to have and to hold c. whose estate hee had and by another Tenant rendring the yearely Rents Customes and Services and also hee produced certaine Witnesses who proved the Land to bee Coppie by the space of 69. yeares The plaintiffe to destroy the Title of that evidence shewed certaine Rentals that they were Free Lands c. 9. et 10. Henry 7. and not Coppy and also another Rentall to that intent in 12. Henry 6. which prooved that those Lands were leassee for twenty yeares Per Cur. this evidence doth not disproove the Coppy-hold for it was not within the time of memory but if hee had shewed the Indenture of Leasse made within 50. yeares or 80. yeares so that a man might remember it then it had beene good although the Statute of limitation extends not unto it by the Justices such evidence as prooves it to be within time of memory is good Also by them if those Lands bee in the hands of the Lord by forfeiture Escheat or Surrender yet the Custome remaineth for he may demise them againe and the Custome shall bee revived but by some men if by Escheat it bee in the Lords hands the Custome is extinct 8. et 9. Eliz. Ibidem Addington Lord of Harlow in Essex would encrease the Fines of his Coppy-hold Tenants which were prooved to bee certaine And it was holden that hee could not increase them and it shall be a good prescription to say alwaies ready to pay such a summe and no more 18. 19. Eliz. 4. Eliz. It was mooved by Manwood Sergeant if a Coppy-holder in Fee in right of his Wife doe Surrender the wife being not examined by the Steward but by some of the Tenants the Custome permitting it the Husband dyes Whether the Wife shall sue by plaint in Nature of a Cui in vita or may enter And by him shee may enter because it is no discontinuance for that it is a surrender to the Lord who hath the reversion for if a Tenant in Tayle enfeoffe him in the reversion it is no discontinuance but if she had been examined she should have bin barred for ever And Dier if a Coppy-holder in Tayle surrender to the Lord to the use of a stranger the Issue may bring a plaint in Nature of a Formdone in discender and purge the discontinuance for it is within the statute De donis Conditionalibus Lit Fo. 16. Com 233. 15 Hen. 8 Br. tit Tenant per Copie 24. And by Manwood no negative prescription may prevaile against a statute And the Common Law is no other but an ancient usage throughout all the Realme and a prime Custome may encounter with it but not with a statute And by Dier if after the Surrender the Lord admit the Wife againe yet shee shall be in by her Husband in construction of the Law Coppy-hold of inheritance discends unto two sisters by two venters none of them making entry and before the Court and admission one of them dyes her heire shall have the moyty and not the other sister by Dier chiefe Justice in the Chancery Also if a Coppy-holder in Taile Surrender to another in Fee who is admitted this is a discontinuance and so the Husband of his Wifes Coppy-hold And hâ— said that a remitter shall be of a Copy-hold as it shal be of a Freehold and inheritance at the common Law 13. et 14. Eliz. In the Duchâ—â— it was in question whether a Coppy-hold may be entayled or not And by Wray chiefe Justice and Manwood chiefe Baron the Tayle was not Fee simple at the Common Law if it did not appeare by the Custome and that may bee prooved by the Court Roles or by some other proofe that there is a recovery by plaint of Formedon or the Lands had descended according to Land in Tayle as possessio fratris shall not be of it or that that the Daughter shall not inherit before the sonne which is unckle to the same Egerton was of counsell with this case which was betweene Sherington and an other 22. Eliz. Hanchet and Rosse concerning land of Dicot in Stepping Hackney a Coppy-holder of inheritance dies the Lord grants the wardship of the Land during the minority of the heire to the Wife being sole shee takes a Husband and dyes It was demanded whether the Husband should have it or not And it seemed not but if it had beene a thing in which he had intrest to his owne use that he should have it as a Lease for yeares the executor shall have it without admittance of the Lord so the Husband shall have a Lease for yeares made to his Wife without admission By all the Justices 17. Eliz. If a Coppy-holder in Fee take an estate in Tayle by Charter-hold or take a Lease for yeares by Indenture his Coppy-hold is confounded 7. et 8. Eliz. by Harpour and others a Lessee for yeares of a Mannour may make Coppyes if the Custome be so to a man and his heires secundum consuetudinem c. for if the Coppy-holder in Fee dye his heire is in by descent and ought to be admitted or els he shall compell the Lord to admit him for for it is of necessity But Coppies for life or yeeres it is otherwise for by the death of the Tenant there is not any that can compell the Lord to make him a new Copy if he will not but hee may retaine the Land in his owne hands and therefore the grants of such Coppyes as are expired made by a lessee for yeares are void 26. ELIZ. FIrst Land Demiseable by Coppy in the time of Richard the second is perfect Coppy-hold so if it bee demised by Coppy 15. or 16 yeares Secondly If the Lord purchase the Coppihold of his Tenant money this is clearly a surrender and an extinguishment of the Coppy and it is not demiseable by Coppy after But if the Lord enter for forfeiture without presentment found that is demiseable by Coppy againe Thirdly If the