Newly
Printed
.
THE
Modern
Conveyancer
;
Or
,
Conveyancing
Improved
:
being
a
choice
Collection
of
PRESIDENTS
on
most
Occasions
.
Drawn
after
the
manner
of
Conveyancing
now
in
Use
.
By
the
greatest
Hands
of
the
present
Age
;
of
which
some
are
still
living
.
Consisting
of
Settlements
of
Estates
upon
Marriages
,
Mortgages
,
Assignments
,
&c.
With
an
Introduction
concerning
Conveyancing
in
General
,
in
large
8vo
.
Printed
for
J.
Walthoe
in
Vine-Court
,
Middle
Temple
.
LEX
CVSTVMARIA
:
OR
,
A
TREATISE
OF
Copy-hold
Estates
,
In
respect
of
the
Lord
,
Copy-holder
.
WHEREIN
The
Nature
of
CUSTOMS
in
general
,
and
of
particular
Customs
,
Grants
and
Surrenders
,
and
their
Constructions
and
Expositions
in
reference
to
the
thing
granted
or
surrendred
,
and
the
Uses
or
Limitations
of
Estates
are
clearly
Illustrated
.
Admittances
,
Presentments
,
Fines
and
Forfeitures
are
fully
handled
,
and
many
Quaeries
and
Difficulties
by
late
Resolutions
setled
.
Leases
,
Licences
,
Extinguishments
of
Copy-hold
Estates
,
and
what
Statutes
extend
to
Copy-hold
Estates
are
explained
.
AND
ALSO
Of
Actions
by
Lord
or
Tenant
,
and
the
manner
of
declaring
and
pleading
,
either
Generally
,
or
as
to
particular
Customs
;
with
Tryal
and
Evidence
of
Custom
,
and
of
Special
Verdicts
.
TOGETHER
With
a
Collection
of
many
CASES
wherein
a
Copy-holder
may
receive
relief
in
the
Court
of
Chancery
.
To
which
are
Annexed
,
PRESIDENTS
of
Conveyances
respecting
Copy-holds
,
Releases
,
Surrenders
,
Grants
,
Presentments
,
and
the
like
.
As
also
PRESIDENTS
of
Court
Rolls
,
Surrenders
,
Admittances
,
Presentments
,
&c.
By
S.
C.
Barister
at
Law
.
LONDON
,
Printed
by
the
Assigns
of
Richard
and
Edward
Atkins
Esquires
,
for
Iohn
Walthoe
,
and
are
to
be
sold
at
his
Shop
in
Vine
Court
,
Middle
Temple
,
adjoyning
to
the
Cloyster
.
1696.
THE
PREFACE
TO
THE
PRACTICERS
OF
THE
LAW
.
SIR
Edward
Coke
in
Bagnal
and
Tucker's
Case
,
in
Brownl.
2
Rep.
is
of
Opinion
,
That
the
third
part
of
this
Realm
is
in
Copy-hold
.
If
we
consider
the
long
and
continued
Series
of
Practice
that
this
Great
Man
was
Conversant
in
,
either
at
the
Bar
or
Bench
,
and
to
whom
persons
from
all
parts
and
corners
of
the
Nation
resorted
,
as
to
the
Oracle
of
the
Law
,
we
shall
not
easily
conceive
his
Judgment
was
not
Temerarious
,
but
rather
that
he
had
good
Reason
for
such
positive
conjecture
:
However
,
it
is
most
certain
,
That
a
vast
number
of
Estates
(
and
those
considerable
too
)
depend
upon
no
other
than
Custom
,
in
point
of
Title
,
and
are
no
other
ways
preserved
in
point
of
Evidence
,
then
by
Copies
of
Court
Rolls
.
Now
we
find
large
and
very
elaborate
Volumes
published
concerning
Estates
and
Tenures
at
Common
Law
,
and
yet
very
little
hath
been
professedly
wrote
upon
this
Subject
,
tho'
so
great
a
part
of
the
Lands
and
Estates
of
this
Nation
are
protected
and
preserved
by
it
;
which
I
the
more
wonder
at
,
for
that
to
know
when
a
Custom
is
good
and
allowable
in
Law
requires
a
more
than
ordinary
skill
,
and
amongst
the
infinity
of
Customs
to
try
them
by
,
and
pertinently
to
apply
them
to
those
four
standing
Essentials
,
Antiquity
,
Continuance
,
Certainty
and
Reasonableness
,
is
a
Work
of
great
Judgment
and
Dexterity
;
besides
Constructions
and
Expositions
of
Grants
and
Surrenders
,
the
Penalty
and
fatal
Consequence
of
Forfeitures
under
an
obstinate
Lord
,
especially
such
as
are
wilful
,
the
nicety
and
variety
of
Customs
,
seem
very
well
to
deserve
a
particular
and
designed
Treatise
.
I
remember
but
two
that
have
professedly
handled
this
piece
of
Learning
,
my
Lord
Coke
in
his
Compleat
Copy-holder
,
and
Mr.
Calthrop
in
his
Readings
,
which
tho'
they
are
done
with
good
Judgment
,
yet
,
as
they
do
totally
omit
many
Titles
which
are
of
great
Use
,
so
they
extend
to
very
few
more
Cases
than
those
which
are
amast
together
in
the
4th
Report
;
since
which
we
have
thousands
of
Cases
Argued
and
Debated
,
and
some
Points
started
which
are
primae
impressionis
;
and
in
truth
it
is
not
fit
to
croud
so
much
excellent
Learning
,
and
of
such
general
Use
into
a
Manual
.
In
this
Treatise
you
will
find
Totum
Domini
&
Totum
Tenentis
.
The
Lord
may
see
his
power
(
tho'
moderated
)
and
the
Tenant
may
understand
his
Duty
and
his
Priviledge
.
For
Tempora
mutantur
;
when
Bracton
and
Fleta
wrote
,
poor
Copy-holders
tempestive
&
intempestive
pro
voluntate
Domini
possent
resumi
&
revocari
.
But
the
Lord
now
is
not
Enthroned
like
a
Grand
Seigniour
,
whose
Proceedings
are
Arbitrary
and
his
Humors
Laws
;
no
,
he
is
a
mixt
Monarch
,
he
is
bound
up
by
the
Customs
and
Constitutions
of
his
little
Empire
.
'T
is
true
,
they
are
Tenants
Ad
voluntatem
Domini
,
yet
this
Will
is
abridged
,
clogged
and
restrained
secundum
consuetudinem
Manerii
.
The
Learning
of
Copy-holds
is
subtle
and
curious
,
in
the
Arguments
and
Pleadings
.
As
for
the
purpose
,
That
great
Question
,
whether
and
how
Copy-holds
may
be
Intayled
,
has
been
Argued
with
great
subtilty
and
penetration
,
as
you
may
read
Popham
,
p.
32.
Gravenor's
Case
.
Cro.
Car.
42.
Rowden
and
Malster's
Case
.
And
in
Carter's
Reports
22.
Taylor
and
Shaw's
Case
.
Now
the
mentioning
of
this
Argument
hath
presented
me
with
an
Answer
to
what
I
foresee
will
be
imputed
as
Faults
to
me
.
In
some
Cases
I
am
thought
too
tedious
,
and
write
a
great
part
thereof
Verbatim
,
and
I
think
I
have
reason
so
to
do
(
tho'
that
is
but
seldom
.
)
The
reason
of
some
Cases
will
ill
bear
abstracting
;
as
,
to
Instance
in
that
Great
Man's
Reports
,
I
mean
my
Lord
Hobart
and
Mr.
Justice
Yelverton's
Cases
.
They
that
can
satisfie
themselves
with
half
a
Case
,
let
them
dabble
in
those
silly
Abridgments
of
Moor
,
Croke
,
&c.
I
was
always
of
this
mind
,
That
in
the
gelding
a
close
and
well
compacted
Argument
,
the
Vigour
of
it
is
in
a
great
measure
dwindled
and
emasculated
.
Another
Crime
perhaps
may
be
,
that
I
cite
one
Case
two
or
three
times
;
and
I
do
so
when
I
meet
with
a
copious
prolifick
Case
,
which
brancheth
it self
into
several
Points
,
I
thought
it
more
Intelligible
and
Methodical
to
Graft
each
Shoot
into
its
proper
Title
,
whether
it
be
a
point
in
Law
,
or
a
Formality
in
Pleading
.
But
not
to
spend
time
in
creating
Apologies
for
Crimes
perhaps
which
I
shall
never
be
accused
,
Gentlemen
,
I
surrender
the
whole
to
your
Use
,
and
hope
thereby
to
gain
Admittance
into
your
favourable
Opinion
.
THE
CONTENTS
OF
THE
CHAPTERS
IN
THE
Ensuing
TREATISE
.
-
CAP.
I.
OF
the
Original
and
nature
of
a
Manor
,
and
of
what
it
consists
.
Of
a
Manor
real
and
by
reputation
.
Of
a
customary
Manor
.
Of
Grants
and
Leases
of
Manors
,
chiefly
respecting
Copy-hold
Estates
,
and
what
shall
be
said
parcel
of
a
Manor
,
and
what
shall
be
said
severance
of
Copy-hold
from
the
Manor
.
-
CAP.
II.
The
notion
and
nature
of
a
Copy-hold
as
to
its
Basis
and
Foundation
.
How
a
Copy-holder
and
a
Tenant
at
Will
at
Common
Law
differ
.
The
general
Maxims
and
Rules
of
Copy-hold
Estates
,
together
with
the
several
differences
and
diversities
,
by
the
perusal
whereof
the
ensuing
Cases
will
be
rendred
the
more
easy
and
Intelligible
.
-
CAP.
III.
The
Priviledge
of
Copy-hold
Estates
.
Priviledges
of
the
Lord
.
Of
the
Tenant
.
Of
Infants
Copy-holders
.
Of
the
Kings
Prerogative
and
Priviledge
in
respect
of
Copy-holds
.
-
CAP.
IV.
The
nature
of
Custom
in
general
,
and
the
general
Maxims
of
it
.
What
things
are
requisite
to
make
a
good
Custom
.
Time
out
of
memory
,
what
,
and
explained
.
What
shall
be
said
an
Interruption
of
Custom
or
not
.
The
unreasonableness
of
Customs
by
whom
to
be
judged
.
Several
particular
Customs
ratione
loci
.
Of
enabling
and
disabling
Customs
.
Of
Customs
and
Prescriptions
,
and
the
different
manner
of
Pleading
them
.
The
several
sorts
of
Prescriptions
,
and
how
and
where
Prescription
must
be
made
,
and
by
whom
.
And
when
a
Custom
shall
be
said
to
be
persued
or
not
.
-
CAP.
V.
Of
particular
Customs
enabling
or
disabling
in
respect
of
the
Lord
,
of
the
Tenant
,
and
of
the
Estate
limited
or
leased
,
and
in
respect
of
Discents
.
-
CAP.
VI.
Customs
of
Manors
as
to
Wives
and
Widows
of
Copy-holders
,
what
are
good
and
what
not
.
And
where
the
severance
of
the
customary
Tenements
from
the
Manor
shall
not
prejudice
the
Copy-holder
.
-
CAP.
VII
.
Customs
as
to
Timber
,
Woods
and
Under-Woods
,
and
what
Prescription
by
a
Copy-holder
to
cut
Trees
,
&c.
shall
be
good
or
not
.
-
CAP.
VIII
.
Customs
as
to
Commons
,
and
where
severance
of
the
customary
Tenements
from
the
Manor
by
the
Lord
,
shall
not
prejudice
,
and
how
the
Copy-holder
in
such
Cases
shall
be
relieved
by
his
Pleading
.
-
CAP.
IX
.
Of
customary
Incidents
or
Collateral
Qualities
of
Copy-hold
Estates
,
and
how
guided
,
with
the
Illustration
of
several
particular
Cases
.
-
CAP.
X.
The
several
sorts
of
Copy-holders
,
and
who
shall
be
said
to
be
customary
Tenants
.
Of
Copy-hold
Burrough
English
.
Of
the
Court
.
Two
sorts
of
Courts
Baron
.
Of
the
Copy-holders
Court.
Who
may
keep
Courts
,
and
to
what
purposes
,
and
where
.
Of
the
Steward
,
his
Office
and
power
of
Deputation
,
and
what
he
may
do
ex
officio
,
or
not
.
-
CAP.
XI
.
What
things
may
be
granted
by
Copy
of
Grants
by
the
Lord
,
Legitimus
Dominus
pro
tempore
.
What
Grants
by
Disseisor
Infant
,
&c.
shall
be
good
,
void
or
voidable
.
Grants
in
respect
of
the
Lords
Person
or
Estate
,
what
shall
be
good
or
not
.
Of
Grants
by
the
King
(
Lord.
)
Who
shall
be
said
a
Lord
sufficient
to
grant
Copies
.
What
amounts
to
a
Grant
,
at
what
place
to
be
granted
.
Of
Grants
by
the
Copy-holder
to
the
Lord
.
-
CAP.
XII
.
Exposition
of
Grants
.
By
what
words
in
Grants
Copyholds
shall
pass
or
not
.
What
thing
shall
pass
by
Grant
of
another
thing
,
as
Appurtenant
or
Incident
.
-
CAP.
XIII
.
Of
Surrenders
.
The
nature
of
a
Surrender
.
General
Rules
and
Diversities
for
the
Explication
.
Of
the
Alienation
of
Copy-hold
Estates
in
general
,
and
of
the
selling
of
Copy-holds
by
Commissioners
of
Bankrupts
in
particular
.
Of
Surrenders
in
Court
.
By
what
words
a
Surrender
will
pass
.
What
amounts
to
a
Surrender
.
Of
a
Surrender
out
of
Court
.
Who
may
take
a
Surrender
out
of
Court
▪
What
Surrender
out
of
Court
is
good
or
not
.
-
CAP.
XIV
.
What
shall
pass
and
by
what
words
in
a
Surrender
.
Of
Attornment
.
The
Construction
and
Exposition
of
a
Surrender
.
Where
no
Use
or
Estate
is
immediately
limited
in
whole
or
in
part
;
and
where
an
Use
is
limited
how
far
the
construction
shall
be
guided
according
to
the
Rules
of
Common
Law
,
or
not
.
Of
use
upon
Use
.
Surrender
to
the
Use
of
ones
Wife
.
Where
a
Surrender
is
void
for
the
uncertainty
.
Of
a
Surrender
to
the
Use
of
a
person
not
in
esse
,
and
of
a
Surrender
to
take
effect
in
futuro
.
-
CAP.
XV.
Constructions
of
Surrenders
as
to
Limitations
of
Remainders
and
Reversions
.
Of
contingent
Remainders
.
Where
the
Heir
shall
be
in
by
Discent
or
Purchase
.
Of
a
Surrender
to
the
Use
of
ones
last
Will
,
and
how
to
be
construed
.
Surrender
upon
Condition
or
Contingency
.
Of
Surrender
before
Admittance
.
Surrender
,
by
whom
and
to
whom
.
By
a
Feme
Covert
Countermand
of
a
Surrender
,
and
what
Remedy
to
force
a
Trustee
to
Surrender
.
-
CAP.
XVI
.
Of
Presentment
,
how
and
when
to
be
made
,
how
to
be
pursuant
to
the
Surrender
.
Of
the
death
of
Surrendror
,
or
cesty
que
use
,
or
of
the
customary
Tenants
before
Presentment
or
Admittance
.
Two
Surrenders
,
and
the
second
first
presented
.
-
CAP.
XVII
.
Of
Admittances
upon
voluntary
Grants
.
Surrenders
and
Discents
.
By
whom
Admittances
upon
Surrender
made
shall
bind
.
In
what
Cases
the
Admittance
of
one
shall
be
the
Admittance
o
another
.
Of
Admittance
by
Attorny
.
Admittance
where
to
be
made
.
Of
Admittance
upon
Discent
.
The
time
of
Admittance
.
What
things
the
Heir
may
do
or
not
do
before
Admittance
.
In
what
cases
,
and
to
what
purposes
the
Copy-hold
Estate
shall
be
in
the
Tenant
before
Admittance
.
In
what
case
the
Lord
shall
be
compelled
to
admit
.
-
CAP.
XVIII
.
Fines
certain
,
uncertain
.
Fines
upon
Discent
or
Purchase
.
Of
excessive
Fines
.
What
Customs
are
good
as
to
payment
of
Fines
.
Of
Fines
as
to
Remainders
.
What
refusal
to
pay
a
Fine
shall
be
a
Forfeiture
or
not
.
How
the
Lord
shall
recover
his
Fine
.
-
CAP.
XIX
.
Of
the
Entayling
Copy-hold
Estates
.
The
different
Opinion
of
the
Judges
,
with
an
Abstract
of
the
Reasons
or
Arguments
how
Copy-holds
are
or
may
be
Intayled
,
and
when
the
Law
setled
as
to
that
point
.
How
such
Copy-hold
Intayls
may
be
barred
.
And
what
Acts
of
a
Copy-holder
may
be
a
Discontinuance
.
-
CAP.
XX.
Of
Leases
of
Copy-hold
Estates
.
Leases
by
the
Lord
,
and
Rent
reserved
,
and
his
remedy
.
Of
Leases
made
by
Copy-holders
.
What
Leases
are
a
Forfeiture
or
not
.
When
a
Licence
to
make
a
Lease
shall
be
said
to
be
pursued
or
not
.
Commencement
of
Leases
.
Leases
,
by
whom
made
.
Bishops
Tenants
in
Tayl.
Infant
.
Of
Rents
.
What
things
are
demisable
by
Copy
.
-
CAP.
XXI
.
Of
Licences
.
What
Licence
shall
be
good
.
By
whom
made
shall
bind
or
not
.
Licence
taken
for
a
Confirmation
.
When
,
and
where
,
and
how
a
Licence
is
to
be
pleaded
specially
.
-
CAP.
XXII
.
What
shall
amount
to
a
Forfeiture
.
Non-fezance
,
Mis-fezance
.
Of
refusal
of
Rent
,
Services
,
&c.
Non-appearance
at
Courts
.
Of
making
Leases
not
warranted
.
What
shall
be
said
a
Covenant
and
so
no
Lease
,
and
so
no
Forfeiture
.
What
alienation
shall
be
a
Forfeiture
or
not
.
Of
Forfeitures
by
Waste
in
Trees
.
By
Attainder
of
the
Tenant
.
What
act
of
the
Husband
shall
forfeit
the
Wives
Lands
or
not
.
Who
shall
take
advantage
of
a
Forfeiture
.
Where
the
Lord
shall
take
advantage
before
a
Presentment
or
not
.
Where
the
Forfeiture
of
one
Copy-hold
shall
be
the
Forfeiture
of
another
,
either
as
to
Estates
or
Persons
.
What
shall
be
a
dispensation
of
a
Forfeiture
;
and
if
the
Heir
shall
take
advantage
of
a
Forfeiture
made
in
the
Life
of
his
Ancestor
.
-
CAP.
XXIII
.
Of
Extinguishment
of
Copy-holds
.
How
Copy-holds
are
destroyed
by
the
act
of
the
Lord
,
or
of
the
Copy-holder
.
Where
and
how
a
right
to
a
Copy-hold
shall
be
estopp'd
or
extinguished
,
by
acceptance
of
a
new
Estate
,
or
release
of
the
old
.
Where
and
in
what
Cases
a
Copy-hold
shall
be
suspended
,
and
revived
or
re-granted
.
-
CAP.
XXIV
.
How
and
where
a
Copy-holder
shall
hold
his
Land
charged
or
not
.
Of
charges
by
the
Lord
Copy-holder
,
as
Dowers
,
Rent-charges
,
Statutes
,
&c.
and
by
whom
they
shall
be
avoided
.
-
CAP.
XXV
.
Of
Harriots
.
The
nature
of
Harriot-Custom
and
Harriot-Service
,
and
how
they
differ
.
What
Customs
for
Harriots
are
good
or
not
.
Where
they
shall
be
apportioned
,
and
by
whose
Acts.
Who
shall
pay
Harriot
or
not
,
and
the
Pleadings
.
-
CAP.
XXVI
.
What
Statutes
extend
to
Copy-hold
Lands
,
and
within
what
Statutes
Copy-hold
Lands
shall
be
contained
by
Construction
of
Law
,
without
express
words
,
and
what
not
,
and
therein
how
Copy-holds
shall
be
barred
by
Fine
and
non-claim
,
&c.
-
CAP.
XXVII
.
Of
Embleaments
.
Who
shall
have
them
,
the
Lord
or
the
Copy-holder
.
-
CAP.
XXVIII
.
What
shall
be
said
a
Disseisin
as
to
Copy-hold
Estates
,
or
not
.
-
CAP.
XXIX
.
Of
Actions
and
Suits
.
What
Actions
may
be
brought
by
the
Lord
,
and
what
Actions
may
be
brought
by
Copy-holders
or
their
Executors
,
against
the
Lord
or
against
Strangers
,
in
respect
to
their
Copy-hold
Estates
and
Priviledges
.
-
CAP.
XXX
.
Of
Copy-holders
being
impleaded
and
impleadable
in
the
Lords
Court
,
and
a
Faux
Judgment
in
the
Lords
Court
,
and
how
and
where
to
be
relieved
.
-
CAP.
XXXI
.
Of
Declarations
of
,
for
and
concerning
Copy-hold
Estates
,
how
to
be
brought
and
laid
,
and
Presidents
in
what
Cases
they
have
been
brought
.
-
CAP.
XXXII
.
Of
Pleadings
.
The
general
Rules
of
Pleading
as
to
Copy-hold
Estates
.
The
different
Forms
of
Pleading
Customs
and
Prescriptions
.
Of
Pleading
in
reference
to
Common
belonging
to
Copy-hold
,
and
when
to
be
pleaded
by
way
of
Custom
,
or
by
way
of
Prescription
.
The
manner
of
Pleading
when
a
Lease
is
to
be
answered
which
is
set
forth
in
the
Avowry
.
Where
in
pleading
the
Commencement
of
the
Estate
must
be
shewed
,
and
by
whom
granted
or
not
.
And
how
a
Licence
must
be
pleaded
by
the
Lessee
.
Prescription
of
Copy-holder
to
be
discharged
of
Tythes
,
how
to
be
pleaded
.
Of
Traverses
,
when
,
how
and
where
to
be
taken
.
Forms
of
Pleading
of
Surrenders
,
Admittances
Estates
in
Fee
,
Tayl
,
for
Lives
,
or
Years
.
Pleadings
of
Presentments
and
Grants
.
Presidents
of
bars
by
Commons
,
Woods
,
Ways
,
Inclosures
,
Forfeitures
,
and
all
other
Pleadings
necessary
for
the
Copy-holder
to
set
forth
his
Title
or
defend
it
.
-
CAP.
XXXIV
.
Evidence
,
Tryal
,
Issue
.
What
shall
be
a
good
Evidence
to
prove
the
Custom
alledged
or
not
.
What
shall
be
tryed
by
the
Jury
,
and
what
by
the
Court
Rolls
.
Who
may
be
admitted
to
give
Evidence
.
When
Issue
is
taken
upon
a
Surrender
,
where
to
be
tryed
.
Venue
.
-
CAP.
XXXIV
.
Of
Special
Verdicts
.
Imperfect
Custom
not
well
found
.
Failure
of
Prescription
.
How
the
Custom
must
be
found
by
the
Jury
.
Presidents
of
special
Verdicts
.
-
CAP.
XXXV
.
How
and
in
what
Cases
Copy-holders
have
been
relieved
in
Chancery
.
