entred in the name of the Daughters who disagreed to it It was Resolved That it was a Condition but not broken without demand of their Summs at their full ages and when they disagreed to the Entry the Entry of the youngest Brother was not lawfull A Copy-holder surrendred his Lands M. 13 Jac. B. R. Simpson and Sothern's Case Cro. 2. part into the hands of the Lord Habendum after his death to the Use of an Enfant en ventre sa Mier Resolved that a Surrender to an Enfant en ventre sa Mier was not good as an immediate Surrender for that it cannot begin at a day to come And whereas a Remainder was thereupon limited over it was holden to be void because it was to begin upon a Condition precedent Vid. the Condition which was never performed and therefore the Surrender into the hands of the Lord was void because he takes it but as an Instrument to convey it over SECT XVI Where Custome which warrants the Lord or his Copy-holder to grant greater Estates warrants the Grants of lesser Estates Proofs THE Custome of a Manor is That 36 Eliz. Co. 4. part Gravenor and Tedd's Case a Copy-hold-estate may be granted in Fee-simple In that Case it was adjudged That an Estate thereof granted to one and the Heirs of his body is good and within the Custome for Ubi licet quod est majus non debet quod est minus non licere The Custome of a Manor is That 39 Eliz. in B. R. Downs and Hopkins Case Copy-hold-estates may be granted for life or lives In such case a Grant is made to a Woman durante Viduitate suâ And it was adjudged good and within the Custome for that every Grant for life is durante Viduitate but every Grant durante Viduitate is not for life The Custome of a Manor out of mind H. 34 Eliz. B. R. Stanton and Barney's Case used was To grant certain Lands parcell of the said Manor in Fee-simple and never any Grant was made to any and the Heirs of his body for life or for years The Lord of the Manor did make a Grant by Copy to one for life the Remainder over to another and the Heirs of his body It was adjudged That the Grant and the Remainder over was good for the Lord having an Authority by Custome and an Interest withall might grant any lesser Estate but otherwise it is where one hath but a bare Authority In Trespass the Issue was if the Lord P. 29 Eliz. C. B. Kempe and Carter's Case Leon. 1. part 56. of the Manor granted the Lands per Copiam Rotulorum Curiae Manerii secundùm Consuetudinem Manerii praedict It was given in Evidence that the Lord of late at his Court granted the Lands per Copiam Curiae where it was never granted by Copy before In that case the Jury are bound to find quòd Dominus non concessit as it was holden by the Court. For although de facto Dominus concessit per Copiam Rotulorum Curiae yet non concessit secundùm Consuetudinem Manerii praedict But in that Case it was holden If Customary Lands had been grantable in Fee if the same Land escheat to the Lord and he grant the same to another for life it is a good Grant and warranted by the Custome for the Custome which enables him to grant in Fee shall enable him to grant for life If a Copy-hold-estate fall into the M. 15 16 Eliz. in Co. B. adjudge acc hands of the Lord by Escheat Forfeiture or the like and the Lord make a Lease thereof for years or life by Deed or without Deed or if he make a Feoffment of it upon Condition or if the Copy-hold so escheated c. be extended upon a Statute or a Recognizance or the same Land be assigned to the Wife of the Lord in Dower In all these cases the Land can never be granted again by Copy because after such Disposition thereof it was not demiseable But if the Interruptions were not lawfull but tortious as if the Lord be disseised or if the Land be recovered against the Lord by a false Verdict or by an erroneous Judgment yet after the Land is re-continued and the Interruption which was wrongfull removed the Land is grantable again by the Lord by Copy SECT XVII Who shall be said such a Lord of a Manor as may grant Copy-hold-estates and how long such Estates shall continue and what persons shall be capable of Copy-hold-estates what not and what may be granted by Copy EVery one who hath a lawfull Estate Coke 1. part Instit 58. or Interest in the Manor be it Fee Fee-tail Dower Tenantry by the curtesie of England Tenantry for life or years Guardian Tenant by Statute-Merchant or Elegit are sufficient Lords and persons to grant Copy-hold-estates to others And in some special case Estates in copy-hold-Copy-hold-lands may be granted by such a one who hath no Estate or Interest