Lord bring Trespas against a Coppy-holder who pleads that it is Free hold this is a Forfeiture and the Lord may enter Fourthly the Lord cannot seise because his Coppy-holder was sworne to give evidence against him for this is no forfeiture Fiftly if a Coppy-holder disseise his Lord of other Land that is not a forfeiture of the Coppy-hold Sixtly if a Coppy-holder dye without heire and the Lord enter by escheat this is demiseable by Coppy againe but if the Lord afterwards doe make a feoffment or suffer a recovery and after doe repurchase it it is not demiseable but if the Lord reverse the Judgement upon recovery by error attaint or deceit and hath restitution then it is demiseable by Coppy againe A disseisin doth not extinguish the Custome nor acts done by the disseisor Seventhly if a Coppy-holder suffer a recovery by prescript at common Law by collusion or make a Feofment or bargaine and sale and the Lord enters and makes a lease for yeares thereof the Land is not demiseable by Coppy againe Eighthly
divided Chapter thereof differing from his Tenement in Villenage shewing there the Suites and Plaints of Coppy-holders saying that they haue an Estate of Inheritance according to the Custome And delivereth his owne opinion that if a Coppy-holder doing his Services bee compelled by the Lord he shall haue an Action of Transgression And sayth that Danby and Brian 21. Ed. 4. were of the same Minde according to which is Bracton and the sayd Presidents of Hen. 3. and the Writ vsed in Tempore R. 2. besides many other reasons at the Common-Law c. prooving that by use and circumstance things may alter and change their originall nature As for example the service of Socage Tenure was at the beginning as Mr. Littleton sayth to Till the Lords Land c. And yet now by consent of the Lord and by continuance of time are turned into money and other Services in lieu thereof Even so may be sayd of Coppy-holds as long as the Tenants themselves be free though their Tenure were at beginning never so bound and base yet by course of time they may gayne more liberty and freedome and grow to more estimation and account An other reason and Rule there is at the Common-Law to this intent that some things there were which in the beginning were but voluntary and yet in the end by continuance became Compulsary as appeareth 27 Ass praescript Bract. That a man that did at the first of his owne meere benevolence repayre a high way or a Bridge by often using was afterwards compelled volens nolens Even so it may be sayd of the Coppy-holders who at the first held but at the free will of the Lord yet now by usage and continuall granting time out of minde they haue gotten an estate after the Custome that doing their Services and behaving themselues well they cannot by Law or Reason be put from them Thus much for the allowance of Coppy-holders by the Common-Law now let us consider the Reputation of them by the Statutes and Parliament Law It appeareth by the Statute of 1. Rich. 3. 4. 19. Hen. 7. 23. That a Coppy-holder that may dispend twenty sixe shillings eight pence by the yeare shall be Empanelled on a Iury as hee that may dispend twenty shillings by the yeare of Free Lands And by the Statute of the 2. Ed. 6. cap. 8. the Interest of Coppy-holders are Reserved being found by Office after the Death of the Kings Tenants as well as other Estates at the Common-Law and so doth the Statute of Monasteries 31. Hen. 8. cap. 13. 1. Edw. 6. cap. 14. preserue Coppy-holds from dissolving And it will seeme that Coppy-holders are for the Common-wealth and therefore to bee maintayned for that some haue beene erected and established by Parliament which were not de visible by Coppy before as appeareth by the Statutes 32 Hen. 8. 2. 2. Ed. 32. What shall be sayd a Mannour and a Mannour as will mayntaine a Coppy-hold A Mannour consisteth in two parts viz. Demeasnes and Services and neyther of these two parts hath the name of a Mannour without the other for as a Messuage or Lands cannot be called Demeasnes without Tenements thereunto belonging to pay Rents and do Services but doth still beare the name of Messuage or Lands So on the other part though a Man have Tenements to pay him Rents and doe him Services and no Messuage or Lands whereupon to keepe his Court and to receiue his Rents and Services this cannot be called a Mannour but onely a Signiory in grosse Fitz. na brev s 3. 8. Demeanes are so called for that the Lord himselfe occupieth and manureth them In son maine Demeasne But all Lands that have been in the Lords owne hands bee not called Demeanes for all Free-holds and Coppy-holds were in his owne hands at the beginning But Demeanes is that which is now and time our of Minde have beene in the Lords hands or occupation of his Bay liffe or Servants And that also which auncient Coppy-hold may be to some purpose called Demeasnes because in every Surrender in Manus Domini and every grant extra manus Domini the Lord hath a medling with it and may thereupon keepe his Court and for the most part cut downe Timber and such like And that it is also called Demeasnes which now is in the Lords hands by any new Escheate or Forfeiture And also the Lands which are in the hands of the Coppy-holders is such a Demeasne as with other Services will make a Mannour though the Lord hath none other demeanes there in his owne hands nor in the hands of his Bayliffe or servants Services as with a Demeasne shal make a Mannour to maintaine Coppy-holds is where