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
THE RELATION BETWEENE THE LORD OF A MANNOR AND THE COPPY-HOLDER His TENANT Delivered in the Learned Readings of the late Excellent and Famous Lawyer CHAR. CALTHROPE of the Honorable Society of Lincolnes-Inne Esq Whereby it doth appeare for what causes a Coppy-holder may forfeite his Coppy-hold Estate and for what not and likewise what Lord can grant a Coppy and to whom Published for the good of the Lords of Mannors and their Tenants Non magis promaenibus quam pro servandis legibus liber Cives pugnare debent siquidem sine maenibus Respublica potest consistere sine Legibus non potest LONDON Printed for William Cooke and are to be sold at his shop neere Furnivals Inne gate in Holborne 1635. COPPY-HOLDS The first Lecture THE great injuries which are offered and small remedies which are used in cases of Coppy-holds which as it seemeth doe grow by the obscure knowledge what Law Custome judgeth in these matters of Coppy-hold moveth mee to shew some part of my Travailes in these poynts not thereby to animate Coppy-hold Tenants which would by too much advancing their Tenure pretend only to be Tenants by Custome and not Tenants at Will nor to encourage any Coppy-hold Lord which could by too much abasing these Tenures pretend to have such Coppy-holders onely Tenants at Will and not regard their customes but to proove unto you that as their Title and name sheweth they are Tenants at will and Tenants by Custome in their Land and they consist both of their Lords Will and Custome of the Mannour in their degrees And that this Will and Custome be contained within the Limits of Law and reason according to such rules as shall be hereafter declared First I will shew what a Coppy-hold is then whereof it doth consist and what estimation the same is of by the Antiquity of time and by the Lawes and Statutes of this Realme Master Littleton in his first booke of Teuures defineth a Tenant by Coppy of Court Role and to be where a man is seised of a Mannour in which is a Custome that hath been used time out of minde that certaine Tenants of the same Mannour have used to have certaine Lands and Tenements to hold to them and their heires in Fee Simple Fee Taile or for Life at the will of the Lord after the Custome of the Mannonr And that they have no other evidence but the Roles of the Court by which difinition and by certaine other observations of the Law it may bee gathered that a Coppy-hold doth consist of these sixe principall grounds or Circumstances viz. First there must be a Mannour for the maintenance of Coppy-hold Secondly a custome for the allowing of the same Thirdly there must be a Court holden for the proofe of the Coppy-holders Fourthly there must be a Lord to give the Coppy-hold Fiftly there must be a Tenant of Capacity to take the Tenement Lastly the thing to bee granted which must bee such as is grantable and may bee held of the Lord according to the Tenure But first before I speake of these Circumstances I will briefly declare unto you the Dignity and Estimation of Coppy-holders by the Antiquity and allowance of time and by the Lawes and Statutes of this Realme It appeareth by a certaine booke intituled De priscis anglor legibus Translated out of Saxon Tongue by Master Lambert of Lincolns Inne that Coppy-holds were long before the Conquest and then called by the name of Bookeland as you may see in the beginning of the Booke in the Treatise De rerum Verborum explicatione and by Master BRACTON an Ancient Writer of the Lawes of ENGLAND who in his Booke VVriteth divers presidents and Records of King Henry of allowance Copi-holders or Customary Tenants that do their due services the Lords might not expell them according to the opinion of the latter Judges in the time of Edward the 4. and Edward the third And it appeareth by Master Fitz-Herberts Abridgements they were preferred by a speciall writ for that purpose and the Lord thereby compelled to do right And in the time of Henry the fourth Tenants by the Virge which are the same in Nature as Copy-holders be were allowed by the name of Sokemaines in Franktenure as in the time of Henry 7. were allowed and of the King for defence of their estates So that in every Kings time Copy-holders have had their allowances according to their natures unto this time present wherein our Justices are of opinion as the said grave Sages have beene in times past Now I will further proceede in some perticuler use of these Tenures according to the Lawes and Statutes of this Realme And because I finde none that doth so much deface the estimation of Copy-holders as Master Fitz Herbert doth in his Writ Derecto Clauso I will begin with his words and judgement in the same and proceed to other Authorities Master Fitz-Herbert saith that this Terme Coppi-holders is but a new Terme newly found out that in old time they were called Tenants in Uilenage or base Tenure and this saith he doth appeare in the old Tenures for no Coppy-holders are there