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
Writeth
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
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.
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
,
Aston
.
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
Custome
to
maintaine
Coppy-holders
.
It
is
to
bee
noted
,
that
although
a
Mannour
of
his
proper
ought
to
consist
of
demeanes
and
services
,
yet
in
some
cases
that
may
bee
a
Manour
,
and
maintaine
Coppy-holders
,
and
a
Court
Baron
,
by
usage
and
custome
,
which
otherwise
by
Common
Law
is
no
Manour
,
nor
cannot
so
be
called
,
&c.
A
man
seized
of
a
Manour
,
whereunto
bee
divers
free
Tenants
,
divers
Coppy-holders
,
and
divers
speciall
Customary
Tenants
,
and
the
Customary
Tenants
,
do
hold
to
give
atendance
on
the
Free
holders
at
the
Lords
Court
.
All
the
Free
Tenants
dye
saving
one
,
the
Lord
doth
bargain
and
sell
the
Manour
to
an
Estranger
▪
This
is
now
in
respect
of
the
Free
Tenements
,
a
Tenure
,
and
no
Manour
,
in
respect
of
the
Coppy-holders
,
both
a
Manour
,
and
Tenure
,
and
in
respect
of
the
Customary
Tenements
,
neither
Manour
,
nor
Tenure
.
If
divers
do
hold
Lands
,
to
dine
with
the
Lord
every
Sunday
in
the
yeare
;
this
maketh
neither
good
Tenure
,
nor
Manour
.
But
if
they
hold
to
wait
on
the
Lord
every
Sunday
at
dinner
,
and
to
dine
with
him
;
this
maketh
a
good
service
,
but
no
good
Tenure
.
If
divers
doe
hold
Lands
by
Coppy
of
the
Mannour
of
D.
and
so
have
done
time
out
of
minde
,
and
by
the
like
time
there
hath
beene
no
Free
holders
to
the
said
Mannour
,
Although
this
be
no
Mannour
in
his
proper
nature
,
yet
by
usage
it
is
a
good
Mannour
to
maintaine
Coppy-holds
.
A
man
seised
of
a
Mannour
,
which
time
out
of
minde
hath
beene
called
by
the
name
of
the
Manour
of
S.
and
doth
demise
the
same
by
the
name
of
the
Mannour
of
S.
this
is
good
.
If
a
man
seised
of
a
Mannour
,
whereto
be
six
Free
holders
,
and
six
Villaines
Regardants
:
The
sixe
Free
holders
dye
having
Issue
sixe
daughters
,
the
Villaines
enterrary
with
them
,
yet
the
same
is
a
Mannour
,
and
the
villaines
thereto
regardant
.
If
a
man
seised
of
a
Mannour
,
whereto
hee
hath
Leet
,
and
wrecke
of
the
sea
by
prescription
,
all
the
Tenancyes
Escheate
,
yet
the
Leete
and
the
wrecke
still
remaine
,
and
it
is
a
Mannour
to
that
purpose
.
If
divers
doe
hold
Lands
by
prescription
to
finde
the
Lords
mans
meat
,
and
hounds
meat
,
when
hee
commeth
to
hunt
the
Fox
in
the
said
Lands
;
this
maketh
a
good
Tenure
,
but
no
good
Mannour
:
If
divers
do
hold
Lands
to
doe
suit
and
service
at
the
Lords
Court
,
This
is
most
properly
such
service
as
maketh
a
Mannour
:
but
if
it
be
to
doe
suit
and
service
at
the
Lords
Couri
,
when
it
pleaseth
themselves
,
this
is
neither
Mannour
nor
Tenure
.
If
divers
doe
hold
Lands
to
repaire
a
High
way
within
a
mile
compasse
,
without
the
bounds
of
the
Lord
of
the
Mannour
,
this
makes
a
good
Tenure
,
but
no
Mannour
.
But
to
repayre
or
mend
the
wayes
within
the
Precinct
of
the
Mannour
,
is
good
to
enlarge
the
Mannour
.
If
divers
doe
hold
Lands
to
pray
for
the
prosperous
Estate
of
the
Lord
and
his
Heires
;
this
maketh
a
Tenure
,
but
no
good
Mannour
.
If
divers
doe
hold
Lands
of
the
Lord
to
wayte
upon
him
at
twenty
dayes
warning
,
twenty
miles
distant
from
the
Mannour
,
this
maketh
a
good
Service
,
but
no
good
Tenure
.
But
if
it
be
to
wayte
upon
the
Lord
within
the
sayd
Mannour
,
by
certayne
space
,
this
maketh
both
a
good
Tenure
,
and
a
good
Mannour
.
If
divers
holde
Lands
to
beate
or
kill
the
Lords
Tenants
that
shall
doe
Trespasse
on
the
Lords
Demeasnes
,
this
is
neyther
good
Tenure
nor
good
Mannour
.
But
if
it
be
to
beate
and
kill
the
Kings
enemies
,
that
shall
doe
so
,
this
maketh
both
a
good
Tenure
,
and
a
good
Mannour
.
If
Divers
hold
Lands
by
Prescription
to
do
Service
to
the
Lord
,
to
his
Court
of
the
sayd
Mannour
,
twenty
miles
distant
at
a
place
certaine
.
This
is
both
a
good
Tenure
and
a
good
Mannour
.
But
if
it
be
to
do
Service
to
his
Court
at
another
Mannour
,
this
without
Prescription
,
cannot
be
severance
from
the
first
Mannour
.
If
Divers
doe
hold
to
come
to
the
Lords
Court
,
and
there
to
doe
nothing
,
this
maketh
neither
good
Tenure
nor
good
Mannour
.
But
to
come
to
the
Court
,
though
not
to
be
of
the
Homage
;
yet
to
offer
Amersements
,
or
make
Certificates
,
or
any
other
Service
to
the
Lord
,
this
maketh
a
good
Tenure
and
a
Mannour
.
If
any
do
hold
Lands
to
do
Divine
Service
before
the
Lord
and
his
Tenants
in
the
Court-house
,
before
the
beginning
of
every
Court
,
this
maketh
both
a
good
Tenure
and
a
good
Mannour
.
What
shall
be
sayd
,
a
good
Custome
to
be
able
to
maintaine
Coppy-holds
.
A
Custome
to
make
a
Coppy-hold
,
must
be
of
necessity
in
the
same
Mannour
,
where
the
sayd
Coppy-holds
are
so
granted
,
viz.
That
the
same
Lands
are
,
and
time
out
of
minde
haue
beene
onely
Demised
and
Demisable
by
Coppy
of
Court
Role
:
for
otherwise
the
Lord
cannot
grant
it
by
Coppy
,
because
hee
cannot
beginne
a
Custome
at
this
Day
.
But
if
it
have
beene
by
like
time
granted
by
Coppy
,
though
sithence
it
came
to
the
Lords
hands
;
yet
if
the
Lord
never
Demise
the
same
by
Free
Deede
nor
otherwise
,
but
by
Coppy
,
then
he
may
well
grant
agayne
the
same
by
Coppy
,
for
it
is
neyther
the
person
of
the
Lord
,
nor
the
occupation
of
the
Land
,
that
eyther
maketh
or
marreth
the
Coppy-hold
.
But
onely
the
usage
and
manner
of
Demising
the
same
,
for
the
prescription
of
a
Coppy-holder
consisteth
neither
in
the
Land
,
nor
in
the
Occupier
,
but
onely
in
the
Usage
of
the
Demising
.
THE
DIVISION
OF
CVSTOMES
.
viz.
-
Customes
.
-
Prescriptions
.
-
Vsage
,
and
-
Limitation
.
THese
foure
though
they
be
in
some
confounded
Custome
is
where
by
continuance
of
time
,
a
Right
is
obtayned
concerning
divers
persons
in
common
.
Prescription
is
where
by
continuance
of
time
one
particular
person
obtayneth
Right
against
an
other
.
Vsage
is
by
continuance
of
time
the
efficient
cause
of
them
both
.
Limitation
is
where
a
right
may
be
obtained
,
by
reason
of
a
non
claime
,
by
the
space
of
a
certaine
number
of
yeares
,
differing
in
the
Accoumpt
of
time
,
from
custome
and
prescription
.
But
what
measure
of
time
shall
make
a
Custome
;
divers
have
differed
in
opinion
;
some
judging
the
same
to
bee
according
to
the
Computation
of
yeares
,
from
the
time
of
K.
Ed.
1.
untill
the
Statute
of
M.
1.
which
appointeth
the
limitation
in
a
writ
of
right
:
The
accompt
of
which
time
unto
the
said
Statute
,
from
the
said
K.
time
is
76.
yeares
,
others
have
thought
a
hundred
years
maketh
a
prescription
,
because
in
old
time
an
hundred
yeares
was
accompted
a
Fee
simple
.
But
the
true
measure
thereof
according
to
Master
Littletons
Rule
,
is
where
a
Custome
,
or
Usage
,
or
other
things
have
beene
used
,
so
long
as
mans
memory
cannot
remember
the
contrary
.
That
is
,
when
such
matter
is
pleaded
,
that
no
man
then
in
life
,
hath
not
heard
any
thing
,
nor
know
any
proofe
to
the
contrary
.
And
by
this
it
appeareth
that
Customes
,
and
prescriptions
,
resteth
onely
in
the
memory
of
man
,
&
limitation
consisteth
onely
of
a
certaine
time
,
which
hath
a
certain
beginning
and
of
certaine
ending
,
and
is
not
directed
by
mans
memory
,
wherein
is
ment
limitation
of
time
,
and
not
limitation
of
estates
.
If
Lands
have
been
demised
by
Coppy
by
the
space
of
60.
yeares
,
and
yet
there
be
some
alive
,
that
remembreth
the
same
occupied
by
Indenture
,
this
is
not
a
good
Coppy-hold
.
And
if
Lands
have
beene
demised
by
Coppy
but
40
yeares
,
and
there
is
none
alive
that
can
remember
the
same
to
bee
otherwise
demised
:
This
is
a
good
Coppy-hold
,
for
the
number
of
yeares
makes
not
the
matter
,
but
the
memory
of
man
.
And
it
is
not
60.
80.
or
100
yeares
that
maketh
a
Coppyhold
or
a
custome
,
though
it
makes
a
limitation
.
But
such
certaine
number
of
yeares
makes
onely
a
likely-hood
,
or
presumption
of
a
prescription
;
that
is
,
that
it
commonly
happeneth
not
that
any
mans
memory
alive
,
can
remember
alone
such
a
number
of
yeares
.
But
if
any
chance
to
be
alive
,
that
remembreth
the
contrary
,
then
such
prescription
must
give
place
to
such
proofe
.
Custome
hath
certaine
speciall
vertues
in
it selfe
;
which
for
the
more
estimation
thereof
,
I
will
shortly
shew
according
to
certaine
precepts
and
principals
allowed
by
al
Lawes
,
both
by
the
Law
of
God
,
the
Law
of
of
Nature
,
and
the
Law
of
Nations
,
and
by
the
private
Law
of
every
Countrey
:
as
by
the
Law
of
GOD
it
is
said
:
Si
quis
videtur
contentiosus
esse
nos
eiusmode
Consuetudinem
non
habemus
,
nec
ecclesia
Dei
,
which
proveth
that
the
Scripture
,
and
the
Church
of
God
do
atribute
some
what
to
good
customes
,
though
not
to
evill
:
And
by
the
Law
of
Nature
,
Consuetudo
est
altera
natura
.
And
by
the
Law
of
Nations
,
Consuetudo
est
optima
legum
interpres
.
And
by
the
Lawes
of
this
Realme
,
Princes
at
their
Coronation
are
sworne
,
as
well
to
keepe
the
custome
of
this
Land
,
as
the
Lawes
of
this
Land
,
which
Law
doth
attribute
so
much
to
custome
,
that
sometimes
it
is
admitted
to
derogate
from
the
Custome
Law
,
for
Consuetudo
bona
de
clausausitata
et
approbata
,
privat
Communem
Legem
.
