Selected quad for the lemma: land_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
land_n	lease_n	life_n	tail_n	1,422	5	9.7324	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A33630	The compleate copy-holder wherein is contained a learned discourse of the antiquity and nature of manors and copy-holds, vvith all things thereto incident, as surrenders, presentments, admittances, forfeitures, customes, &c. necessary both for the lord and tenant : together, with the forme of keeping a copy-hold court, and court baron / by Sir Edward Coke, Knight.; Complete copy-holder	Coke, Edward, Sir, 1552-1634.	1641 (1641)	Wing C4912; ESTC R1843	72,284	184

Copy without the admittance and ordinary allowance of the Lord. The Statute of 16. R. 2. cap. 5. which maketh it a forfeiture of Lands Tenaments and Hereditaments to the purchasor of Excommunications Bulls c. in the Court of Rome against the King c. extendeth not to Copyhold because it would be prejudiciall to the Lord to have the King so farre intereressed in his Copyhold without his consent The Stature of 2. H. 5. ca. 7. of Heretiques extends not to Copyholds for though the Lord of a Manor is yearely to receive a benefite in having the Lands after the yeare and the day forfeited unto him yet because the King is a sharer in this for feiture therefore Lands by Copy are not comprehended under the generall words besides the Statute speaketh of the Kings having annuum diem vastum of these Lands forfeited for heresie as in Lands forfeited for felony whereby it appeareth that the meaning of the Statute is that such Lands onely should be forfeited in which the King by the ordinary course of the Law should have An nuum diem vastum if the Tenant of them had committed felony but such lands are not Lands by Copy for if a Copyholder committeth felony his Copyhold is presently forfeited to the Lord therefore Copyholds are out of the generall purview of this Statute SEC LIV. THe Statute of 27. H. 8. ca. 10. of Vses toucheth not Copyholds because the transmutation of possession by the sole operation of the Statute without allowance of the Lord or the Agreement of the Tenant would tend to the prejudice both of the Lord and of the Tenant and the branch of the same Statute which speaketh of Joyntures toucheth not Copy-holds because Dowers of Copyholds are warranted by speciall Custome onely and not by the Common Law or by the generall Custome The Statute of 31. of H. 8. ca. 1. 32. H. 8. cap. 32. by which joynt-Tenements and Tenants in Common are compellable to make partition by a Writ de partitione faciend As Coparteners at the Common Law touch not Copyholds because this alteration of the Tenure without the Lords consent may sound to the prejudice of the Lord. The Statute of 32. H. 8. ca. 28. which confirmeth Leases for 21. yeares or three Lives made by Tenants in tayle or by the husband and wife of the Lands of the wife touch not Copyhold for the Statute speaketh of Leases made by Deede onely so that the intent of the Statute is to warrant the Leasing of such Lands only as are Grantable by Deede but such are not Copyhold-lands for though they may by Licence of the Lord be demised by Indenture yet in their owne name they are demiseable onely by Copy and therefore out of the generall purview of the Statute for the same reason the same Statute cap. 34. which giveth an entry to the Grantee of a Reversion upon the breach of a Condition by the particular Tenant toucheth not Copyholds SEC LV. THe Stat. of 17. E. 2. cap. 10. which giveth the Wardships of Idiots Land unto the King toucheth not the Idiots Copyhold for thereby great prejudice would accrue to the Lord. But the Statute of Marton cap. 1. which giveth damages to a feme upon a Recovery in a Writ of Dower Co. 4. fo 30. b. where the Baron dieth seised extendeth to Copyhold So that the Statute of Westm 2. cap. 3 and the three severall branches of the same Statute 1. The one which giveth the Cui in vita upon a discontinuance made by the Baron 2. The second which giveth the receit unto the feme upon the Barons refusall to defend the wives title 3. And the third which giveth a quod ei deforceat to particular Tenants extends to Copyhold So that the Statute of 31. H. 8. ca. 13. of Monaster which provideth for the avoidance of doubling of estates And the Statute 32. H. 8. cap. 9. against Champertie and buying of Litigious Titles and chap. 28. which giveth an entry in Liew of a Cui in vita Co 4. fo 26. extendeth all to Copyholds because these Statutes are beneficiall to the Common-wealth and not at all prejudiciall to the Lord in the alteration of Tenure estate Service c. So the Statute of 4. H. 7. cap. 24. of Fines extendeth to Copyholds for if a Copyholder be disseised and the Desseisor levieth a Fine with proclamations and five yeares passed without any claime made this is a barre both to the Lord and to the Copyholder So if a Copyholder make a Feoffment in Fee and the Feoffee levieth a Fine with proclamation and five yeares passe the Lord is barred but if a Copyholder