spoken of although there were at that time such Tenants But then saith they were called Tennats in Vilenage and saith as appeareth 44. Henry 4. If a false judgement be given against them in the Lords Court they shall have no remedy but sue to their Lord by petition because to hold by Coppy of Court Role which is as hee saith base Tenure is to hold in Villenage which said opinion of Fitz-Herbert have beene by divers wrested to make no diuersity betweene Tenure in Villenage and Tenure by Coppy of Court Role or base Tenure wherein whatsoever interpretation may be made Master Fitz Herberts meaning is very plaine and the Booke of the old Tenures is to be farre otherwise understood as also I suppose all other Authorities in our Law doe make and appoint difference betweene the Tenures And first touching the Booke of the old Tenures it is plaine that the Booke maketh a plaine distinction betweene Tenure in Villenage and Tenure in Fee Base which is understood this Tenure by Coppy-hold and calleth it a Fee although a base Fee and maketh diverse distinctions betweene them and sayth that the Tenants in Villenage must doe all such things as their Lord will command them But otherwise it is of the Tenants in Base Fee And this it seemeth the sayd Booke of olde Tenure to be by Mr. Fitzherbert mis-recited which I am the bolder to affirme saving the due reverence to his Learning because one Mr. Thornton of Lincolns Inne a man very learned in his late Reading there upon the Statute of Forger facts Speaking of Forging Court Roles did playnly affirme the Booke of the olde Tenures to be mistaken by Mr. Fitzherbert in this poynt And besides for the further credite of Coppy-holds we ought to consider the great Authority of Mr. Littleton who amongst the rest of his Tenures doth make a
make this good If Ordinances or by Lawes bee newly made and Recorded in the Roles of the Court if the Court Roles bee lost the by Lawes be set at liberty yet if there be any ancient customes or priviledges by Prescriptions not entred in the Roles c. though the Roles be lost yet they remaine good WHO SHALL BE SAID such a Lord of a Mannour as hath power to grant a Coppy-hold A Lord to grant or allow a Coppy-hold must be such a one as by Littletons definition is seised of a Mannour so that he must be in possession at the time of the grant for although hee have good right and title yet if he be not in possession of the Mannour it will not serve and on the other side if hee bee in possession of the Mannour though hee have neither right nor title thereunto yet in many cases the grant and allowance of such a Coppy is good as Donus de facto sed non deiure And in some cases a Coppy-hold shall be adjudged good according to the largenesse of the state of the Lord that granted the same and in some cases shall continue good for a longer time then the estate of granter was at the time of the grant But that is to be understood in case of necessity otherwise it will not be allowed If a man seised of a Mannour in which are divers Coppy-holds demisable for lives is deseased and the desessor granteth a Coppy-hold being voide for three lives this is not good to binde the Desseased otherwise it is of a Coppy-hold of Inheritance because it is necessary to admit the next heire If a man have a Title to enter into a Mannour for a condition broken and he granteth a Coppy-hold of the same Manour being void at a Court Baron this is a good grant for the keeping of the Court amounteth to an entre in the mannour A man seised of a Mannour for life whereunto bee Coppy-hold Inheritance belonging and one Coppy-holder Surrendereth to the use of a stranger in Fee the Lord may grant this in Fee and this Grant shall binde him in the reversion but the Coppy-holds being demisable for lives it is otherwise for then hee cannot upon Surrender grant the same longer then the life of the Grantor But if the Lord of a Mannour for yeares or during the minority of a Ward of which the Coppy-holds are demisable for three lives successively and not servingly in this case if the Coppyholder dyeth the Lord may grant the same being voide for three lives at his pleasure and this shall binde him in the Reversion or the heire at his full age WHO SHALL BE SAID such a Tenant as may be a COPPY-HOLDER ALthough there seemeth some shew of difference betweene Coppy-holders and Customary Tenants yet differ not they so much in nature as in name for although some bee called Coppy-holders some Customary some Tenants by the Virg some base Tenants some bound Tenants and some by one name and some by another yet doe they all agree in substance and kinde of Tenure though differ in some ceremonies and kinde of serving and therefore the name is not the matter but the Tenure Hee shall bee said a person sufficient to be a Coppy-holder who is of himselfe able or by an other to doe the service of a Coppy-holder as an infant may be a Coppy-holder for his Gardein and prochein any may doe the service so may a feme Covert and