for all their Cattel which is a double Plea both of the Custom of the Manor and of the claim by reason of the Custom which ought to be several and the Court shall judge and not the Jury whether the claim be according to the Custom alledged the Custom may be different from the Claim Per Consuetudinem Manerij if particularly alledged Vaughan's Rep. 253. North and Cole In Replevin Defendant makes Conuzance as Bayliff to c. Damage Fesant In bar of this Cognizance the Plaintiff pleads That H. Earl of H. was seized of the Manor of A. whereof one Messuage c. is parcel and demisable by Copy and that within the said Manor there is this Custom That every customary Tenant of the said Messuage c. have used to have Pasture c. in the said place called Land-Mead The Form how to apply the Custom of a Manor to a particular Messuage in pleading and so derives his Title by Grant by Copy the Issue was upon the Traverse Absque hoc quod infra manerium praed talis habetur consuetudo quod quilibet tenens custumarius c. have used to have Common c. prout c. Here is no Custom alledged because it did not appear in Pleading That the place where the taking was supposed to be was within the said Manor and no Custom of the Manor can extend out of the Manor but he ought to prescribe in the Manor Note he ought to have pleaded That the place in which c. was parcel of the Manor and then the Plea had been good Hob. p. 286. 1 Brownl 172. Roberts and Young Plaintiff in Replevin rejoyns by Custom of all the Copyholders of Blackacre in the Manor of D. used to have Common in A. to which the Avowant demurred because he should have prescribed in the Lords name A. being out of the Manor but the truth being that A. was anciently parcel and lately severed by the Lord this destroys not the Common Per Cur. But the Copy-holder ought to prescribe specially That Talis consuetudo suit till such a day Special Prescription