WHEREOF
CVSTOME
doth
Consist
.
CUstome
although
it
doth
chiefly
consist
of
continuance
of
time
and
usage
,
yet
it
doth
further
require
seven
other
necessary
properties
,
accident
for
the
maintenance
of
a
good
Custome
:
Which
are
these
.
FIrst
,
it
must
be
reasonable
,
as
it
appeareth
SEcondly
,
it
must
be
certaine
,
as
appeareth
Ed.
3.
13.
Ed.
3.
4.
Dum
fuit
infra
aetatem
.
3.
14.
Ed.
3.
4.
14.
H.
4.
THirdly
,
it
must
bee
according
to
Common
FOurthly
,
it
must
bee
on
good
consideration
.
Hen.
7.
9.
42.
Ed.
3.
FIftly
,
it
must
bee
compulsary
:
42.
Ed.
3.
SIxtly
,
it
must
be
without
prejudice
to
the
King
.
3.
Hen.
6.
Custome
Fits
.
Hen.
2.
22.
Ed.
3.
Prescription
.
40.
SEventhly
,
it
must
bee
to
his
profit
that
claimeth
the
same
.
31.
Ed.
3.
Prescription
40.
et
28.
Usage
is
the
efficient
cause
,
both
of
Custome
and
Prescription
;
for
without
usage
,
there
can
bee
neither
Custome
or
Prescription
,
for
even
as
the
minde
is
to
man
,
so
is
usage
to
Custome
.
And
as
you
see
there
bee
divers
varietyes
of
mindes
in
men
,
so
are
there
many
varieties
of
Customes
as
you
see
varieties
of
Countries
,
and
yet
all
men
perfect
,
and
all
Customes
perfect
:
some
say
that
have
their
mindes
affected
according
to
the
Constitution
of
their
bodies
:
And
so
have
Countries
their
Customes
,
according
to
the
Constitution
of
the
place
;
as
in
Kent
,
and
in
North
Wales
,
because
those
Countries
have
beene
most
subject
to
forraigne
invasions
,
that
euery
man
there
,
may
bee
of
power
for
resistance
.
The
inheritance
for
the
most
part
descend
in
gavell
kind
(
viz.
)
to
every
brother
alike
,
and
in
other
middle
parts
of
the
Realme
for
whom
government
.
Least
equalty
is
best
.
The
inheritance
wholy
descendeth
to
the
eldest
brother
:
And
in
Borough
English
which
is
in
divers
Boroughs
,
because
their
substance
commonly
is
Lands
,
and
in
such
Townes
,
Lands
may
bee
the
better
preserved
then
goods
,
therefore
their
youngest
sonnes
shal
onely
have
their
Lands
,
and
as
it
is
in
those
great
parts
of
the
Realme
,
so
it
is
in
divers
private
parts
and
Mannours
,
and
divers
private
and
special
customes
.
As
some
Mannours
have
Coppy-hold
of
inheritance
,
some
for
life
,
or
liues
:
in
some
Manour
the
Copy-holders
surender
in
one
manner
,
and
in
some
in
an
other
sort
:
In
some
the
Fine
is
Arbitrable
:
And
in
some
Certaine
,
et
sic
in
similibus
.
The
usage
of
every
Custome
doth
not
rest
to
be
yearely
,
daily
,
or
continually
used
,
but
as
the
equality
,
and
the
nature
of
the
thing
whereof
the
Custome
is
,
doth
require
,
as
Custome
Harryots
when
they
fall
,
of
Shacts
and
Foldage
,
in
their
season
of
Common
Estovers
in
their
time
,
and
for
Coppy-holders
,
whose
Fines
are
certaine
,
yet
at
one
time
to
pay
a
greater
Fine
then
at
an
other
,
and
all
these
are
good
Customes
,
though
they
cannot
bee
used
at
all
times
,
for
Customes
may
bee
sometimes
used
,
sometimes
not
used
,
sometimes
altered
,
and
sometimes
not
,
and
therefore
in
Custome
you
may
see
there
is
(
user
,
non
user
)
Abuser
and
interuser
.
User
is
,
when
according
to
time
and
occasion
a
Custome
is
used
.
Non
user
is
when
for
want
of
time
and
occasionor
,
through
negligence
,
or
forgetfulnesse
a
Custome
is
not
used
.
Abuser
is
that
,
which
user
doth
nourish
,
a
Custome
and
non
abuser
tolerate
a
Custome
,
so
doth
abuser
destroy
a
Custome
,
and
yet
in
some
cases
,
a
Custome
may
bee
sometimes
used
in
one
sort
,
and
sometimes
in
an
other
.
And
yet
a
good
Custome
,
if
there
bee
good
considerations
of
the
exchanging
thereof
all
times
,
and
this
I
call
enteruser
.
If
there
be
a
Coppy-hold
,
of
an
Ancient
demeasne
,
and
this
Land
is
forfeited
to
the
Lord
by
waste
,
and
thereupon
a
seisure
awarded
thereof
,
and
yet
the
Lord
doth
suffer
the
Tennant
still
to
occupy
it
,
by
the
space
of
20.
yeares
,
without
receiving
any
rent
for
the
same
,
and
after
grants
the
said
Land
to
the
Tennant
by
Coppy
.
This
grant
is
good
and
a
good
User
of
the
Coppy
hold
.
But
if
after
the
said
seasure
awarded
,
an
Estranger
had
entred
and
Disseised
him
of
his
Land
,
and
made
a
Feofment
in
Fee
thereof
;
And
after
the
Lord
re-entreth
,
and
grants
the
same
againe
by
Coppy
unto
the
first
Tenant
,
this
grant
is
not
good
,
by
reason
of
the
User
of
this
Land
.
If
the
Lord
have
used
at
the
admission
of
his
Coppy-hold
Tenants
,
sometime
to
take
for
a
Fine
two-pence
,
or
sometimes
fourepence
for
an
Acre
,
somtimes
twelve
pence
an
Acre
,
this
User
is
so
uncertaine
,
that
it
maketh
the
Fine
arbitrable
at
the
Lords
will
.
If
the
Lord
of
a
Mannour
have
used
time
out
of
minde
,
to
admit
his
Coppy-hold
Tenants
without
Fine
,
this
usage
shall
binde
the
Lord
,
as
well
as
a
Fine
certaine
.
If
the
Lord
have
used
to
have
certaine
work-dayes
of
his
Tenants
,
and
that
hath
not
been
used
by
the
space
of
twenty
yeares
last
past
;
yet
that
Non-user
is
no
discharge
to
the
Tenants
,
so
that
there
be
any
in
life
that
can
remember
the
same
.
If
the
Tenants
have
used
when
they
sow
their
Lands
,
to
pay
the
Lord
Rent-corne
,
and
when
it
lyeth
in
Pasture
,
to
pay
their
Rents
in
Money
,
this
is
a
good
Inter-user
.
If
the
Tenants
have
used
to
pay
to
their
Lord
every
fourth
yeare
a
double
Rent
,
and
every
sixt
yeare
an
halfe
Rent
,
this
is
a
good
Inter-user
.
If
the
Tenants
have
used
to
have
Common
of
Pasture
in
their
Lords
Woods
,
for
their
Horse-Cattle
,
and
they
put
in
their
Neate-Cattle
,
and
destroy
the
Woods
,
this
is
an
abuser
.
But
yet
it
is
but
Fineable
,
and
no
Forfeiture
of
the
Common
,
which
they
might
have
rightfully
used
:
No
more
then
if
they
have
Common
for
a
certaine
number
of
Beasts
in
the
Lords
Soyle
;
and
they
will
exceed
the
number
;
this
abuse
by
their
Surcharging
,
is
onely
fineable
,
and
no
Forfeiture
.
If
a
man
have
a
Market
to
be
used
one
Day
in
a
Weeke
,
the
Non-user
thereof
is
not
forfeiture
.
And
if
a
man
have
a
Market
to
be
used
on
the
Fryday
,
and
hee
keepeth
the
same
Fryday
and
Munday
,
the
Mis-user
of
the
Munday
is
no
forfeiture
of
the
Fryday
.
If
a
Man
have
a
faire
to
be
used
two
day
and
he
keepes
it
three
dayes
,
this
abuser
is
a
Forfeiture
.
If
a
man
have
a
Faire
for
one
Day
,
and
hee
will
keepe
it
two
dayes
,
and
that
is
presented
in
the
Exchequer
:
If
the
party
being
called
by
Processe
,
do
clayme
both
dayes
by
Patent
,
upon
sight
whereof
it
appeares
he
ought
to
have
but
one
day
by
his
Patent
,
and
the
other
by
Prescription
,
though
the
Prescription
be
found
against
him
,
and
that
Day
lost
,
yet
he
shall
enjoy
the
other
Day
.
If
a
Man
prescribe
to
have
a
Faire
yearely
upon
Bartholmew
day
,
and
if
the
same
doc
fall
out
on
the
Sunday
,
then
to
keepe
the
same
the
next
Day
following
,
this
is
a
good
Prescription
.
If
the
King
doe
grant
to
the
Citizens
of
Norwich
the
Franchises
and
Liberties
that
London
hath
,
and
the
Franchises
and
Liberties
that
Southampton
hath
:
If
the
Citizens
of
Norwich
doe
abuse
one
of
these
Liberties
that
London
hath
;
this
is
a
forfeiture
of
all
those
Liberties
that
London
hath
,
and
of
no
other
.
But
if
the
King
doth
Incorporate
a
Towne
,
and
giue
them
by
the
same
Pattent
Speciall
Franchises
and
Liberties
,
the
abuser
of
the
one
of
these
,
is
a
forfeiture
of
them
all
.
THAT
EVERY
CVSTOME
must
be
reasonable
;
and
what
shall
be
sayd
,
A
reasonable
Custome
.
EVery
good
Custome
is
grounded
upon
good
Reason
,
and
that
shal
bee
sayd
in
Reason
a
good
Custome
,
that
in
reason
is
a
good
Law
;
for
Law
and
Custome
be
of
that
affinity
,
as
both
doth
allow
like
reason
,
and
both
doth
forbid
like
inconveniences
.
And
the
finall
effect
of
both
to
Discusse
and
to
discerne
every
mans
true
right
,
and
to
give
to
every
man
that
which
is
his
owne
.
For
although
Custome
in
some
cases
differ
from
Law
,
and
doth
admit
execution
of
some
Acts
without
some
ceremonies
and
circumstances
as
be
required
by
the
Law
:
yet
the
end
and
effect
of
Custome
is
to
maintayne
the
like
reason
that
Law
doth
,
and
to
avoyde
the
like
inconveniences
.
And
therefore
if
a
Lord
will
Prescribe
to
have
such
a
Custome
within
his
Mannour
,
that
if
the
Beasts
of
any
of
his
Tenants
do
him
any
Transgresse
upon
any
of
his
Demeasnes
,
and
there
be
taken
damagefezant
,
that
then
hee
may
detayne
them
untill
the
owner
shall
satisfie
him
for
his
harmes
,
as
himselfe
shall
require
.
This
is
no
reasonable
Custome
that
he
should
be
his
owne
Judge
.
But
to
Prescribe
,
that
if
any
of
the
Coppy-holders
Beasts
transgresse
,
&c.
That
the
same
be
presented
at
his
Court
,
that
there
should
be
a
forfeiture
of
his
Coppy-hold
,
this
may
be
called
a
reasonable
Custome
.
If
Tenants
of
a
Mannour
will
Prescribe
to
hold
without
paying
any
Rents
or
Services
for
their
Coppy-holds
,
this
is
no
good
Custome
.