in the Manor Proofs A Guardian in Socage held a Copy-Court Tr. 1 Jac. B. R. Soapland and Ridler's Case Owen 115. in his own name and granted Copies in Reversion Adjudged he was Dominus pro tempore and had an Interest in the Lands for he might make a Lease thereof in his own name and therefore he might both grant Copies and also admit Copy-holders to Estates before granted But the Bailiff of a Manor hath no Interest in the Manor and therefore he cannot grant Copies of the Land holden of the Manor The Custome of a Manor was That P. 41 Eliz. B. R. Ga◠and Kay's Case Cro. 1. part Dominus pro tempore might make a Demise for 2 or 3 Lives in Possession or Reversion A Woman Tenant in Dower for life of the Manor granted a Copy-hold to J S and 2 others for their Lives Habendum post mortem of A B and died A B died It was holden by the Court in this Case That the Grant was good in Reversion although it was not executed in the life of the Tenant in Dower And Vide That the Lord of a Manor for life or any other particular Estate having Interest in the Manor might grant Copies in Reversion of Lands which are holden by Copy of Court-Roll although the Grants were not executed in the life of the Grantors as it was adjudged in Sir H. 14 Eliz. the Earl of Oxford's Case Moore 95. Peter Carew's Case Quere for Hil. 14 Eliz. in the Earl of Oxford's Case in Moore 95. it is not good unless it come in Possession during the life of the Grantor Note It was holden by the Justices P. 15 Car. C. B. Godb. 6. acc P. 15 Jac. in Co. B. That there ought to be a Custome to enable the Lord of the Manor to make a Grant of a Copy-hold in Reversion Generally Things which lie not in Tenure as Advowsons in grosse Commons in grosse or the like incorporate Inheritances out of which a Rent cannot be
either by Prescription or Custome for that Surrenders generally taken out of Court must be by Custome Proofs If the Under-steward hold a Court 2 E. 6. Br. Tenant per Copie 26. within the Manor and grants Copies by Court-Roll without the authority of the Lord or of the high Steward the Grants are good But contrary it is if he doe it out of Court as it seemeth And there it is a Quere if the high Steward out of Court may grant Lands by Copy But it is clearly holden that he cannot admit a Copy-holder upon a Surrender out of Court without a special authority from the Lord so to doe A Deputy-steward may take a Surrender 19 Eliz. in Co. B. out of Court if the Office be granted to the Steward and his sufficient Deputies or to be exercised by him and his sufficient Deputies as it was Resolved 19 Eliz. in the Court of Common-Pleas The Lord of a Manor may retain a 8 Eliz. Dyer 248. Steward by Word and such a Retainer shall be good untill he be discharged and such a Steward may take a Surrender out of Court as it is holden in Coke 4. part in the Lady Holcroft's Case And so was Co. 4. part Holcroft's Case it Resolved Tr. 41 Eliz. in Harris and Jaye's Case in B. R. But Quere of the first Vr. 31 Eliz. C. B. Blâ—grave and Wood's Case Godb. 142. Point For that Tr. 31. Eliz. in Co. B. in Blagrave and Wood's Case the opinion of the Justices was That a Surrender to a Steward who was by word onely out of Court was not good In 17 Eliz. in Co. B. it was said by M. 17 Eliz. in C. B. by Dyer and Mounson Dyer and Mounson That without a Prescription a Surrender of Copy-hold-land could not be out of Court nor an Admittance out of Court neither to the Lord himself nor to his Steward But in divers places it is used by Custome so to be And then and thereupon the doing of Fealty and the paying of the Lord 's Fine shall be presented by the Homage to be done at the next Court. And all these things they said are to be done by Custome And in that Case it was said by the Lord Dyer That a Surrender out of Court might be to the Lord himself to go by the way of Extinguishment A Copy-holder in Fee did according to the Custome of the Manor surrender his Copy-hold-lands into the hands of two Tenants but the Surrender was to the Use of J S to take effect immediately after his death In this case it was Resolved That as unto the Surrender into the hands of two Tenants that might be good although it was out of Court by Custome But because in that Case the Surrender was unto the Use of J S to take effect immediately after the death of the Surrenderor and a Free-hold cannot begin in futuro or at a day to come by the Common Law and for that the Estates of Copy-holders shall be directed according to the Rules of the Common Law for that cause onely