her husband shall doe the service But a lunaticke or Ideot cannot bee a Coppy-holder because they cannot doe the service themselves nor depute any other and the Lord shall retaine the Coppy-hold of an Ideot and not the Queene A Bond-man or aliene borne may bee a Coppy-holder and the King or Lord cannot seise the same But a man cannot bee a Coppy-holder unto a Mannour whereof hee himselfe is Lord although hee bee but Dominus pro termino annorum or in Iureuxoris WHAT SHALL BE SAID such Lands or other things as demisable by Coppy and may be holden by Coppy IT may bee said of Coppy-hold Lands as is afore said of the Tenants they may differ in name but not in nature As some called Coppy-hold Lands some customary Lands some bound Lands some base Lands some ancient Lands some demeasne Lands some encrease Lands some Mollendes some waste Lands some warke Lands some loose Lands and some Vierge Lands And although Coppy-hold Lands be specially so called because it is holden by Copdy of Court Role Customary Lands because of some speciall Custome Bond Lands because of the bond Tenure Base Lands because of Base Tenure ancient Lands because of the old demise demeasne Lands because of its new demise and late being the Lords owne Mannour Increased Lands because it is late purchased and laid to the Mannour Mollands because it is holden by easie rents or no rents at all waste Land because it hath beene lately approved out of the waste of the Mannour Worke Lands such as hath common appendant belonging to it Lose Land because it is holden by uncertainty Rents and Verge Land because it is holden by the Veirge Yet al the said lands are holden in one general kinde that is by Custome and Continuance of Time and their diversity of their names doth not alter the Nature of their Tenure It seemeth by Littleton that onely Lands and Tenements are demisable by Coppy And therefore if the Lord of a Mannour will grant the rent charge or the office of Stewardship or Baylewicke of his Mannour by Coppy or a common in grosse by Coppy these bee not good grants because they tye not in Tenure and also because the Custome doth not extend unto them but common appendent to a Tennant of Coppy-hold Lands may bee demised with the Tenant by Coppy Demeane Lands which within time of memory have beene occupied by the Lâ—rd himselfe or his Farmour is not good to â—e granted by Coppy because of the newneâ— of the grant yet by continuance of time it may be good Coppy-hold when the memory of the contrary is worne away as hath beene said before Neither can the Lord that granted such a Coppy put out his Coppy-holder during his life that granted the same because hee should not bee received to disable his owne grant If a Coppy-holder doe Surrender his coppy-hold into the Lords hands meerely to the use of the Lord I doubt whether the Lord may grant this againe by Coppy as hee may where it comes unto him by forfeiture or by escheat because it is made percell in demeasne by his owne acceptance and not by the Act of the Law quaere Note that neither the Statute of West 2. de bonis Conditionalibus nor any other Statute that hath not Coppy holds named in it doth extend to Coppy-hold Lands as the Statute Staple 27. Ed. 3. nor the Statute of Heresie 2. Hen. 5. nor the Statute of Will 32. Henry the eight nor the Statute of Limitation made the same yeare as is how
without his assent and perhaps it is not agreeing to his conscience and therefore it is not properly a not doing or deniall to doe his duty Quaere If there be 12. and 11. agree and the twelfth will not for it is not a full Jury Pasche 20. Eliz. Co. Bank ve 3. Ed. 3. Verdict 10. ou 11. 29. Ed. 3. ibid. 45. 12 Hen. 4. 10. Sherne WHAT OFFICE OR POWER entirely or dividedly the Lord Steward Free-holders Coppy-holders and the Bayliffs have in the Court Baron ALthough the Lord the Steward the Free-holders the Coppy-holders and the Bayliffes of every Mannour have an intermixt and joynt office and authority in some cases and to some purposes yet to other purposes their office is distinct and divided and every of them doth occupy severall places persons and parts The Lord is chiefe to command and appoynt to the Steward to direct and record the Free holder affirre and judge the Coppy-holders to enfirme and present the Bayliffe to attend and execute c. And all these together make a perfect execution of Justice and Judgements in a Court Baron and without all these a Court Baron cannot be holden in his proper nature in respect of all causes belonging to the perfect jurisdiction of a Court Baron And yet a Court Baron may be held by use and custome for some Coppyhold causes though it want one of the said parties viz the Free holders and there in Coppy-hold cases the Steward doth supply the place of a Judge But no other of the parts aforesaid except the Free holders can be missed or spared in a Court Baron But to make some more particular demonstration of their distinct authorities and offices And first the Lord as hee is chiefe