levie a Fine and five yeares passe the Lord is not barred for the Fine levied the Copyhold having no Franck-Tenant is utterly voide And whereas it hath beene doubted that this Statute should not extend to Copyhold but the Lord should hereby receive grand prejudice Co. 9. fo 105. a. for he should not onely lose the Fines upon alienations or descents and the benefit of forfeiture but should withall be in hazard to be barred of his Franck-tenant and inheritance To that I answer if the Lord receive any such prejudice it is through his owne default for not making claime for in regard of the privitie in estate that is betweene him and the Copyholder he may make claime as well as the Copyholder himselfe Et vigilantibus non dormientibus jura subveniunt Thus have I shewed under what Statutes Copyholds are comprehended I come now in the seventh place to speake of Fines SEC LVI A Fine is a summe of money paide to the Lord of the Mannor for an Income into any Lands or Tenements In some Manors Fines are certaine in some incertaine Fines of Copyholds By speciall Custome Copyholders are to pay Fines upon Licences granted unto them to demise by Indenture but by generall Custome they are to pay Fines onely upon admittances If the Lord having a Copyhold by Escheate forfeiture or other meanes maketh a voluntary admittance a Fine is due unto the Lord. If a Copyholder surrendreth to the use of a stranger and the Lord admitteth a Fine is due to the Lord. So if a Copyhold descendeth and the Lord admitteth the heire where by the Custome of the Manor the wife is to have Dower and the husband is to be Tenant by the curtesie of a Copyhold either of them shall be admitted and shall pay a Fine to the Lord. If a Copyhold be granted du rante vie and the Grantee dieth living Cestuy que vie and a stranger entreth as a generall occupant he shall be admitted and shall pay a Fine And so if a Copyhold be granted to one and his heires durante vie and the Grantee dieth and his heire entereth as a speciall occupant where by the Custome of the Manor a Copyhold may be extended upon the extent the party shall be admitted and shall pay a Fine Where by the Custome of the Manor

therefore no Lord of a Manor can prescribe to have fellons goods fugitives goods D●odands and such like because they cannot bee forfeited untill it appeare of Record but waves estraies wreckes and such like may be challenged by prescription because they are gained by usage without matter of Record 2. A custome never extendeth to a thing newly created and therefore if a Rent be granted out of Gavelkind-land or Land in Borough-English the rent shall descend acorcording to the course of the Common Law not according to the Custome If before the Statute 32. H. 8. Lands were deviseable in any Borough or City by speciall Custome A Rent granted out of these Lands was not deviseable by the same Custome for what things soever have their beginning since the memory of man Custome maintaines not If there be a Custome within a Manor that for every house or cottage two shillings fine shall be paid if any Tenant within these liberties maketh two houses of one or buildeth a new house hee shall not pay a fine for any of these new houses for the Custome onely extendeth to the old So if I have Estovers appendant to my house and I build a new house I shall not have Estovers for this new built house upon this ground It hath beene doubted if a man by Prescription hath course of water to his Fulling-mill hee converting these into Corne-mills whether by this conversion the Prescription is not destroyed in regard that these Come-mills are things newly created but because the qualitie of the thing and not the substance is altered therefore this alteration is held insufficient to overthrow the Prescription for if a man by Prescription hath Estovers to his house although they alter the Roomes and Chambers in the house as by making a Parlor where there was a Hall vele converso yet the Prescription stands still in force and so if by Prescription I have an ancient Window to my Hall and I convert this into a Parlor yet my neighbours upon this change cannot stoppe my Window Causa qua supra 3. Customes are likewise taken strictly though not alwayes literally There is a Custome in London that Citizens and Freemen may devise in Mortmayne A Citizen that is a Forreiner cannot devise by this Custome An Infant by the Custome of Gavelkind at th'age of fifteene may make a Feoffment yet he cannot by the Custome make a Will at that age to passe away his Land to make a Lease and a Release which amounteth to a Feoffment If there be any Custome that copyhold-Copyhold-Lands may be leased by the Lord vel per Supervisor vel deputatum supervisoris This Custome giveth not power to the Lord to authorize any by his last Will and Testament to keepe a Court in their owne name and to make Leases Secundum consuetudinem Manerii but these Customes have this strict construction because they tend to the derogation of the Common Law yet they are not to be confined to literall