But
Prescribe
to
hold
by
Fealty
for
all
manner
of
Services
,
is
good
and
reasonable
If
the
Lord
will
Prescribe
never
to
hold
a
Court
,
but
when
it
pleaseth
himselfe
,
this
is
not
good
.
But
to
Prescribe
never
to
hold
a
Court
for
the
Speciall
good
of
any
one
Tenant
,
except
the
same
Tenant
will
pay
him
a
fine
for
the
same
,
is
good
and
allowable
.
THAT
EVERY
CVSTOME
ought
to
be
certaine
;
and
what
shal
be
sayd
,
a
Custome
certayne
.
THere
is
nothing
more
required
in
all
Lawes
and
Customes
,
then
certainty
;
for
incertainty
in
all
cases
maketh
confusion
,
and
therefore
Law
and
Custome
doth
also
agree
in
this
poynt
,
that
without
some
kinde
of
certainty
,
neyther
Law
nor
Custome
can
be
good
:
for
in
divers
cases
,
where
one
thing
may
be
taken
to
divers
intents
,
and
the
circumstances
of
the
case
such
as
to
which
intent
the
thing
was
done
,
cannot
be
certainly
judged
,
there
the
same
thing
so
doubtfully
done
,
shall
to
all
purposes
be
judged
voyde
.
And
incertainty
of
Customes
and
customary
causes
,
grows
chiefly
three
manner
of
wayes
.
That
is
to
say
,
sometimes
of
incertainty
of
the
Persons
:
Sometime
the
incertainty
of
the
things
,
and
sometimes
the
incertainty
of
the
cause
:
and
in
some
of
these
cases
,
though
there
be
at
the
first
a
Semblance
of
incertainety
;
yet
by
Circumstances
and
Contingents
,
the
incertainties
may
be
turned
into
Certainties
.
As
if
the
Lord
of
the
Mannour
will
prescribe
,
that
whensoever
any
of
his
Coppy-holders
dye
without
Heires
,
that
one
other
of
the
Coppy-holders
of
the
same
Mannour
shall
Till
the
Land
for
the
yeare
following
;
and
therefore
this
is
no
good
Custome
,
because
the
intent
neyther
is
,
nor
can
be
certaine
,
which
of
the
Tenants
shall
performe
this
Service
.
But
if
the
Custome
be
,
that
if
a
Coppy-holder
dye
without
Heire
,
that
then
the
eldest
Tenant
of
that
name
,
of
the
sayd
Mannour
,
shall
have
this
Land
;
this
is
a
good
Custome
,
and
contayneth
in
it selfe
sufficient
certainty
.
If
a
Coppy-holder
doe
Surrender
two
Acres
of
Land
into
the
Lords
hand
,
the
one
to
the
use
of
I.
S.
and
the
other
to
the
use
of
I.
N.
and
doth
not
name
in
certainty
who
shal
have
the
one
Acre
,
and
who
shall
have
the
other
,
the
limitation
of
this
use
is
voyd
,
for
this
incertainty
.
If
a
Coppy-hold
be
Surrendred
to
the
use
of
I.
S.
and
his
Heires
,
untill
hee
shall
marry
A.
G.
and
after
the
sayd
marriage
,
then
to
the
use
of
them
two
in
taile
speciall
,
if
after
they
doe
marry
,
then
is
the
Surrender
to
them
in
taile
,
and
till
then
,
to
him
in
Fee
.
If
the
Lord
will
prescribe
to
have
of
his
Coppy-holders
in
the
time
of
peace
two-pence
an
Acre
of
Rent
,
and
in
the
time
of
Warre
foure
pence
an
Acre
of
Rent
,
this
is
good
Prescription
,
because
there
is
a
good
consideration
of
the
cause
of
this
incertainety
:
But
to
pay
unto
the
Lord
two-pence
an
Acre
Rent
when
hee
will
,
and
fourepence
an
Acre
Rent
when
hee
will
,
this
is
no
good
Prescription
,
because
there
is
neyther
good
reason
nor
consideration
heereof
,
nor
can
it
ever
be
reduced
into
any
certainety
.
THAT
CVSTOME
MVST
bee
according
to
Common
right
:
And
what
shall
be
said
such
a
Custome
,
and
what
not
.
CUstomes
and
Prescriptions
,
must
be
according
If
the
Lord
will
prescribe
to
have
of
every
of
his
Coppy-holders
,
for
every
Court
that
shall
bee
kept
upon
the
Mannour
a
certaine
sum
of
money
;
this
is
no
prescription
according
to
common
right
;
because
he
ought
for
Justice
sake
to
doe
it
gratis
.
And
so
it
is
if
the
Shriefe
will
prescribe
to
have
a
certaine
Fee
,
for
keeping
his
Turne
,
this
is
not
a
good
prescription
.
But
if
the
Lord
will
prescribe
to
have
a
certaine
Fee
of
his
Tennants
for
any
extraordinary
Court
purchased
,
onely
for
the
benefit
of
one
Tennant
,
as
for
one
Tennant
to
take
his
Coppy-hold
,
or
such
like
,
this
is
a
good
prescription
according
to
the
common
right
.
If
the
Lord
will
have
of
any
of
his
Tenants
et
Yaxley
5.
H.
7
19.
B2
.
R.
3.
16
13.
Hen.
7.
16.
D.
St.
47.
2.
Ed.
4.
17.
that
shall
commit
a
pound
Breach
,
a
hundred
shillings
for
a
Fine
,
this
is
good
Prescription
,
but
to
challenge
of
every
stranger
that
shall
commit
a
Pound
Breach
a
hundred
shillings
,
this
is
no
good
prescription
.
If
the
Lord
will
Prescribe
that
every
of
his
Coppyholders
within
his
Mannour
that
shall
marry
his
Daughter
without
licence
shall
pay
a
Fine
to
the
Lord
;
this
is
no
good
Prescription
according
to
common
right
.
THAT
A
CVSTOME
must
be
upon
a
good
Consideration
,
and
what
shall
bee
said
such
a
Custome
,
and
what
not
.
COnsideration
is
a
great
effect
in
all
Lawes
and
Customes
,
and
hath
as
great
an
an
operation
,
as
any
one
thing
belonging
to
the
Law
,
for
in
most
causes
it
onely
guideth
and
directeth
Rights
,
properties
,
uses
,
and
estates
,
sometimes
according
to
the
limitation
,
and
sometimes
contrary
to
the
limitation
,
as
well
in
cases
of
Custome
,
as
in
cases
of
common
Law
;
for
consideration
is
the
beginning
of
all
Custome
,
the
ground
of
all
uses
,
the
reason
of
all
rights
,
and
the
cause
of
all
duties
:
For
without
Consideration
no
Custome
can
have
continuance
;
nothing
is
wrought
by
any
conveyance
,
no
interest
transferred
,
no
right
remooved
,
no
propertie
changed
,
nor
duty
accrewed
.
As
if
the
Lord
of
a
Mannour
will
prescribe
,
that
whosoever
passeth
the
Kings
high
way
,
which
lyeth
through
his
Mannour
,
shall
pay
to
the
Lord
of
the
Mannour
twelve-pence
for
his
passage
.
This
prescription
is
not
upon
good
Consideration
:
But
if
hee
prescribe
to
have
a
penny
of
every
one
that
passeth
over
such
a
Bridge
,
which
the
Lord
of
the
Mannour
doth
use
to
repaire
,
this
is
good
prescription
upon
good
consideration
.
If
the
Lord
will
prescribe
to
have
a
Fine
at
the
Marriage
of
his
Copy-hold
Tenants
,
in
which
the
Custome
doth
not
admit
the
husband
to
bee
Tenant
by
curtesie
,
nor
the
Wife
to
be
Tenant
in
Dowre
,
or
have
her
Widdowes
estate
;
the
prescription
of
such
a
Fine
is
not
good
:
But
in
such
Mannour
where
the
Custome
doth
admit
such
particular
estates
,
there
a
prescription
for
a
Fine
at
the
Marriage
of
his
Coppy-holders
,
is
upon
good
consideration
.
If
a
Coppy-hold
surrender
his
Land
to
the
use
of
I.
S.
so
long
as
I
S.
shall
serve
him
in
such
an
Office
;
if
I
S.
refuse
to
serve
,
his
estate
doth
cease
.
If
a
Coppy-holder
doth
surrender
his
Land
to
the
use
of
a
stranger
,
in
consideration
that
the
same
stranger
shall
marry
his
daughter
before
such
a
day
▪
if
the
marriage
succeeds
not
,
the
stranger
takes
nothing
by
the
Surrenderer
:
But
if
the
Surrender
bee
in
consideration
,
that
the
stranger
shall
pay
such
summe
of
money
,
at
such
a
day
,
though
the
money
bee
not
payed
,
yet
the
Surrenderer
standeth
good
.
If
the
Coppy-holder
in
consideration
of
twentie
pounds
to
bee
payd
by
I.
S.
doth
make
a
Surrender
of
his
Lands
to
N.
R.
this
Surrender
is
to
the
use
of
I.
S.
because
of
the
Consideration
,
expressed
in
the
Coppy
,
and
not
to
the
use
of
N.
R.
But
if
in
the
Coppy
the
use
be
expressed
to
N.
R.
and
no
consideration
mentioned
,
the
use
expressed
shall
stand
against
any
consideration
to
be
averred
.
THAT
A
CVSTOME
MVST
be
compulsary
;
and
what
shall
be
said
such
a
Custome
,
and
what
not
.
CUstome
or
Law
must
be
Compulsary
;
and
not
at
the
liberty
of
a
man
,
whether
he
will
performe
it
or
not
;
for
then
it
were
of
no
force
;
for
all
Customes
and
Lawes
have
their
effect
in
two
poynts
.
That
is
,
in
bidding
that
which
is
just
,
and
in
forbidding
the
contrary
:
So
that
Lawes
and
Customes
are
refrainers
of
liberties
,
and
do
demaund
execution
of
Justice
;
not
that
every
man
should
have
,
or
doe
what
they
would
;
but
that
which
by
Justice
they
ought
,
whereunto
by
duty
of
Law
and
Custome
,
hee
is
compellable
;
for
otherwise
it
were
Voluntary
in
him
,
which
were
to
the
infringing
of
the
Law
and
good
order
:
As
the
Poets
,
Oderunt
peccare
boni
virtutis
amore
,
Oderunt
peccare
mali
formidine
poenae
.
If
the
Lord
will
prescribe
that
every
of
his
Tenants
shall
give
him
ten
shillings
a
moneth
,
to
beare
charges
in
time
of
Warre
;
this
is
no
good
Prescription
.
But
to
prescribe
that
they
ought
to
pay
ten
shillings
,
a
moneth
,
&c.
this
is
good
.
For
payment
is
compulsary
,
but
gift
is
Voluntary
.
If
a
Coppy-holder
doe
Surrender
his
Land
to
the
use
of
S.
so
that
the
sayd
I.
S.
do
pay
him
twenty
pounds
at
such
a
day
.
If
I.
S.
please
to
pay
the
same
,
this
is
an
absolute
Surrender
and
not
conditionall
,
because
the
compulsary
.
But
many
Customes
there
are
which
at
the
beginning
were
Voluntary
,
and
now
by
continuance
are
growne
Compulsary
.
According
to
the
Civill
Law
.
Quae
initio
fuerunt
voluntatis
,
ex
post
fact
fuerint
necessitatis
;
which
also
agreeth
with
the
Common-Law
in
many
cases
,
as
I
have
partly
touched
before
.
THAT
A
CVSTOME
MVST
be
without
preiudice
to
the
King
,
and
by
what
prescription
the
King
shall
be
bound
,
and
what
not
.
THE
King
hath
that
Prerogative
over
his
Subjects
,
that
hee
is
not
tyed
to
time
as
a
common
person
is
,
for
though
a
common
person
may
loose
his
right
by
non
claime
within
a
certaine
time
,
the
Kings
right
is
still
to
be
preserued
,
for
Nullum
tempus
occurrit
Regi
.