-
Presidents
of
Conveyances
respecting
Copy-hold
Estates
,
and
Presidents
of
Surrenders
,
Grants
,
Admittances
,
Presentments
.
Lex
Custumaria
:
OR
,
A
TREATISE
OF
Copy-hold
ESTATES
,
&c.
CAP.
I.
Of
the
Original
and
Nature
of
a
Manor
,
and
of
what
it
consists
.
Of
a
Manor
Real
and
by
Reputation
.
Of
a
Customary
Manor
.
Of
Grants
and
Leases
of
Manors
,
with
respect
to
this
Subject
of
Copy-holds
;
and
what
shall
be
said
Parcel
of
a
Manor
,
or
what
shall
be
said
a
Severance
.
FOR
the
right
understanding
of
the
Law
as
to
Copy-hold
Estates
,
it
's
necessary
to
premise
something
of
the
Nature
and
Notion
of
a
Manor
,
upon
which
they
depend
as
the
Materia
,
though
Custom
is
the
Form
thereof
.
And
I
shall
say
no
more
of
Manors
,
than
what
shall
have
a
direct
influence
upon
the
Explication
of
the
nature
of
Copy-hold
.
Horns
Mirror
,
Lib.
1.
Cap.
de
Roy
Alfred
.
Fulbeck
,
f.
18.
Lambert
,
verbo
Thaine
.
Bacon's
Elements
of
the
Law
,
41
,
42
,
&c.
The
ancient
Kings
of
this
Realm
,
who
had
all
the
Lands
of
England
in
Demesn
(
that
is
,
in
their
own
Hands
,
or
totally
at
their
own
disposal
)
did
grant
a
certain
compass
or
circuit
of
Ground
upon
some
great
Personages
,
with
liberty
to
parcel
out
the
Lands
to
other
inferior
Tenants
,
reserving
such
Duties
and
Services
as
they
thought
fit
,
with
power
to
keep
Courts
,
where
they
might
redress
Misdemeanors
,
within
such
their
Precincts
,
and
decide
Controversies
of
meum
and
tuum
within
their
Jurisdictions
;
these
Lords
and
Noblemen
performing
such
Services
,
and
paying
and
yielding
such
Rents
,
as
the
said
Kings
by
their
Grants
reserved
.
These
Grantees
were
called
Barons
,
and
were
such
as
came
to
Parliament
,
and
from
thence
it
keeps
the
name
of
Court
Baron
to
this
day
,
though
in
process
of
time
,
by
the
Grants
of
such
Barons
,
these
Lands
and
Manors
came
into
the
Hands
of
meaner
Men
by
Purchase
,
&c.
as
it
is
at
this
day
.
And
according
to
this
our
Custom
,
all
Lands
holden
in
Fee
throughout
France
are
divided
into
Feifs
,
and
Arrear-Feifs
;
into
Feifs
or
Knights
Fees
,
and
Mesne
Fees
,
whereof
the
former
are
such
as
were
granted
by
the
King
,
the
second
such
as
the
Kings
Feudatories
do
again
grant
to
others
.
Now
by
Justice
Winch
,
in
his
Argument
in
the
Case
of
Rowles
and
Mason
,
2
Brownlow
,
195.
Manors
are
divided
into
three
sorts
of
Tenures
.
1.
The
first
holds
by
Knight
Service
,
and
this
is
for
defence
of
the
Lord
.
2.
The
second
holds
by
Socage
,
and
this
is
to
Plow
and
Manure
the
Demesns
of
the
Lord
,
&c.
since
turn'd
into
Rent
.
3.
The
third
holds
by
base
Tenure
,
and
these
are
at
the
will
of
the
Lord
,
and
these
were
to
do
Services
,
and
some
had
greater
Priviledges
than
others
,
to
encourage
them
to
perform
their
Services
,
as
it
is
in
Ireland
at
this
day
.
Out
of
these
,
by
length
of
time
and
Custom
,
sprang
up
the
Race
of
Copy-holders
.
For
the
Name
or
Etymology
of
the
word
Manor
,
It
is
a
Maxim
common
in
our
Books
,
Of
what
a
Manor
consists
.
Demesns
,
what
.
That
a
Manor
consists
of
Demesns
and
Services
.
As
for
the
word
Demesns
,
Dominicum
,
or
Domainium
,
it
is
taken
it
two
senses
.
It
is
most
properly
taken
for
those
Lands
which
remain
in
the
Kings
hands
,
and
so
all
Subjects
are
excluded
from
being
seized
in
Dominico
,
and
we
have
little
of
that
now
but
ancient
Demesn
Lands
,
which
are
such
as
were
in
the
hands
of
King
Edward
the
Confessor
.
But
in
a
sense
less
proper
,
Demesn
Lands
may
be
said
to
be
in
the
hands
of
an
inferior
Lord
or
Tenant
,
and
as
my
Lord
Coke
on
Littleton
,
f.
observes
,
the
form
of
Pleading
shews
this
difference
;
for
an
inferior
Lord
or
Tenant
never
pleads
,
That
he
is
seized
in
Dominico
absolutely
,
but
qualified
with
this
addition
,
in
dominico
suo
ut
de
feodo
;
It
was
ingeniously
said
by
Doddridge
,
in
Herns
and
Strouds
Case
,
Latch
,
63.
That
no
Case
resembles
a
Manor
more
than
a
Rectory
:
as
a
Manor
is
intire
so
is
a
Rectory
,
and
the
Glebe
Lands
resemble
the
Demesns
,
and
the
Tythes
the
Services
.
If
I
let
my
Manor
excepting
the
Demesns
,
the
Exception
is
void
,
Winch
p.
23.
So
that
a
Manor
consists
of
Demesns
and
Services
,
for
a
Manor
cannot
be
made
at
this
day
,
because
a
Court
Baron
cannot
now
be
made
;
Now
though
a
Man
cannot
make
a
Manor
at
this
day
,
yet
he
may
make
Gifts
in
Tayl
,
reserving
a
Tenure
and
Suit
of
Court
,
Broke
Tenure
,
102.
A
Manor
,
as
I
said
before
,
may
not
be
made
at
this
day
,
neither
by
a
common
person
,
J.
S.
it
is
now
Appendant
to
that
part
,
Cro.
El.
p.
39.
Morris
and
Smith
.
In
truth
,
Manors
cannot
at
this
day
be
created
but
by
way
of
derivation
,
as
being
derived
out
of
an
ancient
Manor
,
Croke
El.
p.
39.
Morris's
Case
.
A.
seized
of
a
Manor
,
whereof
part
of
the
Tenants
were
Freeholders
and
part
Copy-holders
;
had
Issue
two
Daughters
,
and
dy'd
;
the
Daughters
entred
and
made
partition
of
the
Demesns
only
,
but
the
Services
of
the
Free-holders
and
Copy-holders
remain'd
in
Common
.
By
the
partition
the
Demesns
are
now
become
in
gross
,
and
severed
from
the
Manor
;
and
if
partition
be
made
of
a
Manor
so
,
as
the
Demesns
be
allotted
to
one
Sister
,
and
the
Services
to
another
,
now
the
Manor
is
dissolved
(
or
rather
suspended
;
Leon.
p.
204.
Thetford's
Case
.
By
this
you
see
we
read
in
our
Books
of
two
sorts
of
Manors
.
1.
A
real
and
perfect
Manor
,
such
as
is
before
described
.
2.
A
nominal
Manor
,
a
Manor
by
reputation
,
re
vera
a
Manor
,
yet
it
ought
to
be
in
truth
and
not
reputation
,
which
ought
to
challenge
and
hold
Priviledge
of
a
Manor
,
as
to
have
a
Court
Baron
,
&c.
But
a
Manor
in
reputation
which
is
not
in
truth
a
Manor
,
will
not
pass
by
the
name
of
a
Manor
in
a
Fine
or
Common
Recovery
,
for
they
shall
not
be
taken
by
intendment
,
Croke
Eliz.
524.
Mallet's
Case
.
Of
Customary
Manors
.
A
customary
Manor
may
be
held
by
Copy
,
and
such
customary
Lords
may
keep
Courts
and
grant
Copies
,
and
such
customary
Manor
may
pass
by
Surrender
and
Admittance
,
11
Rep.
17.
Sir
H.
Nevil's
Case
.
And
so
it
is
resolved
in
More
and
Goodgame's
Case
,
Croke
Jac.
327.
That
within
one
Manor
there
may
be
another
Manor
demisable
by
Copy
,
and
within
that
Manor
there
may
be
customary
Tenants
;
for
as
well
as
there
may
be
a
Tenant
at
will
of
a
Manor
at
the
Common
Law
,
so
there
may
be
a
Tenant
at
will
according
to
the
Custom
of
the
Manor
.
Vide
infra
,
sub
titulo
Courts
.
The
King
and
Stafferton
.
Yelv.
p.
190.
mesme
Case
.
The
Manor
of
Haylsham
in
the
County
of
Norfolk
,
is
held
by
Copy
,
and
such
a
Manor
by
Escheat
ceaseth
to
be
a
Manor
.
For
by
the
Escheat
the
Services
be
extinct
,
and
one
Court
Baron
only
shall
be
held
after
the
Escheat
.
But
though
one
Manor
may
be
held
of
another
Manor
,
Vide
infra
,
sub
titulo
Courts
.
For
they
have
a
kind
of
Seigniory
in
gross
,
and
may
keep
a
customary
Court
where
the
Steward
shall
be
Judge
,
and
shall
take
Surrenders
and
make
Admittances
.
Of
Grants
and
Leases
of
a
Manor
,
and
how
Services
shall
pass
,
and
what
and
when
shall
be
said
to
continue
as
parcel
of
the
Manor
,
after
a
Grant
or
Lease
,
and
what
shall
be
a
severance
.
A
man
seized
of
a
Manor
,
leaseth
part
of
the
Demesns
for
Years
or
Life
,
A
man
seized
of
a
Manor
in
the
right
of
his
Wife
,
Leased
part
of
it
for
Years
,
without
his
Wife
;
the
Reversion
thereof
is
not
parcel
of
the
Manor
.
Contrary
if
the
Lease
had
been
made
by
the
Husband
and
Wife
.
By
Feoffment
of
the
Manor
,
the
Services
do
not
pass
without
Attornment
,
Lit.
127.
If
a
man
make
a
Feoffment
of
a
Manor
in
which
are
Tenants
at
will
according
to
the
Custom
,
there
Services
shall
pass
by
the
Feoffment
,
without
their
Attornment
,
Rolls
Abridgment
293.
By
a
Grant
of
all
the
Demesns
,
the
Waste
passeth
,
unless
excepted
,
2
Keb.
558.
North
and
Howland
.
W.
H.
was
seized
of
twelve
Acres
,
holden
of
the
Manor
of
W.
by
Suit
and
Services
,
and
devised
to
the
Defendant
F.
H.
in
Tayl
,
the
remainder
in
Fee
.
After
which
F.
H.
purchased
the
Manor
;
this
being
by
purchase
,
maketh
not
the
Land
parcel
,
but
by
Escheat
it
doth
.
2
Keb.
Holmes
and
Hanby
.
But
this
Case
is
more
clearly
Reported
by
Mr.
Siderfin
,
as
followeth
.
J.
S.
the
Manor
in
Tayl
,
the
remainder
over
:
J.
S.
had
twenty
Acres
in
Fee
,
which
were
held
of
the
Manor
by
Suit
of
Court
,
and
he
being
so
seized
of
all
,
conveys
the
Manor
to
A.
in
Fee
;
Per
Cur.
these
twenty
Acres
shall
not
pass
as
Demesn
of
the
Manor
,
for
if
it
pass
as
part
of
the
Demesns
,
this
ought
to
have
been
so
time
out
of
memory
;
and
there
is
a
diversity
between
Land
Escheated
,
which
comes
in
lieu
of
other
Land
,
and
Land
purchased
as
this
was
,
Siderfin
284.
Holmes
and
Hanby
.
Lands
holden
in
Fee
of
a
Manor
,
are
not
parcel
of
a
Manor
,
but
the
Rents
and
Services
issuing
out
of
it
are
parcel
of
the
Manor
,
Brook
,
Manor
2.22
H.
6.53
.
Pl.
Com.
Bracebridge's
Case
,
423.
Without
express
Grant
,
the
Copy-hold
cannot
be
severed
by
any
distinct
reservation
or
service
,
yet
the
entire
Manor
may
be
held
by
different
Services
,
as
to
the
Demesns
,
After
partition
of
a
Manor
by
Coparceners
,
It
was
cited
by
Richardson
and
Hutton
,
Hetly
,
p.
80.
Norris
and
Isham
.
Neither
is
it
safe
to
bring
Ejectment
of
a
Manor
,
unless
the
attornment
of
Tenants
be
proved
,
Hetly
146.
Warden's
Case
.
Pleadings
.
Unum
Maner
.
parcel
.
alterius
,
Ra.
Entr.
25.271.357
.
Terre
pleded
esse
parcel
del
Mannor
usque
concession'
tali
die
.
1
Rep.
431.
CAP.
II.
The
Notion
and
Nature
of
a
Copy-hold
,
as
to
its
Basis
and
Foundation
.
How
a
Copy-holder
and
Tenant
at
Will
differ
.
The
general
Maxims
of
Copy-hold
Estates
Explicated
,
and
thereby
the
ensuing
Cases
in
this
Book
rendred
more
easy
and
intelligible
.
THE
Stile
of
a
Copy-holder
imports
three
things
,
according
to
my
Lord
Coke
Lit.
1.
Nomen
,
his
Name
,
and
that
is
Tenant
by
the
Copy
of
Court
Roll
,
not
Tenant
by
the
Court
Roll
,
but
Tenant
by
the
Copy
of
Court
Roll
;
and
he
is
the
only
Tenant
in
Law
which
holds
by
the
Copy
of
any
Record
,
Deed
,
or
Charter
,
or
any
other
thing
;
forasmuch
as
the
Title
or
Estate
of
the
Copy-holder
is
entred
into
the
Roll
,
whereof
the
Steward
delivereth
him
a
Copy
,
thereof
he
is
called
a
Copy-holder
.
But
by
the
Custom
of
Godmanchester
in
Huntingtonshire
,
they
pass
their
Estates
,
by
writing
on
wooden
Indented
Tallies
.
2.
Originem
or
Commencement
,
ad
voluntatem
Domini
,
for
originally
he
was
not
but
a
bare
Tenant
at
Will
to
the
Lord.
Quod
quis
tempestive
&
intempestive
resumere
possit
pro
voluntate
sua
&
revocare
,
Bract.
3.
Titulum
,
his
Title
or
Assurance
,
secundum
consuetud
.
Manerij
;
for
the
Custom
of
the
Manor
had
fixed
his
Estate
,
and
assured
the
Land
to
him
,
so
long
as
he
did
the
Services
and
Duties
,
and
performed
the
Customs
of
the
Manor
,
9
Rep.
Comb's
Case
.
Although
a
Copy-holder
had
not
in
Judgment
of
Law
,
but
an
Estate
at
Will
,
yet
Custom
had
so
establish'd
and
fixt
his
Estate
,
that
this
by
the
Custom
of
the
Manor
is
descendible
,
and
his
Heirs
shall
Inherit
it
,
and
therefore
his
Estate
is
not
meerly
ad
voluntatem
Dom.
but
ad
voluntatem
Dom.
secundum
consuetudinem
Manerij
,
so
that
the
Custom
of
the
Manor
is
the
life
and
soul
of
Copy-hold
Estates
;
for
without
a
Custom
,
or
if
they
break
their
Custom
,
they
are
subject
to
the
Will
of
the
Lord
.
And
by
Custom
a
Copy-holder
is
to
have
his
Land
according
to
the
Custom
,
as
he
which
had
Freehold
at
Common
Law
;
as
you
may
see
by
many
Cases
in
4
Rep.
21.
Brown's
Case
.
Copy-hold
at
Common
Law
is
but
an
Estate
at
Will
;
but
the
Common
Law
so
takes
notice
as
to
establish
it
by
Custom
,
that
there
may
be
a
possessio
fratris
of
it
,
and
he
may
have
Trespass
against
his
Lord
.
And
as
Copy-hold
is
created
by
Custom
,
it
is
guided
by
Custom
.
A
Copy-holder
doth
not
derive
his
Estate
out
of
the
Estate
or
Interest
of
the
Lord
only
,
for
then
the
Copy-hold
Estate
should
cease
When
the
Estate
of
the
Lord
determined
;
but
the
Copy-holder
is
in
by
the
Custom
,
4
Rep.
23.
a.
Yet
it
is
but
a
base
Estate
,
and
not
look'd
upon
so
worthy
as
Freehold
.
And
therefore
in
Indictment
sur
Stat.
8.
H.
6.
of
forcible
Entry
,
for
expelling
one
Syms
from
his
Copy-hold
.
The
Exception
to
it
was
because
(
disseisivit
)
was
not
in
the
Indictment
,
and
yet
it
is
good
;
for
though
the
Statute
21
Jac.
15.
gives
restitution
of
Possession
to
Tenants
for
years
and
Copy-holders
,
in
which
there
shall
be
an
Entry
or
Deteiner
by
force
:
yet
the
Statute
doth
not
give
an
Indictment
of
forcible
Entry
of
a
Copy-hold
;
but
by
Noy
a
Copyholder
now
shall
have
an
Indictment
of
forcible
Entry
,
but
(
disseisivit
)
shall
not
be
in
it
,
for
no
Jury
can
find
that
,
for
it
is
impossible
,
because
a
Copy-holder
hath
no
Freehold
,
but
he
shall
have
a
Pleint
in
nature
of
an
Assise
against
a
Stranger
,
Syms's
Case
,
Mich.
2
Car.
B.
R.
Note
,
This
Custom
goes
not
to
Collateral
things
;
as
,
Entries
upon
Condition
,
vid.
the
Chapter
of
Collateral
Incidents
,
infra
.
A
Copy-hold
as
to
passing
Estates
,
is
in
many
Cases
like
a
Will
,
and
therefore
a
party
shall
take
by
the
Habendums
in
the
Admittance
,
which
was
no
party
to
the
Premisses
.
Vide
infra
.
Tit.
Surrender
.
How
a
Copy-holder
and
a
bare
Tenant
at
Will
differ
.
Tenant
at
Will
,
according
to
the
Custom
of
the
Manor
,
may
have
an
Estate
of
Inheritance
;
but
a
Tenant
by
the
course
of
the
Common
Law
,
not
so
.
Therefore
,
if
a
man
seized
of
Lands
(
which
are
not
customary
)
and
lets
them
to
another
,
to
have
and
to
hold
to
him
and
to
his
Heirs
,
at
the
will
of
the
Lessor
,
these
words
(
to
the
Heirs
of
the
Lessee
)
are
void
:
for
if
Lessee
dyeth
,
his
Estate
is
absolutely
determined
,
and
if
his
Heir
enter
,
Lessor
shall
have
a
good
Action
of
Trespass
,
vi
&
armis
,
before
any
Entry
made
by
him
;
otherwise
of
a
Tenant
according
to
the
Custom
of
the
Manor
.
Coke
Lit.
1.62
,
63.
And
the
Copy-holder
may
justifie
against
his
Lord
,
and
so
cannot
a
Tenant
at
Will
;
and
he
shall
have
the
Aid
of
his
Lord
in
an
Action
of
Trespass
,
1
Leon.
p.
4.
If
a
Tenant
at
Will
be
Outlawed
,
his
Estate
is
determined
,
but
a
Copy-hold
is
not
forfeited
or
determined
by
Outlawry
,
Littleton's
Rep
▪
234.
As
for
Tenants
by
the
Verge
,
Maxims
of
Copy-hold
Estates
.
1.
When
there
is
no
Custom
to
guide
Copy-hold
Estates
,
they
shall
be
directed
by
the
Rules
of
the
Common
Law
.
Vide
this
more
Explained
,
Maxim
3
,
4.
2.
Copy-holders
have
no
other
Evidence
concerning
their
Tenements
,
but
only
the
Copies
of
Court
Rolls
.
This
is
to
be
understood
of
Evidences
of
Alienation
,
for
a
Copy-holder
(
that
comes
in
by
way
of
Admittance
)
may
have
a
Release
of
a
right
by
Deed
,
and
that
is
sufficient
to
extinguish
the
right
of
the
Copy-hold
,
which
he
that
maketh
the
Release
had
,
Lit.
Sect.
75.
Coke
Lit.
60.
3.
When
the
Custom
hath
created
Estates
of
Inheritance
,
and
that
the
Land
shall
be
descendible
,
then
the
Law
shall
direct
the
descent
,
according
to
the
Maxims
and
Rules
of
the
Common
Law
,
as
incidents
to
every
Estate
descendible
;
therefore
there
shall
be
a
possessio
fratris
to
make
the
whole
Blood
to
Inherit
before
a
Son
by
the
second
Venter
;
and
this
shall
be
tho'
the
elder
dyes
before
Admittance
;
but
such
customary
Inheritances
shall
not
have
by
the
Law
any
other
collateral
Qualities
,
which
concern
not
Descents
of
Inheritance
,
as
other
Inheritances
at
Common
Law
shall
have
.
Therefore
such
Copy-hold
Inheritance
shall
not
be
Assets
to
charge
the
Heir
;
nor
shall
the
Wife
be
endowed
,
nor
the
Husband
Tenant
by
the
Courtesie
,
without
special
Custom
,
4
Rep.
22.
b.
Brown's
Case
.
4.
As
well
Estates
as
Descents
shall
be
directed
by
the
Rules
of
Law
,
as
necessary
Consequents
upon
the
Custom
(
unless
there
be
a
special
Custom
in
the
Manor
;
as
,
sibi
&
suis
,
sibi
&
assignatis
)
may
make
an
Estate
of
Inheritance
.
Therefore
a
Surrender
to
the
use
of
A.
without
any
Limitation
,
is
but
an
Estate
for
Life
,
4.
Rep.
29.
Bunting
and
Lepingwel
.
5.
Copy-hold
ought
to
be
dimissa
&
dimissibilis
,
as
it
is
in
Murrels
Case
,
4
Rep.
vide
infra
,
Tit.
Custom
.
Yet
this
Rule
is
not
Infallible
.
For
if
a
Copy-hold
Land
be
in
the
hand
of
a
Subject
,
who
is
after
preferred
to
Dignity
Royal
,
the
Copy-hold
is
extinct
;
for
it
is
below
the
Majesty
of
a
King
to
perform
servile
Services
:
and
yet
after
his
Decease
,
the
next
who
hath
right
shall
be
admitted
,
and
the
Tenure
shall
be
revived
in
him
,
2
Siderfin
82.
CAP.
III.
Priviledges
of
Copy-hold
Estates
.
1.
Priviledges
of
the
Lord
.
2.
Of
the
Tenant
.
3.
Priviledges
of
Infants
Copy-holders
.
4.
Of
Copy-holds
in
respect
of
the
Kings
Prerogative
and
Priviledge
.
BEfore
I
come
to
Treat
farther
of
Copy-holds
,
I
thought
it
might
not
be
amiss
to
set
down
the
Priviledges
of
Copy-holders
and
Lords
,
and
Prerogative
of
the
King
;
that
so
the
Student
being
well
setled
in
these
,
they
need
not
be
mentioned
or
explicated
hereafter
,
though
they
may
lye
here
and
there
scattered
in
the
following
Cases
.
Priviledges
of
the
Lord
.
The
Lord
may
upon
Seizure
of
a
Copy-hold
maintain
an
Ejectment
,
till
the
Heir
come
to
be
admitted
,
1
Keb.