a man holdeth Lands or Tenements freely to suite to the Court of the Lord of the Mannour within the sayd Fee But yet euery kind of Service will not make a Mannour for Services are of two kinds viz. That is by Tenure and by covenant Service by Tenure is also of two sorts as if a man at this day giveth his Land in tayle or leaseth it for Life or Yeares saving the Reversion here is a Service of Fealty incident to this Tenure betweene the Doner or the Lessor and the Donee or the Lessee And yet though this be a Service by Tenure yet is it no such Service as will make a Mannour For if a man at this Day be seised of twenty Acres of Land and Enfeffeth nineteene severall persons of nineteene of these Acres saving the twentieth to himselfe and reserveth of every of his Fcofees suite of the Court and other Services to be done to this Court to be held on the twentieth Acre though the Feofments be by Deed indented or in tayle or of Lives yet all is voyde and avayleth not to make a Mannour But it maketh onely a Tenure in grosse for a Tenure may by divers meanes be created at this Day but a Mannour by no way by a Common person Plow Com. 2. 693. A Mannour must be by Prescription and the Services by Continuance time out of minde But although a man at this Day cannot make a Mannour yet hee may in some sort enlarge a Mannour by adding more Services unto it 9. Ass A man seised of a Mannour did give parcell of the same to hold of him by Suite to his Mill within the same Mannour for this Service the Lord may distrayne and it is their held to be accounted parcell of the Mannour In like manner a man may by reserving upon a gift Intayle or Lease for Life Services ingrosse increase the Services of an ancient Mannour Signior grant le Demeasnes Services del son Mannour de Norkelsey c. extend en auter Towne per le melior opinion des Iustices de Common Banck le grantee c. keepe a Court there and so a Mannour to be created at this Day What shall be sayd a Mannour or a Tenure in his proper nature or Common-Law and what in respect of Usage or
Common of estovers in another Mannour notwithstanding that the other Tenants have not such a Custome and it was good by the advice of all the Justices WHERE THE TENANT may cut downe trees destroy houses by Custome and such like Customes c. FOurth Ed 6. Justice Dalisons Reports Sanders and divers Justices Tenant by Coppy of Court Role may prescribe to have Wood growing upon the Land Montague there is such a custome and so used in the Counties of Mid. Northland and other places Browne it hath beene heere agreed of late that Tenant by the Custome may prescribe to suffer their houses to fall and to destroy their houses so also here wherby this is a good Custome Montague I have heard a Fable that a Tenant by the Custome may digge in the one part of his house and burne the other part by the Custome But if you will agree that the Tenant by Custome shall have the Land against the Lords Will to him and his heires by the Custome why then may they not by the Custome cut downe Wood Sanders I agree to none of your cases Montague surely in the Chancery it will bee over-ruled against you without doubt and it is necessary that an Act of Parliament bee made upon it WHERE AND HOW Tenant by Coppy may make a Ioynture to his wife of the same Land A Stranger brings a writ of right against the husband and wife in the same Court where the Land is by plea and the husband and wife doe appeare and the demandant doth Count against them and the husband and wife doe defend and say that they have more right then the demander and offer to try it by Battell and the demander and Tenants doe Imparle at which day the demander appeares and the husband and wife make default whereby finall judgement is given against them and at the same Court the Recoverer Surrenders the same Land into the Lords hands to the use of the Husband and Wife and the heiros of their two bobodyes begotten and it was said that this assurance hath beene vsed 1. Ed. 6. Dalisons reports Pell et Hikden Trin. 36. Eliz. Rot 547. on the Kings bench Tenant in Tayle the remainder in Fee Tenant in Tayle Surrenders to the use of I. S. in Fee I. S. suffers a Recovery and vouches the Tenant in Tayle who vouches the common vouchee and by speciall Verdict it was found that there was never any recovery before in that manner and it is not yet adjudged Gawâ—y and Clinch that the recovery can not be a Barre for warranty can not be anexed to an estate at will also he shall not recover in value because of the estate at will Fenner and Popham chiefe Justice to the contrary and that warranty may be annexed to Coppy-hold Land though it bee an estate at will of the Lord but as it is an estate in Fee performing the services and duties the Law will account them Tenants in Fee Also recovery in value being but a fiction in Law le common vouchee shall bee accounted to have the Land in value of the Coppy-hold within the Mannour and the Vouchee 23. Hen. 8. Br. Recovery in value 27. that such a Recovery is used in ancient demeasne upon a writ of right and Voucher over and that of a Free-hold there yet enquire of such a Recovery upon a plaint there of Land of Base Tenure for that cannot bee warranted c. But in the Common Bench in trespasse brought by Comb against Pears and Turner Mich. 36. et 37. Eliz. Rot. 14. Bromeley Brittain Hall in Essex Tenant in Tayle of a Coppy-hold suffers a recovery with Voucher where no recovery was before the lesser enter by the