Yet
in
speciall
cases
where
the
King
is
not
Intituled
agaynst
such
prescription
by
matter
of
Record
,
there
such
Customes
shall
bind
the
King
.
As
for
example
,
if
a
Coppy-holder
prescribeth
that
he
holdeth
of
the
King
by
Coppy
,
this
is
good
,
and
by
fine
certaine
,
and
not
arbitrable
:
to
have
Waife
and
Strayes
,
and
Wrecke
(
but
not
Cattalla
feloni
fugitorum
,
)
and
vtlagatorum
without
Charters
.
The
Kings
Advowson
shall
never
fall
into
lapse
for
not
presenting
within
sixe
moneths
.
THAT
A
CVSTOME
OVGHT
to
consist
of
perdurablenesse
of
Estate
,
and
of
an
able
capacity
.
TO
those
former
parts
whereupon
I
have
declared
a
good
Custome
to
consist
,
may
be
added
to
eyther
parts
,
viz.
That
he
which
will
claime
by
Custome
,
must
have
a
sufficient
and
perdurable
estate
to
prescribe
;
and
also
in
his
owne
right
,
or
in
some
others
,
a
sufficient
ability
or
capacity
to
prescribe
.
Touching
the
first
,
it
is
to
be
understood
that
hee
which
will
prescribe
,
must
have
a
certaine
and
indefeazable
estate
,
and
not
otherwise
.
As
if
a
Tenant
at
Will
,
or
at
Sufferance
,
after
hee
hath
occupied
the
Land
for
ten
yeares
,
will
prescribe
to
have
the
same
for
ten
yeares
,
this
is
not
good
.
But
a
Tenant
at
Will
after
the
Custome
,
although
he
came
in
at
the
first
by
the
Lords
will
,
yet
doing
and
paying
that
which
hee
ought
,
hee
may
prescribe
to
hold
the
Land
whether
the
Lord
will
or
no
:
And
although
a
Coppy-holder
may
prescribe
in
this
forme
against
his
Lord
,
yet
against
an
Estranger
,
for
a
common
or
such
like
kind
of
profit
,
hee
cannot
prescribe
,
b●t
in
the
right
of
the
Lord
:
neyther
yet
can
a
Tenant
for
life
,
or
for
yeares
,
prescribe
in
the
right
of
their
owne
Estate
onely
,
because
it
lacketh
continuance
to
make
a
custome
or
prescription
(
except
)
in
some
cases
of
necessity
,
the
Lord
of
a
Mannour
,
or
of
a
Patronage
for
yeares
or
life
,
may
grant
a
Coppy
in
perpetuity
or
presentation
for
a
longer
time
then
the
estate
of
the
Grantor
doth
continue
,
and
this
is
admitted
,
causa
necessitatis
,
and
not
Iure
prescriptionis
.
To
the
second
,
Capacity
must
be
in
himselfe
that
doth
prescribe
;
which
Ability
and
Capacity
must
consist
in
the
person
of
him
that
doth
prescribe
:
For
as
prescription
may
be
sometimes
in
respect
of
estate
,
Mannour
,
Lands
,
or
Offices
;
so
may
prescription
sometimes
be
in
respect
of
person
,
which
person
is
not
to
be
understood
of
a
private
person
;
but
of
a
body
Politicke
,
not
that
many
persons
may
prescribe
,
except
the
same
be
incorporate
;
and
to
prescribe
in
respect
of
their
incorporate
Capacity
,
and
not
in
respect
of
their
private
Capacity
.
As
if
the
Inhabitants
of
Dale
will
prescribe
to
have
Common
in
the
Soyle
of
S.
this
is
no
good
prescription
;
for
that
they
be
not
Incorporate
,
they
must
prescribe
that
H.
Lord
of
the
Mannour
of
Dale
,
for
him
and
his
Tenans
within
the
said
Mannour
,
have
used
to
have
Common
within
the
sai
Soyle
:
so
is
it
for
Coppy-holds
,
for
they
must
prescribe
in
the
name
of
their
Lord
,
in
such
a
case
.
If
a
man
prescribe
that
hee
and
his
Ancestors
have
had
such
an
Annuity
,
this
is
not
good
:
But
if
a
Bishop
doe
prescribe
that
hee
and
his
predecessors
have
had
such
an
annuity
this
is
good
.
The
pleading
of
Prescription
must
bee
used
in
forme
of
Law
,
as
other
matters
that
be
pleadable
,
and
forme
must
be
used
(
likewise
)
in
pleading
of
Coppy-holds
,
and
other
Customary
Titles
for
avoyding
of
confusion
and
discord
,
as
well
as
in
other
cases
of
the
Common
Law
,
the
forme
of
pleading
prescription
doth
differ
as
the
quality
of
the
thing
,
whereof
prescription
is
made
,
and
somtimes
doth
differ
,
as
the
persons
doe
differ
which
make
the
prescription
:
As
if
a
Coppy-holder
makes
his
Title
to
his
Land
by
prescription
;
he
must
plead
that
the
same
Land
is
,
and
hath
bene
time
out
of
minde
Demised
and
Demiseable
,
by
the
Coppy
of
Court
Role
;
according
to
the
custome
of
the
Mannour
wherof
it
is
holden
.
If
two
men
as
yonger
brethren
will
make
their
Title
to
Land
in
Gavell-kinde
,
they
must
say
,
that
the
same
Land
is
of
the
Tenure
and
Nature
of
Gavell-kinde
,
which
time
out
of
minde
,
have
bin
parted
and
partable
between
Heires
males
.
So
if
the
yongest
Sonne
maketh
his
Title
to
Land
in
Borough
English
,
he
must
plead
,
that
time
out
of
minde
,
the
Custome
of
the
said
Mannour
hath
bin
,
that
when
,
or
at
what
time
soever
,
a
Coppy
holder
dyeth
Seised
of
any
Coppy-hold
Lands
in
the
same
Mannour
,
having
divers
Sonnes
,
that
the
same
hath
used
Iure
Hereditario
,
to
descend
unto
the
youngest
Sonne
,
&c.
And
as
the
forme
doth
differ
in
the
things
wherof
the
Prescription
is
commonly
made
;
so
doth
it
differ
as
the
Persons
do
differ
,
which
prescribe
as
a
private
person
shall
prescribe
in
him
and
his
Ancestors
,
whose
estate
he
hath
.
An
Incorporate
person
in
him
and
his
Predecessors
.
A
Lord
of
a
Mannour
in
him
and
them
which
were
Lord
of
that
Mannour
.
A
Sheriffe
,
in
him
and
those
which
have
beene
Sheriffes
of
the
same
County
.
A
Steward
of
a
Mannour
in
him
and
those
which
have
beene
Stewards
there
.
A
Free
holder
in
him
and
them
which
have
beene
Stewards
to
the
said
Lord
.
A
Coppy-holder
shall
Prescribe
against
an
Estranger
,
that
the
Lord
of
the
Mannour
,
for
him
and
his
Tennants
at
will
,
have
used
the
like
,
&c.
WHAT
NECESSITY
A
Court
Baron
is
of
,
whereof
it
doth
Consist
,
how
it
is
defined
,
and
what
shall
bee
said
a
sufficient
Court
Role
to
make
a
Coppy-hold
.
EVery
Mauour
hath
a
Court
Baron
incident
to
it
,
of
common
right
,
and
common
necessity
,
and
this
Court
Baron
consisteth
of
foure
speciall
parts
viz.
The
Lord
,
the
Steward
,
the
Tennants
,
and
the
Bayliffe
.
A
Court
Baron
is
defined
to
bee
an
assemblie
of
these
partes
together
,
within
the
said
Mannour
,
to
take
Councell
,
care
,
and
enquire
of
causes
concerning
the
same
Mannour
:
to
see
justice
duely
executed
,
the
acts
and
ordinances
there
done
to
bee
recorded
in
the
Roles
of
the
same
Court
,
which
Roles
are
the
evidence
of
all
ordinances
dutyes
,
customes
,
and
conveyances
,
the
Lord
and
Tennants
of
the
said
Mannour
,
and
are
to
bee
entred
by
the
Steward
or
an
Officer
indifferent
betweene
the
Lord
and
his
Tennants
,
and
the
same
Roles
to
remaine
with
the
Lord
,
thereby
to
know
his
Tennants
,
his
Rents
,
and
his
Fines
,
his
Customes
,
and
his
services
.
And
the
particular
grant
of
every
Coppy-hold
,
to
bee
coppyed
out
of
the
Roles
,
the
coppyes
thereof
to
bee
delivered
to
every
particular
Tennant
,
neither
can
they
make
any
other
Title
to
their
said
Tennements
,
but
by
their
said
Coppy
.
If
the
Lord
of
the
Mannour
having
Coppy-hold
Lands
Surrendred
into
his
hands
,
will
in
the
presence
of
his
Tennants
out
of
the
Court
,
grant
the
same
to
an
other
,
and
the
Steward
entreth
the
same
into
the
Court
Booke
,
and
maketh
thereof
a
Coppy
to
the
grantee
,
and
the
Lord
dye
before
the
next
Court
,
this
is
no
good
Coppy
to
hold
the
Land
.
But
if
the
same
Surrender
,
and
grant
bee
presented
at
the
next
Court
,
in
the
life
of
the
Lord
,
and
the
grantee
admitted
Tenant
,
and
a
Coppy
made
to
him
,
this
is
good
Coppy
.
If
the
Lord
of
a
Mannour
having
ancient
Coppy-hold
in
his
hands
,
will
by
a
deed
of
Feofment
,
or
by
a
Fine
grant
this
Land
to
one
to
hold
at
the
will
of
the
Lord
,
according
to
the
Custome
,
yet
this
cannot
make
a
good
Coppy-hold
.
If
the
Lord
in
open
Court
doth
grant
a
Coppy-hold
Land
,
and
the
Steward
maketh
no
entry
thereof
in
the
Court
Roles
,
this
is
not
good
,
though
it
bee
never
so
publicke
done
,
nor
no
Collaterall
proofe
can
make
it
good
.
But
if
the
Tenant
have
no
Coppy
made
unto
him
out
of
the
Role
,
or
if
hee
loose
his
Coppy
,
yet
the
Roles
is
still
a
sufficient
tytle
for
his
Coppy-hold
,
if
the
Roles
bee
also
lost
,
yet
it
seemeth
that
by
proofe
hee
can
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
Infant
Itin
Covert
Lunatte
Nemy
13.
Eliz.
Dier
301
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
L●rd
himselfe
,
or
his
Farmour
,
is
not
good
to
●e
granted
by
Coppy
,
because
of
the
newne●
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
taken
contra
to
Master
Brooke
in
nov.
●se
426.
But
though
a
gift
in
Taile
of
a
Coppy-holder
,
be
not
conteined
in
the
same
Statute
of
William
the
Second
:
Yet
I
thinke
in
such
Mannour
,
were
time
out
of
minde
they
have
used
to
make
gifts
in
Taile
of
Coppy-hold
Lands
,
there
such
gifts
bee
good
at
this
day
,
and
they
may
make
protestation
in
the
nature
of
Avy
writ
,
as
apeareth
by
Littleton
.
WHAT
SHALL
BE
SAID
a
good
Surrender
.
AS
in
the
conveing
of
Free
Lands
there
is
required
some
ceremony
and
publick
notice
,
so
is
there
in
the
assuring
of
Coppy-holds
necessary
some
publicke
Fact
to
bee
done
therein
,
which
is
the
Surrender
.
In
which
ceremonie
there
is
contained
two
effects
,
the
one
what
is
surrenered
and
to
whose
use
,
the
other
that
it
be
done
with
the
Lords
good
will
,
and
for
that
cause
it
is
surrendered
into
his
hands
.