287.
Pateson
and
Danges
.
The
King
shall
not
have
the
custody
of
the
Land
that
the
Ideot
holds
by
Copy
,
Copy-hold
Lands
granted
to
three
,
for
the
Lives
of
two
;
if
the
Tenants
pur
auter
vie
,
dye
Living
cesty
que
vie
,
the
Lord
shall
have
it
,
for
there
shall
no
be
Occupancy
,
1
Rolls
Abridg.
511.
Ven
and
Howel's
Case
.
Prochein
Amy.
The
Copy-holder
is
surdus
&
mutus
,
the
Lord
shall
have
the
Custody
and
not
the
Prochein
Amy
,
for
otherwise
he
should
be
prejudiced
in
his
Rents
and
Services
,
Cro.
Jac.
105.
Evers
and
Skinner
.
The
Lord
is
Chancellor
in
his
own
Court
,
to
dispose
of
the
Estate
when
the
Tenant
leaves
it
uncertain
.
Vide
infra
sub
Tit.
Customs
in
reference
to
Estates
,
&
sparsim
per
tout
.
If
a
Copy-holder
surrender
to
the
use
of
one
,
and
the
Lord
refuseth
to
admit
him
,
no
Action
of
the
Case
lyeth
against
him
;
so
if
such
Copy-holder
prays
the
Lord
to
hold
a
Court
,
and
he
refuseth
.
Where
a
Surrender
is
to
be
made
to
a
Tenant
of
the
Manor
,
if
he
will
not
take
such
Surrender
,
yet
no
Action
of
the
Case
lyes
against
him
,
1
Rolls
Abr.
108.
In
what
capacity
the
Lord
stands
in
reference
to
the
Copy-holder's
Estate
.
He
is
an
Instrument
of
Conveyance
upon
Surrenders
,
and
a
Conveyer
himself
upon
voluntary
Grants
.
He
is
Chancellor
in
his
own
Court
,
and
may
proceed
by
Bill
,
vide
infra
.
Of
the
Priviledges
of
Copy-holders
.
In
this
Chapter
I
shall
sum
up
some
general
Priviledges
of
Copy-holders
,
which
lye
scattered
in
the
several
Customs
hereafter
treated
of
.
A
Copy-holder
may
make
a
Lease
for
a
year
,
without
Licence
of
the
Lord
,
vide
Lease
.
Copy-holders
of
a
Manor
may
have
Solam
&
separalem
pasturam
,
in
the
Soyl
of
the
Lord
,
If
a
man
be
obliged
in
a
Statute
Staple
,
vide
Tit.
Grant
.
It
s
not
extendible
upon
Elegit
.
If
a
Copy-holder
Lease
for
years
by
Licence
of
the
Lord
,
this
is
not
extendible
in
the
Hands
of
the
Lessee
,
Rolls
Abr.
888.
Picto's
Case
.
Copy-holder
of
Inheritance
may
dig
for
Mines
in
his
Land
.
So
the
Parson
in
his
Glebe
,
as
it
seems
,
Siderfin
,
p.
152.
The
Lord
of
Rutland
against
Gee
,
per
Hobart
and
Warburton
.
Copy-holder
may
dig
for
Marle
,
without
any
danger
of
Forfeiture
;
Winch
,
p.
8.
A
Custom
is
that
the
Lord
of
a
Manor
may
dig
for
Coals
and
open
Mines
in
the
Land
of
his
Copy-holder
.
Latch
,
p.
189.
A
Copy-holder
may
hedge
and
enclose
,
but
not
where
it
was
never
enclosed
before
,
Winch
,
p.
8.
Note
,
a
difference
between
Priviledges
which
are
annexed
to
the
Seigniory
,
and
Priviledges
annexed
to
the
Tenancy
.
The
first
the
Lord
may
destroy
,
but
not
the
last
:
Therefore
If
Tenant
at
Will
be
Out-lawed
,
his
Estate
is
determined
;
Lit.
Rep.
234.
cited
to
be
adjudged
in
44
Eliz.
Yet
vide
1
Leon.
p.
99.
Where
a
Copy-holder
is
Outlawed
,
the
King
shall
have
the
Profits
of
his
Copy-hold
Lands
,
and
the
Lord
hath
not
any
remedy
for
the
Rent
.
If
the
King
grants
a
Manor
in
which
are
Copy-holders
in
Fee-farm
,
Jac.
B.
2
Rolls
Abr.
157.
Copy-holder
makes
a
Lease
for
years
by
Licence
,
and
dyes
,
this
shall
not
be
Assets
in
the
Hands
of
his
Executors
,
Popham
188.
Copy-holder
shall
have
Ayd
of
the
Lord
,
where
the
right
of
the
Seigniory
comes
in
question
upon
the
Issue
taken
,
Priviledge
of
Infants
Copy-holders
;
Or
Resolutions
concerning
Infants
,
in
respect
of
Fines
,
Admittances
,
barring
Estates
,
and
being
bound
by
Customs
or
not
.
Custom
of
a
Manor
is
,
That
if
a
Copy-hold
descends
to
any
man
,
that
Proclamation
shall
be
made
at
three
several
Courts
,
that
he
shall
come
in
to
be
admitted
,
It
seems
to
be
a
Rule
in
Law
,
An
Infant
cannot
be
protected
by
the
Law
by
his
non-age
in
any
Case
,
but
where
his
Right
which
he
had
while
an
Infant
,
and
descended
to
him
,
might
have
been
barr'd
and
interrupted
by
non-claim
;
so
in
case
of
forfeiture
;
the
reason
of
the
Rule
is
,
because
the
Law
conceives
he
will
have
that
knowledge
to
preserve
his
right
when
he
is
of
full
Age
,
Carter's
Rep.
86.
in
Smith
and
Painton's
Case
.
It
was
holden
in
Rumny
and
Eve's
Case
,
Leon.
p.
100
Pl.
128.
If
a
Copy-holder
dyeth
,
his
Heir
within
Age
,
he
is
not
bound
to
come
into
any
Court
during
his
non-age
,
to
pray
admittance
,
or
to
tender
his
Fine
.
An
Infant
who
surrenders
his
Copy-hold
Land
,
within
Age
,
may
enter
at
his
full
Age
,
Infant
Copy-holder
in
Fee
makes
a
Lease
for
years
,
without
Licence
,
Infant
shall
not
forfeit
by
making
a
Lease
without
Licence
.
Acceptance
at
full
Age
makes
it
good
to
Lessee
.
rendring
Rent
at
full
Age
,
he
accepts
the
Rent
,
and
after
outs
the
Lessee
.
Lessee
brings
Ejectment
,
and
Judgment
for
Lessee
.
Per
Cur.
this
Lease
may
be
affirmed
by
acceptance
,
and
such
a
Forfeiture
shall
not
bind
an
Infant
,
8
Rep.
44.
Noy
92.
Of
Copy-holds
and
Copy-holders
,
in
respect
of
the
King
and
his
Prerogative
.
Per
Stat.
2
Ed.
6.
Cap.
8.
Copy-holders
shall
enjoy
their
Estates
,
where
the
King
is
intituled
by
Office
,
though
they
be
not
found
by
Inquisition
.
The
Statute
of
Chantries
,
gives
no
Copy-hold
Land
to
the
King
,
1
Ed.
6.14
.
The
Estates
of
the
Kings
Copy-holders
,
confirmed
by
Decree
in
the
Exchequer
,
or
Dutchy-Chamber
,
shall
be
good
according
to
the
same
Decree
.
Stat.
7
Jac.
Cap.
21.
A
Popish
Recusant
shall
forfeit
all
his
Copy-hold
Land
,
35
Eliz.
Cap.
2.
Styles
Rep.
p.
20.37
,
75.
Vide
this
Case
Reported
in
Rolls
1.
Abr.
194.
Tit.
Alien
.
If
an
Alien
Amy
Purchase
Copy-hold
in
Fee
,
in
the
Name
of
J.
S.
in
Trust
for
himself
and
his
Heirs
,
It
was
a
great
Question
and
much
Argued
,
whether
the
King
shall
have
the
Trust
of
this
Copy-hold
?
but
no
Opinion
given
as
to
this
Point
;
But
the
Trust
being
traversed
and
found
for
the
King
,
yet
Judgment
was
given
against
the
King
,
because
,
by
the
Inquisition
by
which
this
Trust
and
matter
was
found
,
J.
S.
who
was
the
person
trusted
,
and
who
had
the
Estate
in
Fee
in
the
Law
in
him
,
The
King
is
seized
of
a
Manor
in
Fee
,
in
which
is
a
Copy-hold
demisable
at
Will
,
according
to
the
Custom
of
the
Manor
.
The
King
demised
this
Copy-hold
to
J.
G.
for
Life
,
J.
G.
dyes
.
The
great
Question
was
,
if
it
be
destroyed
,
or
the
King
may
grant
it
again
by
Copy
.
Per
Cur.
1.
The
King
need
not
recite
in
the
Grant
that
it
is
Copy-hold
,
24
H.
8.21
.
2.
Stiles
p.
266.
Cremer
and
Burnet
.
If
a
Bishop
,
Tenant
in
Tayl
,
for
Life
or
Years
,
le
ts
a
Copy-hold
,
yet
this
shall
not
bind
the
Successor
,
Issue
in
Tayl
,
or
him
in
Reversion
,
to
grant
this
by
Copy
again
;
neither
shall
it
bind
an
Infant
Lord
of
Manor
;
and
the
Estates
and
Possessions
of
the
King
,
are
in
like
manner
under
the
protection
of
the
Law
.
And
if
this
Copy-hold
should
be
extinguished
,
Rolls
Abr.
p.
197.
mesme
Case
.
If
the
King
grants
a
Manor
,
in
which
are
Copy-holders
in
Fee-farm
,
the
Lands
or
Goods
of
the
Copy-holder
are
not
lyable
to
the
Fee-farm
Rent
,
although
the
Freehold
is
,
Rolls
Abridgment
,
p.
157.
Rolls
Abr.
157.
CAP.
IV.
The
Nature
of
Custom
in
general
.
Maxims
of
Customs
.
What
things
are
requisite
to
make
a
good
Custom
.
Time
out
of
Memory
Explained
.
What
shall
be
said
to
be
an
Interruption
of
Custom
or
not
.
The
reasonableness
of
Customs
,
how
to
be
judged
of
.
Several
particular
Customs
,
Ratione
Loci
.
Of
Customs
,
enabling
and
disabling
.
Of
Customs
and
Prescriptions
;
their
difference
,
and
the
different
manner
of
Pleading
them
.
The
several
sorts
of
Prescription
,
and
how
Prescription
to
be
made
,
and
when
,
and
when
not
,
and
by
whom
.
And
when
a
Custom
shall
be
said
to
be
pursued
or
not
.
Custom
.
The
Nature
of
Custom
in
general
.
A
Custom
which
hath
obtained
the
force
of
a
Law
,
is
always
said
to
be
Jus
non
scriptum
,
for
it
cannot
be
made
or
created
,
either
by
Charter
or
by
Parliament
,
which
are
Acts
reduced
to
Writing
,
and
are
always
matter
of
Record
:
But
being
only
matter
of
Fact
,
and
consisting
in
Use
and
Practice
,
it
can
be
recorded
and
registred
no
where
but
in
the
Memory
of
the
People
.
For
a
Custom
taketh
beginning
and
groweth
to
perfection
in
this
manner
.
When
a
reasonable
Act
once
done
is
found
to
be
good
,
and
beneficial
to
the
People
,
and
agreeable
to
their
nature
and
disposition
,
then
do
they
use
it
and
practise
it
again
and
again
,
and
so
by
often
iteration
and
multiplication
of
the
Act
,
it
becomes
a
Custom
;
and
being
continued
without
interruption
time
out
of
mind
,
it
obtaineth
the
force
of
a
Law
.
So
that
Custom
in
the
intendment
of
Law
,
is
such
an
Usage
which
hath
obtained
vim
Legis
,
and
is
revera
,
a
binding
Law
to
such
a
particular
place
,
persons
and
things
wherein
it
is
concerned
.
Davis's
Preface
to
his
Reports
.
Custom
then
may
be
defined
a
reasonable
Act
,
iterated
,
multiplied
and
continued
by
the
People
,
time
out
of
mind
.
Custom
in
some
Cases
alters
the
nature
of
Free-hold
,
5
Rep.
84.
Pennyman's
Case
,
A
fortiori
of
a
Copy-hold
,
Hetly
,
p.
126
,
127.
Turner
and
Hodges
.
Consuetudo
privat
communem
Legem
.
Custom
is
a
ground
and
need
not
be
proved
,
for
the
reason
of
every
Custom
cannot
be
shewed
,
as
it
was
said
in
Knightly
and
Spencer's
Case
:
But
though
Custom
takes
away
Common
Law
,
yet
Common
Law
corrects
,
allows
,
and
disallows
both
Statute
Law
and
Custom
;
for
if
there
be
repugnancy
in
Statute
,
or
unreasonableness
in
Custom
,
the
Common
Law
disallows
and
rejects
it
,
as
appears
in
Dr.
Bonham's
Case
,
8
Coke
27.
Now
Custom
being
the
life
and
soul
of
Copy-hold
Estates
,
I
shall
in
the
next
Chapter
largely
treat
thereof
in
the
full
extent
of
it
.
Maxims
of
Customs
.
1.
A
Custom
shall
in
construction
be
taken
strictly
,
and
shall
not
be
extended
beyond
the
words
of
it
.
One
intituled
himself
to
a
Copy-hold
in
this
manner
,
That
within
the
Manor
there
is
such
a
Custom
,
that
if
one
taketh
to
Wife
any
customary
Tenant
of
the
Manor
in
Fee
,
and
hath
Issue
by
her
,
if
he
over-live
the
said
Wife
,
he
shall
be
Tenant
by
the
Curtesie
.
The
Case
was
,
he
married
a
Wife
,
who
at
the
time
of
the
marriage
had
no
Copy-hold
;
but
afterwards
,
during
the
Coverture
,
a
Copy-hold
descended
to
her
.
It
was
held
in
Sir
John
Savages
Case
,
cited
in
Beal
and
Langly's
Case
,
2
Leon
p.
208.
That
no
Tenancy
by
the
Curtesie
did
accrew
by
the
Custom
,
which
did
not
extend
,
but
where
the
Wife
was
a
Copy-holder
at
the
Marriage
.
So
a
Custom
was
,
If
a
Copy-holder
in
Fee
dyes
,
having
Issue
Three
Daughters
,
the
eldest
shall
have
all
.
The
Case
was
,
A
Purchaser
of
a
Copy-hold
dyes
without
Issue
,
having
many
Sisters
,
they
shall
be
C●parceners
,
for
the
Custom
extends
only
to
Daughters
.
So
Burrough
English
,
The
middle
Brother
Purchaseth
Lands
,
and
dyes
sans
Issue
,
the
eldest
shall
have
it
and
not
the
youngest
,
2
Rolls
Rep.
368.
So
a
Custom
which
goes
in
bar
or
deprivation
of
an
Estate
,
shall
be
taken
strictly
,
Carter's
Rep.
87
,
88.
Yelv.
p.
1.
Baspool's
Case
.
Forfeiture
of
a
Copy-hold
for
Life
,
shall
not
forfeit
the
Remainder
.
Custom
was
,
If
any
Copy-holder
in
Fee
Surrender
out
of
Court
,
and
the
Cesty
que
use
doth
not
come
into
Court
to
take
his
Copy-hold
,
after
three
Proclamations
,
then
the
Lord
shall
seize
it
,
as
forfeited
:
And
if
a
Copy-holder
in
Fee
surrender
to
the
use
of
one
for
Life
,
remainder
over
in
Fee
,
and
Tenant
for
Life
comes
not
in
Court
upon
the
Proclamations
,
this
shall
not
forfeit
the
remainder
,
The
Custom
shall
be
taken
strictly
,
being
in
destruction
of
an
Estate
,
and
it
shall
be
intended
only
of
a
Tenant
in
Fee
,
in
possession
,
and
not
in
remainder
,
1
Rolls
Abr.
568.
Baspool
and
Long.
And
yet
it
shall
not
be
taken
literally
always
,
as
in
the
common
Case
.
Custom
to
grant
Lands
in
Fee-simple
,
yet
they
may
grant
in
Tayl
,
for
Life
or
Years
;
but
that
stands
upon
this
Rule
,
Omne
majus
includit
in
se
minus
.
2.
Customs
are
to
construed
according
to
vulgar
apprehension
,
because
Customs
grow
generally
,
and
are
bred
and
brought
up
amongst
the
Lay-gents
,
therefore
they
are
called
Vulgares
Consuetudines
,
and
they
shall
be
interpreted
according
to
the
most
effectual
operation
of
the
Law
,
Stiles
146.
3.
Custom
does
not
trench
to
things
collateral
to
the
Estate
;
such
as
Entries
for
Conditions
.
Copy-holder
by
Licence
lets
the
Land
for
60
years
rendring
Rent
,
upon
condition
of
re-entry
;
Copy-holder
surrenders
to
J.
S.
in
Fee
,
who
demands
the
Rent
,
which
not
being
paid
,
Enters
:
His
entry
per
Cur.
is
not
good
,
for
Copy-hold
Land
is
not
within
the
Statute
of
Conditions
;
nor
the
Surrender
of
such
a
Copy-hold
,
such
an
Assignee
as
the
Statute
intends
,
he
being
in
only
by
Custom
,
is
not
privy
to
the
Lease
made
by
the
first
Copy-holder
,
nor
in
by
him
,
but
may
plead
his
Estate
immediately
under
the
Lord
,
Yelv.
p.
222.
Brasier
and
Beal
.
4.
When
a
Custom
warrants
a
greater
Estate
,
it
warrants
a
less
.
The
Custom
was
,
That
Copy-hold
Lands
may
be
granted
to
any
person
in
Fee-simple
;
A
Grant
to
one
and
the
Heirs
of
his
Body
is
within
this
Custom
:
So
a
Grant
for
Life
or
Years
:
And
a
Fee-simple
includes
all
,
4
Rep.
23.
The
Custom
is
to
grant
for
one
,
two
or
three
Lives
;
A
Grant
to
one
durante
viduitate
is
good
,
4
Rep.
29.
Down
and
Hopkins
.
Cro.
El.
p.
323.
mesme
Case
.
5.
Custom
of
a
Manor
cannot
extend
out
of
a
Manor
;
therefore
it
ought
to
appear
in
Pleading
,
That
the
Locus
in
quo
,
&c.
est
infra
Manerium
,
Hobart
,
p.
286.
Roberts
and
Young
.
6.
Custom
may
enlarge
a
Grant
farther
than
Common
Law
;
as
,
Sibi
&
suis
.
So
to
one
and
his
Heirs
,
by
Custom
may
be
restrained
to
particular
Heirs
,
2
Keb.
158.174
.
7.
If
a
Custom
hath
a
reasonable
commencement
,
it
may
be
good
.
And
therefore
a
Custom
for
Copy-holders
to
have
,
solam
&
separalem
pasturam
,
may
have
a
reasonable
commencement
by
voluntary
Agreement
of
the
Lord
with
his
Copy-holders
,
to
induce
them
to
hold
their
customary
Estates
at
Will
,
and
bestow
their
pains
and
labour
in
improvement
,
Sanders
2.
p.
326
,
327.
Robins
and
Hoskins
.
Vide
Vaughan
Rep.
North
and
Coe
,
good
reasons
for
the
contrary
Opinion
.
8.
What
may
be
claimed
by
Prescription
may
be
good
by
Custom
,
and
what
may
have
commencement
by
Grant
,
may
be
claimed
by
Prescription
,
2
Sanders
326.
9.
A
Custom
never
extendeth
to
a
thing
newly
created
.
If
there
be
a
Custom
within
a
Manor
,
That
for
every
House
or
Cottage
two
shillings
Fine
shall
be
paid
;
now
if
the
Tenant
make
two
Houses
of
one
,
he
shall
pay
no
Fine
,
for
the
new
made
House
;
But
alteration
of
Rooms
alters
not
the
case
in
Prescription
.
10.
Custom
is
an
entire
thing
,
and
cannot
be
apportioned
;
yet
this
Rule
shall
not
bind-the
King
.
Vide
supra
.
11.
Consuetudo
semel
reprobata
,
non
potest
amplius
induci
:
As
Continuance
makes
the
Custom
,
so
Discontinuance
destroys
it
.
Custom
.
What
things
are
requisite
to
make
a
good
Custom
.
Four
things
are
required
to
make
a
good
Custom
.
-
Antiquity
.
-
Continuance
.
-
Certainty
.
-
Reason
.
1.
Antiquity
.
Every
Custom
had
a
beginning
,
although
the
Memory
of
man
doth
not
extend
to
it
.
And
this
is
one
of
the
grand
Pillars
of
Copy-hold
Estates
:
Therefore
in
pleading
,
we
say
such
Lands
or
Tenements
are
demised
and
demisable
,
A
tempore
cujus
contrarij
memoria
hominum
non
existit
.
And
yet
this
Rule
fails
in
the
Kings
Case
;
vide
supra
.
It
was
said
by
Rolls
Chief
Justice
in
Pilkington
and
Bagshaw's
Case
,
Stiles
450.
That
a
Custom
cannot
be
urged
for
a
thing
that
had
its
beginning
since
the
time
of
Richard
1.
if
a
Record
can
be
shewed
to
the
contrary
.
But
what
measure
of
time
shall
make
a
Custom
,
many
differ
:
Some
judge
it
from
the
time
of
Henry
1.
to
the
Stat.
of
Merton
,
Cap.
8.
which
appointeth
the
Limitation
in
a
Writ
of
Right
,
and
others
say
otherwise
.
And
by
the
Statute
W.
1.
the
Limitation
was
from
the
time
of
R.
1.
and
these
are
Limitations
as
to
Writs
;
but
this
is
since
altered
by
32
H.
8.
Coke
Lit.
114
,
115.
2.
Continuance
.
Custom
ought
to
have
continuance
without
interruption
,
time
out
of
memory
;
for
if
it
be
discontinued
time
out
memory
,
the
Custom
is
gone
.
As
if
a
Copy-hold
be
let
by
the
Lord
for
life
or
for
years
,
according
to
the
course
of
the
Common
Law
,
it
shall
never
be
demised
as
Copy-hold
,
according
to
the
Custom
afterwards
.
Consuetudo
semel
reprobata
non
potest
amplius
induci
;
and
as
Continuance
makes
the
Custom
,
so
discontinuance
destroys
it
.
The
Continuance
for
fifty
years
is
enough
to
fasten
customary
Conditions
upon
the
Land
against
the
Lord
:
And
per
Cur.
Though
the
original
Commencement
and
the
customary
Interest
did
commence
10
H.
8.
from
which
time
sixty
years
passed
,
yet
the
seizure
for
a
Forfeiture
in
the
mean
time
interrupted
utterly
the
Continuance
from
the
time
which
might
by
the
Law
have
perfected
the
customary
Interest
.
If
the
Lord
of
a
Manor
is
seized
of
an
ancient
Copy-hold
for
Forfeiture
,
or
by
Escheat
,
and
let
the
same
at
Will
,
without
Copy
,
for
divers
years
;
this
is
not
any
interruption
of
the
customary
nature
of
the
Land
,
but
that
he
may
grant
it
again
by
Copy
.
Ibid.
Leon.
p.
56.
Kemp
and
Carter
.