interpretation for if there be a Custome within any Manor that Copyhold Lands may be granted in Feodo simplici by the same Custome they are grantable to one and the heires of his body for life for yeares or any other estate whatsoever because Cui licet quod majus non debet quod minus est non licere so if there be a Custome that Copyhold Lands may be granted for life by the same Custome they may be granted Durante viduitate but not e converso because an estate during Widdowhood is lesse than an estate for life Before the Statute of 32. H. 8. Lands in certaine Boroughs were devisable by Custome By the same Custome was implicite warranted authorizing Executors to sell Lands devisable Now with your patience I will onely point at the manner of pleading of Customes I finde a foure-fold kinde of Prescribing 1. To prescribe in his Predecessors as in himselfe and all those whose estate hee hath 2. To prescribe generally not tying his Prescription to place or person as where a Chiefe Justice prescribeth that it hath beene used that every Chiefe Justice may grant Offices or where a Sergeant prescribeth Quod talis habetur consuetudo that Sergeants ought to be impleaded by originall Writ and not by Bill 3. To Prescribe in a place certaine 4. To Prescribe in the place of another The first sort of these Prescriptions a Copyholder cannot use in regard of the imbecillity of his estate for no man can Prescribe in that manner but onely Tenants in Fee simple at the Common Law The second sort of these may be used sometimes by Copyholders in the pleading of a generall Custome but in alleadging of a particular Custome a Copyholder is driven to one of the last and as occasion serveth he useth sometimes the one sometimes the other If he be to clayme Common or other profit in the soyle of the Lord then he cannot prescribe in the name of the Lord for the Lord cannot prescribe to have Common or other profit in his owne soyle but then the Copyholder must of necessity prescribe in a place certaine and alleadge that within such a Manor there is such a Custome that all the Tenants within that Manor have used to have Common in such a place parcell of the Manor but if he be to claime Common or other profit in the soyle of a stranger then he ought to prescribe in the name of his Lord saying that the Lord of the Manor and all his Ancestors and all those whose estate he hath were wont to have a Common in such a place for himselfe and his Tenants at will c. SEC XXXIV THus much of Customes I come now home to Copyholders and in the third place I hold it the best course to dilate upon the manner and meanes of granting Copy-holds wherein I will onely rely upon these five parts 1. Vpon the person of the Grantor 2. Vpon the person of the Grantee 3. Vpon the Grant it selfe 4. Vpon the thing Granted 5. Vpon the Instruments through whose hands as through Conduit-pipes the Lands are Gradatim conveyed to the Purchasor And first of the person of the Grantor Sometimes the Lord himselfe is Grantor sometimes a Copyholder In voluntary Grants made by the Lord himselfe the Law neither respecteth the quality of his Person nor the quantity of his Estate for be hee an Infant and so through the tendernesse of his age insufficient to dispose of any Land at the Common Law or non compos mentis an Idiot or a Lunatique and so for want of common reason unable to traffique in the world or an Out-law in any personall action and so excluded from the protection of the Law or an Excommunicate c. and so restrained ab omnium fidelium communione or at least à Sacramentorum partitipatione notwithstanding these infirmities and disabilities yet he is capable enough to make a voluntary grant by Copy for if a feme seignioresse take Baron and they two joyne in a voluntary Grant by Copy

voluntary Grant by Copy hath no lawfull interest in the Manor but onely an usurped title his Grant shall never so bind the right owner but that upon his entry hee may avoide them otherwise wee should make Custome an agent in a wrong which the Law will never suffer and yet if the Lord of a Manor by his Will in writing deviseth that his Executor shall Grant Copy hold estates Secundum consuetudinem Manerii for the payment of his debts c. and they make voluntary Grants accordingly these Grants are good notwithstanding the Executor hath no interest in the Manor nor is Dominus pro tempore If a Disseinor of a Manor dieth seized notwithstanding his heire come in by ordinary course of descent yet because the Tort commenced by his Ancestor is still inherent to his estate if any Copihold estate be granted by the heire it may be avoided by the Disseinor immediatly upon his recovery or upon his entry and so if the Disseinor infeoffe a stranger of the Manor notwithstanding the Feoffee come in by title yet no grant made by him of copyhold-Copyhold-Land shall ever binde the Disseined no more than a Grant made by the Disseinor himselfe If Tenant in Tayle of a Manor discontinueth and dieth and after the discontinuance Granteth Copyhold estates the heire