Court that cannot be but he shall have a Formdone in discender for the recovery in Court Baron cannot availe because a warranty cannot bee anexed to an estate which is at the will of the Lord. Also there can bee no Recovery in value first because there can be no recovery in value of Lands out of the Mannour and the Coppy-land is at the Lords wil Secondly Coppy-hold Land is granted by Coppy only and if by the Recovery the Tenant may have it the course and Custome of the seignory would be destroyed which shall not bee Thirdly the Lord shall loose his fine and Fealty also for the Coppy is admissus est tenens c. et Dat. Duo de fine pro tali ingressu c. et fecit fidelitatem Fourthly et Fiftly Ph. et Mar. A Coppy-holder Surrenders to the use of his wife for Life the remainder to the right heires of the husband and Wife the Wife dyes the Husband survives The question is who shall hold the Land and it was said that if the Husband had no Issue by that Wife then his Heire shall have it CERTAINE COPPY-HOLD cases reported in a cer taine BOOKE BUt it was said there that if the Wife had Issue by another Hâ—sband it was there doubted But it was holden by the better opinion in Dier that the Husband and his heires shall have the Land yet if the Husband had first two sonnes the heires of the Husband and the heires of the Wife shall have the Land in Common after the decease of the Wife and for proofe thereof hee puts this case If land bee given for Life the remaynder to two men and their heires they cannot have one heire in the case if the Tenant for Life dye before them in remainder they shall bee Jâ—â—â—etennants and the Heire of the surviver shall have all But if none in remainder bee in life when the Tenant for life dyes then the heires of them in the remainder shall hold in common Thirty seventh Henry the eighth A Coppy-holder to the intent to make an assurance to his Wife suffers another to bring a Writ of right in the Coppy Court and they joyne the Battell and at the day the Husband and Wife make default and finall judgement was given and after the recoverer Surrenders the same Land into the Lords hands to the use of the Husband and Wife and their heires and a good assurance pur Cur. A Coppy-holder makes a Lease at Will to another who commits Waste which is a cause of Forfeiture the Lessor brings an Action upon the case against the Lessee By Walsh Weston and Dier the Lord may enter and have Trespasse against the Lessors his Tenant and therefore it is reason that hee shall bee recompenced But the Lord shall have a speciall Writ of Travers and not vi and armis because the entry was lawfull 8. et 9. Eliz. ibid. The Lord Dacres enters upon his Coppy-holder and leaseth it to a stranger for yeares the Lessee enters and was ejected by the Coppy-holder and hee brings a Writ of Electione firme The Coppy-holder pleads that the Lands are demiseable per Custome and so they were at issue and hee shewed in evidence a Coppy made 13. Henry the eighth by which a Tenant had surrendred the Lands
certain beginning and of certaine ending and is not directed by mans memory wherein is ment limitation of time and not limitation of estates If Lands have been demised by Coppy by the space of 60. yeares and yet there be some alive that remembreth the same occupied by Indenture this is not a good Coppy-hold And if Lands have beene demised by Coppy but 40 yeares and there is none alive that can remember the same to bee otherwise demised This is a good Coppy-hold for the number of yeares makes not the matter but the memory of man And it is not 60. 80. or 100 yeares that maketh a Coppyhold or a custome though it makes a limitation But such certaine number of yeares makes onely a likely-hood or presumption of a prescription that is that it commonly happeneth not that any mans memory alive can remember alone such a number of yeares But if any chance to be alive that remembreth the contrary then such prescription must give place to such proofe Custome hath certaine speciall vertues in it selfe which for the more estimation thereof I will shortly shew according to certaine precepts and principals allowed by al Lawes both by the Law of God the Law of of Nature and the Law of Nations and by the private Law of every Countrey as by the Law of GOD it is said Si quis videtur contentiosus esse nos eiusmode Consuetudinē non habemus nec ecclesia Dei which proveth that the Scripture and the Church of God do atribute some what to good customes though not to evill And by the Law of Nature Consuetudo est altera natura And by the Law of Nations Consuetudo est optima legum interpres And by the Lawes of this Realme Princes at their Coronation are sworne as well to keepe the custome of this Land as the Lawes of this Land which Law doth attribute so much to custome that sometimes it is admitted to derogate from the Custome Law for Consuetudo bona de clausausitata et approbata privat Communem Legem WHEREOF CVSTOME doth Consist CUstome although it doth chiefly consist of continuance of time and usage yet it doth further require seven other necessary properties accident for the maintenance of a good Custome Which are these FIrst it must be reasonable as it appeareth 2. Ed. 4. 24. SEcondly it must be certaine as appeareth 3. Ed. 3. 13. Ed. 3. 4. Dum fuit infra aetatem 3. 14. Ed. 3. 4. 14. H. 4. THirdly it must bee according to Common right 42. Ed. 3. 4. FOurthly it must bee on good consideration 5. Hen. 7. 9. 