the Surrender was holden to be void But although a Surrender out of Court may be good into the hands of Tenants of the Manor by Custome yet untill such Surrender be presented by them in the Court of the Lord of the Manor the Estate of the Lands doth remain in the Surrenderor and nothing passeth thereby A Copy-holder in Fee did surrender M. 14 Jac. B. R. Froswell and Welshe's Case Bridgman 52. into the hands of two Tenants according to the Custome to the Use of A and B who thereupon entred into and upon the Lands and paid the Rent to the Lord but before any Court was kept for the Manor the Tenants to whom the Surrender was made as also the Copy-holder the Surrenderor all of them died and thereupon the Heir of the Copy-holder Surrenderor entred upon the said A and B and made a Lease for years of the Lands which Lease was warranted by the Custome In that Case it was Resolved That the Lease for years was well made because that before such time that the Presentment was made in Court of the Surrender the Interest of the Copy-holder did remain in the Surrenderor and his Right descended unto and upon his Heir and he might take receive the Rents and Profits of the Lands for that no person can have a Copy-hold or a Copy-hold-Estate but such a person who comes into the same by the Custome of the Manor viz. by Admittance of the Lord which in this Case A and B did not doe But in that Case it was doubted by the Justices but not Resolved Whether the Acceptance of the Rent by the Lord at the hands of the said A and B did amount to an Admittance or not There were two Joynt-tenants in Fee M. 9. Jac. Cro. 2. part Porter and Porter's Case of Lands which were holden by Copy One of them according to the Custome surrendred into the hands of two Tenants to the Use of his last Will and afterwards he made his Will and thereby devised the Lands In that Case it was holden by the Justices That because the said Surrender was presented by the Tenants in the Court of the Lord that the said Surrender should bind the Survivor for that it shall have a relation to the first time of the Surrender But if in that case the Copy-holder who made the Surrender had died before the same had been presented then the Copy-hold had survived to the surviving Joynt-tenant Two Coparcenors Copy-holders were p. 10 Jac. B. R. Godb 141. in possession the one did surrender her Reversion in the Moyety after her decease It was adjudged a void Surrender because a Free-hold could not commence in futuro as well of Copy-hold-lands as of Free-hold-lands A Copy-holder surrendred a Messuage M. 8 Jac. in B. R. Cro. 3. part Burgoyne and Spurling's Case and 20 Acres of Lands into the hands of two Tenants out of Court to the Use of J S and his Heirs upon Condition that if he paid J S 100 l. before such a day the Surrender to be void Before the day of payment he surrendred one Acre parcel of the 20 Acres unto J D and his Heirs and afterwards he performed the Condition by paying the 100 l. and afterwards in Court he surrendred the said Messuage and 20 Acres of Lands into the hands of the Steward to the Use of J N and his Heirs It was found by the Jurours that the first Surrender made to J S was never presented but the two last Surrenders were presented In this Case it was Resolved That by the Conditional Surrender nothing passed untill it was presented but the Interest Right and Possession remained in the Copy-holder who made the Surrender so as he might transfer it to whom he thought good For although it was a Surrender into the hands of Tenants and so according to the manner of the Surrender the same was good by the
viz. Ad hanc Curiam venit A de B sursumreddidit in manus Domini c. unum Messuaglum c. ad usum C de D Haeredum suorum vel Haeredum de corpore suo exeunt Habendum sibi Haeredibus de corpore suo exeunt c. By which it appeareth to be the opinion of Mr. Littleton that an Estate may and might be of Copy-hold-lands And herewith agreeth the opinion of Mr. Plowden in his Commentaries in Morgan and Manxell's Case But note that the opinion of Mr. Littleton is That there must be a Custome of the Manor to enable such Estates of Copy-hold-lands It is said in Coke 3. part in Heydon's Case That where an Act of Parliament doth alter the Service Tenure or Interest of the Estate either in prejudice of the Lord or of the Custome of the Manor or in prejudice of the Tenants there such an Act of Parliament doth not extend to Copy-holds And therefore the Statute of Westm 2. de Donis because it extendeth to the Alteration