recovering in a Formidon in the Discender may avoid these Grants for though the Discontinue come in under a just title yet his interest being determined by the death of the Tenant in Tayle the continuance of the possession is a Tort to the heire and Acts done by Tort-scisors tending to the dis-inheritance of the right owners Custome will never so strengthen but they may be adnihilated So if a man seized of a Manor in right of his wife Alieneth this Manor and dieth any Grant made of Copyhold estates after his death may be avoided by the feme upon her entry or upon her recovery in a Gui in vita If a Manor be Granted pr. aut vie and Cestay que vie dyeth and the Grantee continueth still in the Manor and maketh Grants by Copy these shall not binde the Grantor of the Manor for immediately upon the death of Cestay que vie the Grantee was but a Tenant at sufferance and had no Manor of Lawfull interest for a Writ of Entry ad terminum qui preter sit lieth against him as against Deforceor And so if a Tenant for life of a Manor maketh a Lease for yeares of the same Manor and dieth Copyhold estates granted by the Lessee after the death of the Tenant for life are voideable by the first Lessor If a Lessee for yeares of a Manor granteth a Copyhold in Reversion and before the Reversion eschue the terme is expired the Grant is void and so I take the Law to be if the Lessee surrendreth his terme and then before his Lease should have ended in point of limitation the Reversion falleth yet the Grantee shall not have it If a Lease be made for yeares of a Manor the Lease to be voide upon the breach of a certaine Condition if the Condition be broken and afterwards the Lessee before the entry of the Lessor granteth estates by Copy these Grants shall never exclude the Lessor for presently upon the breach of the Condition the Lease is voyde but had the Manor beene granted for life in Tayle or in Fee I thinke Law would have fallen out otherwise for before entry the Franck-Tenement had not beene avoided and wheresoever a man may enter and avoide any estate of Franck-Tenement upon the breach of a Condition the Law adjudgeth nothing to be in him before entry and he may waive the advantage which hee might take by the breach of the Condition if he will and therefore notwithstanding the accruer of the title of the Grantor yet before this title be executed by entry the Grantee hath such a lawfull interest that what estate soever hee granteth by Copy in the interim shall stand good against the Grantor And so if an Infant infeoffe me of a Manor though hee may enter upon me at his pleasure yet Grants made by me by Copy before his entry shall never be defeated by any subsequent entry And the same Law is of Grants made by a Villayne purchaser of a Manor before the entry of the Lord or of Grants made after an alienation in Mortmayne before the Lord Paramount hath entred for a forfeiture If a Parson after Institution and before Induction a Manor being parcell of his Gleab Lands Grants Lands by Copy and after is inducted this admitting of the Copyholders is no binding act for though as to the spiritualties he be a compleate Parson presently upon the institution yet as to the temporalities he is not compleat before Induction So if a Parson be admitted instituted and inducted but doth not subscribe to the Articles according to the Statute of 13. Eliz. and granteth Lands by Copy as before This Grant shall not conclude the succeeding Incumbent because his Admission Institution and Induction were wholly voide in themselves but had the Parson beene deprived for crime or heresie or for being meere Laicus although he be declared by sentence to be uncapable of a Benefice and so his presentment voide ab initio yet because the Church was once full untill the sentence declaratory came for though the deprivation shall relate to some purposes yet because the Presentment is not in it selfe voide surely a relation shall never be so much favoured as to avoid a Copyhold estate in this kinde So much of Grants made by the Lords themselves In Grants made by Copyholders as the Law respecteth the quality of the Copyholders estate so doth it respect both the quality of his person and quantity of his estate The quality of person for whosoever is uncapable of disposing of Land at the Common Law cannot without speciall Custome passe away any Copyhold The quantity of his estate for no Copyholder can possibly passe away more than is in him and therefore if there be joynt Tenants of a Copy-hold one cannot aliene the whole But if there be two joynt Tenants of a Manor and a Copyholder escheateth one of them may grant this Copyhold and his Companion shall never avoide any part of it If a Copyholder for life the remainder over in Fee to a stranger surrendreth in Fee and the Lord admits accordingly yet an estate for life onely passeth So if the Lord of a Manor granteth a Copyhold for life where an estate in Fee is warrantable and the same Grantee surrenders in Fee to the use of a stranger and the Lord admits him secundum officium sursumredditionis I thinke no Fee passeth for though the Lords admittance may prima facie seeme to amount to a confirmation of the estate surrendred the Reversion resting in him to dispose of according to the Custome as where a Lessee for yeares at the Common Law maketh a Feoffment in Fee and maketh a Letter of Attorney to his Lessor to deliver