42. Ed. 3. FIftly it must bee compulsary 42. Ed. 3. Avow 66. SIxtly it must be without prejudice to the King 3. Hen. 6. Custome Fits Hen. 2. 22. Ed. 3. Prescription 40. SEventhly it must bee to his profit that claimeth the same 31. Ed. 3. Prescription 40. et 28. Usage is the efficient cause both of Custome and Prescription for without usage there can bee neither Custome or Prescription for even as the minde is to man so is usage to Custome And as you see there bee divers varietyes of mindes in men so are there many varieties of Customes as you see varieties of Countries and yet all men perfect and all Customes perfect some say that have their mindes affected according to the Constitution of their bodies And so have Countries their Customes according to the Constitution of the place as in Kent and in North Wales because those Countries have beene most subject to forraigne invasions that euery man there may bee of power for resistance The inheritance for the most part descend in gavell kind viz. to every brother alike and in other middle parts of the Realme for whom government Least equalty is best The inheritance wholy descendeth to the eldest brother And in Borough English which is in divers Boroughs because their substance commonly is Lands and in such Townes Lands may bee the better preserved then goods therefore their youngest sonnes shal onely have their Lands and as it is in those great parts of the Realme so it is in divers private parts and Mannours and divers private and special customes As some Mannours have Coppy-hold of inheritance some for life or liues in some Manour the Copy-holders surender in one manner and in some in an other sort In some the Fine is Arbitrable And in some Certaine et sic in similibus The usage of every Custome doth not rest to be yearely daily or continually used but as the equality and the nature of the thing whereof the Custome is doth require as Custome Harryots when they fall of Shacts and Foldage in their season of Common Estovers in their time and for Coppy-holders whose Fines are certaine yet at one time to pay a greater Fine then at an other and all these are good Customes though they cannot bee used at all times for Customes may bee sometimes used sometimes not used sometimes altered and sometimes not and therefore in Custome you may see there is user non user Abuser and interuser User is when according to time and occasion a Custome is used Non user is when for want of time and occasionor through negligence or forgetfulnesse a Custome is not used Abuser is that which user doth nourish a Custome and non abuser tolerate a Custome so doth abuser destroy a Custome and yet in some cases a Custome may bee sometimes used in one sort and sometimes in an other And yet a good Custome if there bee good considerations of the exchanging thereof all times and this I call enteruser If there be a Coppy-hold of an Ancient demeasne and this Land is forfeited to the Lord by waste and thereupon a seisure awarded thereof and yet the Lord doth suffer the Tennant still to occupy it by the space of 20. yeares without receiving any rent for the same and after grants the said Land to the Tennant by Coppy This grant is good and a good User of the Coppy hold But if after the said seasure awarded an Estranger had entred and Disseised him of his Land and made a Feofment in Fee thereof And after the Lord re-entreth and grants the same againe by Coppy unto the first Tenant this grant is not good by reason of the User of this Land If the Lord have used at the admission of his Coppy-hold Tenants sometime to take for a Fine two-pence or sometimes fourepence for an Acre somtimes twelve pence an Acre this User is so uncertaine that it maketh the Fine arbitrable at the Lords will If the Lord of a Mannour have used time out of minde to admit his Coppy-hold Tenants without Fine this usage shall binde the Lord as well as a Fine certaine If the Lord have used to have certaine work-dayes of his Tenants and that hath not been used by the space of twenty yeares last past yet that Non-user is no discharge to the Tenants so that there be any in life that can remember the
taken contra to Master Brooke in nov â—se 426. But though a gift in Taile of a Coppy-holder be not conteined in the same Statute of William the Second Yet I thinke in such Mannour were time out of minde they have used to make gifts in Taile of Coppy-hold Lands there such gifts bee good at this day and they may make protestation in the nature of Avy writ as apeareth by Littleton WHAT SHALL BE SAID a good Surrender AS in the conveing of Free Lands there is required some ceremony and publick notice so is there in the assuring of Coppy-holds necessary some publicke Fact to bee done therein which is the Surrender In which ceremonie there is contained two effects the one what is surrenered and to whose use the other that it be done with the Lords good will and for that cause it is surrendered into his hands And although of the meanes a Mannour of this surrender there bee divers kinds as within some Mannors to Surrender by the hand of another Coppy-holder and in some other to surrender into the Stewards hands in some to the Bayliffes hands and some by giving a yard to the Steward in some by giving his hand or his glove which bee outward signes of his intent Yet in all these kindes the words of Surrender must not bee divers but one or to one effect and must bee either words of Surrender expressed or words of Surrender implyed and therefore