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A17593 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 like wise what lord can grant a coppy, and to whom. Published for the good of the lords of mannors, and their tenants Calthrope, Charles, Sir, d. 1616. 1635 (1635) STC 4369; ESTC S107474 36,082 104

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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