And
although
of
the
meanes
a
Mannour
of
this
surrender
there
bee
divers
kinds
,
as
within
some
Mannors
to
Surrender
by
the
hand
of
another
Coppy-holder
,
and
in
some
other
to
surrender
into
the
Stewards
hands
,
in
some
to
the
Bayliffes
hands
,
and
some
by
giving
a
yard
to
the
Steward
,
in
some
by
giving
his
hand
,
or
his
glove
,
which
bee
outward
signes
of
his
intent
:
Yet
in
all
these
kindes
the
words
of
Surrender
must
not
bee
divers
,
but
one
or
to
one
effect
,
and
must
bee
either
words
of
Surrender
expressed
,
or
words
of
Surrender
implyed
,
and
therefore
if
a
Coppy-holder
will
bargaine
and
sell
his
Land
to
I.
S.
and
this
is
found
by
the
Homage
,
and
I.
S.
praieth
to
bee
admittted
Tenant
,
yet
the
heire
of
the
Coppy-holder
shall
avoide
the
Admission
,
because
of
the
insufficency
of
the
Surrender
,
taking
by
the
words
of
Bargaine
and
Sale
,
and
not
by
words
of
Surrender
,
opi
.
Sur.
Dier
8.
Eliz.
Lou
ill
dit
.
&
relees
ne
vault
avrer
Come
unsurrender
.
If
a
Coppy-holder
commeth
into
the
Court
,
and
desireth
his
Lord
to
admit
his
sonne
to
bee
Tenant
in
his
fathers
place
,
this
seemeth
a
good
Surrender
to
the
use
of
the
sonne
.
If
a
Coppy-holder
will
in
the
presence
of
other
Coppy-holders
of
the
same
Mannour
,
say
that
hee
is
content
to
Surrender
his
Coppy-hold
Lands
to
the
use
of
I.
S.
this
is
no
good
Surrender
:
But
if
hee
saith
hee
doth
surrender
into
the
hands
of
the
Lord
to
the
use
of
I.
S.
if
the
Lord
will
thereunto
agree
,
this
is
a
good
Surrender
,
whether
the
Lord
will
or
not
.
If
the
Tenant
will
Resigne
his
Interest
in
the
Court
,
into
the
Lords
hands
,
therewithall
for
the
Lord
to
doe
his
will
,
this
is
a
good
Surrender
if
it
be
accepted
.
If
a
Coppy-holder
will
say
he
will
bee
no
longer
the
Lords
Tenant
,
though
these
words
bee
recorded
,
yet
this
is
no
good
Surrender
.
If
a
Coppy-holper
for
life
take
a
new
Estate
for
life
by
Coppy
,
this
is
a
surrender
of
his
first
estate
.
But
if
a
Coppy-holder
for
life
will
take
a
Lease
of
the
same
by
Indenture
for
life
,
this
is
not
a
good
Surrender
of
the
Coppy-hold
:
Quaere
.
If
a
Coppy-holder
commeth
to
the
Lord
,
and
telleth
him
,
that
for
the
preferment
of
his
Sonne
in
marriage
,
with
such
a
mans
daughter
;
his
will
is
to
give
his
Land
presently
to
his
Sonne
,
and
desireth
the
Lord
that
he
would
be
contented
therewith
,
this
is
no
good
Surrender
.
But
if
he
had
said
these
words
in
the
Lords
Court
,
and
the
same
recorded
,
or
found
by
Homage
as
a
Surrender
,
and
so
presented
,
then
this
had
beene
a
good
Surrender
without
any
other
words
of
Surrender
.
THAT
A
COPPY-HOLDER
must
bee
admitted
Tenant
,
and
what
shall
bee
said
a
good
Admittance
of
a
COPPY-HOLDER
.
IF
a
Coppy-hold
descend
unto
a
married
woman
,
and
her
Husband
take
the
profits
Eliz.
Dyer
291.
292.
it
seemeth
that
the
contrary
should
be
the
better
opinion
.
An
entry
before
admittance
is
no
forfeiture
,
If
a
Coppy-hold
be
Surrendred
unto
the
use
of
a
stranger
upon
condition
,
and
the
condition
be
broken
,
the
party
that
made
the
Surrender
may
reenter
and
bee
a
Coppy-holder
to
all
Intents
,
without
any
new
admission
,
for
he
did
depart
with
the
Land
but
upon
a
condition
.
Also
if
a
Surrender
of
a
Coppy-hold
bee
made
to
the
use
of
a
stranger
for
Life
,
and
the
Lord
makes
a
grant
thereof
,
to
the
same
stranger
in
Fee
,
this
shall
not
binde
the
heire
of
the
Tenant
,
but
that
hee
may
enter
after
the
death
of
the
grantee
,
for
hee
tooke
the
Land
by
the
Surrender
,
and
not
by
the
grant
made
by
the
Lord
:
for
the
Lord
is
but
an
instrument
for
the
conveyance
of
the
Land
,
for
if
I
make
a
Surrender
unto
the
Lord
ea
Intentione
,
that
hee
shall
grant
over
unto
such
a
man
,
if
the
Lord
will
not
grant
the
same
,
I
may
then
reenter
,
but
the
stranger
hath
no
meanes
to
enforce
the
Lord
to
grant
the
same
over
unto
him
,
but
hee
may
maintaine
Trespas
against
the
the
Lord
,
if
hee
doth
suffer
mee
to
reenter
,
and
this
is
the
opinion
at
this
day
.
The
Lord
of
a
Mannour
hath
that
prerogative
in
his
Coppy-holders
,
that
no
stranger
can
bee
his
Tenant
thereof
,
without
his
speciall
assent
,
and
admission
,
and
for
that
cause
a
Coppy-holder
shall
not
bee
lyable
to
any
executions
of
Statutes
,
or
recognizances
,
neither
shall
be
Cassets
,
in
debt
or
Formidon
,
neither
are
conteyned
in
any
the
Statutes
afore
named
,
for
if
it
were
,
then
should
the
Lord
be
forced
to
have
a
Coppy-holder
whether
hee
would
or
no
,
which
is
against
the
nature
of
a
Coppyhold
.
And
therefore
a
stranger
can
never
enter
,
though
a
Surrender
made
to
his
use
bee
accepted
,
except
hee
bee
admitted
Tenant
,
but
otherwise
of
the
heire
,
for
hee
may
eater
and
take
the
profits
before
the
Admittance
after
the
death
of
his
father
.
Admittance
may
be
three
manner
of
waies
,
an
expresse
admission
,
by
the
words
entred
into
the
Court
Role
,
viz.
unde
admissus
est
Tenens
,
or
by
acceptance
,
or
implication
,
as
if
the
Lordwill
accept
the
rent
by
the
hands
of
a
stranger
,
third
by
admitting
one
Copy-holder
,
in
some
cases
the
Lord
shall
admit
another
by
implication
to
some
purposes
,
and
to
these
three
may
bee
added
a
fourth
,
which
is
by
the
entry
of
the
Sonne
,
after
the
death
of
his
Father
,
and
the
Tenant
in
Dower
after
the
death
of
her
Husband
,
which
is
Lawfull
without
admission
,
till
the
next
Court
,
and
then
they
must
pray
to
bee
admitted
,
&c.
If
a
Coppy-holder
doe
surrender
his
Land
to
the
use
of
I.
S.
and
the
Lord
doth
grant
the
same
to
I.
S.
accordingly
,
and
thereupon
hee
enters
,
yet
hee
is
no
good
Coppy-holder
,
till
hee
bee
admitted
:
But
if
I.
S.
appeareth
at
the
Lords
Court
,
and
passeth
on
the
Lords
homage
,
or
the
Lord
accepts
his
Rent
or
his
Fine
for
the
same
Coppy-hold
,
now
is
hee
become
a
good
Coppy-holder
without
any
further
Admission
.
If
a
Coppy-holder
surrendreth
his
Land
to
the
use
of
I.
S.
for
life
,
the
Remainder
to
the
use
of
R.
N.
for
life
,
and
the
Lord
granteth
the
same
accordingly
,
and
admitteth
I.
S.
it
seemeth
this
is
a
good
admission
to
R.
N.
that
is
in
the
Remainder
.
A
Coppy-holder
in
Fee
dyeth
seised
,
his
Felston
.
heire
may
make
a
surrender
to
the
use
of
a
stranger
,
without
admission
:
quaere
.
But
if
a
Coppy-holder
surrender
to
the
use
of
I.
S.
this
I.
S.
cannot
surrender
to
the
use
of
a
stranger
,
without
being
first
admitted
him selfe
.
If
a
Coppy-holder
Surrender
all
use
of
the
joyntly
,
and
they
are
admitted
,
if
the
one
of
them
dyeth
,
the
surviver
needeth
not
t●
bee
admitted
againe
for
the
moytie
:
But
if
a
Coppy-holder
having
Issue
two
daughters
,
and
they
are
admitted
,
and
then
the
one
of
them
dieth
,
the
other
must
needs
be
admitted
for
the
other
moyty
,
for
hee
takes
the
same
by
discent
.
L'heire
dun
Coppy-holder
part
prender
profits
avera
accion
de
travers
et
Ferra
,
Post
fratris
sufficicum
deveant
admittance
12.
Eliz.
291.
et
part
faire
lesses
per
ans.
Denby
et
Bullock
.
WHAT
SHAL
BE
SAID
a
forfeiture
of
a
COPPY-HOLD
.
THE
Tenant
by
Coppy
standeth
bound
by
his
Tenure
to
the
Lord
,
that
if
hee
doth
any
thing
to
the
Lords
dis-inheritance
;
or
in
some
cases
if
he
doth
transgresse
the
duty
of
a
good
Tenant
,
he
shall
forfeit
his
Coppy-hold
:
but
because
all
offences
are
not
equall
,
so
likewise
there
are
degrees
of
punnishment
;
for
there
is
a
difference
betweene
offences
done
wittingly
and
willingly
,
and
faults
ignorantly
and
unwillingly
committed
.
And
therfore
some
offences
are
forfeitures
ipso
facto
,
some
are
onely
forfeitures
when
they
are
presented
and
not
before
,
and
some
are
onely
fineable
.
Forfeitures
ipso
facto
are
offences
that
lye
non
fesans
,
and
is
not
apparent
nor
affirmatively
to
bee
proved
without
presentment
.
Offences
Finable
,
are
offences
of
contempt
,
As
if
a
Coppy-holder
will
in
the
presence
,
and
sitting
of
the
Court
Baron
,
say
〈…〉
extort
and
exact
un-due
〈…〉
his
Tenants
,
or
such
〈…〉
,
this
is
onely
Fineable
.
But
〈…〉
and
there
say
,
being
called
forth
to
bee
sworne
of
his
homage
,
that
hee
is
none
of
the
Lords
Tenant
,
this
makes
a
Forfeyture
of
his
Coppy-hold
.
But
if
hee
will
there
say
,
that
hee
will
shortly
demise
away
that
hee
will
bee
no
longer
of
any
of
the
Lords
Coppy-holders
,
this
is
neither
cause
of
Forfeyture
,
not
Fine
.
If
a
Coppy-holder
Sendente
curia
doe
strike
an
other
Coppy-holder
,
or
any
other
stranger
,
this
is
onely
Finable
,
and
maketh
no
Forfeyture
.
If
the
Steward
sheweth
forth
a
Court
Role
to
proove
that
I.
S.
is
a
Coppy-holder
and
this
not
withstanding
hee
will
in
the
Court
say
,
that
hee
is
a
Free
holder
and
sheweth
forth
a
Free
deed
and
claime
thereby
,
and
teareth
in
peeces
the
Court
Role
,
and
publisheth
the
free
deed
,
this
a
cause
of
Fine
and
Forfeyture
.