if a Coppy-holder will bargaine and sell his Land to I. S. and this is found by the Homage and I. S. praieth to bee admittted Tenant yet the heire of the Coppy-holder shall avoide the Admission because of the insufficency of the Surrender taking by the words of Bargaine and Sale and not by words of Surrender opi Sur. Dier 8. Eliz. Lou ill dit relees ne vault avrer Come unsurrender If a Coppy-holder commeth into the Court and desireth his Lord to admit his sonne to bee Tenant in his fathers place this seemeth a good Surrender to the use of the sonne If a Coppy-holder will in the presence of other Coppy-holders of the same Mannour say that hee is content to Surrender his Coppy-hold Lands to the use of I. S. this is no good Surrender But if hee saith hee doth surrender into the hands of the Lord to the use of I. S. if the Lord will thereunto agree this is a good Surrender whether the Lord will or not If the Tenant will Resigne his Interest in the Court into the Lords hands therewithall for the Lord to doe his will this is a good Surrender if it be accepted If a Coppy-holder will say he will bee no longer the Lords Tenant though these words bee recorded yet this is no good Surrender If a Coppy-holper for life take a new Estate for life by Coppy this is a surrender of his first estate But if a Coppy-holder for life will take a Lease of the same by Indenture for life this is not a good Surrender of the Coppy-hold Quaere If a Coppy-holder commeth to the Lord and telleth him that for the preferment of his Sonne in marriage with such a mans daughter his will is to give his Land presently to his Sonne and desireth the Lord that he would be contented therewith this is no good Surrender But if he had said these words in the Lords Court and the same recorded or found by Homage as a Surrender and so presented then this had beene a good Surrender without any other words of Surrender THAT A COPPY-HOLDER must bee admitted Tenant and what shall bee said a good Admittance of a COPPY-HOLDER IF a Coppy-hold descend unto a married woman and her Husband take the profits thereof and suffer a Court day to passe without admittance of his Wife and then the Wife dyes the Husband shall not be Tenant by the curtesie but in the 12. Eliz. Dyer 291. 292. it seemeth that the contrary should be the better opinion An entry before admittance is no forfeiture without an especiall custome pleaded but the heire may make a forfeiture for non payment of the Rent as the Custome was there pleaded before admittance If a Coppy-hold be Surrendred unto the use of a stranger upon condition and the condition be broken the party that made the Surrender may reenter and bee a Coppy-holder to all Intents without any new admission for he did depart with the Land but upon a condition Also if a Surrender of a Coppy-hold bee made to the use of a stranger for Life and the Lord makes a grant thereof to the same stranger in Fee this shall not binde the heire of the Tenant but that hee may enter after the death of the grantee for hee tooke the Land by the Surrender and not by the grant made by the Lord for the Lord is but an instrument for the conveyance of the Land for if I make a Surrender unto the Lord ea Intentione that hee shall grant over unto such a man if the Lord will not grant the same I may then reenter but the stranger hath no meanes to enforce the Lord to grant the same over unto him but hee may maintaine Trespas against the the Lord if hee doth suffer mee to reenter and this is the opinion at this day The Lord of a Mannour hath that prerogative in his Coppy-holders that no stranger can bee his Tenant thereof without his speciall assent and admission and for that cause a Coppy-holder shall not bee lyable to any executions of Statutes or recognizances neither shall be Cassets in debt or Formidon neither are conteyned in any the Statutes afore named for if it were then should the Lord be forced to have a Coppy-holder whether hee would or no which is against the nature of a Coppyhold And therefore a stranger can never enter though a Surrender made to his use bee accepted except hee bee admitted Tenant but otherwise of the heire for hee may eater and take the profits before the Admittance after the death of his father Admittance may be three manner of waies an expresse admission by the words entred into the Court Role viz. unde admissus est Tenens or by acceptance or implication as if the Lordwill accept the rent by the hands of a stranger third by admitting one Copy-holder in some cases the Lord shall admit another by implication to some purposes and to these three may bee added a fourth which is by the entry of the Sonne after the death of his Father and the Tenant in Dower after the death of her Husband which is Lawfull without admission till the next Court and then they must pray to bee admitted c. If a Coppy-holder doe surrender his Land to the use of I. S. and the Lord doth grant the same to I. S. accordingly and thereupon hee enters yet hee is no good Coppy-holder till hee bee admitted But if I. S. appeareth at the Lords Court and passeth on the Lords homage or the Lord accepts his Rent or his Fine