Infant or non comps mentis an Idiot or Lunatique an Out-law or an Excommunicate yet what things soever hee performeth as incident to his place can never be avoided for any such disabilitie because he performeth them as a Judge or at least as Customes Instrument and for his authority though it prove but counterfeit if it come to exact triall yet if in appearance or outward shew it seemeth currant that is sufficient As if I grant the Stewardship of my Manor of Dale by Patent and in the Patentees absence a stranger by my appointment keepeth Court this is authenticall If a Grant of a Stewardship be made to one and for some fault or defect in the Grant it is avoidable yet Courts kept by him before the avoidance shall stand in force and whatsoever hee did as Steward are ever unavoidable As if a Corporation retaineth a Steward by paroll and he keepeth a Court punisheth offences decideth controversies taketh surrenders maketh admittances either upon surrenders or discents these Acts being judiciall shall ever stand for currant though his authority be grounded upon a wrong foundation for a Corporation cannot institute any such officer without writing And so if the Kings Auditor or Receiver retaine a Steward by paroll he may lawfully execute any judiciall Act but things which he performeth as Customes instrument not as Judge such as are voluntary admittances neither in the retainer by the Corporation or in this retainer by the Kings Officers shall any whit binde but if a stanger without the appointment of the Lord or consent of the right Steward or without any colour of authoritie will of his owne head come into a Manor and keepe a Court it seemeth that the performance of any judiciall duty or the executing of any act whatsoever will not be warranted especially if the Court be kept without warning given to the Bayliffe by precept according to the Custome The Office of a Steward may be forfeite three manner of wayes 1. By Abuser 2. By non user 3. By Refuser By abuser As if the Steward burne the Court Rolles or if he taketh a bribe to winke at any offence or use partiality in any cause depending before him these and the like abuses will make him subject to a forfeiture By non user as if the Steward by his Patent being tyed to keepe Court at certaine times of the yeare without request to be made by the Lord if he faileth and by his failer the Lord receive any prejudice this is a forfeiture But if the Lord be not damnified then this non user is no forfeiture As if a Parker attends not for the space of three or foure dayes and no prejudice or damage hapneth in the interim this is no forfeiture and in Offices which concerne the administration of Justice or the Commonwealth the Law is more strict then in these Offices which concerne private men for where an officer ex officio or of necessity ought to attend for the administration of Justice or for the good of the Commonwealth there non user or non attender in Court is a forfeiture though this be prejudiciall to no man as the office of the Chamberlaine in the Exchequer a Protonotary Clarke of the Warrants Exigentur Filizar or the like in the Common Pleas because the attendance of these and the like officers is of necessity for the administration of Justice so the attendance of the Clarke of the Market is of necessity for the good of the Commonwealth and so is holding of the Sheriffes turne c. By refuser the office of a Steward may be thus forfeited if the Steward be tyed by his Patent to keepe Court upon a demand or request to be made by the Lord if the Lord demandeth or requesteth him to keepe a Court and he faileth this is a forfeiture though the Lord be thereby nothing damnifyed and thus much of the Steward SEC XLVI THe under steward is the Stewards deputy and sometimes appointed by writing sometimes by paroll and the extent of his Authority is as great as the Steward 's owne Authority and his office consisteth in performance of the selfe same duties that the high Steward himselfe is to performe onely in this point the power of the Steward goeth beyond the power of the understeward that the Steward can make an admittance out of Court and it shall stand good if entry be made in the Court Roll that he that is admitted hath paid his fine and hath done fealty but the understeward though he may take a surrender out of the Court yet he cannot make any admittance out of Court without especiall Authority or particular Custome Some have thought that an understeward may be made without speciall words in the Stewards Patent authorizing him to make a Deputy but surely since it is an office of knowledge trust and discretion it cannot unlesse it be in cases of necessity As if