Customary
Land
within
a
Manor
hath
been
grantable
in
Fee
and
it
Escheats
,
the
Lord
may
grant
the
same
to
another
for
Life
;
for
the
Custom
which
enables
him
to
grant
in
Fee
,
shall
enable
him
to
grant
for
Life
;
and
after
the
death
of
Tenant
pur
vie
,
the
Lord
may
grant
the
same
again
in
Fee
,
for
the
grant
for
Life
was
not
any
interruption
of
the
Custom
,
1
Leon.
56.
id
.
Case
.
3.
Certainty
.
Custom
ought
to
be
certain
,
for
incerta
pro
nullis
habentur.
13
Ed.
3.
Fitzh
.
dum
fuit
infra
aetatem
,
3.
A
Writ
of
Dum
fuit
infra
aetatem
was
brought
against
an
Infant
,
the
Tenant
pleads
a
Custom
,
That
when
the
Infant
is
within
such
an
Age
as
that
he
may
count
twelve
Pence
,
or
measure
an
Ell
of
Cloth
,
that
then
his
Feoffment
shall
be
good
;
this
Custom
is
adjudged
void
for
the
incertainty
.
Rolls
Abridg.
264
,
265.
Green
and
Berry
.
4.
Reason
.
Custom
must
be
reasonable
,
therefore
it
must
not
be
against
common
Right
,
or
purely
against
the
Law
of
the
Land
,
as
is
Littleton's
Case
.
The
Lord
prescibes
,
That
there
hath
been
a
Custom
within
his
Manor
,
that
every
Tenant
,
who
marries
his
Daughter
without
Licence
of
the
Lord
,
shall
make
Fine
,
&c.
This
Prescription
is
void
,
it
is
against
the
freedom
of
a
Freeman
,
who
is
not
bound
thereto
by
particular
Tenure
.
Alit
.
if
it
be
upon
a
special
Reservation
of
Gift
of
Lands
,
or
Tenure
in
Villanage
,
Lit.
Sect.
209.
So
in
Sect.
212.
To
prescribe
that
the
Lord
of
the
Manor
hath
used
to
distrain
Cattel
Damage
feasant
,
and
to
retain
the
Distress
,
till
Fine
were
made
to
him
for
the
Damages
,
at
his
will
:
This
Prescription
is
void
,
for
it
s
against
reason
a
man
should
be
Judge
in
his
own
Cause
.
If
the
Lord
will
prescribe
to
have
of
every
Copy-holder
belonging
to
his
Manor
,
for
every
Court
he
keepeth
,
a
certain
Sum
of
Mony
,
this
is
a
void
Prescription
,
because
it
is
not
according
to
common
Right
,
for
he
ought
to
do
it
gratis
,
for
Justice
sake
.
But
if
the
Lord
Prescribe
to
have
a
certain
Fee
of
his
Tenants
,
for
keeping
an
extraordinary
Court
,
which
is
purchased
only
for
the
benefit
of
some
particular
Tenants
to
take
up
their
Copy-holds
,
and
such
like
,
this
is
a
good
Prescription
,
and
according
to
common
Right
,
Coke
,
Cop.
81.
But
now
to
distinguish
what
Customs
are
unreasonable
and
what
not
,
observe
these
differences
.
Every
Custom
is
not
unreasonable
which
is
contrary
to
a
particular
Rule
or
Maxim
of
the
positive
Law
.
For
its
a
Rule
Consuetudo
ex
certa
causa
rationabili
privat
communem
Legem
.
As
the
Customs
of
Gavel-kind
and
Burrough
English
,
are
against
the
Maxim
of
descent
of
Inheritance
,
and
the
Maxim
of
Escheat
;
as
in
Kent
,
the
Father
to
the
Bough
,
and
the
Son
to
the
Plow
.
So
the
Custom
that
the
Wife
shall
have
the
whole
for
her
free
Bench
,
is
against
the
Maxim
of
Common
Law
for
Dower
.
These
Customs
might
have
a
reasonable
beginning
,
where
they
are
not
prejudicial
to
the
Common-wealth
,
nor
to
the
present
Interest
of
any
particular
person
;
yet
a
Custom
may
be
prejudicial
to
the
Interest
of
a
particular
person
,
and
reasonable
also
,
where
it
is
for
the
benefit
of
the
Common-wealth
in
general
,
as
to
make
Bulwarks
upon
another
mans
Land
in
time
of
War
,
&c.
But
Custom
,
which
is
contrary
to
the
publick
Good
,
or
injurious
to
a
Multitude
,
and
beneficial
only
to
some
particular
Person
;
such
Custom
is
repugnant
to
the
Law
of
Reason
,
and
void
ab
initio
,
and
no
Prescription
can
make
it
good
;
therefore
the
Custom
of
a
Manor
was
,
That
no
Commoner
should
put
in
his
Beasts
till
the
Lord
had
put
in
his
,
and
it
was
adjudged
void
,
2
H.
4.24
.
For
if
the
Lord
would
never
put
in
his
Beast
,
the
Commoners
should
lose
their
Common
.
As
to
Customs
being
reasonable
or
unreasonable
,
vide
several
more
instances
in
the
Argument
of
Rolls
and
Mason's
Case
,
2
Brownl.
86
,
88.
Customs
may
be
reasonable
,
ratione
loci
.
Custom
is
,
Per
Cur.
1.
The
Custom
is
good
,
and
the
Estate
which
the
Daughter
had
is
an
excrescent
Estate
,
and
not
properly
a
descent
.
2.
She
that
was
eldest
at
the
time
of
the
death
of
the
Mother
shall
have
it
,
and
not
only
Primogenita
filia
,
Siderfin
,
p.
267.
Newton
and
Shafto
.
This
Custom
was
good
ratione
loci
,
for
such
Manor
is
bordering
on
Scotland
,
where
were
frequent
Invasions
.
And
Feme
sole
Merchant
is
good
,
ratione
loci
,
The
Custom
of
the
Isle
of
Man
,
That
one
shall
be
hanged
for
stealing
a
Capon
,
In
the
Manor
of
Bemister
in
Dorset
,
So
the
Manor
of
Taunton
,
Siderfin
,
p.
267.
id
.
Case
.
The
Custom
of
Millan
in
Norfolk
is
,
As
for
the
other
Rules
of
the
validities
of
Customs
,
as
that
they
ought
to
be
on
good
Considerations
,
and
beneficial
to
the
Prescriber
,
as
Calthrop
,
and
Cokes
Copyholder
treat
of
,
they
may
be
referred
to
the
forgoing
Rules
.
Now
you
see
there
are
three
supporters
of
a
Copy-hold
Custom
.
1.
Time
,
and
that
must
be
out
of
the
memory
of
Man
;
so
that
Copy-hold
cannot
begin
at
this
day
.
2.
That
the
Tenements
be
parcel
of
the
Manor
,
or
within
the
Manor
.
3.
That
it
hath
been
demised
and
demisible
by
Copy
of
Court
Roll
;
Coke
Lit.
58.
b.
Customs
of
Manors
are
Disabling
,
Enabling
.
Disabling
is
,
That
the
Tenant
by
a
particular
Custom
shall
not
be
allowed
to
do
that
which
he
might
by
the
general
Custom
of
Manors
.
As
a
man
may
sell
Land
to
whom
he
will
by
the
general
Custom
of
Manors
,
yet
in
some
Manors
by
special
Custom
he
must
make
an
offer
to
the
next
of
Blood
:
Vide
supra
,
Customs
,
ratione
loci
.
Enabling
is
,
where
the
Tenant
by
a
particular
Custom
shall
be
enabled
to
do
that
from
which
he
is
restrained
by
the
general
Custom
of
Manors
.
By
the
general
Custom
of
Manors
the
granting
of
Copy-hold
Land
for
more
than
one
year
without
Licence
,
is
a
Forfeiture
;
yet
in
some
Manors
they
may
do
it
,
and
it
shall
not
be
a
Forfeiture
,
Coke
Copy-hold
.
79.
Sect.
33.
You
will
find
Prescription
mentioned
in
the
ensuing
Cases
;
therefore
it
will
be
of
good
use
a
little
to
open
the
nature
of
Custom
and
Prescription
,
and
to
shew
how
and
wherein
they
agree
,
and
wherein
they
differ
,
and
also
the
difference
as
to
Pleadings
.
Custom
,
Prescription
,
and
Usage
,
are
of
great
Affinity
,
yet
they
differ
thus
:
Custom
is
where
by
continuance
of
time
a
Right
is
obtained
concerning
divers
persons
in
Common
.
Prescription
is
where
by
continuance
of
time
one
particular
person
obtaineth
Right
against
another
,
either
a
Person
or
Body
Politick
.
Usage
is
by
continuance
of
time
,
and
an
efficient
cause
of
both
.
Limitation
is
where
a
Right
may
be
obtained
by
reason
of
Non-claim
,
by
the
space
of
a
certain
number
of
years
,
Calthrops
Reading
.
1.
Prescription
,
is
made
in
the
Person
,
and
so
the
Pleading
is
,
That
he
and
all
his
Ancestors
,
&c.
Or
he
and
all
those
whose
Estate
he
hath
time
out
of
mind
,
used
to
have
Common
of
Pasture
in
such
a
place
,
&c.
being
the
Land
of
some
other
,
&c.
as
pertaining
to
the
said
Manor
.
Custom
is
,
a
Copy-holder
of
the
Manor
of
D.
doth
plead
,
That
within
the
same
Manor
there
is
and
hath
been
such
a
Custom
timeout
of
mind
used
,
that
all
the
Copy-holders
of
the
said
Manor
,
have
and
used
to
have
Common
,
&c.
Coke
Lit.
113.
b.
So
Custom
lyes
upon
the
Land
.
As
,
infra
manerium
talis
habetur
consuetudo
,
&c.
8
Rep.
Swain's
Case
.
And
such
Custom
binds
the
Land
,
as
Gavel-kind
,
Borough
English
,
&c.
Ex
certa
rationabili
causa
usitata
,
but
it
need
not
to
have
an
intendment
of
a
lawful
commencement
;
as
,
Custom
to
have
Land
devisable
,
or
of
the
nature
of
Gavel-kind
,
&c.
but
by
common
intendment
they
may
not
have
a
lawful
commencement
by
Grant
or
Agreement
,
but
by
Act
of
Parliament
,
Gatward's
Case
,
6
Rep.
So
4
Rep.
32.
in
Foyston's
Case
.
Prescription
is
personal
,
and
is
always
made
in
the
name
of
a
person
certain
,
and
his
Ancestors
,
or
of
those
whose
Estate
he
hath
:
But
Custom
is
local
,
and
alledged
in
no
person
;
but
that
within
a
Manor
,
&c.
is
such
a
Custom
;
and
this
shall
serve
for
those
which
cannot
Prescribe
in
their
own
name
,
nor
in
the
name
of
a
person
certain
.
In
Gateward's
Case
,
6
Rep.
Defendant
justifies
in
Trespass
by
Custom
,
That
all
the
Inhabitants
in
such
an
Ancient
Messuage
,
within
the
Vill
of
D.
ratione
commorationis
,
have
used
to
have
common
of
Pasture
in
loco
in
quo
,
&c.
this
is
ill
pleaded
,
for
in
this
word
,
Inhabitants
are
included
Tenants
in
Fee
,
for
Life
,
Years
,
by
Elegit
,
at
Will
,
and
also
he
that
hath
no
Interest
,
but
Habitation
only
.
Now
Tenant
in
Fee
ought
to
Prescribe
in
his
own
Name
,
Hobart
,
p.
86.
in
Day
and
Savage
his
Case
.
My
Lord
Coke
in
the
Argument
of
Rowls
and
Mason's
Case
,
makes
four
differences
between
Prescription
and
Custom
.
1.
In
the
beginning
,
pugnant
ex
diametro
,
for
nothing
may
be
good
by
Prescription
,
but
that
which
may
have
beginning
by
Grant
.
2.
Prescription
is
incident
to
the
Person
,
and
Custom
to
some
Place
,
and
holds
place
in
many
Cases
which
cannot
be
by
Grant
.
As
Lands
may
be
devised
by
Custom
:
So
Gavel-kind
and
Burrough
English
,
&c.
which
cannot
have
their
beginning
by
Grant
.
But
Prescription
and
Custom
are
Brothers
,
and
ought
to
have
the
same
Age
,
and
Reason
ought
to
be
the
Father
,
and
Congruence
the
Mother
,
and
Use
the
Nurse
,
and
Time
out
of
Memory
to
Fortifie
them
both
.
3.
They
vary
in
Quality
;
for
Prescription
is
for
one
man
only
,
and
Custom
for
many
,
if
all
but
one
be
not
dead
.
4.
They
vary
in
Extent
and
Latitude
;
for
Prescription
extends
to
Fee-simple
only
,
but
Custom
extends
to
all
Interests
and
Estates
whatsoever
,
as
appears
by
the
Pleading
.
Prescription
that
a
Copy-holder
of
Inheritance
may
sell
the
Trees
,
is
not
good
,
but
such
a
Custom
is
good
.
Tenant
in
Tayl
for
Life
or
Years
cannot
Prescribe
in
a
Que
Estate
,
nor
against
the
Lord
in
his
Demesns
,
Que
Estate
or
not
.
but
they
ought
to
alledge
the
Custom
,
and
against
a
Stranger
they
ought
to
Prescribe
in
the
name
of
the
Lord
,
2
Brownl.
198.
In
a
Manor
the
Custom
was
,
That
every
Copy-holder
for
Life
,
had
Estovers
for
Fuel
,
&c.
in
the
customary
Lands
:
Now
if
the
Lord
aliens
the
Woods
,
&c.
in
Fee
,
and
after
Grant
Copy-hold
Lands
and
Houses
for
Lives
,
the
Grantees
shall
have
Common
of
Estovers
,
Pasture
,
&c.
notwithstanding
the
Severance
;
but
after
such
Severance
of
the
Waste
or
Woods
,
Talis
habebatur
&
a
toto
tempore
,
&c.
consuetudo
,
&c.
and
then
shew
the
Severance
,
as
in
Murrel's
Case
,
4
Rep.
So
he
must
do
where
the
Lord
aliens
the
Freehold
and
Inheritance
of
the
Copy-holder
,
Swain's
Case
,
8
Rep.
2.
It
is
said
a
Prescription
goeth
to
one
man
,
and
a
Custom
to
many
,
1
Brownl
.
Rep.
133.
in
Rowls
and
Mason
;
and
yet
in
Foystons
Case
,
4
Rep.
the
Custom
for
Common
may
be
applied
to
one
single
Copy-holder
.
3.
The
Allegation
of
a
Custom
shall
serve
when
it
is
referred
to
a
thing
insensible
,
as
that
such
Lands
are
devisable
,
&c.
Foystons
Case
.
There
is
nothing
more
common
than
for
the
Lord
to
Prescribe
for
his
Tenants
,
by
Copy
in
another
mans
Land
,
whereas
if
it
be
laid
in
his
own
,
it
shall
ever
be
laid
by
Custom
,
Hobart
,
p.
286.
Roberts
and
Young
.
There
is
a
difference
between
a
Prescription
for
Freehold
Land
and
for
Copy-hold
Land
;
for
Custom
which
concerneth
Freehold
,
Cro.
El.
p.
353.
Taverner
and
Cromwel
.
4.
A
Prescription
must
be
in
a
thing
done
,
and
not
in
posse
,
therefore
a
Custom
that
Quaelibet
femina
vira
cooperta
poterit
devisare
,
her
Copy-hold
Inheritance
to
her
Husband
,
is
not
good
,
3
Leon.
83.
Skipwith's
Case
.
To
Customs
and
Prescriptions
,
these
two
things
are
inseparable
Incidents
,
viz.
Possession
or
Usage
,
Co.
Lit.
114.
b.
And
if
a
man
hath
Common
by
Prescription
and
takes
a
Lease
of
the
Land
for
twenty
years
,
the
Common
is
suspended
for
that
time
,
and
after
the
years
ended
,
he
may
claim
the
Common
again
by
Prescription
.
1.
Personal
Prescription
,
and
in
that
Inhabitants
may
Prescribe
,
as
for
a
Way
,
or
matter
of
Ease
or
Discharge
,
Gateward's
Case
.
2.
Real
Prescription
,
and
this
is
inherent
to
the
Estate
,
and
this
is
where
a
man
Prescribeth
,
That
he
and
all
those
whose
Estate
he
hath
,
&c.
Appurtenances
?
Per
Cur.
the
Common
is
extinct
,
and
not
revived
,
for
this
is
a
local
Prescription
,
not
to
the
Land
,
but
only
to
the
Estate
,
and
this
proves
well
the
words
of
the
Prescription
,
for
the
Copy-holder
ought
to
Prescribe
,
That
every
customary
Tenant
within
the
Manor
,
&c.
So
he
hath
his
Common
in
respect
that
he
is
customary
Tenant
,
and
this
is
in
respect
of
the
Estate
which
he
hath
by
the
Custom
,
and
not
in
respect
of
the
Land
,
2
Brownl.
210.
Marsham
and
Hunter
.
Copy-holder
for
Life
cannot
Prescribe
against
his
Lord
,
but
Copy-holder
in
Fee
may
,
Copy-holder
for
Life
may
not
Prescribe
against
his
Lord
.
Copy-holder
in
Fee
may
,
and
how
.
for
he
hath
the
Copy-hold
in
nature
of
Land
of
Inheritance
,
Stiles
233.
Cage
and
Dod.
Per
Cur.
a
Copy-holder
may
Prescribe
by
an
usitatum
est
against
his
Lord
,
but
against
a
Stranger
he
must
Prescibe
in
the
name
of
the
Lord
,
More
,
n.
647.
6.
Rep.
60.
Copy-holder
of
Inheritance
may
Prescribe
in
the
name
of
the
Lord
,
to
be
discharged
of
Tythes
,
Noy
,
p.
132.
Copy-holders
may
not
Prescribe
against
their
own
Lord
;
omnino
,
nor
against
any
other
,
but
only
in
the
name
of
their
Lord
,
and
the
manner
of
laying
it
is
by
a
Custom
,
when
they
claim
any
thing
or
profit
out
of
the
Lords
Soyl
,
vide
Sanders
324
,
5
,
6.
Hoskin
and
Roberts
.
What
shall
be
said
a
pursuance
of
a
Custom
or
not
.
If
the
Custom
be
,
That
the
Lord
may
Demises
Copy-hold
in
Fee
,
he
may
Demise
them
for
Life
,
Years
,
or
in
Tayl
;
for
these
Estates
are
included
in
a
Fee
,
which
is
greater
,
1
Roll.
Abr.
Staunton
and
Barns
.
Cok.
Lit.
52.
Vide
supra
Maxims
and
Customs
,
4
Rep.
23.
The
Case
of
the
Manor
of
Allesly
in
Warwickshire
.
Rolls
.
Abr.
511.
mesme
Case
.
Custom
is
to
Grant
for
one
,
two
,
or
three
Lives
,
a
Grant
to
one
,
durante
viduitate
,
is
within
the
Custom
;
for
the
Estate
granted
was
less
than
the
Custom
warranted
.
The
Custom
was
,
That
the
Wife
shall
have
the
Land
for
term
of
her
Life
.
The
Evidence
was
,
That
the
Custom
was
,
that
she
shall
have
it
,
durante
viduitate
.
Per
Cur.
This
Evidence
doth
not
maintain
the
Custom
,
4
Rep.
30.
Downe
and
Hopkin's
Case
.
pur
auter
vie
,
for
there
shall
be
no
occupancy
of
it
,
but
the
Lord
shall
have
it
,
if
the
Tenants
pur
auter
vie
dye
,
living
cesty
que
vies
,
and
this
is
not
a
greater
Estate
than
three
Lives
,
but
lesser
,
Rolls
Abr.
511.
Ven
and
Howel
.
More
,
n.
922.
Webster
and
Allen.
Custom
is
,
when
any
Tenant
sells
his
Tenement
,
three
Proclamations
shall
be
made
the
next
Court
day
,
and
if
any
of
the
Blood
of
the
Vendor
,
will
give
as
much
mony
as
the
Vendor
will
,
he
shall
have
it
.
A
Tenant
in
consideration
of
one
hundred
pounds
in
Mony
,
and
that
the
Vendee
,
being
his
Physician
,
had
cured
him
,
sold
it
to
him
;
and
the
next
of
Blood
at
next
Court
offers
a
hundred
pound
,
yet
he
shall
not
have
it
,
for
it
was
given
partly
for
the
other
consideration
,
and
the
Custom
shall
be
for
mony
only
,
1
Rolls
Abr.
568.
So
if
he
had
sold
it
in
consideration
of
a
Lease
for
years
,
and
1
d.
ibid.
CAP.
V.
Of
particular
Customs
,
either
enabling
or
disabling
;
in
respect
of
the
Lord
,
of
the
Tenant
,
and
of
the
Estate
,
Limited
or
Leased
;
and
in
respect
of
Discents
.
WHAT
particular
Customs
have
been
adjudged
good
,
or
what
not
;
either
enabling
or
disabling
Customs
,
Vide
supra
of
Customs
,
ratione
loci
.
And
they
may
be
considered
in
three
respects
.
-
Of
the
Lord
.
-
Of
the
Tenant
.
-
Of
the
Estate
.
1.
In
respect
of
the
Lord
and
his
Priviledge
.
The
Wife
of
the
Lord
shall
not
be
endowed
against
a
Copy-holder
,
for
the
title
of
Dower
is
not
consummate
before
the
death
of
her
Husband
;
Siderfin
,
p.
9.
Chamberlain
and
Drake
;
Vide
infra
.
March
.
Rep.
8.
Whether
the
Lord
of
a
Manor
might
grant
Copies
in
the
remainder
only
,
with
the
assent
of
the
Tenants
,
was
a
question
if
it
was
a
good
Custom
,
but
not
resolved
,
3
Leon.
226.
The
Copy-holder
is
surdus
&
mutus
,
the
Lord
shall
have
the
custody
,
for
otherwise
he
shall
be
prejudiced
in
his
Rents
and
Services
,
and
not
the
Prochein
Amy
,
Cro.
Jac.
105.
Eavers
and
Skinner
.
Leon.
p.
1.
Bornford
and
Packington
,
2
Brownl.
217.
Hitchins
and
Cooper
.
Custom
was
,
that
if
the
Tenant
did
not
repair
,
and
it
was
presented
by
the
Homage
,
March
p.
161.
Thorn
and
Tyler
.
For
the
Custom
which
gives
the
distress
,
knits
it
to
the
Land
,
and
so
it
is
not
meerly
personal
;
otherwise
the
Lord
by
such
a
devise
as
this
,
viz.
by
making
the
Lease
for
one
year
by
the
Tenant
,
should
be
defeated
of
his
Services
;
and
though
a
Custom
cannot
extend
to
a
Stranger
,
transit
terra
cum
onere
.
He
that
shall
have
the
Land
ought
to
undergo
the
charge
:
By
all
the
Judges
in
that
Case
.
Customs
as
to
Surrenders
,
vide
Surrenders
.
Customs
as
to
Forfeitures
,
vide
sub
titulo
Forfeitures
.
Customs
as
to
Admittances
,
Fines
,
vide
Fines
,
Admittances
.
Custom
,
More
,
n.
1088.
The
Lord
Grey's
Case
.
Customs
in
respect
of
the
Tenants
.
As
to
Forfeitures
,
vide
sub
titulo
Forfeitures
.
As
to
Surrenders
,
vide
Surrenders
.
As
to
Fines
,
vide
Fines
,
&c.