of the Service and Tenure of the Land and is prejudicial to the Lord of the Manor doth not extend to Copy-holds But in that Case it is agreed That by a special Custome Lands might be entailed for that it might be that upon the creation of the Manors Lands were given by Lords of Manors to hold by their Tenants by particular Services and for particular Uses viz. to some to them and their Heirs in Fee-simple to some others to hold to them and the Heirs of their bodies begotten and to some others for particular Estates as for life c. and such Estates having continued in their Issues time out of mind Custome hath now enabled such Estates to be of Copy-holds in tail and although they have and enjoy such their Estates be it either Fee-simple or Fee-tail yet it is but secundùm Consuetudinem Manerii and therefore and for these Reasons and causes although that Copy-hold be not or could not be entailed within the general words of the Statute de Donis c. yet by Custome time out of mind used they say that Copy-holds may be entailed 36 Eliz. in the King's Bench it was Adjudged That where the Custome of the Manor was that Lands might be granted unto any in Fee-simple in such case a Grant of Lands unto a man and the Heirs of his bodie was within the Custome For a Custome which extendeth to the greater will extend to the lesser Estate Tenant in tail of a Copy-hold surrendred M. 15 Jac. Lee and Brown's Case Poph. 128. the same into the hands of the Lord to the Use of J S c. In that Case 2 Questions did arise 1. If Copy-holds were within the Statute de Donis c. 2. Whether the Tail might be cut off by a Surrender The Court doubted of the first Point but the better opinion seemed to be That the Statute co-operating with the Custome they might be entailed A Copy-holder had Issue 3 Sons A H. 31 Eliz. B. R. Bullein and Graunâ—'s Case Leon. 1. part 174. B and C and surrendred his Copy-hold-lands to the Use of his last Will and thereby declared the same to be to the Use of his Wife for life the Remainder to B his second Son in tail and afterwards to A in Fee It was a Question in this Case if B had a Fee-simple conditional in the Lands or an Estate-tail For if a conditional Fee then a Remainder over of it could not be limited It was the opinion of Wray Chief Justice That it was an Estate-tail in B and not a Fee conditional and that Customary Lands might be granted in tail A Surrender of Copy-hold-lands was H. 34 Eliz. B. R. rot 29â—â— Stanton and Barney's Case made within the Manor of Stevenson to the Use of J S and the Heirs of his body and after Issue he surrendred the Lands unto another It was agreed by all the Justices That it was a Fee-simple conditional at the Common Law and after Issue that he might alien the Lands A Copy-holder in Fee of the Manor M. 36 Eliz. B. R. Gravenor and Brook's Case Poph. 34. of Fairchilds and Preachers 3 H. 8. surrendred his Copy-hold-lands to the Use of his eldest Daughter for life the Remainder to the eldest Son of the said Daughter and the Heirs-males of his body the Remainder to the right Heirs of A the Copy-holder in Fee In this Case it was said That an Estate in Tail could not be of Copy-hold-lands It was the opinion of Fenner and Popham That by Equity of the Statute de Donis an Estate-tail might be of Copy-hold-lands though not otherwise Now on the other side That Copy-hold-lands cannot be entailed nor are within the Statute de Donis c. see these Cases and Resolutions following H. 35 Eliz. in Co. B. it was Resolved by all the Justices that Copy-holds were H. 35 Eliz. in Co. B. Pitts and Huckley's Case not within the Statute of Westm 2. de Donis For if they were within that Statute then the Lord should not enter nor take advantage of the Forfeiture of the Copy-hold for Felony the contrary of which was Resolved in Borneford and Sir John Packington's Case but the Donor and the Services should be done to the Donor and not to the Lord of the Manor which is against the nature of a Copy-hold-Tenure The Case was That a Copy-holder Tr. 18 Jac. in Co. B. Royden and Moulster's Case Cro. 3. part 32 33. Godb. 367. acc surrendred to the Use of one in Tail there being no Custome to warrant such Surrender In this Case the Question was whether a Copy-hold might be entailed within the Statute de Donis It was holden by all the Justices That it could not be entailed within the Statute and that for divers causes 1. Because it is not within the Letter of the Statute which speaks onely de Tenement is per Chartam datis and Copy-holds cannot pass by Deed but by Surrender onely as is agreed on all sides 2. Because they are not within the meaning of the Statute because that before 7 E. 4. 