an office of Stewardship descend unto an Infant he may make a Deputy because the Law presumeth he is himselfe uncapable to execute it so if it be granted to an Earle in respect of th'exility of the Office in a base Court and of the dignity of the person who is Praepositus Comitatus and had in ancient time the charge and custody of the whole shire whose attendance the Law intendeth to be most necessary upon the King and the Commonwealth therefore it is implyed in Law for the conveniency that hee may make a Deputy for whom he ought to answer This is one observation touching understewards in admittances made by understewards aswell as in admittances made by the Stewards themselves it is good order to expresse in the Copy and in the Court Roll the name of the understeward or of the Steward because in pleading any admittance a man must say that hee was admitted by such a one understeward or Steward naming his name And this shall suffice touching the manner and meanes of granting Copiholds Suffer mee now in the fourth place to point at the severall estates of Copiholders together with their severall qualities incident to their severall estates SEC XLVII ALl estates whatsoever may be reduced to one of these three heads 1. Inheritance 2. Francktenant 3. Chattells All Inheritances are of two sorts either Fee simples or Fee tailes Of Fee simples some are determinable some are undeterminable Determinable as where Land is given to a man and his heires for so long time as Pauls steeple shall stand Vndeterminable as where Land is given to a man and his heires without further limitation Of Fee tailes some are generall some are speciall Generall as where Land is given to a man and the heires of his body or heires males or females of his body Speciall as where Land is given to a man and the heires males or females which he shall beget of such a woman All Francketenants are of two sorts either created by the act of the party or by the Act of the Law Of Francketenants created

these Grants an estate tayle passeth in the first without the word heires in the second without the word body in the third without either If the King by his Steward granteth a Copyhold to a man and to his heires males or heires females no Fee-simple passeth because the Lord never intended to passe such an estate If a Copyhold be Granted to an Abbot and to his heires an estate for life onely passeth So if I Grant a Copyhold to a man in Fee-simple ac sanguini suo imperpetum or sibi assign suis impe●pectum yet the word heires wanting no greater estate than for life passeth The same Law is if a Copyhold be granted to a man and to his heires as long as I. S. shall live this is onely an estate per anter vie a rend limitted upon this estate is good But if a Copyhold be granted to a man and to his heires as long as such a tree shall grow in such a ground this is a good Fee and a render limitted upon it is void If a Copyhold be granted to I. S. and I. N. haeredibus they are joynt Tenants for life and no inheritance passeth unto either because of the uncertainty for want of this word suis but if a Copyhold be granted to I. S. onely haerend a good Fee-simple passeth without the word suis If a Copyhold be granted to a man haered bus an estate tayle doth not passe for want of the words de corpore And if a Copyhold be granted to a man liberis aut puer suis de corpore an estate taile doth not passe for want of this word heires for what estates soever are intayles since the Statute De donis Conditionalibus were Fee-simples Conditionall but this could be no Fee-simple conditionall before the Statute without the word heires and therefore no intayle since the Statute And for the same reason if a Copyhold be granted to a man and to the issues males of his bodie an estate for life onely passeth If a Copyhold be granted to a man without expressing any certaine estate by implication of Law an estate for life onely passeth and if I grant a Copyhold to three habendum successive they are joynt Tenants unlesse by speciall Custome the word successive make their estates severall Thus much touching the creation of Copyhold estates SEC L. THe discents of Copyhold of inheritance are guided and directed by the rules of the Common Law as well as the creation of Copyhold estates If a Copyholder in Fee-simple having issue a sonne and a daugher by one venter and a sonne by an other venter dieth and the sonne by the first venter entreth and dieth the Land shall discend to the daughter Quia-possessio fratris de feodo simplici facit sororem esse haeredem But if a Copyholder in tayle have issue a son and a daughter by one venter and a son by another venter dieth and the sonne by the first venter entreth and dieth the sonne of the second venter shall inherit If a man having issue a sonne and a daughter by one venter and a sonne by another venter the eldest sonne purchaseth a Copy-hold in Fee and dieth without issue the daughter shall have the Land not the yonger sonne because he is but of the halfe blood to the other If a man hath