if a Coppy-holder surrender his Land to the intent that a stranger shall have the Rent out of it by Coppy it is no good Coppy-hold Rent Ninthly if there bee two joyn-tenants in Common of a Mannour and a Coppy-holder surrenders to the use of one this is not Coppy-hold Land Tenthly if the Husband and Wife bee joynt-coppy-holders of the purchase of the husband during Coverture and the Husband is attainted of Felony and dyeth this is not a Forfeiture of any part of the Coppy-hold but if the purchase was made before the coverture then it is a Forfeiture of the moyty Eleventh If two Coppy-holders exchange by licence and after the part of the one is recovered by an elder title he may enter in the Land which the other hath in exchange Twelvth If two Coperceners Coppy-holders make partition and the one is impleaded and doth loose by just title and the recoverer enters into the Land shee cannot enter upon her sister because she did not pray in aide for the rate A feme Covert Joynt Coppy-holder with another in Fee may surrender her moyty to the use of her Husband and it is good Thirteenth the Kings Steward without ny patent of his Office seiseth divers Coppy-holds and afterwards the Lord Treasurer and those of the Exchequer doe lease the same Land for yeares and thereupon it was moved whether Coppies made by the Steward without patent were good and the Lord Dier thought they were good Copyes but in the Exchequer the Barons were of another opinion Fourteenth a man seised of a Mannour to which Coppy-holders for yeares and others are belonging hee deviseth by testament the same Mannour to a ceraine person for payment of his debts during which time divers Coppyes expire and the devisees grant new Coppyes and afterwards during the terme the devisees grant in reversion and a particular Tenant surrenders in Court to the use of the grantee and after the wife of the devisor recovers in Dower part of the Mannour and hath execution of those Coppy-holds assigned by the Sheriffe for her Dower And it was mooved whether the Wife shall avoid those Coppyes made by the devisees And Browne Justice was of opinion that no to which Weston agreed for they said that those are ordinary things and which must bee done of necessity by force of the Custome and not any deede or new charge created by the devisees who are but officers to execute the Custome which of necessity must bee done for they cannot bee made by any others who have the possession of the Mannour for it hath beene adjudged that such Coppyes and ordinary things as presentment to a Church made by a disseisor or by a Lessee for Life or Yeares shall stand good and shall not bee avoided by reason of the necessity but other charges created by the Heire after the death of the Huband as a Lease for yeares Rent charge in which there is no such necssity the Tenant in dowre shall discharge them and although the Wife shall bee adjudged in by her husband yet shee shall not have those things which chance before assignment of her dower If a wardship fall or an avoidance of a Church or a villaine regardant hath purchased and the heire enters or presents these things the heire shall have and not the Tenant in Dowre and it may be that the wife will never sue for her dower or peradventure she shall have other Mannours assigned her for the same And as to the reason that it is not a thing of necessity to grant Coppies in reversion yet they were of opinion that because the Custome doth allow it it is Custome ley and therefore it may bee put in execution for the Custome is annexed unto the Land and not unto the interest of the Lord. But Wray said that of estates that are to Coppyholders and their heires according to the Custome of the Mannour if such a Coppy-holder dye without heire the Custome is determined If such a Lessor for life or yeares of the same Mannour grant new Coppyes they are not good and so there is a diversity A man cannot devise that his friends shall make Coppyes or hold Courts for none shall make Coppye but he that is Lord of the Mannour and hath an interest The Lord of the Mannour shall have the government of the Coppy-hold during the infancy of his Tenant Executors shall have a Lease for yeares of Coppy-hold Land without any new admittance The Husband of a Wife that is Coppy-holder for yeares shall not bee newly admitted after the death of the Wife nor bee tenant by the courtesie Where inheritance of a Coppy-hold descends the heire may enter without admittance but it was a doubt whether he should have an action of Traverse against a stranger before admittance for before admittance he is not properly Tenant if such an heire will not come to the next Court the Lord may make proces against him A Coppy-holder shall have Traverse against his Lord paying his Services and customes If erronious judgement be given against a Coppy-holder in the Lords Court the Lord in his Court may reverse it for it is not amendable in any other place or Court If the Lesse of a Coppy-hold commit waste and the Lord seiseth for forfeiture the Coppy-holder shall not have an action of waste against his Lessee as if Tenant for life make a Lease for yeares which Lessee maketh waste and the Lessor recovers the Tenant for Life shall not have an action of the Case but is without remedy for it was his folly that hee would not have a Collatterall covenant of the Lessee that he should doe no waste A Coppy-hold is not forfeit for heresie by the last of 2. Hen. 5. A Coppy-holder is not Ter-tenant but is Tenant at the Lords will and a Coppi-hold is not bound by the statute of Wills nor of Tines nor of Limitations A Coppy-hold shall not be extended by a statute Marchant or Staple The Husband and Wife being seised of a Mannour to them and the heires of the Husband hee grants a Rent charge out of it