19. they were not of any account in Law being onely Estates at will of the Lord secundùm Consuetudinem Manerii 3. Because the said Statute de Donis provides onely against those who might make Disinherison by Fine or Recovery which a Copy-holder there could not doe or make because that then upon such Grants in Tail the Reversion should be left in themselves which could not be being to the prejudice of the Lord of the Manor And also 4. because it would be very mischievous because then there should be no means to dock or cut off such Entails common Recoveries and Fines not being then in use unless there were a special Custome to that purpose Having thus declared and made mention of the several Cases and Resolutions in this much-controverted Point Whether Copy-hold may be entailed within the said Statute de Donis
the nature of a Copy-hold The other Case was this Land was M. 37 Eliz. in B. R. Eylett and Lane's Case Cro. 1. part demisable in Tail by Custome A Copy-holder demised the Land in Tail by Copy The Copy-holder suffered a Common Recovery in the Court of the Manor with Voucher and Warranty The Court at the first doubted of it because a Warranty could not be annexed to such an Estate in Tail But yet afterwards it was Resolved That the Recovery there was a Bar of the Tail And Note for a Conclusion of this Point That at this day by the Customes of several Manors Common Recoveries are had and suffered in the Courts of Lords of Manors for the docking and barring of Estate tails of Copy-holds And much inconvenience would ensue both if Copy-holds at this day might not by Custome be entailed and likewise if by Custome Common Recoveries had of Estate-tails with Voucher over in the Courts of Lords of Manors should not thereby be docked and barred SECT XIII What things are incident to a Copy-holder and what he may take of common right without the Grant or Licence of the Lord And what Acts upon the Land shall bind the Copy-holder what not IF a Copy-holder according to the Custome doth surrender into the hands of 2 Tenants to the Use of J S and his Heirs and afterwards the Copy-holder dieth before the Presentment be made of the Surrender by the Tenants and the Lord before the Presentment accepts of the Rent of J S generally but not as a Copy-holder the Heir of the Surrenderor may eâ—ter into and upon the Lands and receive the Profits thereof to his own use for that nothing vesteth in the Surrenderee before Admittance and the Inheritance of the Copy-hold is in the Heir quasi by Discent To have Common in the Wastes of Pasch 45 Eliz adjudge acc the Lord is not a thing incident to his Copy-hold but is by Prescription or Custome of the Manor If therefore a Copy-holder purchaseth the Inheritance of the Land the Interest of the Common being a thing intire is gone and determined But if the Copy-holder doth surrender part of his Copy-hold-lands to the Use of another who is admitted yet his whole Common is not thereby determined but he shall have Common still for the Lands not surrendred A Copy-holder may take House-bote 9 H. 4. â— Waste 59. Coke select Cases 68. Hedg-bote and Plough-bote upon his Copy-hold-lands of common right as a thing incident to the Grant if it be not restrained by a Custome that the Copy-holder shall not take it but by Assignment of the Lord or his Bailiff And if the Lord where the Tenant hath such Botes cuts down all the Woods and Under-woods which are standing and growing upon the Lands to prevent the Copy-holder of his Botes he may have an Action of Trespass against the Lord as it was Resolved in Heydon and Smith's Case Pasch 8 Jac. in Co. B. A Manor may be Copy-hold and holden M. 8 Jac. B. R. The King and Stafferton's Case Yelv. 190 191. of another Manor by Copy of Court-Roll and if such a Copy-hold-Manor be granted unto J S and his Heirs J S may hold a Copy-Court within his said Manor without a special Grant of it for that of common right a Court-Baron or a Copy-hold Court is incident to every Manor A Lord of a Manor grants a Copy-hold P. 26 Eliz. C. B. Chaw and Dover's Case Leon. 1. part 16. for â— Lives and afterwards takes a Wife The 3 Lives end 〈◊〉 determine The Lord enters into the Manor and keeps the copy-hold-Copy-hold-lands in his hands for a time and then grants the Lands over again by Copy and dieth The Wife of the Lord enters and clums Dower in it In this Case it was Resolved That the Copy-holder