But
if
the
said
Tenant
will
there
upon
some
Colourable
doubt
,
and
question
which
may
arise
,
whether
hee
bee
a
Free
holder
or
a
Coppy-holder
say
to
the
Steward
,
because
hee
knowes
not
whether
the
rent
that
hee
should
pay
,
bee
Free
rent
,
or
Coppy-hold
rent
,
he
will
pay
it
with
protestation
that
the
rent
may
be
recorded
as
it
shall
fall
out
,
and
with
like
protestation
offer
and
do
his
service
,
though
in
truth
hee
bee
a
Coppy-holder
,
yet
this
deserveth
neither
Fine
or
Forfeyture
.
If
a
Coppy-holder
cannot
pay
his
rent
,
and
will
not
doe
his
service
,
this
offence
is
on
the
Negative
,
and
maketh
no
forfeyture
till
it
be
presented
.
Tenant
per
Coppie
ne
poet
facere
wast
ne
couper
bois
per
vender
mes
pro
reperacontantum
9
Hen
4.
12.
43.
Ed.
3.
32.
.
80.
But
if
a
Coppy-holder
doth
Alien
his
Land
by
Free
deed
,
or
will
commit
waste
,
or
demise
his
Coppy-hold
contrary
to
the
Custome
,
or
will
sue
a
replevin
against
the
Lord
,
for
a
Distr
.
lawfully
taken
for
his
Rent
or
service
due
,
or
disclaime
in
the
Land
being
summoned
to
the
Lords
Court
,
or
will
there
claime
it
as
his
free
hold
,
or
will
in
any
other
Court
untitle
any
other
Lord
unto
it
,
or
bee
attainted
of
treason
or
felonie
,
or
continue
out-lawd
,
or
excommunicate
,
during
the
Lords
Court
,
or
refuseth
to
goe
with
his
Lord
or
other
commissionours
for
that
purpose
in
the
service
of
the
prince
,
to
suppres
Rebells
,
riots
,
or
unlawfull
assemblies
.
All
these
offences
be
apparent
mis-fesance
and
forfeiture
ipso
facto
without
any
presentment
.
But
if
a
Coppy-holder
being
of
the
grand
Inquest
at
the
Assizes
or
Sessions
,
shall
indit
his
Lord
of
any
manner
of
offence
committed
against
the
Prince
or
Lawes
of
this
Realme
,
or
shall
upon
proces
Compulsary
give
evidence
against
his
Lord
,
which
is
in
any
cause
betweene
his
Lord
and
an
other
Common
person
,
or
betweene
the
prince
and
his
Lord
without
compulsary
proces
,
or
shall
make
any
bodily
arest
of
his
Lord
by
the
commandment
of
the
Shriefe
or
other
lawfull
authority
,
or
shall
bring
any
Action
or
Suit
against
his
Lord
in
any
of
the
Queens
Courts
(
except
a
Replevin
case
aforesaid
)
All
these
last
recited
,
be
cause
of
neither
Fines
or
forfeitures
of
any
Coppy-hold
.
Also
a
Coppy-holder
not
claiming
his
Coppy-hold
after
the
death
of
his
Ancestor
within
a
yeare
and
a
day
,
at
the
Court
,
if
any
bee
,
it
is
a
forfeiture
for
ever
per.
opin
Catline
,
Slowelle
Case
372.
ct
c.
il
pesse
dee
bone
custome
in
plusors
Mannors
.
If
Coppyholders
being
on
a
Jury
will
not
finde
the
waste
committed
,
or
will
not
present
things
presentable
,
this
is
a
forfeituer
of
their
Tenures
,
if
they
be
Coppy-holders
;
by
the
opinion
of
Catlin
,
Dier
,
and
Bracton
.
4.
Eliz.
Dier.
211.
pe.
31.
6.
et
7.
Eliz.
233.
b.
9.
Hen.
6.
44.
b.
If
a
Coppy-holder
will
not
be
sworne
to
present
such
offences
as
are
forfeitures
,
this
is
a
forfeiture
of
his
estate
;
so
if
he
alien
,
or
make
Coppy-hold
free
,
for
tenne
pound
,
the
Lord
may
enter
,
for
they
are
willfull
acts
,
for
which
the
Lord
may
enter
without
presentment
,
but
for
negligent
offences
,
as
for
not
doing
of
services
,
or
not
acceptance
of
a
Coppy-hold
after
the
death
of
his
ancestor
,
the
Lord
cannot
seise
without
presentment
of
the
homage
.
And
if
an
infant
within
the
yeare
after
the
death
of
his
ancestor
,
will
not
after
the
Court
holden
and
proclamation
made
,
pray
to
bee
admitted
,
it
is
no
forfeiture
,
unlesse
the
Custome
of
the
Mannour
be
,
that
an
infant
ought
to
forfeit
his
estate
by
such
negligence
,
for
it
is
but
a
claime
at
Common
Law
,
which
bars
not
an
infant
,
which
hath
not
discretion
.
Betweene
Hautrey
and
Buckshire
and
one
of
his
Coppy-holders
.
12.
Eliz.
Rot
96.
If
thirteene
Coppy-holders
bee
sworne
in
a
base
Court
,
and
twelve
agree
to
give
Verdict
,
the
thirteenth
will
not
;
it
is
not
a
forfeiture
,
for
it
is
a
good
verdict
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.
1●
.
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
Common
of
estovers
in
another
Mannour
,
notwithstanding
that
the
other
Tenants
have
not
such
a
Custome
,
and
it
was
good
by
the
advice
of
all
the
Justices
.
WHERE
THE
TENANT
may
cut
downe
trees
,
destroy
houses
by
Custome
,
and
such
like
Customes
,
&c.
FOurth
Ed
6.
Justice
Dalisons
Reports
,
Sanders
and
divers
Justices
;
Tenant
by
Coppy
of
Court
Role
may
prescribe
to
have
Wood
growing
upon
the
Land
.
Montague
,
there
is
such
a
custome
,
and
so
used
in
the
Counties
of
Mid.
Northland
and
other
places
.
Browne
,
it
hath
beene
heere
agreed
of
late
,
that
Tenant
by
the
Custome
may
prescribe
to
suffer
their
houses
to
fall
,
and
to
destroy
their
houses
;
so
also
here
,
wherby
this
is
a
good
Custome
.
Montague
,
I
have
heard
a
Fable
,
that
a
Tenant
by
the
Custome
may
digge
in
the
one
part
of
his
house
,
and
burne
the
other
part
,
by
the
Custome
:
But
if
you
will
agree
that
the
Tenant
by
Custome
shall
have
the
Land
against
the
Lords
Will
,
to
him
and
his
heires
by
the
Custome
;
why
then
may
they
not
by
the
Custome
cut
downe
Wood
?
Sanders
,
I
agree
to
none
of
your
cases
.
Montague
,
surely
in
the
Chancery
it
will
bee
over-ruled
against
you
without
doubt
,
and
it
is
necessary
that
an
Act
of
Parliament
bee
made
upon
it
.
WHERE
AND
HOW
Tenant
by
Coppy
,
may
make
a
Ioynture
to
his
wife
of
the
same
Land
.
A
Stranger
brings
a
writ
of
right
against
the
husband
and
wife
,
in
the
same
Court
where
the
Land
is
by
plea
,
and
the
husband
and
wife
doe
appeare
,
and
the
demandant
doth
Count
against
them
,
and
the
husband
and
wife
doe
defend
,
and
say
that
they
have
more
right
then
the
demander
,
and
offer
to
try
it
by
Battell
;
and
the
demander
and
Tenants
doe
Imparle
,
at
which
day
the
demander
appeares
,
and
the
husband
and
wife
make
default
,
whereby
finall
judgement
is
given
against
them
;
and
at
the
same
Court
the
Recoverer
Surrenders
the
same
Land
into
the
Lords
hands
,
to
the
use
of
the
Husband
and
Wife
,
and
the
heiros
of
their
two
bobodyes
begotten
;
and
it
was
said
that
this
assurance
hath
beene
vsed
1.
Ed.
6.
Dalisons
reports
.
Pell
et
Hikden
:
Trin.
36.
Eliz.
Rot
547.
on
the
Kings
bench
:
Tenant
in
Tayle
,
the
Regis
2.
Coment
.
21.
remainder
in
Fee
,
Tenant
in
Tayle
Surrenders
to
the
use
of
I.
S.
in
Fee
;
I.
S.
suffers
a
Recovery
,
and
vouches
the
Tenant
in
Tayle
,
who
vouches
the
common
vouchee
,
and
by
speciall
Verdict
it
was
found
that
there
was
never
any
recovery
before
in
that
manner
,
and
it
is
not
yet
adjudged
.
Gaw●y
and
Clinch
,
that
the
recovery
can
not
be
a
Barre
,
for
warranty
can
not
be
anexed
to
an
estate
at
will
;
also
he
shall
not
recover
in
value
,
because
of
the
estate
at
will
.
Fenner
and
Popham
chiefe
Justice
to
the
contrary
,
and
that
warranty
may
be
annexed
to
Coppy-hold
Land
,
though
it
bee
an
estate
at
will
of
the
Lord
;
but
as
it
is
an
estate
in
Fee
,
performing
the
services
and
duties
,
the
Law
will
account
them
Tenants
in
Fee
:
Also
recovery
in
value
,
being
but
a
fiction
in
Law
,
le
common
vouchee
shall
bee
accounted
to
have
the
Land
in
value
of
the
Coppy-hold
,
within
the
Mannour
:
and
the
Vouchee
23.
Hen.
8.
Br.
Recovery
in
value
27.
that
such
a
Recovery
is
used
in
ancient
demeasne
upon
a
writ
of
right
,
and
Voucher
over
,
and
that
of
a
Free-hold
there
;
yet
enquire
of
such
a
Recovery
upon
a
plaint
,
there
of
Land
of
Base
Tenure
,
for
that
cannot
bee
warranted
,
&c.
But
in
the
Common
Bench
,
in
trespasse
Comb
,
against
Pears
and
Turner
.
Mich.
36.
et
37.
Eliz.
Rot.
14.
Bromeley
Brittain
Hall
in
Essex
:
Tenant
in
Tayle
of
a
Coppy-hold
suffers
a
recovery
with
Voucher
,
where
no
recovery
was
before
;
the
lesser
enter
,
by
the
Court
,
that
cannot
be
,
but
he
shall
have
a
Formdone
in
discender
;
for
the
recovery
in
Court
Baron
cannot
availe
,
because
a
warranty
cannot
bee
anexed
to
an
estate
which
is
at
the
will
of
the
Lord
.
Also
there
can
bee
no
Recovery
in
value
,
first
because
there
can
be
no
recovery
in
value
of
Lands
out
of
the
Mannour
,
and
the
Coppy-land
is
at
the
Lords
wil
:
Secondly
Coppy-hold
Land
is
granted
by
Coppy
only
;
and
if
by
the
Recovery
the
Tenant
may
have
it
,
the
course
and
Custome
of
the
seignory
would
be
destroyed
,
which
shall
not
bee
:
Thirdly
the
Lord
shall
loose
his
fine
,
and
Fealty
also
;
for
the
Coppy
is
admissus
est
tenens
,
&c.
et
Dat.
Duo
de
fine
pro
tali
ingressu
,
&c.
et
fecit
fidelitatem
.
Fourthly
et
Fiftly
,
Ph.
et
Mar.
A
Coppy-holder
Surrenders
to
the
use
of
his
wife
for
Life
,
the
remainder
to
the
right
heires
of
the
husband
and
Wife
;
the
Wife
dyes
,
the
Husband
survives
:
The
question
is
,
who
shall
hold
the
Land
;
and
it
was
said
that
if
the
Husband
had
no
Issue
by
that
Wife
,
then
his
Heire
shall
have
it
.
CERTAINE
COPPY-HOLD
cases
reported
in
a
cer
taine
BOOKE
.
BUt
it
was
said
there
,
that
if
the
Wife
had
Issue
by
another
H●sband
,
it
was
there
doubted
.