and dyes the Coppy-holder surrenders the Wife makes another Coppie and dyes the grantee shall distraine upon the Coppy-hold If the Lord of a Mannour hath a great waste and grants a rent charge out of the same and the Coppy-holders have Common in the waste and they put in their Cattell the grantee shall distraine them if they cannot make prescription If a Coppy-holder surrender to the use of another and the Lord will not admit him nor make a grant unto him the surrender is void If there be two Joynt Coppy-holders and the one commits a forfeiture he shall forfeit but the Moyty Lessee for yeares ofa Coppy-hold shall have an eiectione firme by Plowden and others If there be a Lease for yeares of a Mannour and one Coppy-holder purchase the reversion in fee this is a destruction of the Coppy-hold and the Lessee of the Mannour may put him out and occupy
during his terme 8. Eliz. adjudged A Coppy-holder purchaseth the Mannour to him and another in fee the companion may occupy the Coppy-hold joyntlyp resently 14. Eliz. Nota it was agreed in the common Bench. 21. Eliz. that the Bay liffe of a hundred or of a base Court may take goods upon levari facias to give execution to the plaintife as well as the Sheriffe yet they agreed that divers Bookes are against it 4. Hen. 6. 22. Two Joint Copy-holders in Fee make a partition that is good and no forfeiture nor alienation 12. Eliz. agreed in duchie chamber If a Coppy-holder surrender and then the Lord doth acknowledge a statute marchant and after the Lord grants it by Coppy the Coppy-hold is liable for at the time of the knowledgment it was annexed to the free hold but if a Coppy-holder acknowledge a statute that is not liable If a man enter with force upon a Coppyholder he shall not have forceable entrey nor indictment but the Lord shall have it and upon restitution to the Lord the Coppy-holder shall enter The Lord grants to a Coppy-holder his trees growing or that shall be growing upon the Land he may fell trees now growing and no forfeiture by reason of the dispensation but he cannot cut the trees which shall grow in time to come If the disseisor of a Mannour make Coppyes for life and the disseisee enter he shall defeat them but of Coppy-holds in fee before disseisin and a new â—â—â—nt of them upon Surrender in time of disseisin it is otherwise per Plowden Popham in Case Ramsey vers Arthurs 29. Eliz. A Coppy-holder may prescribe to have common in the Lords Land If a Coppy-holder surrender to the use of another and the Lord grant it to cesty que use making no mention of the surrender yet it is good per Plowden in Batlands case If there be a Mannour consisting of demeasnes Free hold and Customary Tenements if the Lord grant certaine of the Coppy-holds in Fee the grantee may keepe Court and do homage and the Coppy-holders by their othes may make presentments of their Customes or of the death of any Tenant and the grantee may make in Court a new estate by Coppy as if it should bee a perfect Mannour mes the stile shall not be Curia Manerij but Curia halimoti id est Convocatio tenentium for when they are assembled they may enforme the Lord of their Customes and duties It was otherwise adjudged in the Com bench 29 Eliz. between Dodington and Chaffin for parcell of the Mannour of M. It was adjudged in the common Bench 29. Eliz. that where Sir Peter Carew bein solely seised of the Mannour of M. in the County of Devonshire for Life granted a Coppie in reversion according to the Custome of the Mannour and dyed before the praticular Coppy-holder this is a good Coppy in reversion against the Lord in whose hands soever the Signory should come FINIS Errata FOl. 4. line 8. for preferred reade preserved l. 14. for and read Ayde in the beginning of the l. for as read and. Fol. 6. l. 23. for compelied read expell d l. 24. for transgression re trespasse f 7. l. 17. for Bract re Brooke f 8 l 6. re shall be accounted as able to be l. 16. for Coppyholders re Coppyhold l. 19. for divisable re demisable l. 27. for Tenements re Tenants f. 9. l. 2. for Tenements re Tenants l. 23. leave our it f. 15. l. 19. for offer re affeere f. 17. l. 9. re a particular right f. 18. l. 9. for M. 1. re Westm 1 f. 20. l. 9. for eiusmodi re talem last li. for clausa re causa f. 21. l. 4. for accident re incident f. 23 l. 4. for commonly is lands re commonly is in lands l. 23. for custome Haryots re custome of Harryots l. 24. for of common Aestovers re common of Aestovers f. 25. l. 4. for deceased re disseised l. 13. for is uncertaine re is so uncertaine f. 28. l. 7. for both to discusse re both be to discusse f. 29. l. 3. for transgresse re trespasse in divers places l. 13. for or services re doing services l. 15. for prescribe re to prescribe Statutes and Parliament Lawes In the case of Mounson on Aston By the Report of Denham of LincolnsInne The division of Customes 1 2 3 4 5. 42. Henry 4. Avowry 66 14. Hen. 4. Behon â—om Little plaâ—â— 21. 2 et Yaxley 5. H. 7 19. B2 R. 3. 16 13. Hen. 7. 16. D. St. 47. 2. Ed. 4. 17. Infant Itin Covert Lunatte Nemy 13. Eliz. Dier 301 By Sâ—rgeant Walâ—â—â—â—ly 12. Eliz. 291 292. 30. Hen. 8 Dicr 42. 16. there In Trespas by Hagger against Felston Mis-fesans Non-fesans Fineable In Monsâ—â—r 〈…〉 in Court Baron may defeat an entayle B Regis 2. Coment 21. Adjudged in the Common Bench that a recovery cannot binde an entaile A Coppy-holder brings an action upon the case against lessee for wast and good The Lord cannot increase a fine which is certaine