should hold the Lands discharged of the Dower because the Copy-holder comes and is in the Lands by the Custome which is paramount to the title of Dower A Copy-holder is feised of Lands at P. 5 Eliz. by Dyer Vâ—de Moore 50. Common Law and also of Lands holden by Copy of Court-Roll and he by Indenture without Licence of the Lord makes one Lease of both Lands rendring Rent It was said by Dyer That in such case the whole Rent is issuing out of the Lands at Common Law because the Lease as to the Copy-hold-lands was utterly void If the Lord grants to his Copy-holder P. 12 Eliz. in B. R. Moore 94. the Trees growing upon the Lands and which shall after grow with liberty to cut them down and carry them away he may justifie the cutting of the Trees which are growing and it shall not be a Forfeiture of his Copy-hold because the Lord hath by his Grant dispensed with it But he cannot cut down the Trees which shall there after grow as it was said by Plowden and Popham If a Copy-holder binds himself in a Pasc 12 Eliz. in B. R. adjudge acc Statute his copy-hold-Copy-hold-lands shall not be extended upon the said Statute because the Copy-holder in the eye of the Law hath an Estate but ad voluntatem Domini secundùm Consuetudinem Manerii But if a man be Tenant for life or years of a Manor and a Copy-hold comes to his hands by Forfeiture or other determination and he binds himself in a Statute although the Copy-hold be after granted yet it may be extended upon the Statute because the Copy-hold was annexed to the Free-hold and joyned with it in the hands of the Lord when the Statute was acknowledged and entred into The Custome of a Manor was That a Copy-holder might cut and lop Trees M. 5 Jac. Swayn and Beckett's Case Moore 812. for Hedg-bote and other necessaries The Queen made a Lease of the Manor to J S with Exception of Trees King James granted the Reversion to J D in Fee The Assignees of the Term granted a Copy-hold to other for 3 Lives Habendum to them successivé The Copy-holder cut Trees It was Resolved That the Copy-holder was in by the Custome paramount the Exception although he took his Estate after the Exception and therefore might justifie the cutting of the Trees for the Hedg-bâ—â—e and other necessaries The Husband seised in Fee of Copy-hold-lands 35 Eliz. Co. 4. part Bullock and Dibles's Case in the right of his Wife surrendred the same to another who was admitted and afterwards the Husband died It was Adjudged that in this case the Wife might enter and she should not be put to her Cui in vita If there be Lessee for life the Remainder M. 9 Jac. in Co. B. adiudge acc for life of a Copy-hold and the first Tenant for life doth purchase the Freehold of the Copy-hold and levies a Fine thereof and 5 years pass it was Adjudged That this Fine should bar him in the Remainder of his Copy-hold SECT XIV Where the Lord of the Manor shall be Chancellour in his own Court to determine the
for the reason aforesaid Having thus shewed what will be a good Surrender of Copy-hold or Customary Lands by an actual Surrender in the Court of the Lord of the Manor I shall now consider SECT II. Whether a Copy-hold may be said to be surrendred by any Act Words or Agreement made betwixt the Lord and the Copy-holder or by the Copy-holder with a Stranger made in the Court in the Presence of the Lord or his Steward I Do conceive generally that no Act or Words of the Copy-holder can Vid. Leon. 1. part 172. Penruddock and Newman's Case pass his Copy-hold in such a manner as that the same shall be accompted to amount to a good Surrender of the same But yet it rests upon a Difference Proofs If a Copy-holder bargains and sells his Copy-hold by Deed of Bargain and Sale enrolled though it be to the Lord of the Manor himself it is void and shall not amount to a Surrender If Tenant for life of Lands at the Common Law agrees with his Lessor or him in the Reversion that he shall have his Interest in the Land for the Rent of 20 s. per annum this Agreement will not amount to a Surrender of his Land by the Common Law A fortiori If a Copy-holder or other Customary Tenant shall say to his Lord or other person in the Court of the Manor I agree to surrender my Lands these words will not be a present or an express Surrender nor will they amount to so much as a Relinquishing of his Estate for in truth it is not any thing in present but an Act to be done in futuro Like unto the Case put by Wray Tr. 31 Eliz. in B. R. Sweeper and Randall's Case Leon. 1 part 178. Chief Justice A seised of the Manor of