&
Sparsim
per
tout
▪
Brownl
.
Rep.
Gittins
and
Cooper
.
Per
Cur.
The
Custom
is
reasonable
,
and
the
difference
is
,
where
the
Law
or
Ordinance
takes
away
the
whole
profit
of
the
Commoners
,
and
where
it
abridgeth
it
only
.
And
the
Commoners
are
bound
to
take
notice
of
these
Ordinances
,
March
.
p.
28.
James
and
Titney
.
Custom
to
make
By-Laws
.
And
this
Law
was
made
,
That
no
Tenant
of
the
said
Manor
,
should
put
into
such
a
Common
,
any
Steer
being
a
year
old
or
more
,
upon
pain
of
6
d.
for
every
such
Offence
,
and
that
it
should
be
lawful
to
distrein
the
same
.
It
s
avoided
by
Law
,
for
it
s
against
common
Right
,
where
a
man
hath
Common
for
all
his
Cattel
commonable
,
to
restrain
him
to
one
kind
of
Cattel
;
and
had
it
been
that
none
should
put
in
his
Cattel
before
such
a
day
,
that
had
been
good
,
for
this
doth
not
take
away
,
but
order
the
Inheritance
,
1
Leon.
190.
Erbery
and
Latton
.
Custom
was
,
A
Copy-holder
for
Life
may
nominate
his
Successor
to
have
it
for
Life
,
Cro.
Jac.
368.
Ford's
Case
.
1
Rolls
Rep.
125.195
.
More
,
n.
1071.
mesme
Case
.
2
Brownl
.
85.
Rolls
and
Mason
.
Noy
Rep.
2.
Yestmester
Custom
.
In
this
he
hath
a
greater
Estate
than
a
Sole
Tenant
for
Life
.
In
Replevin
and
Avowry
for
not
doing
Suit
,
Modern
Rep.
p.
77.
Legingham
and
Porphiry
.
It
s
a
good
Custom
,
this
not
being
a
customary
Court
,
but
a
Court-Baron
,
where
the
free
Suitors
are
Judges
,
Siderfin
p.
361.
mesme
Case
.
2
Keb.
344
,
380
,
851
,
mesme
Case
.
The
Custom
was
,
More
,
n.
1088.
Lord
Grey's
Case
,
Vide
prius
.
Of
Customs
in
respect
of
the
Estate
.
Here
I
shall
recite
some
few
Cases
of
Customs
about
Leasing
and
Limitation
of
Estates
,
when
good
or
not
.
As
to
the
Custom
concerning
Leases
,
Vide
Leases
and
Licenses
.
As
to
the
Custom
of
Intailing
Copy-holds
,
and
barring
them
,
Vide
sub
titulo
,
Entails
.
As
to
the
Ceremony
of
Presentment
,
vide
Presentment
.
Pled
.
quod
si
terre
sunt
concesse
habend.
sibi
&
suis
,
grantee
habet
in
feodo
,
Ra.
Entries
627
▪
116
,
155.
Pled
.
quod
si
terrae
sunt
concessae
al.
2
pro
vitis
,
ille
qui
primo
nominatus
in
copia
habeat
terras
solus
pro
vita
,
3
Br.
475.
Hern
73
,
83
,
124
,
654
,
712.
Simile
de
terris
concessis
al
2.
pro
vitis
in
reversione
,
Co.
Entr.
184.
Croke
Jac.
p.
671.
Page's
Case
.
Prochein
Amy
,
in
which
case
although
he
was
not
Prochien
Amy
,
he
is
chargable
as
Prochein
Amy
,
according
to
his
Claim
,
but
here
he
claimeth
by
the
Custom
and
Grant
of
the
Lord
,
and
not
in
the
Right
of
the
Heir
,
1
Leon.
p.
266.
Case
357.
Anonymus
.
The
Custom
was
,
Crok
.
El.
392.
Brown
and
Foster
.
Custom
in
the
Manor
of
Sedgly
in
Com.
Staff
.
was
,
Per
Cur.
it
s
a
good
Custom
,
for
then
the
Lord
may
know
his
Tenant
,
and
the
Tenant
may
have
the
Estate
and
pay
his
Fine
.
It
s
void
by
the
act
of
God
;
but
had
the
Custom
been
,
That
if
a
Copy-holder
within
the
year
surrender
his
Copy-hold
,
that
the
Lease
shall
be
void
,
this
is
an
unreasonable
Custom
,
Lit.
Rep.
233.
Hutton
126
,
127.
Turner
and
Hodges
.
Custom
,
Hutton
,
p.
101.
Custom
,
More
,
n.
27.
pur
vie
,
to
let
for
another
mans
.
Life
.
A
Custom
,
That
Lessee
for
Life
may
let
for
another
man's
Life
,
is
no
good
Custom
;
but
the
Lord
may
by
Custom
Lease
the
same
for
Life
and
forty
years
after
,
More
,
n.
27.
Cesty
que
use
is
admitted
,
he
shall
avoid
all
mean
acts
or
dispositions
made
by
the
Lord
,
as
well
as
upon
a
Surrender
,
and
this
though
he
was
not
admitted
in
the
life
of
the
Tenant
so
forfeiting
,
Vide
infra
Tit.
Intayling
Copy-holders
.
In
respect
of
Discents
.
The
Manor
of
Wadhurst
in
Com.
Sussex
,
consisted
of
two
sorts
of
Copy-hold
,
viz.
Sookland
and
Bondland
,
and
by
several
Customs
in
several
Manors
;
as
if
a
man
be
first
admitted
to
Sookland
,
and
afterwards
to
Bondland
,
and
dyes
seized
of
both
,
his
Heir
shall
inherit
both
;
but
if
he
be
first
admitted
to
Bondland
,
and
afterwards
to
Sookland
,
and
of
them
dye
seized
,
his
youngest
Son
shall
Inherit
,
1
Leon.
p.
36.
Kemp
and
Carter
.
A.
Seized
of
Copy-hold
in
Fee
,
ea
intentione
,
That
he
shall
re-grant
this
to
him
and
his
Wife
,
and
to
the
Heirs
of
himself
,
and
the
Lord
re-grants
this
accordingly
.
And
there
is
a
Custom
,
That
if
any
person
seised
in
Fee
of
such
customary
Lands
,
and
dyes
so
seized
,
that
the
Land
shall
descend
filio
juniori
,
&c.
And
A.
having
Issue
three
Sons
,
and
ten
years
after
his
death
,
the
youngest
Son
dyes
in
the
Life
of
his
Mother
,
without
Issue
.
Per
Jones
and
Crook
,
The
elder
Brother
shall
have
this
as
Heir
to
the
youngest
,
and
not
the
middle
Brother
,
Berkly
contra
,
1
Rolls
Abr.
624.
Reeve
and
Malster
.
Vide
Maxims
of
Copy-holds
,
supra
.
CAP.
VI.
Customs
of
a
Manor
as
to
Wives
and
Widows
of
Copy-holders
.
What
are
good
and
what
not
.
As
also
of
Tenancy
per
le
Curtesie
.
And
where
the
Severance
of
the
customary
Tenants
from
the
Manor
shall
not
prejudice
.
CUstom
of
Manors
,
That
Husbands
shall
be
Tenant
per
le
Curtesie
,
and
the
Pleading
,
More
171.
Custom
of
a
Manor
is
,
That
the
Wife
shall
have
it
during
her
Life
;
and
on
Evidence
it
appears
the
Custom
was
,
she
should
have
it
durante
viduitate
;
this
Evidence
doth
not
maintain
the
Custom
,
because
it
is
a
less
Estate
,
Cok.
4.
Rep.
30.
That
the
Wife
of
a
Copy-holder
for
Life
,
may
hold
it
durante
viduitate
,
was
agreed
to
be
a
good
Custom
;
and
so
the
Custom
of
Taunton-Dean
,
That
if
a
Copy-holder
in
Fee
marries
a
Wife
,
Noy
Rep.
p.
2.
There
can
be
no
Dower
nor
Tenancy
by
the
Curtesie
of
the
Copy-hold
,
unless
by
special
Custom
,
1
Anderson
292.
It
was
admitted
by
the
Court
to
be
a
good
Custom
,
That
an
Executor
or
Administrator
shall
have
an
year
in
the
Land
of
the
Copy-holder
,
Noy
,
p.
29.
Remington
and
Cole
.
If
a
Woman
be
Dowable
of
Copy-hold
by
Custom
,
if
the
Husband
after
the
marriage
makes
a
Lease
for
years
,
good
by
the
Custom
,
More
,
n.
147.
Holder
and
Fairly
.
For
he
comes
under
the
Custom
as
well
as
the
Feme
.
The
Custom
of
a
Manor
was
,
Quod
quilibet
tenens
per
Copiam
poterit
dimittere
terras
suas
pur
vie
,
or
in
Fee
,
or
in
Tayl
,
cooperta
viro
poterit
devisare
her
Copy-hold
Land
to
her
Husband
or
to
any
other
,
by
the
assent
of
her
Husband
.
Per
Cur.
The
Custom
is
not
unreasonable
:
But
because
it
was
poterit
devisare
which
is
a
word
of
justification
,
and
it
should
have
been
usi
sunt
devisare
,
by
way
of
excuse
;
it
was
adjudged
against
the
Plaintiff
,
More
,
n.
268.
And
so
was
one
Welsh's
Case
,
in
C.
B.
41
El.
3
Leon.
p.
81.
Skipwith's
Case
.
The
Custom
was
,
That
Widows
should
enjoy
during
their
Widow-hood
.
J.
B.
for
Life
,
by
Copy
and
after
conveys
the
whole
Manor
to
W.
who
conveyed
the
Inheritance
and
Free-hold
of
B's
Tenement
for
mony
paid
by
B.
to
J.
S.
and
others
,
and
their
Heirs
,
during
the
Life
of
J.
B.
the
remainder
to
Ellen
,
then
Wife
of
J.
B.
the
remainder
to
J.
B.
in
Fee
.
J.
B.
Grants
his
remainder
in
Fee
to
his
Son
and
his
Heirs
.
The
Son
having
Issue
a
Son
,
dyed
,
and
then
Ellen
dyed
.
J.
B.
marries
Frances
,
and
dyes
seized
of
his
customary
Estate
.
Frances
shall
enter
and
enjoy
her
Widows
Estate
;
for
it
is
clear
,
That
the
customary
Estate
of
J.
B.
remained
as
it
was
during
his
Life
,
not
extinct
nor
altered
by
the
purchase
of
the
Fee-simple
,
which
during
his
Life
was
in
others
,
not
in
him
;
and
then
it
follows
by
consequence
,
That
all
customary
Incidents
to
such
a
customary
Estate
remain
,
whereof
this
is
one
,
which
by
Custom
and
Law
grows
of
it self
out
of
that
Estate
,
as
a
Descent
should
have
done
if
J.
B.
had
been
a
Copy-holder
in
Fee
,
and
the
Freehold
had
been
granted
to
another
in
Fee
,
Hobart
,
p.
181.
Howard
and
Bartlet
.
It
is
not
in
the
power
of
the
Lord
to
destroy
Widows
Estates
.
By
the
severance
Incidents
to
the
Tenancy
are
not
destroyed
,
but
Incidents
to
the
Seigniory
are
.
Cole
.
Hobart
181.
Vide
Admittance
.
Per
Cur.
she
shall
not
hold
her
Free-Bench
;
aliter
,
if
the
Lord
had
enfeoffed
a
Stranger
of
that
Land
,
yet
the
Land
remained
Copy-hold
,
and
the
Custom
is
not
taken
away
,
Crok
.
Jac.
126.
Lashmer
and
Avery
.
Per
Cur.
The
Action
lyes
not
,
because
the
Court-Baron
could
not
hold
Plea
,
nor
award
Execution
of
40
l.
Damages
,
although
the
Damages
were
there
well
assessed
,
More
,
n.
559.
If
a
Feme
Copy-holder
holds
the
Land
durante
viduitate
,
and
then
takes
Husband
,
the
Lord
shall
have
the
Corn
,
Oland's
Case
.
Vide
Emblements
.
The
Widows
customary
Estate
is
due
to
her
,
a
mensa
&
thoro
,
Hobart
,
p.
181.
Howard
and
Bartlet
.
Tenant
of
a
Copy-hold
for
Life
,
Winch
Rep.
27.
Allen
and
Branch
.
That
the
Wife
shall
not
have
her
Dower
,
Leon.
p.
226.
Pleadings
.
Custom
.
Quod
Uxores
habeant
Tenementa
custumaria
durante
viduitate
sua
,
Dyer
192.
3
Br.
403
,
476.
Hern
73.
Quod
Uxores
Tenen
.
custumar
.
in
feodo
habeant
pro
vita
Tenementa
unde
viri
obierunt
seisita
.
Et
si
viri
dimiser
.
tunc
revers
.
&
reddit
,
Cok.
Ent.
123.
CAP.
VII
.
Custom
as
to
Timber
,
Woods
and
Vnder-Woods
;
and
what
Prescription
by
a
Copy-holder
to
cut
Trees
shall
be
good
or
not
.
TEnant
by
Copy
of
Court
Roll
cannot
by
the
Common
Law
take
Trees
for
House-bote
,
Hedge-bote
and
Cart-bote
,
&c.
as
Tenant
for
Life
or
Years
may
do
,
who
have
an
Estate
certain
;
but
a
Copy-holder
by
special
Custom
may
do
it
,
Cro.
El.
p.
5.
Lord
Mountague
against
Sheppard
.
Where
a
Custom
was
alledged
to
be
,
That
every
Copy
holder
may
cut
down
Trees
at
his
pleasure
,
this
Custom
is
against
Common
Law
Winch
,
p.
1.
If
a
Custom
be
,
That
a
Copy-holder
may
not
cut
down
Trees
,
it
is
good
or
not
good
with
this
difference
:
If
he
be
a
Copy-holde
of
Inheritance
,
such
a
Custom
is
good
;
but
if
he
be
a
Copy-holder
for
Life
,
its
no●
good
,
1
Bulstr.
150.
Earl
of
Northumberlan●
against
Wheeler
.
The
Tenant
prescribes
to
c●●
and
dispose
all
the
Trees
upon
his
Tenancy
▪
its
an
ill
Prescription
.
Aliter
of
a
Copy-holde
of
Inheritance
,
Noy
,
p.
2.
So
it
is
adjudged
it
1
Rolls
Abr.
650.
Glascock
and
Peche
.
It
s
a
good
Custom
,
Queen
Eliz.
Seized
of
the
Manor
of
H.
i●
Fee
,
demiseth
the
same
to
J.
W.
except
Omnibus
boscis
subboscis
arboribus
&
maremiis
,
&c
▪
Habend
.
for
twenty
one
years
;
He
35
Eliz.
Assigns
his
Interest
to
J.
P.
and
others
.
Queen
Eliz.
dyes
,
King
James
grants
to
F.
S.
and
W.
reversionem
praed.
ac
premissa
sic
ut
prefertur
except
.
to
them
and
their
Heirs
,
the
Lessees
Attorn
;
afterwards
F.
and
W.
by
Deed
release
to
S.
and
his
Heirs
.
And
at
a
Court
held
by
the
Lessees
their
Steward
grants
by
Copy
to
W.
B.
Def.
certain
of
these
Copy-hold
Lands
,
on
which
Oaks
and
Ashes
grew
,
for
term
of
Life
,
secundum
consuetudinem
Manerij
;
and
that
there
is
such
a
Custom
,
That
every
Copy-holder
Tenant
for
Life
,
used
to
take
all
Trees
growing
upon
his
Copy-hold
,
to
be
employed
for
Fuel
,
Bounds
,
Fences
.
&c.
Per
Cur.
1.
Notwithstanding
the
Severance
by
the
Exception
,
and
notwithstanding
the
Tenant
comes
in
by
Voluntary
Grant
for
Life
;
yet
such
Grantee
shall
have
the
Estovers
:
for
the
Estate
of
the
Copy-hold
is
not
derived
out
of
the
Lord
,
Where
Copy-holder
by
Custom
may
not
Fell
and
Sell
Trees
,
but
take
the
Shrouds
of
the
Trees
for
Fuel
;
if
the
Copy-holder
by
force
of
the
Custom
shrouds
the
Trees
,
and
the
Lord
takes
the
Body
of
the
Trees
,
Copy-holder
may
bring
Action
of
the
Case
against
him
,
Goswell's
Case
,
cited
in
Ford
and
Hoskins
Case
.
Rolls
Rep.
196.
Brownl
.
p.
192.
Rolls
and
Mason
.
In
this
Case
which
was
well
argued
by
the
Judges
in
2
Brownl.
195.
There
were
two
Customs
.
1.
That
a
Copy-holder
for
Life
may
name
his
Successor
.
2.
That
such
Copy-holder
may
cut
down
all
the
Trees
growing
upon
the
Copy-hold
Lands
.
The
first
Custom
was
adjudged
good
and
reasonable
,
and
the
second
was
adjudged
void
.
Copy-holder
may
justifie
cutting
Boughs
for
House-bote
,
Hedge-bote
,
Cart-bote
,
&c.
Brownl
.
p.
329.
Heydon
and
Smith
.
But
Tenant
by
Copy
of
Court
Roll
cannot
make
Waste
,
nor
cut
Trees
to
sell
,
but
for
his
benefit
in
repairing
his
House
.
If
a
Copy-holder
for
Life
cuts
down
Timber
Trees
,
the
Lord
may
take
them
.
If
under
Lessee
for
years
of
a
Copy-holder
cuts
down
Timber
,
it
shall
not
be
a
forfeiture
of
the
Copy-hold
Estate
,
Stiles
p.
233.
A
Copy-holder
may
prescribe
to
have
the
Toppings
of
Trees
for
Fire-bote
and
Hedge-bote
,
Noy
,
p.
14.
Cross
and
Abbot
.
Presidents
of
Customs
as
to
cutting
Wood
and
Trees
.
Quod
tenentes
custumarii
mes
.
habuer
.
communiam
estoveriorum
in
solo
alterius
,
solvendum
annuatim
,
2d
.
Dyer
363.
Quod
tenentes
custumar
.
in
feodo
succidant
arbores
ad
libitum
,
Cok.
Entr.
284.
Ub.
130.
Simile
,
1.
Br.
252.
Quod
tenentes
custumarii
amputent
pollingers
,
13
Rep.
67.
Quod
tenen
.
custumar
.
repararent
sepes
in
t
.
terras
custumar
.
&
boscum
per
lignum
capiend
.
in
bosco
,
1
Leon.
313.
Quod
tenentes
custumarii
usi
fuer
.
amputare
arbores
pro
sepiment
.
&
focali
,
&
succidere
arbores
pro
reparatione
domorum
per
assigna
'
,
Hern
226.
CAP.
VIII
.
Customs
as
to
Commons
,
and
where
Severance
shall
not
prejudice
.
And
Pleadings
in
such
case
.
THE
Custom
is
that
Copy-holders
for
Life
have
used
to
have
Common
in
Waste
,
or
Estovers
in
Wood
,
or
any
other
profit
appendant
in
parcel
of
the
Manor
;
after
the
Lord
aliens
the
Waste
,
Woods
,
&c.
in
Fee
,
and
after
grants
certain
Copy-hold
Lands
,
and
Houses
for
Lives
;
such
Grantees
shall
have
Estovers
,
Common
,
&c.
notwithstanding
the
Severance
;
Quod
infra
manerium
tali●
habetur
,
&c.
consuetudo
;
for
after
the
Severance
the
Waste
or
the
Woods
are
not
within
the
Manor
,
but
absolutely
divided
from
it
;
but
he
shall
plead
,
That
until
such
a
time
(
viz.
)
before
the
severance
,
talis
habetur
&
a
toto
tempore
,
&c.
consuetudo
,
&c.
and
then
shew
the
Severance
,
mesme
Case
.
cum
pertin
.
be
in
the
Grant
.
Common
which
was
first
gained
by
Custom
,
and
annexed
to
the
customary
Estate
,
is
lost
when
the
Copy-hold
is
extinct
and
infranchised
;
for
Common
is
not
in
its
own
nature
incident
to
a
Copy-hold
Estate
,
but
a
collateral
interest
gained
by
usage
;
therefore
,
Copy-holder
of
a
Messuage
and
two
Acres
of
Land
for
Life
,
had
Common
in
the
Lords
Waste
;
the
Lord
grants
and
confirms
the
said
Copy-hold
Messuage
and
Lands
,
cum
pertinentiis
,
to
him
and
his
Heirs
.
The
Question
was
,
whether
he
should
have
Common
still
.
Per
tot
.
Cur.
he
should
not
.
Custom
hath
annexed
the
Common
to
his
customary
Estate
,
which
being
determined
and
destroyed
by
his
own
act
in
making
it
a
Freehold
,
the
Common
is
also
destroyed
,
and
cannot
continue
without
special
words
;
and
the
general
words
,
cum
pertinentiis
will
not
help
,
Yelv.
p.
190.
Cro.
Jac.
253.
Marsham
and
Hunter's
Case
.
Noy
136.
mesme
Case
.
This
is
a
local
Prescription
,
not
to
the
Land
but
to
the
Estate
,
and
this
proves
well
the
words
of
the
Prescription
;
for
the
Copy-holder
ought
to
Prescribe
,
That
every
customary
Tenant
within
the
Manor
,
&c.
so
he
hath
his
Common
in
respect
that
he
is
a
customary
Tenant
;
and
this
is
in
respect
of
the
Estate
,
which
he
hath
by
the
Custom
and
not
in
respect
of
the
Land
.
So
was
the
Case
of
Forth
and
Ward
,
where
a
Copy
holder
had
used
to
take
Estovers
,
to
repair
his
Hedges
,
and
the
Lord
granted
to
him
the
Freehold
of
the
Copy-hold
,
by
the
words
of
Grant
unto
him
all
the
Lands
,
Tenements
and
Hereditaments
thereunto
appertaining
,
and
thereto
used
and
occupied
.
It
was
resolved
,
he
should
not
have
Common
in
the
Land
of
the
Lord
,
2
Brownl.
209.
Marsham
and
Hunter
,
More
,
n.
866.
Forth
and
Ward
;
the
words
cum
pertinent
,
do
not
create
a
Common
.
A
Copy-holder
claims
Common
in
another
man's
Land
,
and
the
Lord
Enfeoffs
the
Copy-holder
of
his
Copy-hold
Land
,
he
hath
now
lost
his
Common
:
But
if
a
Copy-holder
hath
Common
in
the
Lords
Wastes
,
and
the
Lord
Enfeoffs
him
of
the
Copy-hold
,
with
all
his
Commons
,
the
Common
is
not
gone
,
1
Brownl.
173.
Lee
and
Edwards
.
And
all
Pastures
and
Common
whatsoever
,
to
the
said
Messuage
or
Tenement
belonging
,
or
used
or
demised
with
the
same
,
and
it
his
intent
that
a
like
Common
shall
be
granted
,
2
Anderson
168.
Wolredg's
Case
.
Abbot
of
F.
was
was
seized
of
a
Manor
,
and
there
was
a
Prescription
for
Common
in
the
Waste
of
the
Manor
,
as
belonging
to
every
Ancient
Tenement
.
King
H.
8.
granted
the
Manor
to
Sir
J.
G.
which
came
to
Sir
T.