in place so is hee in Authority and occupieth three severall Romes the one of a Chancelour in cases of equity the other of a Justice in a matter of right the third of himselfe in Cases proper and particular to himselfe The Steward doth occupie the parts of severall persons that is to say Judge and order in cases of Coppy-hold and also a Minister and Register to enter things into the Court Roles and in both these to bee indifferent betweene the Lord and his Tenants The Free holders doe likewise fulfill two parts that is to effect judge amercemetns and also to returne and certifie judgements The Coppy-holders also doe hold two severall roomes viz. to enforme offences committed against the Lord within that Mannour and to present such things as shall be given Charge by the Steward The Bayliffe doth also occupie two parts that is to say to execute the proces and Commandments of the Court and also to returne into the Court the Execution of the same proces 6. Ed. 6. Bract. No. case 84. pli 387. the under-steward in Court without authority of the L. or of the high-steward may demise Copy-hold it is a good grant for it is in full Court but contrary it is if it bee out of Court Quaere if the high steward without authority may demise out of Court Finis Lecturae Calthrop A Coppy-holder being indebted doth surrender to his creditor upon trust that hee shall have the Land to satisfie himselfe of the debt and then to be surrendred backe againe unto him And after the debt levied the creditor wil not surrender whereby according to the custome of the Mannour the Tenant pursues an English Bill to the Lord in his Court by which the trust is prooved by deposition the Lord seiseth the Land to the use of the first Coppy-holder until c. And Wray was of opinion that hee may well so doe for he hath no other remedy for the Lord cannot imprison him as the Lord Chancelour of England may doe and that the custome of deposition is good though some doe doubt but Gawdy agrees but hee saith that the Lord cannot retaine and keepe the Land and if hee should so doe the other shall have a Subpena whereunto Wray agreeth that hee cannot retaine the Land but seise it and grant it over which without seising hee cannot doe 25. Eliz. B. upon the motion of Cooke who said that 14. Hen. 4. 39. and Fitz. B. 1â— are according to their opinions For a Coppy-holder shal not have a Writ of Error not false judgement upon a judgement against him in Court of the Lord but hee shall sue by bill and thereupon the Lord shall reseise the Land upon false judgement given by the Steward and shall make restitution If one recover a debt by plaint in Court Baron those of the Court have not power to make execution to the Plaintiffe of the defendants goods but they may distraine the defendant and after the judgement retaine the distres in their hands in safegard untill the Defendant hath satisfied the Plaintiffe of that wherein hee is condemned by the Court 46. Hen. 6. 17. See the booke of Entrees Fol. 166. 7. Hen. 4. 27. In replevin the defendant said that one Edward Besall brought a writ of Droit close against the plaintiffe and one other in the Lords Court in ancient demeasne and declared in nature of Assize and it was found against the plaintiffe and damages were taxed whereby the defendant being then under-Bayliffe by the Stewards commandement takes the beasts for execution of the damages and takes and sells them and delivers the monies to the plaintiffe in Assize this is a good plea and yet this is but a Court Baron And Fol 29. by Hull A man recovers ancient Demeasne-Lands and damages in a Court of ancient Demeasne the Bay liffe may take the beasts of him against whom the recovery is c. for execution of Damages in every parcell of the Land holden of the Mannour although that Land bee Frank-fee and it is not denyed 22. Assise 72. agrees with 4. Hen. 6. mes Kitch 115. where it is used to make execution by levari facias that is a good Custome 38. Ed. 3. Custome 133. upon a recovery in Court Baron the defendants Cattle were delivered in execution WHERE A TENANT BY Coppy may plead a speciall Custome which is onely proper to him and his predecessors before him NInth Eliz. Taverner was sued by the Lord Cromwel for that he had committed waste upon his Coppy-hold he pleads by the advice of Manwood that he and those who before him had the house wherein hee dwelt had such a Custome by Prescription that they might fell Timber trees c. And many arguments were against that Custome in as much as other Tenants of that Mannour had not such a Custome but were punishable and had forfeited their Lands for such waste also that Custome was against common right and not reasonable and after long deliberation of the Judges it was adjudged that a Tenant may plead a particular Custome as if one prescribe to have a way in the Lords Land c. And 19. of Eliz. one prescribed that he those of that Tenement his predecessors had used to have
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