a Copyhold by discent from his mothers side if he die without issue the Land shall goe to the heires of the mothers side and shall rather escheate than goe to the heires of the fathers side but if I purchase a Copyhold and die without issue the Land shall goe to the heires of my Fathers side but if I have no heires of my fathers side it shall goe to the heires of my mothers side rather than escheate If there be Father Vnckle and Sonne and the sonne purchaseth a Copyhold in Fee and dieth without issue the Vncle shall inherit and not the Father because an inheritance may lineally discend but not ascend If there be three brothers and the middle brother purchaseth a Copyhold in Fee and dieth without issue the eldest shall inherit because the worthiest of blood If there be two Coparteners or two Tenants in Common of a Copyhold and one dieth having issue the issue shall inherit and not the other by the survivership but otherwise it is of two joynt Tenants Should I give way to my Penne and write of this Theame till I wanted matter to write on I should make a large Volume in dilating this one point therefore I will contract my selfe intreating you to supply by your private cogitations what I have either willingly or unwittingly passed over in silence onely take this caveat by the way Though all qualities necessarily incident to estates at the Common Law are likewise incident to Copyhold estates yet the Law is not so of collaterall qualities without speciall Custome Co. 4. fo 22. a. and therefore a Copyhold shall be no assets to the heire A discent of a Copyhold shall not toll an entry A surrender made by Tenant in tayle admit a Copyhold may be intayled or by a Baron of a Copyhold which he hath in right of his wife shall make no discontinuance because these are collaterall qualities and not necessarily incident Thus much of the severall estates of Copy-holds together with their severall qualities incident to their severall estates I come now in the first place to examine how Copyholders are to impleade and be impleaded SEC LI. A Copyholder cannot in any Action reall or that savoureth of the realty or hath a dependance upon the realty implead or be impleaded in any other Court but in the Lords Court for or concerning his Copy-hold but in actions that are meerely personall he may sue or be sued at the Common Law If a Copyholder be ousted of his Copyhold by a stranger he cannot implead him by the Kings Writ but by Plaint in the Lords Court and shall make protestation to prosecute the sute in the nature of an Assize of novell disseisin of an Assize of Mort D'ancestor of a Formedon in the Discender Reverser or Remainder or in the nature of any other Writ as his cause shall require and shall put in pleg de prosequend If a Copyholder be ousted by the Lord he cannot maintaine an Assize at the Common Law because he wanteth as Franck-Tenant but he may have an action of trespasse against him at the Common Law for it is against reason that the Lord should be Judge where he himselfe is a party If in a plaint in the Lords Court touching the tytle of a Copyholder the Lord giveth false judgement he cannot maintaine a Writ of false judgement for then he should be restored to a Francke-Tenant where he lost none No Copyholder of base Tenure in ancient Demesne can maintaine a Writ of droit close or a Writ of Monstravêrunt but Tenants of Francke-tenure in ancient demesne can A Copyholder that may cut downe Timber trees by Custome by

waste this is no forfeiture So if a Copyhold be surrendred to the use of I. S. and before admittance I. S. committeth waste this is no forfeiture for by the same reason that hee cannot grant before admittance hee cannot forfeit before admittance If two joynt Tenants be of a Copyhold and one committeth waste he forfeiteth his part onely for no man can forfeit more than he hath granted And therefore if there be Tenant for life with a remainder over of a Copyhold and the Copyholder for life purchaseth the Manor committeth waste or doth any Act which amounteth to the extinguishment or the forfeiture of a Copyhold yet the remainder is not hereby touched And so if a Copyholder be granted to three habend successivie whereby the Custome of the Manor this word Successivie taketh place the first Copyholder cannot prejudice the other two by any Act he can doe no more than if a Copyholder in Fee by Licence maketh a Lease for yeares by Deed or without Licence by Copy and either of these Lessees committeth waste the reversion is not hereby forfeited If I have two severall Copyholds by two severall Copies and I commit waste in one this is a forfeiture of this one onely and not of the other And so if I grant these severall Copyholds by one Copy yet they continue severall as they did before and the forfeiture of the one is not the forfeiture of the other The same Law is if two severall Copy-holds Escheated to the Lord and hee regranteth them againe by one Copy And thus have I shewed what persons are able to forfeit I will now in a word shew what persons are able