G.
who
was
Plaintiff
in
Trespass
:
The
Defendant
justifies
by
an
usitatum
fuit
,
That
it
had
been
there
used
time
out
mind
,
that
every
Tenant
for
years
of
an
Ancient
Tenement
and
Close
within
the
said
Manor
used
to
have
Common
of
Turbary
on
the
Waste
of
the
said
Manor
,
and
that
the
Tenement
and
Close
he
now
hath
,
is
an
Ancient
Tenement
,
and
was
granted
to
him
with
all
Common
appurtenant
to
the
said
Messuage
and
Close
,
accepted
or
reputed
as
part
,
parcel
or
member
of
the
same
.
And
the
Question
upon
a
special
Verdict
was
,
when
the
Lord
of
a
Manor
is
seized
of
a
Waste
,
and
a
Tenant
of
an
ancient
Tenement
prescribes
to
have
Common
in
the
Waste
of
the
Lord
;
afterwards
the
Tenement
is
severed
from
the
Manor
,
and
granted
for
a
Term
to
the
Defendant
,
with
all
Common
appurtenant
to
the
said
Messuage
and
Close
,
whether
this
Common
that
was
before
belonging
to
this
Ancient
Tenement
shall
pass
to
the
Grantee
?
Per
Cur.
This
Prescription
as
it
is
here
laid
with
an
usitatum
fuit
,
Per
Williams
a
Termor
may
prescribe
,
but
not
in
his
own
name
,
but
in
the
name
of
his
Lord
,
That
he
hath
had
for
himself
and
his
Farmers
,
&c
Had
it
been
laid
here
,
with
all
Commons
,
Profits
,
used
,
occupied
and
enjoyed
with
the
Tenement
,
by
the
Farmers
,
this
with
an
averment
had
been
good
,
but
not
as
it
is
here
;
the
Grant
is
here
with
the
usitatum
fuit
;
now
here
the
usitatum
est
is
annexed
to
the
Estate
of
the
Termor
,
which
is
not
good
,
1
Bulstr.
17
,
18.
7
Jac.
Grimes
and
Peacock
,
2
Brownl.
222.
mesme
Case
.
Lessee
for
years
cannot
alledge
an
Usage
;
for
every
usitatum
ought
to
go
in
one self
same
current
,
not
interrupted
,
as
in
the
Case
of
a
Copy-hold
;
but
it
might
pass
by
apt
words
.
It
was
pleaded
,
That
all
the
Inhabitants
in
such
an
ancient
Messuage
ratione
commorantiae
,
ratione
commorantie
.
have
used
to
have
Common
of
Pasture
in
loco
in
quo
,
&c.
't
is
ill
;
for
in
this
word
(
Inhabitants
)
is
included
he
which
hath
no
Interest
but
Habitation
only
,
and
he
that
hath
no
Interest
cannot
have
Common
,
6
Rep.
Gateward's
Case
:
My
Lord
Hobart's
Reason
is
good
.
Common
is
an
Interest
which
must
inhere
in
somebody
,
and
cannot
be
pleaded
by
way
of
Custom
for
the
Inhabitants
that
are
not
permanent
to
prescribe
.
Tenants
in
Fee
must
prescribe
for
Common
,
&c.
in
their
own
name
,
and
others
that
have
Interest
,
as
for
Life
,
Years
,
by
Elegit
,
at
Will
,
&c.
in
the
name
of
the
Lord
,
Gateward's
Case
,
6
Rep.
It
was
a
Question
in
Roberts
and
Hoskin's
Case
,
Modern
Rep.
74.
and
2
Keb.
757.
Sanders
p.
324.
Sola
&
separalis
pastura
,
excluding
the
Lord
is
a
good
Custom
.
Vaughan
251.
North
and
Coe
.
Whether
a
Custom
for
the
customary
Tenants
to
have
solam
&
separalem
pasturam
,
excluding
the
Lord
,
were
a
good
Custom
.
Per
Cur.
it
is
,
notwithstanding
this
Prescription
for
the
sole
Pasture
,
yet
the
Soil
is
the
Lords
,
and
he
hath
Mines
,
Trees
,
&c.
And
my
Lord
Coke
is
express
in
the
point
;
a
man
cannot
Prescribe
for
sole
Common
,
but
for
sole
Pasture
he
may
.
As
for
the
manner
of
pleading
it
,
Vide
the
Books
cited
.
Customs
as
to
devising
by
last
Will
and
Testament
,
Vide
infra
Surrender
to
the
use
of
〈◊〉
mans
last
Will
.
CAP.
IX
.
Of
custumary
Incidents
,
or
collateral
Qualities
.
Of
Copy-hold
Estates
,
and
how
to
〈◊〉
governed
.
With
the
Illustration
of
seven
particular
Cases
.
YOU
may
observe
what
has
been
befor●
treated
,
about
the
nature
of
Copy-hold
Estates
,
that
(
amongst
the
rest
of
the
Cons●derations
in
that
Chapter
)
where
the
Copy-hold
Estate
is
inheritable
,
and
the
Land
discendible
,
That
in
such
Case
the
Law
shall
direc●
the
descent
,
according
to
the
Rules
and
Ma●ims
of
the
Common
Law
,
as
incidents
to
ever●
Estate
descendible
,
as
it
was
in
the
Case
of
Uses
When
they
had
gained
the
reputation
of
Inheritances
descendible
,
the
Common
Law
directed
the
descent
of
them
,
and
that
there
should
be
a
possessio
fratris
of
them
,
as
well
as
of
other
Inheritances
.
So
it
is
in
Copy-hold
Inheritances
,
possessio
fratris
facit
sororem
esse
haeredem
,
Vide
prius
,
sub
titulo
Maxims
.
But
now
such
customary
Inheritances
shall
not
have
by
the
Law
any
other
collateral
Qualities
,
which
do
not
concern
descents
of
Inheritance
,
which
other
Inheritances
at
the
Common
Law
have
,
unless
it
be
by
Custom
;
for
though
they
are
Estates
of
Inheritance
according
to
the
Custom
,
yet
they
are
not
Estates
of
Inheritance
simpliciter
,
that
is
,
to
have
all
collateral
Qualities
,
as
Estates
in
Fee-simple
have
,
but
only
such
which
Custom
hath
setled
and
allowed
,
4
Rep.
22.
Brown's
Case
.
And
accordingly
my
Lord
Hobart
in
Cox
and
Darsen's
Case
,
p.
215.
&c.
saith
,
The
collateral
Incidents
of
Estates
,
as
Dower
,
Tenancy
by
the
Curtesie
,
Wardship
,
&c.
are
not
without
special
Custom
.
And
therefore
Copy-hold
Inheritance
shall
not
be
Assets
to
charge
the
Heir
in
an
Action
of
Debt
,
upon
Bond
made
by
his
Father
,
The
Wife
shall
have
Dower
of
a
Copy-hold
by
special
Custom
,
otherwise
not
;
and
when
she
is
to
be
endowed
of
a
Copy-hold
by
the
Custom
,
then
she
shall
have
all
the
incidents
to
Dower
;
as
to
recover
Damages
for
the
Profits
from
the
death
of
her
Husband
,
by
the
Statute
of
Merton
,
C.
1.
De
viduis
,
4
Rep.
30.
Shaw
and
Tompson
.
J.
S.
who
had
Issue
.
A.
dyed
,
his
Wife
entred
;
the
Wife
dyed
before
admittance
.
The
Question
was
,
if
by
the
Entry
of
the
Husband
,
without
admittance
of
the
Wife
,
he
should
be
Tenant
by
the
Curtesie
.
Per
Cur.
he
shall
;
the
delay
of
the
admittance
of
the
Wife
,
shall
not
prejudice
the
Husband
being
a
third
person
,
More
,
n.
425.
Ever
and
Aston
;
but
if
a
Woman
Copy-holder
in
Fee
takes
Husband
,
who
had
Issue
,
and
the
Wife
dyes
,
there
the
Husband
shall
not
be
Tenant
by
the
Curtesie
without
special
Custom
,
4
Rep.
22.
Ryers
Case
.
The
Lord
seized
a
Copy-hold
without
cause
,
and
grants
it
to
another
,
in
Fee
,
Grantee
dyes
seized
,
and
his
Heir
is
admitted
.
The
first
Copy-holder
dyes
,
his
Heir
enters
,
and
Surrenders
to
the
use
of
a
Stranger
.
Per
Cur.
1.
Descent
of
a
Copy-hold
shall
not
take
away
the
Entry
of
another
Copy-holder
who
hath
right
.
2.
The
Entry
of
the
Heir
without
admission
is
lawful
,
and
being
in
,
his
Surrender
is
good
,
Cro.
Jac.
36.
Joyner
and
Lambert
.
If
one
seized
of
Copy-hold
Land
in
the
Right
of
his
Wife
,
Surrender
this
to
the
use
of
another
in
Fee
,
who
is
admitted
accordingly
;
the
Husband
dyes
,
this
is
no
discontinuance
to
the
Wife
,
nor
her
Heirs
,
but
the
Wife
may
enter
,
and
not
be
put
to
her
cui
in
vita
,
nor
her
Heir
to
her
sur
cui
in
vita
.
If
Copy-holder
for
Life
Surrender
to
the
use
of
another
in
Fee
,
this
is
no
Forfeiture
,
Having
finished
the
Learning
of
Customs
,
in
order
to
the
understanding
of
Copy-hold
Estates
;
it
will
be
convenient
to
say
something
of
the
customary
Tenant
,
and
of
the
Court
,
and
the
Steward
,
which
shall
be
attempted
briefly
in
the
next
Chapter
.
CAP.
X.
The
several
sorts
of
Coph-holders
,
and
who
shall
be
said
to
be
customary
Tenants
.
Of
Copy-hold
,
Burrough-English
.
Of
the
Court
.
Two
sorts
of
Courts
Baron
.
Of
the
Copy-holders
Court.
Who
may
keep
Courts
,
and
to
what
purposes
,
and
where
▪
Of
the
Steward
,
his
Office
and
power
of
Deputation
;
what
he
may
do
ex
officio
,
or
not
.
WE
read
of
three
kinds
of
Copy-holders
in
our
Book
.
I.
Terra
Nativa
:
These
were
called
Bond-Lands
also
,
because
they
held
in
Villenage
.
II.
Custumary
.
And
this
was
held
by
Free-Tenants
.
III.
Mensales
.
As
also
Dominica
,
because
by
this
the
Table
of
the
Lord
is
maintained
.
Some
Copy-hold
Land
is
called
Poadland
,
and
some
Molland
,
a
molli
redditu
,
where
some
small
Rent
was
reserved
.
There
were
two
other
manner
of
Copy-holds
.
Old
Aster
and
new
Aster
.
Aster
signifies
a
Chimney
;
those
Copy-hold
Lands
which
had
had
usually
for
a
long
time
an
House
on
them
,
they
called
Old
Aster
Lands
,
but
those
which
of
late
had
an
House
built
on
them
,
they
called
New
Asters
.
And
in
old
Records
,
the
Bastard
Eigne
did
plead
,
That
he
was
Filius
Askarius
,
as
much
as
to
say
,
Born
in
the
House
.
2
Rolls
Rep.
235.
M.
20
Jac.
B.
R.
Smith
and
Reynard
.
Some
Copy-hold
Land
is
in
the
nature
of
Burrough-English
,
Cro.
Jac.
56.
Curtis's
Case
.
Cro.
Jac.
101.
Whitton
and
Williams
.
Between
a
Copy-hold
in
Burrough-English
,
and
a
Freehold
in
Burrough-English
,
there
is
not
any
difference
as
to
descents
,
Cro.
Car.
411.
Baron
and
Feme
,
Copy
holders
for
Life
of
Copy-hold
,
of
the
nature
of
Burrough-English
,
Reversion
to
the
Husband
in
Fee
;
he
had
Issue
three
Sons
William
,
George
and
Charles
.
The
Father
dyed
seized
of
this
Reversion
,
which
descended
to
Charles
.
Charles
dies
without
Issue
,
the
Wife
dyes
:
Question
was
,
whether
William
,
Brother
and
Heir
of
Charles
,
or
George
should
have
it
?
Berkly
and
Bramston
were
for
George
,
because
there
being
a
Reversion
expectant
upon
Estate
for
Life
,
George
shall
take
his
Title
from
his
Father
,
and
take
by
descent
from
him
who
had
seisin
of
the
Free-hold
,
and
not
make
mention
of
him
who
had
the
Reversion
expectant
upon
an
Estate
for
Life
.
Crok
.
Car.
410.
Reeve
and
Malster
.
So
Tenant
per
the
Curtesie
,
per
the
Custom
.
In
Gloucestershire
there
is
in
a
Manor
a
Custom
,
That
Executors
shall
have
the
Profits
for
a
year
:
In
some
sense
they
are
good
customary
Tenants
.
Transit
terra
cum
onere
,
he
enjoys
the
Priviledge
of
a
customary
Tenant
,
and
he
shall
undergo
the
Charges
,
March
Rep.
161.
Thorn
and
Tyler
.
Court
.
The
Nature
of
a
Court
Baron
,
and
who
may
keep
Courts
or
not
.
A
Manor
cannot
be
without
a
Court
Baron
,
Vide
supra
,
it
is
inseperably
incident
to
a
Manor
,
without
any
Grant
from
the
King
to
keep
the
same
,
and
this
is
not
drawn
from
the
Crown
,
but
is
to
be
held
de
necessitate
,
1
Bulstr
.
6.
The
King
and
Stafferton
.
The
Court
Baron
must
be
holden
within
the
Manor
,
Co.
Lit.
58.
a.
There
may
be
a
customary
Manor
held
by
Copy
,
and
such
a
customary
Lord
may
keep
Courts
and
grant
Copies
,
11
Rep.
Nevil's
Case
,
Cro.
Jac.
260.
contra
.
Now
there
are
two
sorts
of
Court
Baron
,
Co.
Lit.
58.
And
when
the
Court
Baron
is
of
this
double
nature
,
the
Court
Rolls
contain
matters
appertaining
to
both
.
Cro.
Car.
361.
Seagood
and
Hone.
When
the
Lord
of
a
Manor
having
many
ancient
Copy-holds
in
a
Vill
,
grants
the
Inheritance
of
all
his
Copy-holds
to
another
,
Tenant
at
Will
of
a
Copy-hold
Manor
,
may
grant
Copyhold
Estates
,
but
cannot
keep
Courts
.
Guardian
in
Socage
keeps
Courts
in
his
own
name
,
and
grants
Copies
,
its
good
,
and
shall
bind
the
Heir
.
Vide
Tit.
Grants
,
Cro.
Jac.
55
,
98.
Shopland
and
Rider
.
The
Lord
himself
may
Grant
or
make
Admittance
out
of
the
Manor
,
at
what
place
he
pleaseth
,
but
so
cannot
the
Steward
,
4
Rep.
26.
Melwich's
Case
.
27
Clifton
and
Mollineux
;
Steward
.
Every
Steward
of
Courts
,
is
either
by
Deed
or
without
Deed
;
for
a
man
may
be
retained
a
Steward
to
keep
his
Court
Baron
and
Leet
,
without
Deed
,
and
that
retainer
shall
continue
till
he
be
discharged
,
Co.
Lit.
61.
b.
4
Rep.
30.
And
such
Steward
may
take
Surrender
of
customary
Tenants
out
of
the
Court
,
4
Rep.
30.
Holcroft's
Case
.
In
all
real
Actions
which
concern
Lands
,
the
Suitors
are
the
Judges
;
but
in
personal
Actions
under
the
Sum
of
forty
shillings
,
the
Steward
is
the
Judge
.
Steward
without
Deed
may
take
Surrenders
out
of
Court
,
but
the
Custom
must
warrant
it
.
Note
,
Leon.
p.
227.
Case
307.
Blagrave
and
Wood.
Steward
appoints
his
Deputy
to
keep
a
Court
ad
tradendum
Copy-hold
Land
to
W.
for
Life
,
Per
Cur.
to
take
a
Surrender
and
grant
Land
by
Copy
,
Per
Cur.
the
Grant
is
good
,
One
is
made
Steward
ad
exequendum
per
se
vel
sufficien'
deputatum
suum
.
J.
S.
makes
A.
his
Deputy
,
hac
vice
to
take
a
Surrender
,
&
ad
ulterius
faciend
,
&c.
it
s
a
good
deputation
,
and
though
the
authority
was
to
take
the
Surrender
absolute
,
and
he
takes
a
Surrender
upon
a
Condition
,
yet
its
good
,
by
reason
of
these
words
,
Et
ad
ulterius
faciend.
Cro.
Eliz.
p.
48.
Burdets's
Case
.
The
Kings
Copy-holder
is
attainted
of
Felony
,
whereby
his
Copy-hold
Escheats
;
the
Steward
may
grant
this
over
ex
officio
,
without
any
especial
Grant
,
yet
it
s
his
duty
before
he
does
it
,
to
inform
the
Lord
Chancellor
,
Treasurer
and
Barons
,
4
Rep.
30.
Harris
and
Jay
.
per
se
vel
sufficien'
Deputat
.
suum
.
A.
made
a
Deputation
to
M.
ad
capiend
.
unam
sursum
redditionem
of
one
J.
W.
and
J.
his
Wife
,
and
to
examine
J.
ea
intentione
,
that
the
said
J.
W.
and
J.
might
take
back
an
Estate
for
their
Lives
,
the
remainder
over
to
J.
B.
in
Fee
.
M.
took
two
several
Surrenders
from
the
Husband
and
Wife
,
the
remainder
to
J.
B.
in
Fee
,
upon
condition
to
pay
a
certain
Sum
of
mony
,
&c.
Per
Cur.
The
proceedings
are
well
warranted
by
the
Deputation
aforesaid
,
1
Leon.
p.
289.
Burgess
and
Foster
.
I
can
conceive
this
to
be
the
same
Case
as
the
former
,
and
one
will
well
help
to
explain
the
other
.
If
the
Surrender
and
Re-grant
is
entred
in
the
Roll
of
the
Court
,
dated
to
be
hold●●
the
second
day
of
May
,
and
the
Deputation
bears
date
the
third
day
of
June
after
.
Per.
Cur.
This
misentry
of
the
date
of
the
Court
shall
not
prejudice
the
Party
,
for
this
Entry
is
not
matter
of
Record
,
Vide
ibid.
The
Kings
Auditor
and
Surveyor
for
the
County
of
N.
appointed
a
Steward
for
one
of
the
Manors
,
illa
vice
;
Cro.
El.
699.
Harris
and
Jay
.
4
Rep.
38.
mesme
Case
.
They
ought
to
have
Letters
Patents
of
the
Office
of
Steward
.
Infant
is
not
capable
of
the
Stewardship
of
a
Manor
,
March
p.
41.
Copy-holder
moved
the
Court
,
That
the
Steward
might
be
ordered
to
bring
in
the
Court
Rolls
to
enable
him
to
defend
his
Title
,
but
the
Court
denied
it
,
Stiles
128.
Baron
and
Feme
Copy-holder
in
right
of
his
Wife
,
surrender
out
of
Court
into
the
Hands
of
the
Steward
,
and
she
was
examined
by
him
,
and
it
was
not
proved
that
he
was
Steward
by
Patent
,
Per
Cur.
it
was
good
,
Cro.
Jac.
p.
526.
Smithson
and
Cage
.
Declaration
.
Pro
Senescallo
Cur.
Maner'
impedit
de
Officio
unde
ei
conces
.
pro
vita
,
Rast.
Ent.
5.9
Co.
42.
1
Br.
192.
Hern
232.
CAP.
XI
.
What
things
way
be
granted
by
Copy
.
Of
Grants
by
the
Lord
,
legitimus
Dominus
pro
tempore
.
Disseisor
.
Infant
.
And
in
respect
of
the
Lords
person
or
Estate
,
what
shall
be
good
or
not
.
Of
Grants
by
the
King
,
Lord
.
Who
shall
be
said
a
Lord
sufficient
to
grant
Copies
.
What
amounts
to
a
Grant
,
at
what
place
to
be
granted
.
Of
Grants
by
the
Copy-holder
to
the
Lord
.
A
Manor
may
be
granted
by
Copy
,
C●
.
Lit.
58.
b.
i.
e.
a
customary
Manor
;
and
so
a
Manor
may
be
parcel
of
another
Manor
.
Generally
all
Lands
and
Tenements
with
in
the
Manor
,
and
whatsoever
concerneth
Lands
and
Tenements
may
be
granted
by
Copy
;
as
a
Fair
appendant
to
a
Manor
may
be
granted
by
Copy
,
Co.
Lit.
58
b.
Underwoods
without
the
Soyl
may
be
granted
by
Copy
to
one
and
his
Heirs
,
and
so
may
the
Herbage
or
Vesture
of
Land
.
The
Lord
granted
to
one
and
his
Heirs
,
subboscum
in
M.
Wood
,
annuatim
succidend
.
by
four
or
five
Acres
at
the
least
,
and
then
made
a
Lease
of
the
Manor
:
The
Lessee
cut
Trees
.
Copy-holder
brought
Trespass
.
Lessee
justifies
with
averment
,
That
he
had
left
sufficient
for
the
Copy-holder
to
cut
down
by
four
or
five
Acres
yearly
.
1.
Per
Cur.
annuatm
succidend
.
is
an
Order
only
appointed
for
the
cutting
it
,
and
not
to
restrain
the
Grant
,
More
n.
480.
Taylor
and
Hoe
,
and
Cro.
El.
413.
The
Market
of
Crokeham
in
Sommersetshire
is
always
demised
by
Copy
,
4
H.
6.21
.
cited
in
Hoe
and
Taylor's
Case
,
More
,
n.
480.
and
Cro.
Eliz.
413.
Hoe
and
Taylor
.
The
grant
of
Waste
by
Copy
is
void
,
unless
so
granted
time
out
of
mind
;
also
were
it
good
,
it
would
not
bind
the
Successor
,
in
the
Case
of
a
Bishop
,
3
Keb.
p.
124.
Bishop
of
London
and
Rowe
.
Tonsura
Prati
,
is
grantable
by
Copy
.
So
Herbagia
,
1
Rolls
Abr.
498.
Of
Grants
by
the
-
Lord
,
or
voluntary
Grants
.
-
Copy-holder
.
Copy-holds
come
to
the
Lord
by
Escheats
,
H.
8.
seized
of
a
Manor
in
which
are
Copyholds
,
Grants
Copy-hold
for
Life
generally
:
It
was
a
Quaere
,
in
March
Rep.
206.
Fulham's
Case
,
and
not
resolved
whether
this
be
a
good
Grant
or
not
;
and
Per
Cur.
The
Grant
is
not
void
;
it
never
recites
in
any
Grant
of
the
King
what
is
Copy-hold
.
But
the
great
Question
was
,
whether
the
Copy-hold
was
destroyed
or
not
?
It
was
not
there
resolved
,
but
seems
so
.
But
Downcliff
and
Minor's
Case
is
more
full
to
the
purpose
,
1
Rolls
Abr.
498.
If
the
King
be
seized
of
a
Manor
,
whereof
Blackacre
is
parcel
and
demisable
by
Copy
in
Fee
,
J.
S.
for
Life
,
not
taking
conusance
,
that
this
was
demisable
by
Copy
;
this
is
a
good
Grant
,
though
the
King
recites
not
,
that
this
was
demisable
by
Copy
;
and
by
consequence
this
will
destroy
the
power
to
grant
this
by
Copy
at
any
time
after
,
M.
15
Car.
2.
Voluntary
Grants
by
the
Lord
may
be
considered
in
respect
of
his
-
Person
.
-
Estate
.
Co.
Lit.
f.
58.
b.
8
Rep.
63.
a.
b.
Swain's
Case
.