D demiseth the same Manor at will that it is no Lease No more in the other Case shall it be a Surrender or a Relinquishing of his Copy-hold or Copy-hold-estate But yet notwithstanding it will be agreed that in some cases an express and particular Agreement made by a Copy-holder with the Lord of the Manor for or concerning his Copy-hold-lands will amount to a Surrender of the same The Case was That the Lord of a Manor pretending that a Copy-holder had forfeited his Copy-hold-lands entred M. 32 Eliz. in Ceâ— B. Collam and Sir Hugh Portman's Case Leon. 1 part 191. into a Communication with the Copy-holder concerning the same Upon the Communication thereof had betwixt them it was agreed that the Copy-holder should pay unto the Lord the summe of 10 l which he paid accordingly and that in consideration thereof the Copy-holder should have Election whether he would have the Land assured unto him by Copy or by Bill for the life of him and his Wife or durante viduit ate of the Wife who made his Election to have the Land by Bill It was the opinion of the Justices in that Case That this Agreement was a good Surrender of the Lands and a good Estate thereupon vested in the Wife for her life A Copy-holder in Fee came into the M. 13 Jat B. R. Betfield and Adams Case Court of the Lord of the Manor and took a new Estate of his Copy-hold-lands from the Lord to himself for life and afterwards to his Wife for life and after to his Son for life It was a Question whether this Act of the Copy-holder was the giving up and the relinquishing of his Estate of Inheritance in his Copy-hold and did amount to a Surrender of his old Estate therein It was agreed in this Case That if a Copy-holder Vid. 29 Eliz. Co. 2. part Lanc's Case of Inheritance takes a Lease by Indenture for years of the Lord of his Copy-hold that by that Act of his his Inheritance in his Copy-hold is gone and determined But it seemed to be the better opinion of the Court That although that this taking of a new Estate shall imply a Surrender and be accounted as to some purpose to amount to a Surrender yet in the judgment of Law it shall be but as a Surrender to his Use for life and after to his Wife and Son for their several lives and that still the Inheritance of the Copy-hold remains in him But Quere this Case For that H. 36 Eliz. in Co. B. Rot. 2640. in Adams and Shepheard's Case it seemeth to be adjudged to the contrary A Copy-holder said to his Lord that Vid. Colman and Bedilâ—'s Case Anderson's Reports 199. acc he would not hold his Land longer by Copy but by a Bill under the Lord's hand for his life who made him such a Bill which the Copy-holder accepted of It was agreed by the Justices in that Case That thereby his Copy-hold was determined SECT III. Of Surrenders out of Court and where Surrenders to the Steward Deputy-steward or into the hands of Tenants of the Manor out of Court shall be good where not BY the general Custome of the Realm a Copy-holder may surrender his Lands in the Court of the Lord of the Manor or out of Court to the Lord by the hands of Tenants of the Manor But a Surrender out of Court to the Lord or by the hands of Tenants of the Manor or of the Bailiff or Reeve is not good without a special Custome The Lord hath such an absolute Interest in his Manor that he may hold a Court within his Manor at what time he pleaseth But he is not compellable by his Copy-holder to hold or call a Court to accept of a Surrender But if he doth accept of such a Surrender of his Copy-holder out of Court the same is good whether it be to his own Use or to the Use of other persons And as the Lord may himself accept of a Surrender out of Court so likewise may the Lord himself grant new Copies of the Lands out of Court and such Grants shall be good But the Lord himself cannot hold his own Court for any of the purposes aforesaid But the Lord himself may give authority unto others to take Surrenders to the Use of others out of Court and so may his Steward or Under-steward give Conditions to others to take the like Surrenders out of Court to others Uses which Conditions shall be in the nature of a Dedimus potestatem And so it was Resolved in a Case out of Ireland referred to the Judges of England to certifie their opinions therein where the Case was The Steward of the Court of a Manor in Ireland being in England sent a Writ in the nature of a Dedimus potestatem to one who was in Ireland to take a Surrender there of Copy-hold-lands and the opinion of the Judges here to whom the Case was referred to advise and certifie their opinions was That such a Surrender taken by Dedimus was good enough But note that in such case it must be intended that such giving power to take a Surrender if it be to be done it must be alledged to be done