But
it
was
holden
by
the
better
opinion
in
Dier
,
that
the
Husband
and
his
heires
shall
have
the
Land
;
yet
if
the
Husband
had
first
two
sonnes
,
the
heires
of
the
Husband
,
and
the
heires
of
the
Wife
,
shall
have
the
Land
in
Common
,
after
the
decease
of
the
Wife
,
and
for
proofe
thereof
hee
puts
this
case
:
If
land
bee
given
for
Life
,
the
remaynder
to
two
men
and
their
heires
,
they
cannot
have
one
heire
in
the
case
:
if
the
Tenant
for
Life
dye
before
them
in
remainder
they
shall
bee
J●●●etennants
,
and
the
Heire
of
the
surviver
shall
have
all
:
But
if
none
in
remainder
bee
in
life
,
when
the
Tenant
for
life
dyes
,
then
the
heires
of
them
in
the
remainder
shall
hold
in
common
.
Thirty
seventh
Henry
the
eighth
A
Coppy-holder
to
the
intent
to
make
an
assurance
to
his
Wife
,
suffers
another
to
bring
a
Writ
of
right
in
the
Coppy
Court
,
and
they
joyne
the
Battell
,
and
at
the
day
the
Husband
and
Wife
make
default
,
and
finall
judgement
was
given
;
and
after
the
recoverer
Surrenders
the
same
Land
into
the
Lords
hands
,
to
the
use
of
the
Husband
and
Wife
and
their
heires
;
and
a
good
assurance
pur
Cur.
A
Coppy-holder
makes
a
Lease
at
Will
to
another
,
who
commits
Waste
,
Walsh
,
Weston
and
Dier
,
the
Lord
may
enter
,
and
have
Trespasse
against
the
Lessors
his
Tenant
;
and
therefore
it
is
reason
that
hee
shall
bee
recompenced
:
But
the
Lord
shall
have
a
speciall
Writ
of
Travers
,
and
not
vi
and
armis
,
because
the
entry
was
lawfull
.
8.
et
9.
Eliz.
ibid.
The
Lord
Dacres
enters
upon
his
Coppy-holder
,
and
leaseth
it
to
a
stranger
for
yeares
;
the
Lessee
enters
,
and
was
ejected
by
the
Coppy-holder
,
and
hee
brings
a
Writ
of
Electione
firme
:
The
Coppy-holder
pleads
that
the
Lands
are
demiseable
per
Custome
;
and
so
they
were
at
issue
;
and
hee
shewed
in
evidence
a
Coppy
made
13.
Henry
the
eighth
,
by
which
a
Tenant
had
surrendred
the
Lands
,
to
have
and
to
hold
,
&c.
whose
estate
hee
had
,
and
by
another
Tenant
rendring
the
yearely
Rents
,
Customes
,
and
Services
;
and
also
hee
produced
certaine
Witnesses
who
proved
the
Land
to
bee
Coppie
by
the
space
of
69.
yeares
.
The
plaintiffe
,
to
destroy
the
Title
of
that
evidence
,
shewed
certaine
Rentals
that
they
were
Free
Lands
,
&c.
9.
et
10.
Henry
7.
and
not
Coppy
;
and
also
another
Rentall
to
that
intent
,
in
12.
Henry
6.
which
prooved
that
those
Lands
were
leassee
for
twenty
yeares
:
Per
Cur.
this
evidence
doth
not
disproove
the
Coppy-hold
,
for
it
was
not
within
the
time
of
memory
;
but
if
hee
had
shewed
the
Indenture
of
Leasse
made
within
50.
yeares
or
80.
yeares
,
so
that
a
man
might
remember
it
,
then
it
had
beene
good
,
although
the
Statute
of
limitation
extends
not
unto
it
,
by
the
Justices
,
such
evidence
as
prooves
it
to
be
within
time
of
memory
,
is
good
.
Also
by
them
,
if
those
Lands
bee
in
the
hands
of
the
Lord
by
forfeiture
,
Escheat
,
or
Surrender
,
yet
the
Custome
remaineth
;
for
he
may
demise
them
againe
,
and
the
Custome
shall
bee
revived
;
but
by
some
men
,
if
by
Escheat
it
bee
in
the
Lords
hands
,
the
Custome
is
extinct
.
8.
et
9.
Eliz.
Ibidem
.
Addington
Lord
of
Harlow
in
Essex
,
would
encrease
the
Fines
of
his
Coppy-hold
Eliz.
4.
Eliz.
It
was
mooved
by
Manwood
Sergeant
,
if
a
Coppy-holder
in
Fee
in
right
of
his
Wife
doe
Surrender
,
the
wife
being
not
examined
by
the
Steward
,
but
by
some
of
the
Tenants
,
the
Custome
permitting
it
,
the
Husband
dyes
:
Whether
the
Wife
shall
sue
by
plaint
in
Nature
of
a
Cui
in
vita
,
or
may
enter
?
And
by
him
shee
may
enter
,
because
it
is
no
discontinuance
,
for
that
it
is
a
surrender
to
the
Lord
who
hath
the
reversion
,
for
if
a
Tenant
in
Tayle
enfeoffe
him
in
the
reversion
;
it
is
no
discontinuance
;
but
if
she
had
been
examined
,
she
should
have
bin
barred
for
ever
.
And
Dier
,
if
a
Coppy-holder
in
Tayle
surrender
to
the
Lord
to
the
use
of
a
stranger
,
the
Issue
may
bring
a
plaint
in
Nature
of
a
Formdone
in
discender
,
and
purge
the
discontinuance
,
for
it
is
within
the
statute
De
donis
Conditionalibus
,
Lit
Fo.
16.
Com
233.
15
Hen.
8
Br.
tit
.
Tenant
per
Copie
24.
And
by
Manwood
,
no
negative
prescription
may
prevaile
against
a
statute
:
And
the
Common
Law
is
no
other
but
an
ancient
usage
throughout
all
the
Realme
;
and
a
prime
Custome
may
encounter
with
it
,
but
not
with
a
statute
.
And
by
Dier
,
if
after
the
Surrender
the
Lord
admit
the
Wife
againe
,
yet
shee
shall
be
in
by
her
Husband
in
construction
of
the
Law
.
Coppy-hold
of
inheritance
discends
unto
two
sisters
by
two
venters
,
none
of
them
making
entry
,
and
before
the
Court
and
admission
one
of
them
dyes
,
her
heire
shall
have
the
moyty
,
and
not
the
other
sister
,
by
Dier
chiefe
Justice
in
the
Chancery
.
Also
if
a
Coppy-holder
in
Taile
Surrender
to
another
in
Fee
,
who
is
admitted
,
this
is
a
discontinuance
,
and
so
the
Husband
of
his
Wifes
Coppy-hold
:
And
h●
said
,
that
a
remitter
shall
be
of
a
Copy-hold
,
as
it
shal
be
of
a
Freehold
and
inheritance
at
the
common
Law
.
13.
et
14.
Eliz.
In
the
Duch●●
it
was
in
question
;
whether
a
Coppy-hold
may
be
entayled
or
not
?
And
by
Wray
chiefe
Justice
,
and
Manwood
chiefe
Baron
;
the
Tayle
was
not
Fee
simple
at
the
Common
Law
,
if
it
did
not
appeare
by
the
Custome
,
and
that
may
bee
prooved
by
the
Court
Roles
,
or
by
some
other
proofe
that
there
is
a
recovery
by
plaint
of
Formedon
,
or
the
Lands
had
descended
according
to
Land
in
Tayle
,
as
possessio
fratris
shall
not
be
of
it
,
or
that
that
the
Daughter
shall
not
inherit
,
before
the
sonne
which
is
unckle
to
the
same
.
Egerton
was
of
counsell
with
this
case
,
which
was
betweene
Sherington
and
an
other
.
22.
Eliz.
Hanchet
and
Rosse
concerning
land
of
Dicot
in
Stepping
Hackney
,
a
Coppy-holder
of
inheritance
dies
,
the
Lord
grants
the
wardship
of
the
Land
,
during
the
minority
of
the
heire
,
to
the
Wife
being
sole
;
shee
takes
a
Husband
and
dyes
:
It
was
demanded
whether
the
Husband
should
have
it
or
not
?
And
it
seemed
not
,
but
if
it
had
beene
a
thing
in
which
he
had
intrest
to
his
owne
use
,
that
he
should
have
it
,
as
a
Lease
for
yeares
,
the
executor
shall
have
it
without
admittance
of
the
Lord
,
so
the
Husband
shall
have
a
Lease
for
yeares
made
to
his
Wife
,
without
admission
.
By
all
the
Justices
.
17.
Eliz.
If
a
Coppy-holder
in
Fee
take
an
estate
in
Tayle
by
Charter-hold
,
or
take
a
Lease
for
yeares
by
Indenture
,
his
Coppy-hold
is
confounded
.
7.
et
8.
Eliz.
by
Harpour
and
others
;
a
Lessee
for
yeares
of
a
Mannour
may
make
Coppyes
,
(
if
the
Custome
be
so
)
to
a
man
and
his
heires
secundum
consuetudinem
,
&c.
for
if
the
Coppy-holder
in
Fee
dye
,
his
heire
is
in
by
descent
,
and
ought
to
be
admitted
,
or
els
he
shall
compell
the
Lord
to
admit
him
,
for
for
it
is
of
necessity
.
But
Coppies
for
life
or
yeeres
it
is
otherwise
,
for
by
the
death
of
the
Tenant
,
there
is
not
any
that
can
compell
the
Lord
to
make
him
a
new
Copy
if
he
will
not
,
but
hee
may
retaine
the
Land
in
his
owne
hands
,
and
therefore
the
grants
of
such
Coppyes
as
are
expired
,
made
by
a
lessee
for
yeares
,
are
void
.
26.
ELIZ.
FIrst
,
Land
Demiseable
,
by
Coppy
in
the
time
of
Richard
the
second
,
is
perfect
Coppy-hold
;
so
if
it
bee
demised
by
Coppy
15.
or
16
yeares
.
Secondly
,
If
the
Lord
purchase
the
Coppihold
of
his
Tenant
money
,
this
is
clearly
a
surrender
,
and
an
extinguishment
of
the
Coppy
,
and
it
is
not
demiseable
by
Coppy
after
:
But
if
the
Lord
enter
for
forfeiture
without
presentment
found
,
that
is
demiseable
by
Coppy
againe
.
Thirdly
,
If
the
Lord
bring
Trespas
against
a
Coppy-holder
,
who
pleads
that
it
is
Free
hold
,
this
is
a
Forfeiture
,
and
the
Lord
may
enter
.
Fourthly
,
the
Lord
cannot
seise
,
because
his
Coppy-holder
was
sworne
to
give
evidence
against
him
,
for
this
is
no
forfeiture
.
Fiftly
,
if
a
Coppy-holder
disseise
his
Lord
of
other
Land
,
that
is
not
a
forfeiture
of
the
Coppy-hold
.
Sixtly
,
if
a
Coppy-holder
dye
without
heire
,
and
the
Lord
enter
by
escheat
,
this
is
demiseable
by
Coppy
againe
;
but
if
the
Lord
afterwards
doe
make
a
feoffment
,
or
suffer
a
recovery
,
and
after
doe
repurchase
it
,
it
is
not
demiseable
;
but
if
the
Lord
reverse
the
Judgement
upon
recovery
by
error
,
attaint
,
or
deceit
,
and
hath
restitution
,
then
it
is
demiseable
by
Coppy
againe
.
A
disseisin
doth
not
extinguish
the
Custome
,
nor
acts
done
by
the
disseisor
.
Seventhly
,
if
a
Coppy-holder
suffer
a
recovery
by
prescript
at
common
Law
by
collusion
,
or
make
a
Feofment
,
or
bargaine
and
sale
,
and
the
Lord
enters
and
makes
a
lease
for
yeares
thereof
;
the
Land
is
not
demiseable
by
Coppy
againe
.