Noy
,
p.
21.
Grant
by
an
Infant
is
good
,
as
well
as
presentation
to
a
Benefice
.
If
the
Lord
release
to
a
Copy-holder
in
Fee
,
Habendum
to
him
in
Fee
to
the
use
of
another
,
this
is
a
good
use
,
for
upon
such
Release
a
Rent
may
be
reserved
,
2
Rolls
.
Abr.
788.
Sams's
Case
.
What
voluntary
Grants
by
the
Lord
shall
be
good
or
not
,
in
respect
of
the
Estate
or
Interest
which
he
hath
in
the
Manor
,
and
what
not
.
Voluntary
Grants
of
Copy-hold
Estates
,
are
of
such
as
come
to
the
Lords
hands
by
Escheat
or
Forfeiture
,
and
the
Lord
may
grant
them
by
Copy
again
.
It
was
adjudged
in
Harris
and
Jay's
Case
,
Cro.
El.
699.
M.
41
El.
B.
R.
That
a
Copy-hold
Escheated
,
and
which
hath
been
kept
in
the
Lords
hands
divers
years
,
may
be
granted
over
by
the
Lord
himself
,
or
by
his
Steward
.
This
may
be
considered
in
respect
of
the
-
Quantity
and
-
Quality
of
his
Estate
.
He
must
be
Legitimus
Dominus
,
a
lawful
Lord
at
the
time
of
his
voluntary
Grant
;
and
then
as
to
the
quantity
of
his
Estate
in
the
Manor
,
be
it
great
or
little
,
is
not
material
,
whether
he
be
seized
of
,
or
interested
in
the
Manor
,
in
Fee
or
Tayl
,
Dower
or
Curtesie
,
for
Life
or
Years
,
Tenant
per
Statute
,
Elegit
or
at
Will
,
or
on
Condition
,
he
may
grant
any
Copy-hold
Escheated
to
him
,
for
as
long
time
as
the
Custom
doth
allow
,
the
Rents
and
Services
being
truly
reserved
,
and
these
Grants
shall
bind
them
that
have
the
Inheritance
or
Freehold
of
the
Manor
;
the
Reason
is
well
delivered
in
Coke
For
a
Copy-holder
upon
voluntary
Grants
made
by
Copy
,
doth
not
derive
his
Estate
out
of
the
Lords
Estate
only
;
for
then
the
Copy-holders
Estate
should
cease
when
the
Lords
Interest
determineth
,
but
the
Life
of
the
Copyholders
Estate
is
the
Custom
of
the
Manor
;
and
therefore
whatsoever
befalleth
the
Lords
Interest
in
his
Manor
,
be
it
determined
by
course
of
time
,
death
,
forfeiture
,
or
other
means
,
yet
if
the
Lord
were
Legitimus
Dominus
pro
Tempore
,
though
his
Estate
in
it
be
very
small
,
yet
that
is
enough
;
for
the
same
Custom
that
fixeth
a
Copy-holder
instantly
in
his
Land
upon
his
Admittance
,
will
likewise
protect
and
support
his
Interest
to
the
end
in
such
manner
,
that
though
the
Lords
Interest
faileth
,
yet
the
Copy-holders
Interest
shall
not
fall
,
being
upheld
by
such
a
Pillar
,
unless
he
forfeit
it
by
his
own
act
.
Blewet
Lord
of
a
Manor
,
wherein
are
many
Copy-holders
,
grants
the
Stewardship
to
S.
for
Life
,
and
after
becomes
a
Lunatick
,
and
found
upon
Inquisition
,
and
thereupon
commited
W.
to
E.
C.
and
others
,
under
the
Seal
of
the
Court
of
Wards
,
Per
Cur.
they
cannot
,
for
by
the
Law
they
have
no
Estate
in
the
Manor
,
nor
are
Lords
thereof
for
the
time
being
;
but
the
Lunatick
by
his
Steward
may
grant
Copy
holds
and
so
it
was
decreed
.
But
it
was
ordered
that
the
Steward
should
grant
none
without
the
privity
of
the
Committees
,
and
warrant
from
the
Court
,
but
this
was
only
for
caution
,
Sir
James
Ley's
Rep.
f.
47.
Blewit's
Case
.
Therefore
if
the
Lord
sever
a
Copy-hold
from
the
Manor
,
There
is
this
Custom
in
a
Manor
,
That
every
Copy-holder
Tenant
for
Life
,
had
used
to
take
all
Trees
growing
upon
his
Land
to
be
employed
for
Fuel
,
and
Repairs
,
and
Estovers
.
Queen
Eliz.
being
Seized
of
this
Manor
,
demiseth
it
to
J.
W.
except
Omnibus
boscis
subboscis
arboribus
&
maremiis
,
Habend
.
(
except
pre-except
)
for
twenty
one
years
;
who
assigns
all
his
Interest
to
J.
P.
and
others
.
Queen
Eliz.
dyes
,
King
James
grants
reversionem
praed.
ac
premissa
sic
ut
prefertur
except
.
to
A.
F.
R.
S.
and
P.
W.
and
their
Heirs
,
the
Lessees
Attorn
;
A.
F.
and
P.
W.
release
to
R.
S.
and
his
Heirs
.
Lessees
and
their
Steward
,
&c.
grant
to
W.
B.
Def.
a
Messuage
and
a
Vierge
of
Land
whereon
the
Trees
grew
,
for
term
of
Life
,
secundum
consuetudinem
Manerij
;
The
Question
was
,
inasmuch
as
the
Lessees
hold
the
Court
by
virtue
of
the
said
Lease
of
the
Manor
(
out
of
which
Lease
the
said
Trees
were
excepted
)
if
the
Def.
(
the
Grantee
of
the
Lessees
)
may
take
the
Trees
.
Per
Cur.
he
may
,
notwithstanding
the
Severance
by
the
Exception
,
and
notwithstanding
he
comes
in
by
Voluntary
Grant
and
not
by
Surrender
;
for
the
Estate
of
the
Copy-holder
which
comes
in
by
Voluntary
Grant
,
is
not
derived
out
of
the
Estate
or
Interest
of
the
Lord
of
the
Manor
,
for
he
is
but
as
an
Instrument
to
make
the
Grant
,
Coke
Cop.
If
the
Lord
of
a
Manor
commits
Felony
or
Murder
,
and
Process
of
Outlawry
is
awarded
against
him
;
after
the
Exigent
he
granteth
Copyhold
Estates
according
to
the
Custom
and
then
is
Attainted
;
these
Grants
are
good
though
by
relation
the
Manor
was
forfeited
from
the
time
of
the
Exigent
awarded
.
So
if
the
Lord
had
been
Attainted
by
Verdict
or
Confession
.
If
the
Lord
of
a
Manor
acknowledgeth
a
Statute
,
and
then
granteth
Lands
by
Copy
,
Lease
for
years
is
made
of
a
Manor
,
and
to
be
void
upon
breach
of
a
Condition
;
Condition
is
broken
,
and
Lessee
before
entry
of
the
Lessor
,
grants
Estates
by
Copy
;
these
Grants
shall
never
exclude
the
Lessor
,
for
upon
breach
of
the
Condition
the
Lease
is
void
.
But
in
case
of
a
Lease
for
Life
,
or
Grant
in
Tayl
,
or
Fee
of
the
Manor
on
such
Condition
,
the
granting
Estates
by
Copy
,
before
Entry
of
the
Lessor
,
&c.
may
be
good
;
for
before
his
Title
be
executed
by
Entry
,
the
Tenant
,
&c.
hath
a
lawful
Interest
to
grant
by
Copy
,
Coke
Cop.
p.
100
,
101.
Sect.
34.
But
if
a
Parson
before
Induction
grant
Lands
by
Copy
,
being
parcel
of
a
Manor
which
is
Glebe
Land
,
this
admitting
binds
not
,
though
he
be
afterwards
Inducted
,
Ibid.
But
in
all
these
Cases
before
put
,
observe
these
three
Rules
.
1.
These
Grants
must
be
according
to
the
Custom
of
the
Manor
,
and
Rents
and
Services
customary
must
be
reserved
.
2.
Though
it
is
not
material
what
Estate
or
Interest
the
Lord
hath
,
Pur
auer
vie
of
a
Manor
is
,
Cesty
que
vie
dyes
,
the
Tenant
continued
possession
of
the
Manor
,
and
held
Courts
,
and
made
voluntary
Grants
by
Copy
.
Per
Cur.
This
shall
not
bind
the
Lord
,
for
he
was
but
Tenant
at
sufferance
,
who
had
not
any
Interest
,
and
so
he
was
a
Disseisor
of
the
Manor
,
More
,
n.
369.
Rouse
and
Artois
.
3.
As
to
the
Lords
Grant
of
the
Copy-hold
Estate
in
respect
of
his
Estate
in
the
Copy-hold
,
there
the
quantity
of
the
Lords
Estate
is
to
be
regarded
;
for
if
a
Copy-holder
in
Fee
surrender
to
the
use
of
the
Lord
for
Life
,
the
remainder
over
to
a
Stranger
,
or
reserving
the
reversion
to
himself
,
if
the
Lord
will
grant
this
by
Copy
in
Fee
,
whatsoever
Estate
the
Lord
hath
in
the
Manor
,
yet
having
but
an
Estate
for
Life
in
the
Copy-hold
,
no
larger
Estate
shall
pass
than
he
himself
hath
,
Coke
Cop.
96.
What
acts
of
the
Lord
in
granting
Copy-holds
are
not
confirmed
by
Custom
,
but
only
strengthned
by
the
Power
,
Interest
and
Authority
of
the
Lord
,
have
no
longer
continuance
than
the
Lords
Estate
continueth
.
Therefore
if
a
Tenant
for
Life
of
a
Manor
,
granteth
a
Licence
to
a
Copy-holder
to
alien
and
dyeth
,
the
Licence
is
destroyed
and
the
power
of
Alienation
ceaseth
.
Now
as
to
the
Quality
of
the
Lords
Estate
,
he
must
be
Legitimus
Dominus
,
he
must
have
a
lawful
Estate
in
the
Manor
.
The
Rule
in
Cokes
4
Rep.
Clark
and
Pennyfeather's
Case
,
is
universally
true
.
If
Tenant
in
Tayl
of
a
Manor
,
discontinueth
the
Tayl
,
and
after
the
discontinuance
granteth
Copy-hold
Estates
,
and
dyeth
;
now
the
Discontinuee
comes
in
under
a
just
Title
,
and
shall
enjoy
against
all
the
World
,
during
the
Life
of
Tenant
in
Tayl
,
yet
his
Interest
being
determined
by
the
death
of
Tenant
in
Tayl
,
pur
auter
vie
,
who
continues
in
after
the
death
of
Cesty
que
vie
.
Vide
supra
.
Rous
and
Artois
Case
,
4
Rep.
24.
mesme
Case
.
Provisione
Legis
,
but
so
as
to
be
accountable
for
Fines
,
Owen
,
p.
115.
Shopland
and
Radlen
.
More
,
n.
292.
Sir
Peter
Carew's
Case
236.
contra
.
So
a
Tenant
in
Dower
of
a
Manor
may
grant
Copy-hold
,
parcel
of
that
which
she
hath
assigned
in
Dower
in
Reversion
(
Habend
,
post
mortem
A.
P.
)
though
it
was
doubted
in
the
Earl
of
Arundel's
Case
;
and
the
reason
is
the
Custom
.
For
it
is
said
in
Gay's
Case
,
Cro.
El.
p.
661.
There
is
a
Custom
alledged
,
That
Dominus
pro
tempore
,
may
demise
for
one
,
two
or
three
Lives
,
per
Popham
,
ibid.
Vide
mesme
Case
1
Rolls
Abr.
499.
In
some
special
Case
,
an
Estate
may
be
granted
by
Copy
,
Co.
Lit.
58.
b.
At
what
place
the
Lord
may
Grant
.
The
Lord
of
a
Copy-hold
Manor
may
himself
grant
a
Copy-hold
at
any
place
out
of
the
Manor
,
4
Rep.
26.
b.
Melwich's
Case
.
What
amounts
to
a
Grant
.
The
admittance
of
the
Lord
amounts
to
a
Grant
to
him
who
had
a
Title
;
Aliter
,
if
it
is
to
him
who
was
in
by
wrong
,
as
by
disseisin
,
4
Rep.
22.
Winch
Rep.
67.
Hasset
and
Hanson
.
Grant
by
the
Copy-holder
to
the
Lord
.
Though
a
Copy-holder
may
not
convey
his
Copy-hold
to
a
Stranger
,
without
Surrender
and
Admittance
;
yet
he
may
grant
his
Estate
out
of
Court
to
the
Lord
of
the
Manor
,
by
Bargain
and
Sale
;
for
the
Custom
is
not
between
the
Lord
and
his
Tenant
,
but
between
themselves
only
,
Winch
Rep.
p.
57.
Hasset
and
Hanson
.
A
Copy-holders
Release
to
the
Lord
is
a
good
Release
,
1
Keb.
808.
CAP.
XII
.
Exposition
of
Grants
.
By
what
words
in
Grants
,
Copy-hold
shall
pass
or
not
.
What
things
shall
pass
by
Grant
of
another
thing
as
Appurtenant
or
Incident
.
A
Copy-holder
of
a
Manor
which
had
Common
by
Prescription
,
in
sixty
Acres
,
parcel
of
the
Demesns
of
the
Manor
Escheated
,
and
the
Lord
by
Deed
granted
it
to
another
in
Tayl
,
Per
nomina
,
&c.
communiarum
quarumcunque
dicto
Messuagio
sive
tenemento
spectan
sive
in
aliquo
modo
pertinen
.
vel
cum
eodem
Messuagio
dimisso
usitat
.
Per
Cur.
The
Donee
in
Tayl
shall
have
such
Common
as
the
Copy-holder
had
.
But
the
ancient
Common
which
was
by
Prescription
,
is
determined
by
unity
of
possession
in
the
Lord
,
but
the
Grant
enures
as
a
new
Grant
of
the
same
Common
:
As
,
a
Grant
to
Islington
of
the
like
Liberties
which
London
hath
,
is
a
new
Grant
of
the
like
Liberties
,
Cro.
Eliz.
p.
794.
M.
42
Eliz.
B.
R.
Worledge
and
Kingswel
.
If
the
Lord
of
a
Manor
be
seized
of
a
Copy-hold
Estate
,
and
grants
this
to
another
,
Rolls
Abr.
67.
Brooks
and
Brooks
:
But
in
Surrender
aliter
.
Vide
infra
Tit.
Surrender
.
Copy-holder
in
Fee
Surrenders
to
the
Lord
ad
intentionem
,
That
the
Lord
shall
grant
this
again
to
him
for
Life
,
the
remainder
to
his
Wife
until
his
Son
shall
come
at
full
Age
,
and
after
to
his
Son
;
the
Copy-holder
dyes
,
and
after
the
Lord
executes
it
to
the
Woman
.
Per
Cur.
This
Interest
to
the
Wife
is
a
Term
,
Dyer
251
,
259.
cum
pertin
.
)
what
passeth
.
Copy-holder
had
Common
of
Estovers
in
the
Lords
Woods
,
appurtenant
to
his
Copy-hold
,
and
he
purchased
the
Free-hold
of
Inheritance
in
the
Copy-hold
,
and
had
words
in
his
Deed
of
Purchase
,
of
all
Commons
appertaining
to
his
said
Messuage
.
Per
Cur.
The
Common
which
he
had
in
the
Copy-Estate
was
extinct
because
the
Common
appertained
to
the
customary
Estate
,
which
is
determined
,
and
because
now
he
claims
from
the
Lord
,
in
whom
the
Common
may
not
stand
divided
from
the
Land
and
Soil
of
the
Wood
;
but
had
there
been
special
words
in
the
Grant
of
the
like
Common
as
he
had
in
the
Common
.
Before
the
Surrender
it
had
been
good
,
as
a
new
Grant
of
the
Common
,
More
,
n.
915.866
.
Fort
and
Ward
.
By
what
words
in
Grants
Copy-holds
shall
pass
or
not
.
All
the
Demesn
Lands
.
)
King
Ed.
6.
by
Patent
granted
omnes
terras
Dominicales
Manerij
de
W.
It
was
adjudged
,
That
customary
Lands
held
by
Copy
,
parcel
of
the
same
Manor
shall
not
pass
,
and
yet
they
are
in
the
Law
parcel
of
the
Demesns
of
the
Manor
;
but
in
the
Case
of
a
common
Person
they
shall
pass
by
those
words
,
1
Rep.
46.
in
Alton
Wood's
Case
.
But
if
a
man
grant
all
his
Demesn
Lands
,
his
Copy-hold
Lands
will
not
pass
,
if
he
had
other
Demesns
to
satisfie
the
words
of
the
Grant
,
2
Rolls
Rep.
236.
And
if
I
grant
all
my
Lands
and
Tenements
in
D.
my
Copy-hold
Lands
there
pass
not
,
because
they
cannot
pass
by
any
such
assurance
,
Owen
.
Upon
a
special
Verdict
,
King
H.
8.
seized
in
Fee
of
the
Manor
of
D.
granted
by
his
Letters
Patents
to
Richard
Andrews
and
Peter
Temple
in
Fee
,
(
Inter
alia
)
omnia
Messuagia
terras
tenementa
redditus
reversiones
servitia
&
hereditamenta
sua
in
D.
subscripta
(
viz.
)
totum
illum
annualem
redditum
quindecim
solidorum
&
alia
ser
vitia
ex●untia
de
terris
W.
K.
ac
totum
illud
Messuagium
&
6
vergatas
terrae
in
D.
in
tenura
J.
D.
Habend
.
&
tenend.
omnia
predicta
Messuagia
terras
tenementa
redditus
reversione
servitia
&
hereditamenta
in
D.
pred
.
to
the
said
Richard
Andrews
and
Peter
Temple
,
and
their
Heirs
.
The
Question
was
,
whether
this
was
a
good
Patent
to
convey
the
said
Lands
of
the
said
W.
R.
(
being
a
Copy-holder
pur
vie
.
)
Per
Cur.
It
was
a
void
Patent
to
convey
the
Lands
of
the
Copy-holder
to
them
;
for
there
is
not
any
Land
granted
but
the
Rents
and
Services
of
W.
R.
which
is
intended
Freehold
,
and
there
being
none
such
the
Grant
is
meerly
void
,
Cro.
Car.
21.
Castle
and
Hobbs
.
By
Hobart
,
if
the
King
grant
you
his
Demesns
,
you
shall
not
have
his
Copy-holds
,
in
Waste
and
Pretty's
Case
,
Winch
,
p.
3.
What
things
shall
pass
by
Grant
of
another
thing
,
as
Appurtenant
or
Incident
,
or
not
.
If
there
be
a
Common
appendant
to
a
Copy-hold
Tenement
,
Rolls
Abr.
61.
So
if
he
Lease
the
Copy-hold
Tenements
for
years
,
with
such
words
as
before
,
yet
Lessee
shall
not
have
any
Common
for
the
reason
aforesaid
,
ibid.
Per
Cur.
The
Copy-hold
Land
shall
not
pass
by
these
words
cum
Pertinentiis
;
and
in
this
it
is
all
one
in
case
of
a
Copy-hold
as
a
Freehold
,
Cro.
Jac·
p.
526.
Smithson
and
Cage
.
By
Feoffment
of
the
Manor
Copy-holds
pass
,
3
Keb.
456.
Copy-holder
had
Common
of
Estovers
in
the
Lords
Wood
appurtenant
to
his
Copy-hold
,
and
he
purchased
the
Inheritance
of
the
Copy-hold
,
of
all
Commons
appertaining
,
the
Common
is
extinct
,
had
there
been
special
words
;
aliter
,
More
,
n.
915.866
.
Vide
supra
.
CAP.
XIII
.
Of
Surrenders
.
The
nature
of
a
Surrender
.
General
Rules
and
Diversities
for
the
better
Explication
.
Of
the
Alienation
of
Copy-hold
Estates
in
general
,
and
of
selling
Copy-holds
by
Commissioners
of
Bankrupts
in
particular
.
Of
Surrender
in
Court.
By
what
words
a
Surrender
will
pass
.
What
amounts
to
a
Surrender
.
Of
a
Surrender
out
of
Court
.
Who
may
take
a
Surrender
out
of
Court
.
What
Surrender
out
of
Court
is
good
or
not
.
Of
Surrenders
.
The
Nature
of
a
Surrender
.
A
Surrender
is
a
giving
up
of
the
Land
by
the
Tenant
to
the
Lord
,
according
to
the
Custom
,
to
the
use
of
him
that
is
to
have
the
Estate
,
and
is
entred
in
this
manner
.
The
form
thus
,
according
to
Mr.
Littleton
.
Ad
hanc
curiam
venit
A.
de
B.
&
sursum
reddidit
in
ead
.
curia
unum
Messuagium
,
&c.
in
manus
Domini
ad
usum
C.
de
D.
&
Haeredum
suorum
,
vel
Haeredum
de
corpore
suo
exeuntium
,
vel
pro
termino
vitae
suae
,
&c.
Et
super
hoc
venit
paerdictus
C.
de
D.
&
cepit
de
Domino
in
ead
.
Curia
Messuagium
praed.
&c.
Habend
.
&
tenend
.
sibi
&
haeredibus
suis
,
vel
sibi
&
haeredibus
de
corpore
suo
exeuntibus
,
vel
sibi
ad
terminum
vitae
,
&c.
Ad
voluntatem
Domini
secundum
consuetudinem
manerij
,
faciendo
&
reddendo
inde
redditus
servitia
&
consuetudines
inde
prius
debita
&
consueta
,
&c.
Et
dat
Domino
pro
fine
,
&c.
Et
fecit
fidelitatem
,
&c.
Note
,
The
Surrender
to
the
Lord
is
general
,
without
expressing
any
Estate
,
for
that
he
is
but
an
Instrument
to
admit
Cesty
que
use
;
for
no
more
passeth
to
the
Lord
,
but
to
serve
the
Limitation
of
the
Use
,
and
Cesty
que
use
,
when
he
is
admitted
,
shall
be
in
by
him
that
made
the
Surrender
,
and
not
by
the
Lord
.
And
therefore
if
Copyholder
in
Fee
Surrender
to
the
use
of
another
for
Life
,
nothing
more
passeth
from
him
,
but
what
shall
serve
the
Estate
limited
to
use
,
9
Rep.
107.
Podger's
Case
.
A
Surrender
is
in
nature
of
a
Deed
Poll
,
rather
than
of
an
Indenture
,
and
enures
by
way
of
limitation
of
use
,
1
Sanders
151.
If
a
Copy-holder
Tenant
Surrender
to
the
use
of
himself
,
Habend
.
to
him
and
his
Wife
,
and
the
Heirs
of
their
Bodies
,
it
seems
this
is
void
;
for
it
is
in
nature
of
a
Grant
at
Common
Law
,
for
she
was
not
named
in
the
Premisses
,
2
Rolls
Abr.
67.
Brooks's
Case
,
Vide
infra
.
A
Surrender
is
to
this
purpose
,
that
the
Lord
should
not
be
a
Stranger
to
his
Tenant
.
A
Surrender
is
but
a
Conveyance
by
matter
of
Fact
,
and
no
higher
,
and
therefore
where
Surrenderer
is
Infant
,
and
dyes
,
his
Heir
shall
enter
,
Cro.
El.
90.
Knights's
Case
.
Rolls
Abr.
501.
Shepard
and
Adams
.