to take benefit of a forfeiture SEC LX. REgularly it is true that none can take benefit of a forfeiture but he that is Lord of the Manor at the time of the forfeiture And therefore if a Copyholder maketh a Feoffment and then the Lord alieneth neither the Granter nor the Grantee can take benefit of this forfeiture for neither a right of entry nor a right of action can ever be transferred from one to another And therefore if a Freeholder alieneth in Mortmaine and then the Lord granteth away his Seigniory neither the one nor the other can ever take benefit of this forfeiture So if a Lessee for life committeth waste and then the Lessor granteth away the reversion this waste is made dispunishable But if Tenant for life be of a Manor with remainder over in Fee to a stranger If a Copyholder committeth waste and then Tenant for life of the Manor dieth before entry yet he in Remainder may enter for he had an interest in the Manor at the time of the forfeiture committed though hee could not enter by reason of the State in Tenant for life which being determined his entry is now accrued unto him for the forfeiture committed in the life of Tenant for life And sometimes he that is neither Lord of the Manor at the time of the forfeiture committed nor ever after shall take benefite of a forfeiture As if a Lord of a Manor granteth a Copyhold in Fee and then granteth the Franck-Tenement or the inheritance of this Copy-hold to a stranger the Grantee though no Lord of the Manor nor able to keepe any Court Co. 4. fo 24. shall take benefite of forfeitures made by the Copyholder as if the Copyholder do make a Feoffment Lease waste deny the Rent c. Thus have I shewed what persons are able to take benefit of a forfeiture I will now in one word shew what Acts amount to a confirmation of an estate forfeited SEC LXI IF the Lord doth any thing whereby hee doth acknowledge him his Tenant after forfeiture this acknowledgement amounteth to a Confirmation as if he distreyneth upon the ground for Rent due after forfeiture or if he admitteth after the forfeiture or the like these are estoppells to the Lord so that he can never enter so the Lord have notice of such forfeitures before any such act which may amount to a confirmation be done yet some make this difference that these forfeitures onely which destroy not the Copyhold are onely conformable by subsequent acknowledgement and not those forfeitures which tend to the destructions of a Copyhold as if the Copyholder maketh a Feoffment by this the Copyholder is destroyed and therefore no subsequent acknowledgement of the Lord will ever salve this sore And this shall suffice for forfeitures I come now in the last place to shew what Acts amount to the extinguishment of a Copy-hold SEC LXII VVHeresoever a Copyhold is become not demisable by Copy either by the Act of the Lord by the Act of the Law or by the Act of the Copyholder himselfe it is extinguished for ever By the Act of the Lord as if a Copyholder Escheateth and the Lord granteth away any estate by Deede this is an extinguishment Co. 4. fo 31. So if hee maketh a Feoffment upon Condition and then entereth for breach of the Condition yet the Copyhold is extinguished because once not demisable But if the Lord keepeth the Copyhold-Lands for never so many yeares or granteth at will this destroyes not the Copyhold because it continueth ever demisable by Copy By the Act of the Law as if the Copyhold escheated be extended upon a Statute or Recognizance acknowledged by the Lord or if the feme of the Lord hath this Land assigned unto her for her Dower although these impediments be by the Act of the Law yet because they are lawfull the Land can never after be granted by Copy By the Act of the Copyholder himselfe as if he accepteth a Lease for yeares at the Common Law either mediate or immediate from the Lord of the Copyhold this is an absolute extinguishment But if he accepteth a Lease for yeares of the Manor the Copyholder by this hath not continuance but this is no extinguishment because the Land continueth still grantable by Copy If a Copyholder with Licence make a Lease for yeares to a stranger or without Licence maketh a Lease for yeares to the Lord the Copyhold is not hereby extinguished and yet it is not demisable by Copy So if a Copyholder intermarrieth with a feme Seignioresse this is a suspension onely of the Copyhold no extinguishment So if the interruption be torcious as the Lord be disseised and this disseisor dieth seised or if the Land be recovered by false verdict or erronious judgement and after the Land is recontinued it is not extinguished but may be granted arere by Copy for Non valet impedimentum quod de jure non sortitur effectum quod contra legem fit pro infecto habetur And so I conclude with Copyholders wishing that these may ever be a perfect union betwixt them and their Lords that they may have a feeling of each others wrongs and injuries that their so little Common-wealth having all his members knit together in compleate order may flourish to the end FINIS