Eighthly
,
if
a
Coppy-holder
surrender
his
Land
,
to
the
intent
that
a
stranger
shall
have
the
Rent
out
of
it
by
Coppy
;
it
is
no
good
Coppy-hold
Rent
.
Ninthly
,
if
there
bee
two
joyn-tenants
in
Common
of
a
Mannour
;
and
a
Coppy-holder
surrenders
to
the
use
of
one
,
this
is
not
Coppy-hold
Land
.
Tenthly
,
if
the
Husband
and
Wife
bee
joynt-coppy-holders
of
the
purchase
of
the
husband
during
Coverture
,
and
the
Husband
is
attainted
of
Felony
and
dyeth
,
this
is
not
a
Forfeiture
of
any
part
of
the
Coppy-hold
;
but
if
the
purchase
was
made
before
the
coverture
,
then
it
is
a
Forfeiture
of
the
moyty
.
Eleventh
,
If
two
Coppy-holders
exchange
by
licence
,
and
after
the
part
of
the
one
is
recovered
by
an
elder
title
,
he
may
enter
in
the
Land
which
the
other
hath
in
exchange
.
Twelvth
,
If
two
Coperceners
Coppy-holders
make
partition
,
and
the
one
is
impleaded
and
doth
loose
by
just
title
,
and
the
recoverer
enters
into
the
Land
,
shee
cannot
enter
upon
her
sister
,
because
she
did
not
pray
in
aide
for
the
rate
.
A
feme
Covert
Joynt
Coppy-holder
with
another
in
Fee
,
may
surrender
her
moyty
to
the
use
of
her
Husband
and
it
is
good
.
Thirteenth
,
the
Kings
Steward
without
ny
patent
of
his
Office
seiseth
divers
Coppy-holds
,
and
afterwards
the
Lord
Treasurer
and
those
of
the
Exchequer
doe
lease
the
same
Land
for
yeares
;
and
thereupon
it
was
moved
,
whether
Coppies
made
by
the
Steward
without
patent
were
good
?
and
the
Lord
Dier
thought
they
were
good
Copyes
;
but
in
the
Exchequer
the
Barons
were
of
another
opinion
.
Fourteenth
,
a
man
seised
of
a
Mannour
,
to
which
Coppy-holders
for
yeares
and
others
are
belonging
,
hee
deviseth
by
testament
the
same
Mannour
to
a
ceraine
person
for
payment
of
his
debts
,
during
which
time
divers
Coppyes
expire
,
and
the
devisees
grant
new
Coppyes
,
and
afterwards
during
the
terme
,
the
devisees
grant
in
reversion
,
and
a
particular
Tenant
surrenders
in
Court
to
the
use
of
the
grantee
,
and
after
the
wife
of
the
devisor
recovers
in
Dower
part
of
the
Mannour
,
and
hath
execution
of
those
Coppy-holds
assigned
by
the
Sheriffe
for
her
Dower
:
And
it
was
mooved
,
whether
the
Wife
shall
avoid
those
Coppyes
made
by
the
devisees
?
And
Browne
Justice
was
of
opinion
that
no
;
to
which
Weston
agreed
,
for
they
said
,
that
those
are
ordinary
things
,
and
which
must
bee
done
of
necessity
by
force
of
the
Custome
,
and
not
any
deede
or
new
charge
created
by
the
devisees
,
who
are
but
officers
to
execute
the
Custome
which
of
necessity
must
bee
done
,
for
they
cannot
bee
made
by
any
others
who
have
the
possession
of
the
Mannour
;
for
it
hath
beene
adjudged
,
that
such
Coppyes
and
ordinary
things
,
as
presentment
to
a
Church
made
by
a
disseisor
,
or
by
a
Lessee
for
Life
or
Yeares
shall
stand
good
,
and
shall
not
bee
avoided
by
reason
of
the
necessity
:
but
other
charges
created
by
the
Heire
after
the
death
of
the
Huband
,
as
a
Lease
for
yeares
Rent
charge
in
which
there
is
no
such
necssity
,
the
Tenant
in
dowre
shall
discharge
them
,
and
although
the
Wife
shall
bee
adjudged
in
by
her
husband
,
yet
shee
shall
not
have
those
things
which
chance
before
assignment
of
her
dower
.
If
a
wardship
fall
,
or
an
avoidance
of
a
Church
,
or
a
villaine
regardant
hath
purchased
,
and
the
heire
enters
,
or
presents
,
these
things
the
heire
shall
have
,
and
not
the
Tenant
in
Dowre
,
and
it
may
be
that
the
wife
will
never
sue
for
her
dower
,
or
peradventure
she
shall
have
other
Mannours
assigned
her
for
the
same
.
And
as
to
the
reason
,
that
it
is
not
a
thing
of
necessity
to
grant
Coppies
in
reversion
,
yet
they
were
of
opinion
that
because
the
Custome
doth
allow
it
,
it
is
Custome
ley
,
and
therefore
it
may
bee
put
in
execution
:
for
the
Custome
is
annexed
unto
the
Land
,
and
not
unto
the
interest
of
the
Lord
.
But
Wray
said
,
that
of
estates
that
are
to
Coppyholders
and
their
heires
according
to
the
Custome
of
the
Mannour
,
if
such
a
Coppy-holder
dye
without
heire
,
the
Custome
is
determined
.
If
such
a
Lessor
for
life
or
yeares
of
the
same
Mannour
grant
new
Coppyes
,
they
are
not
good
,
and
so
there
is
a
diversity
.
A
man
cannot
devise
that
his
friends
shall
make
Coppyes
or
hold
Courts
,
for
none
shall
make
Coppye
:
but
he
that
is
Lord
of
the
Mannour
,
and
hath
an
interest
.
The
Lord
of
the
Mannour
shall
have
the
government
of
the
Coppy-hold
during
the
infancy
of
his
Tenant
:
Executors
shall
have
a
Lease
for
yeares
of
Coppy-hold
Land
without
any
new
admittance
.
The
Husband
of
a
Wife
that
is
Coppy-holder
for
yeares
,
shall
not
bee
newly
admitted
after
the
death
of
the
Wife
,
nor
bee
tenant
by
the
courtesie
.
Where
inheritance
of
a
Coppy-hold
descends
,
the
heire
may
enter
without
admittance
;
but
it
was
a
doubt
whether
he
should
have
an
action
of
Traverse
against
a
stranger
before
admittance
;
for
before
admittance
he
is
not
properly
Tenant
;
if
such
an
heire
will
not
come
to
the
next
Court
,
the
Lord
may
make
proces
against
him
.
A
Coppy-holder
shall
have
Traverse
against
his
Lord
,
paying
his
Services
and
customes
.
If
erronious
judgement
be
given
against
a
Coppy-holder
in
the
Lords
Court
,
the
Lord
in
his
Court
may
reverse
it
,
for
it
is
not
amendable
in
any
other
place
or
Court
.
If
the
Lesse
of
a
Coppy-hold
commit
waste
and
the
Lord
seiseth
for
forfeiture
;
the
Coppy-holder
shall
not
have
an
action
of
waste
against
his
Lessee
,
as
if
Tenant
for
life
make
a
Lease
for
yeares
,
which
Lessee
maketh
waste
,
and
the
Lessor
recovers
,
the
Tenant
for
Life
shall
not
have
an
action
of
the
Case
,
but
is
without
remedy
;
for
it
was
his
folly
that
hee
would
not
have
a
Collatterall
covenant
of
the
Lessee
that
he
should
doe
no
waste
.
A
Coppy-hold
is
not
forfeit
for
heresie
,
by
the
last
of
2.
Hen.
5.
A
Coppy-holder
is
not
Ter-tenant
,
but
is
Tenant
at
the
Lords
will
;
and
a
Coppi-hold
is
not
bound
by
the
statute
of
Wills
nor
of
Tines
,
nor
of
Limitations
A
Coppy-hold
shall
not
be
extended
by
a
statute
,
Marchant
or
Staple
.
The
Husband
and
Wife
being
seised
of
a
Mannour
to
them
and
the
heires
of
the
Husband
;
hee
grants
a
Rent
charge
out
of
it
,
and
dyes
,
the
Coppy-holder
surrenders
,
the
Wife
makes
another
Coppie
and
dyes
,
the
grantee
shall
distraine
upon
the
Coppy-hold
.
If
the
Lord
of
a
Mannour
hath
a
great
waste
,
and
grants
a
rent
charge
out
of
the
same
,
and
the
Coppy-holders
have
Common
in
the
waste
,
and
they
put
in
their
Cattell
,
the
grantee
shall
distraine
them
,
if
they
cannot
make
prescription
.
If
a
Coppy-holder
surrender
to
the
use
of
another
and
the
Lord
will
not
admit
him
,
nor
make
a
grant
unto
him
,
the
surrender
is
void
.
If
there
be
two
Joynt
Coppy-holders
,
and
the
one
commits
a
forfeiture
,
he
shall
forfeit
but
the
Moyty
.
Lessee
for
yeares
ofa
Coppy-hold
shall
have
an
eiectione
firme
;
by
Plowden
and
others
.
If
there
be
a
Lease
for
yeares
of
a
Mannour
,
and
one
Coppy-holder
purchase
the
reversion
in
,
fee
,
this
is
a
destruction
of
the
Coppy-hold
,
and
the
Lessee
of
the
Mannour
may
put
him
out
,
and
occupy
during
his
terme
.
8.
Eliz.
adjudged
.
A
Coppy-holder
purchaseth
the
Mannour
to
him
and
another
in
fee
,
the
companion
may
occupy
the
Coppy-hold
joyntlyp
resently
14.
Eliz.
Nota
,
it
was
agreed
in
the
common
Bench.
21.
Eliz.
that
the
Bay
liffe
of
a
hundred
or
of
a
base
Court
,
may
take
goods
upon
levari
facias
,
to
give
execution
to
the
plaintife
,
as
well
as
the
Sheriffe
;
yet
they
agreed
that
divers
Bookes
are
against
it
.
4.
Hen.
6.
22.
Two
Joint
Copy-holders
in
Fee
make
a
partition
,
that
is
good
,
and
no
forfeiture
,
nor
alienation
.
12.
Eliz.
agreed
in
duchie
chamber
.
If
a
Coppy-holder
surrender
,
and
then
the
Lord
doth
acknowledge
a
statute
marchant
,
and
after
the
Lord
grants
it
by
Coppy
,
the
Coppy-hold
is
liable
,
for
at
the
time
of
the
knowledgment
it
was
annexed
to
the
free
hold
;
but
if
a
Coppy-holder
acknowledge
a
statute
,
that
is
not
liable
.
If
a
man
enter
with
force
upon
a
Coppyholder
,
he
shall
not
have
forceable
entrey
,
nor
indictment
,
but
the
Lord
shall
have
it
,
and
upon
restitution
to
the
Lord
the
Coppy-holder
shall
enter
.
The
Lord
grants
to
a
Coppy-holder
his
trees
growing
,
or
that
shall
be
growing
upon
the
Land
,
he
may
fell
trees
now
growing
,
and
no
forfeiture
,
by
reason
of
the
dispensation
,
but
he
cannot
cut
the
trees
which
shall
grow
in
time
to
come
.
If
the
disseisor
of
a
Mannour
make
Coppyes
for
life
,
and
the
disseisee
enter
,
he
shall
defeat
them
,
but
of
Coppy-holds
in
fee
before
disseisin
,
and
a
new
●●●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
.
Notes, typically marginal, from the original text
Notes for div A17593-e130
Notes for div A17593-e2520
Notes for div A17593-e2840
Notes for div A17593-e4770
Notes for div A17593-e6640
Notes for div A17593-e7270
Notes for div A17593-e7680
Notes for div A17593-e8970
Notes for div A17593-e9260