said Statutes shall be construed most beneficially for Creditors i. e. suum cuique tribuere There are divers other Statutes and Acts of Parliament which extend to Copy-hold-lands viz. 1. The Statute of 5 Eliz. cap. 13 14. of Forgery 2. The Statutes of 5 R. 2. of Departure out of the Realm and 14 Eliz. of Fugitives 3. The Statute of 32 H. 8. cap. 9. of Buying of Pretensed Titles All which Statutes extend to Copy-hold-lands of which I might shew many Cases and Resolutions of the Justices in their several Courts But because the same would make this Section to be long and tedious and my Intention was to use much brevity in this Addition and Amplification of what in the former part of this Treatise hath been written concerning Copy-hold and Customary Estates I shall here put an End to the Work FINIS The Contents of the several Sections SECTION I. WHat a Surrender of Copy-hold or Customary Estate is to whom and in what manner and place it is to be done and who shall be said such a Tenant of a Copy-hold as may make such a Surrender Page 1 Sect. II. Whether a Copy-hold may be said to be surrendred by any Act Words or Agreement made betwixt the Lord and the Copy-holder or by the Copy-holder with a Stranger made in the Court in the Presence of the Lord or his Steward 5 Sect. III. Of Surrenders out of Court and where Surrenders to the Steward Deputy-steward or into the hands of Tenants of the Manor out of Court shall be good where not 9 Sect. IV. Where although Surrenders are made to the Lord or to Tenants out of Court by Custome yet nothing passeth out of the Copy-holder before Admittance And what shall be a good Admittance in such case what not 17 Sect. V. Where some things and what things may be done by the Copy-holder or his Heir before Admittance 21 Sect. VI. Where the Lord is but an Instrument to convey the Copy-hold by Admittance onely and that the Surrenderee is in by the Copy-holder and not by the Lord. 23 Sect. VII Where the Admittance of the particular Tenant shall be the Admittance of him in the Remainder 27 Sect. VIII By what and whose Act either of the Law of the Copy-holder himself or of the Lord severally or all together the Copy-land or Estate shall be gone determined or extinguished and where suspended onely 30 Sect. IX Of Forfeitures of Copy-holds and Copy-hold-estates and what Acts or things done by the Copy-holder shall amount unto or be adjudged a Forfeiture of the Copy-holder's Estate what not 36 Sect. X. Where deniall or refusall to pay his Rent Fine or to doe his other Customes and Services shall be a Forfeiture of his Copy-hold and Copy-hold-estate and where not 39 Sect. XI Where the Act of the Lord and what Act of his shall dispense with a Forfeiture made by his Copy-holder where and what not 48 Sect. XII Whether Copy-hold-lands be within the Statute of Westm 2. and may be entailed or not and where and by what Acts the Issues in tail may be barred and what shall be a Discontinuance of the Estate what not 51 Sect. XIII What things are incident to a Copy-holder and what he may take of common right without the Grant or Licence of the Lord And what Acts upon the Land shall bind the Copy-holder what not 64 Sect. XIV Where the Lord of the Manor shall be Chancellour in his own Court to determine the Differences which arise betwixt Copy-holders 69 Sect. XV. Of Surrenders upon Conditions and where such Surrenders shall be good where not 70 Sect. XVI Where Custome which warrants the Lord or his Copy-holder to grant greater Estates warrants the Grants of lesser Estates 76 Sect. XVII Who shall be said such a Lord of a Manor as may grant Copy-hold-estates and how long such Estates shall continue and what persons shall be capable of Copy-hold-estates what not and what may be granted by Copy 79 Sect. XVIII What Acts or things are inseparable and must be done by the Copy-holder himself and what acts and where may be done by his Attorney 83 Sect. XIX What Customes within Copy-hold-Manors shall be said to be good and reasonable Customes and what not 88 Sect. XX. Where and in what case a Copy-holder or his Lessee upon an Ouster may have and maintain against the Ejector an Ejectione firme and where and in what not 97 Sect. XXI What Statutes and Acts of Parliament do extend to Copy-holds and Copy-hold-estates what not 99 FINIS