In
grant
of
a
Reversion
,
General
Rules
and
Maxims
.
1.
Implication
is
not
good
in
a
Surrender
,
though
it
be
in
a
Will.
A
Surrender
of
Copy-hold
Land
was
to
the
Use
of
the
second
Son
for
Life
,
after
the
Death
of
the
Tenant
and
his
Heirs
,
it
was
adjudged
not
good
,
1
Brownl
.
Rep.
127.
Allen
and
Nash
,
Noy
.
152.
2.
In
Copy-hold
Cases
,
a
Surrender
to
the
Use
,
&c.
This
is
no
Use
properly
,
but
an
Explication
shewing
how
the
Land
shall
go
,
1
Brownl.
127.
3.
It
is
the
general
Custom
of
the
Realm
,
That
every
Copy-holder
may
Surrender
in
Court
,
and
need
not
to
alledge
any
Custom
therefore
;
so
if
out
of
Court
he
Surrender
to
the
Lord
himself
,
he
need
not
in
Pleading
alledge
any
Custom
;
but
if
he
Surrender
out
of
Court
into
the
Hands
of
the
Lord
,
by
the
Hands
of
two
or
three
Copy-holders
,
or
by
the
Hands
of
the
Bayliff
,
&c.
or
by
the
Hands
of
any
other
,
these
Customs
are
particular
,
and
therefore
he
must
plead
them
,
Co.
Lit.
59.
a.
The
Estate
of
Cesty
que
use
shall
ensue
the
Limitation
in
the
Surrender
,
and
not
in
the
Admittance
of
the
Lord
,
Co.
Lit.
659.
b.
If
two
Joynt-Tenants
be
of
Copy-hold
Lands
in
Fee
,
and
the
one
out
of
Court
,
according
to
the
Custom
,
surrender
his
part
to
the
Lords
Hands
to
the
use
of
his
Will
,
and
by
his
Will
deviseth
his
part
to
a
Stranger
in
Fee
,
and
dyes
,
and
at
next
Court
the
Surrender
is
presented
;
by
the
Surrender
and
Presentment
,
the
Joynture
is
severed
,
and
the
Devisee
ought
to
be
admitted
to
the
moiety
of
the
Lands
,
for
now
by
relation
the
state
of
the
Land
was
bound
by
the
Surrender
,
and
the
Lord
cannot
grant
a
larger
Estate
than
is
exprest
by
the
limitation
of
the
Use
,
1
Rol●
Rep.
438.
In
Grant
of
a
Reversion
,
Attornment
is
not
necessary
for
a
Copy-holder
,
Vide
supra
.
5.
Copy-hold
may
not
be
surrendred
but
by
actual
Surrender
in
Court
,
and
not
by
a
Surrender
in
Law
,
Vide
infra
.
6.
A
Copy-holder
cannot
Surrender
an
Estate
to
another
,
and
leave
a
particular
Estate
in
himself
,
no
more
than
a
Freeholder
,
Vide
apres
.
Before
I
come
directly
to
treat
of
Surrenders
(
one
of
the
most
useful
pieces
of
Learning
as
to
Copy-hold
Estates
,
)
I
shall
premise
some
general
Considerations
,
as
to
the
Alienation
of
Copy-hold
Estates
,
or
of
a
Transferring
of
Copy-hold
Interest
from
one
to
another
▪
and
more
particularly
of
the
Selling
and
Aliening
of
the
Copy-hold
Lands
of
a
Bankrupt
,
the
knowledge
whereof
is
very
necessary
,
and
not
very
common
.
The
Assurance
of
Copy-hold
Land
from
one
man
to
another
(
who
is
not
Lord
)
must
be
made
by
Copy
of
Court
Roll
,
according
to
the
Custom
,
and
this
must
be
by
Surrender
,
and
for
the
perfecting
thereof
must
be
Presentment
and
Admittance
generally
.
For
,
If
I
would
have
my
Estate
pass
according
to
my
Will
,
I
cannot
devise
this
Copy-hold
by
Will
,
but
must
surrender
it
to
the
use
of
my
last
Will
,
and
in
my
Will
I
must
declare
my
intention
.
But
for
the
manner
of
doing
it
,
and
the
operation
in
Law
,
Vide
postea
sub
Titulo
Surrender
to
the
Use
of
a
mans
last
Will
.
And
If
I
would
Exchange
Copy-hold
Land
with
another
,
I
cannot
do
it
by
Deed
of
Exchange
,
but
we
may
Surrender
it
each
to
other
,
and
the
Lord
shall
admit
us
accordingly
.
But
Copy-hold
Estates
in
some
Cases
may
pass
and
be
transferred
from
one
to
another
without
Surrender
,
and
that
by
Release
:
By
Release
sometimes
a
Copy-hold
may
be
transferred
when
it
enures
by
way
of
extinguishment
,
Hetly
,
p.
150.
But
a
man
cannot
pass
a
Copy-hold
Estate
by
way
of
Lease
and
Release
,
because
this
Release
enures
by
way
of
enlargement
of
Estate
,
and
to
transfer
an
Interest
,
but
this
must
be
by
a
Lease
for
a
Year
(
which
is
warranted
,
&c.
)
and
by
Surrender
of
the
Reversion
into
the
hands
of
the
Lord
,
and
he
to
grant
it
over
to
the
Lessee
.
Pretty
,
Winch
Rep.
p.
3.
That
the
Release
was
good
,
without
Surrender
or
Admittance
;
for
the
first
Admittance
is
of
them
and
every
of
them
,
and
the
ability
to
Release
was
from
the
first
Conveyance
and
Admittance
.
In
some
Cases
Copy-holds
cannot
pass
by
Surrender
,
Release
,
Admittance
,
or
otherwise
.
As
for
the
purpose
;
The
Lord
grants
an
ancient
Copy-hold
to
S.
in
Fee
,
and
after
he
grants
the
Inheritance
of
that
Copy-hold
,
to
a
Stranger
in
Fee
.
S.
makes
his
Will
,
and
demiseth
it
to
M.
which
was
surrendred
at
next
Court
;
now
by
the
severance
of
the
Copyhold
from
the
Manor
,
the
Copy-hold
is
not
destroyed
,
but
it
is
not
parcel
of
the
Manor
;
now
if
one
would
alien
this
,
he
cannot
do
it
by
Surrender
,
for
it
s
not
parcel
of
the
Manor
,
neither
can
the
Feoffee
make
Admittance
,
for
he
is
not
Dominus
;
but
if
such
Copy-holder
will
alien
,
there
is
no
way
but
to
have
a
Decree
against
him
and
his
Heirs
in
Chancery
,
and
so
to
bind
his
person
,
but
by
it
the
Interest
of
the
Land
is
not
bound
,
4
Rep.
24
,
25.
By
the
Statute
of
13
El.
Cap.
7.
Copy-hold
Lands
are
to
be
sold
by
Deed
Indented
and
Inrolled
in
any
of
his
Majesties
Courts
of
Record
(
as
other
the
Bankrupts
Land
;
)
but
by
the
same
Statute
it
is
provided
,
That
all
Persons
to
whom
any
such
Sale
shall
be
made
,
shall
before
such
time
as
they
shall
enter
and
take
the
Profit
of
the
same
,
agree
and
compound
with
the
Lord
of
the
Manor
,
of
whom
the
same
shall
be
holden
,
for
such
Fines
or
Incomes
as
heretofore
hath
been
usual
and
accustomed
to
be
yielded
or
paid
therefore
;
and
upon
every
such
Composition
the
Lord
for
the
time
being
,
at
the
next
Court
to
be
holden
at
and
for
the
said
Manor
,
shall
not
only
grant
to
such
Vendee
upon
request
,
the
same
Copy
or
customary
Lands
or
Tenements
,
by
Copy
of
Court
Roll
of
the
said
Manors
,
for
such
Estate
or
Interest
,
as
to
them
shall
be
sold
,
and
reserving
the
ancient
Rents
,
Customs
and
Services
;
but
also
in
the
same
Court
admit
them
Tenants
of
the
same
Copy
or
customary
Lands
,
as
other
Copy-holders
of
the
same
Manor
have
been
wont
to
be
admitted
,
as
also
to
receive
their
Fealty
accordingly
.
Note
,
Copy-hold
Lands
are
within
all
the
Statutes
of
Bankrupt
,
Cro.
Car.
550.
Crisp
and
Plat.
Title
to
a
Copy-hold
cannot
be
made
by
the
Commissioners
,
without
Surrender
or
Admittance
,
1
Keb.
24.
Cro.
Car.
569.
In
Parker
and
Bleke's
Case
it
is
adjudged
,
That
by
Bargain
and
Sale
made
by
the
Commissioners
of
Bankrupts
,
the
Estate
of
the
Copy-holder
is
vested
in
the
Bargainee
before
Admittance
,
though
he
may
not
enter
and
take
the
Profits
till
Admittance
:
The
Bargain
and
Sale
binds
the
Copy-holder
and
bars
his
Estate
,
and
he
is
no
Copy-holder
after
the
Bargain
and
Sale
enrolled
.
And
where
the
Bargainee
is
admitted
by
the
Lord
,
it
shall
have
relation
to
the
Bargain
and
Sale
:
And
where
the
Custom
was
,
That
the
Wife
of
a
Copy-holder
dying
Tenant
shall
have
a
Life
Estate
,
it
was
adjudged
the
Copy-holder
dying
,
after
the
Bargain
and
Sale
,
his
Wife
shall
be
barr'd
of
her
Widows
Estate
.
A
Bankrupt
purchaseth
a
Copy-hold
,
and
the
Tenant
Surrenders
into
two
Tenants
Hands
,
to
the
use
of
the
Bankrupt
,
and
now
he
will
not
be
admitted
:
This
may
be
sold
by
the
Commissioners
and
the
Vendee
may
pay
the
Admittance
.
Of
Surrender
.
Now
I
shall
treat
of
Surrenders
,
then
of
Presentment
and
Admittance
,
for
that
they
make
up
but
one
Copy-hold
Title
.
First
of
Surrenders
.
We
have
seen
in
the
last
Chapter
,
how
that
in
some
Cases
Copy-hold
Lands
may
pass
without
Surrender
.
Now
In
some
few
Cases
a
Surrender
is
sufficient
without
Admittance
,
or
Presentment
,
In
some
Cases
Admittance
will
do
without
a
Surrender
;
But
regularly
Estates
of
Copy-hold
must
pass
by
Surrender
and
Admittance
;
and
if
the
Surrender
be
out
of
Court
there
must
be
a
Presentment
.
Of
a
Surrender
in
Court
.
By
what
words
a
Surrender
will
pass
.
It
cannot
well
pass
by
any
other
word
then
sursum
reddidit
,
Surrender
;
if
it
pass
in
the
Court
by
the
words
,
Give
,
Grant
,
Bargain
,
Sell
,
this
will
not
so
pass
it
,
but
the
Heirs
of
the
Copy-holder
shall
avoid
it
:
It
is
vocabulum
artis
,
as
Warrantizare
,
and
some
other
Law
words
are
.
What
will
amount
to
a
Surrender
in
Court
or
not
.
By
Hobart
in
Hutton
Rep.
p.
81.
That
he
is
weary
of
his
Copy-hold
,
and
requests
the
Lord
to
take
it
,
that
is
a
Surrender
:
And
by
some
,
if
he
come
into
the
Court
,
and
desire
the
Lord
to
admit
his
Son
into
the
Copy-hold
,
this
is
a
good
Surrender
to
the
use
of
the
Son
:
But
if
a
Copy-holder
comes
into
Court
,
and
saith
,
He
renounceth
his
Copy
,
this
is
not
any
Surrender
;
and
if
the
Copy-holder
say
in
the
presence
of
any
other
Copy-holders
,
He
is
content
to
Surrender
to
the
use
of
J.
S.
This
is
not
a
good
Surrender
.
Any
words
in
the
Court
that
declare
his
intention
of
surrendring
into
the
Lords
Hands
,
is
good
,
3
Rep.
80.
in
Belfield's
Case
.
J.
S.
That
in
Consideration
of
5
l.
paid
to
the
Lord
,
J.
S.
should
enjoy
the
customary
Lands
for
his
Life
,
and
also
of
Alice
his
Wife
,
durante
viduitate
,
and
that
J.
S.
should
have
election
,
whether
the
said
Lands
should
be
assured
to
him
and
his
Wife
by
Copy
or
by
Bill
,
&c.
and
he
chose
by
Bill
,
which
was
made
accordingly
.
Per
Cur.
Here
is
a
good
Surrender
of
the
said
Lands
,
and
that
for
Life
only
;
1
Leon.
p.
191.
Collman
and
Sir
H.
Portman's
Case
.
Rolls
Abr.
501.
Shepard
and
Adams
:
But
in
3
Bulst
.
p.
80.
Belfield
and
Adams
,
its
Reported
thus
:
Copy-holder
in
Fee
comes
into
the
Lord's
Court
,
and
there
takes
a
new
Estate
of
his
Copy-hold
from
the
Lord
to
himself
,
for
his
Life
,
after
to
his
Wife
for
Life
,
and
after
to
his
Son
for
Life
,
this
was
admitted
a
Surrender
,
and
so
was
the
other
Case
in
1
Roll
501.
If
a
Copy-holder
in
Fee
comes
into
Court
,
Per
Cur.
he
shall
not
be
estopped
;
it
s
but
as
a
Surrender
,
and
the
Reversion
in
Fee
continues
in
his
own
person
,
1
Rolls
Rep.
265.
Southcot
and
Adams
.
1
Rolls
Abr.
171
,
172.
mesme
Case
.
Of
a
Surrender
out
of
Court
.
A
Surrender
into
the
hands
of
two
Tenants
,
they
are
but
as
Instruments
,
and
therefore
in
an
Arbitrament
,
if
it
s
awarded
that
one
Party
shall
Surrender
into
the
hands
of
two
Tenants
of
the
Manor
,
who
shall
present
this
,
&c.
this
is
a
good
Award
,
although
it
is
to
be
made
to
Strangers
,
who
are
not
compellable
,
because
they
are
to
be
used
as
Instruments
,
M.
13
Jac.
B.
R.
Pooley
and
Coot
.
A
Surrender
out
of
Court
,
if
it
be
duly
done
,
is
as
binding
as
that
that
is
done
in
Court
.
Who
may
take
a
Surrender
out
of
Court
.
A
Copy-holder
may
Surrender
into
the
hands
of
the
Lord
himself
out
of
Court
,
Co.
Lit.
59.
a.
b.
Co.
Lit.
59.
a.
Jac.
B.
R.
Housey
and
Wild.
And
the
Lord
or
his
Steward
may
grant
Copies
out
of
Court
as
well
as
in
Court
,
Cro.
El.
103.
But
in
such
Case
how
it
must
be
presented
,
Vide
sub
Titulo
Presentment
,
infra
.
Leon.
p.
36.
So
if
a
Copy-holder
be
in
extremis
,
the
Custom
was
to
Surrender
into
one
Tenants
hands
,
Wadham
Windham
Justice
,
to
be
good
,
May's
Case
,
Norfolk
Summer
Assises
,
1663.
What
Surrender
out
of
Court
is
good
or
not
.
A
Surrender
by
Letter
of
Attorny
to
two
customary
Tenants
out
of
Court
,
is
good
;
for
as
a
Copy-holder
may
Surrender
in
Court
de
communi
jure
,
by
the
common
Custom
of
the
Realm
,
and
at
Common
Law
,
so
he
may
do
it
by
Attorny
,
as
a
thing
incident
at
Common
Law
;
and
the
reason
is
founded
upon
a
dive
rsity
.
If
a
man
had
a
naked
Authority
,
coupled
with
a
confidence
as
Executors
have
to
sell
Land
,
they
cannot
do
it
by
Attorny
;
Co.
Cop.
105.
But
in
Chapman's
Case
,
Hill.
28.
El.
B.
R.
Where
the
Custom
of
a
Manor
was
,
That
the
Copy-holder
out
of
Court
may
Surrender
into
the
hands
of
the
Lord
of
the
Manor
,
by
the
hands
of
two
customary
Tenants
;
in
such
Case
the
Copy-holder
by
his
Attorny
may
not
Surrender
into
the
hands
of
the
Lord
,
by
the
hands
of
two
Copy-hold
Tenants
,
for
without
special
Custom
to
warrant
it
,
it
s
not
good
.
But
such
Attornies
ought
to
pursue
the
manner
and
form
of
the
Surrender
,
in
all
points
,
according
to
the
Custom
,
as
the
Copy-holder
himself
ought
to
have
done
;
as
if
by
the
Custom
it
ought
to
be
done
by
the
Rod
,
or
any
other
thing
,
&c.
The
form
of
a
Letter
of
Attorny
was
in
this
manner
.
That
the
Copy-holder
doth
Constitute
W.
T.
and
E.
A.
two
Copy-hold
Tenants
of
the
Manor
of
,
&c.
his
lawful
Attornies
to
Surrender
vice
&
nomine
suo
,
to
the
Lord
of
the
Manor
,
ten
Acres
,
&c.
to
the
use
of
J.
N.
and
his
Heirs
,
and
after
at
a
Court
held
in
the
Manor
,
8
July
,
Anno
,
&c.
The
said
Attornies
tunc
tenentes
Dom.
per
Copiam
Rot.
Cur.
&
in
ead.
Curia
ostenderunt
script
.
praed.
geren
.
dat.
praed.
12
die
Novemb.
&c.
Et
iidem
W.
&
E.
authoritate
eis
per
praed.
literam
per
Attornatum
dat.
in
plena
curia
sursum
reddiderunt
in
manus
Dom.
praed.
&c.
Acras
,
&c.
ad
opus
&
usum
,
&c.
Now
the
Attorny
must
do
the
Act
in
the
name
of
him
who
gives
the
Authority
,
as
it
is
in
Brownl
94.
The
Letter
of
Attorny
must
say
for
him
and
in
his
name
,
yet
the
Entry
aforesaid
is
good
;
for
it
is
W.
&
E.
sursum
redderunt
&
authoritate
eis
dat
.
J.
S.
do
Surrender
,
or
by
Authority
of
this
Letter
of
Attorny
,
I
Surrender
,
it
is
all
one
,
9
Rep.
76.
Combe's
Case
.
Not
to
be
done
without
Deed
,
but
admittance
by
Attorny
may
be
without
Deed.
Lessee
for
years
cannot
Surrender
by
Attorny
,
and
how
he
may
.
A
Copy-hold
Estate
cannot
be
surrendred
to
another
by
an
Attorny
,
without
Deed
,
but
one
may
be
admitted
to
a
Copy-hold
Estate
,
by
Attorny
without
Deed
,
Stiles
Pract.
Reg.
74.
Lessee
for
years
cannot
Surrender
by
Attorny
,
but
he
may
make
a
Deed
purporting
a
Surrender
,
and
a
Letter
of
Attorny
to
another
to
deliver
it
,
1
Leon.
p.
36.
Copy-holder
of
Inheritance
makes
a
Letter
of
Attorny
to
two
joyntly
and
severally
,
to
Surrender
his
Copy-hold
Lands
to
certain
uses
,
according
to
the
Custom
of
the
Manor
after
his
death
,
Quaere
,
if
this
be
a
good
Custom
,
Stiles
Rep.
p.
291
,
311.
Wallis
and
Bucknal
,
and
p.
243.
Roby
and
Twelves
.
Litera
Attornatus
ad
sursum
reddend
.
tenementa
custumaria
,
sursum
redditio
&
admissio
,
Co.
Ent.
575
,
676.
Pled
.
quod
tenentes
custumarij
possunt
sursum
reddere
Tenementa
tam
extra
Curiam
in
presentia
2
vel
3
tenentium
quam
in
curia
manus
,
Senel
.
Ra.
Ent.
645.
Simil.
per
1
vel
2
Tenentes
ut
Attornatus
,
Co.
Ent.
657.
CAP.
XIV
.
What
shall
pass
,
and
by
what
words
in
a
Surrender
.
Of
Attornment
.
The
Construction
and
Exposition
of
a
Surrender
.
Where
no
Vse
or
Estate
is
immediately
limited
in
whole
or
in
part
.
And
where
an
Vse
is
limited
,
how
far
the
Construction
shall
go
,
according
to
the
Rules
of
the
Common
Law
,
or
not
.
Of
Surrender
to
Vse
upon
Vse
.
To
the
Vse
of
one's
Wife
.
Where
a
Surrender
is
void
for
the
uncertainty
.
Of
a
Surrender
to
the
Vse
of
a
person
not
in
esse
.
And
of
a
Surrender
to
take
effect
in
futuro
.
What
shall
pass
,
and
by
what
words
in
a
Surrender
.
B.
Covenants
to
assure
all
his
Copy-hold
Lands
to
A.
after
he
Surrenders
out
of
Court
,
according
to
Custom
,
diverse
parcels
by
particular
Names
,
the
Surrender
is
enrolled
accordingly
,
with
this
Conclusion
,
By
the
name
of
all
his
Copy-hold
Lands
there
;
yet
no
more
shall
pass
than
what
was
named
in
the
Surrender
,
Dyer
8
El
▪
251.
Harvy
Justice
said
,
he
knew
it
to
be
adjudged
,
That
a
Surrender
,
cum
pertinentijs
,
will
pass
Land
,
Hetly
,
p.
2.
And
that
a
Surrender
of
a
Messuage
and
three
Acres
,
would
pass
more
Acres
if
divers
Copies
successive
have
been
so
.
I
suppose
he
means
if
the
words
cum
pertinentijs
be
in
.
What
Ceremony
,
&c.
is
requisite
or
not
to
make
good
a
Surrender
.
Rolls
Abr.
235.
mesme
Case
.
Vide
sparsim
de
Attornment
.
The
Construction
and
Operation
of
Surrenders
.
Where
no
Use
or
Estate
is
immediately
limited
in
whole
or
part
.
Cro.
El.
392.
Copy-holder
in
Fee
surrendred
his
Lands
into
the
hands
of
the
Lord
,
without
saying
to
whose
use
the
Surrender
should
be
;
and
at
the
next
Court
the
said
Copy-holder
was
admitted
Habend
.
to
him
and
his
Wife
in
Tayl
,
Per
Cur.
The
subsequent
Act
shall
explain
the
Surrender
,
and
when
the
Copy-holder
accepted
a
new
Admittance
,
the
Law
intends
the
Surrender
was
made
to
such
an
use
as
is
specified
in
the
Admittance
.
Quando
ab
est
provisio
partis
,
adest
provisio
Legis
,
Popham
,
p.
125
,
126.
Brook's
Case
,
Cro.
Jac.
434.
mesme
Case
.
Copy-holder
Surrenders
to
the
use
of
M.
and
R.
without
limitation
of
any
Estate
,
they
shall
only
have
it
for
their
Lives
;
and
in
such
case
,
But
it
is
otherwise
in
the
case
of
a
Copy-holder
for
Life
;
as
if
a
Copy-holder
for
Life
Surrender
to
the
use
of
J.
S.
for
Life
,
and
J.
S.
dyes
,
this
shall
not
revert
to
the
first
Copy-holder
for
Life
,
Mich.
7.
Car.
1.
Eliz.
f.
264.
The
Husband
seized
in
the
right
of
his
Wife
,
Reversion
to
B.
Reversion
to
C.
for
their
Lives
;
the
Husband
surrrenders
to
the
use
of
B.
for
his
Life
,
to
whom
the
Lord
grants
it
for
his
Life
,
and
is
admitted
,
and
after
dyes
;
the
Husband
shall
not
have
it
again
during
his
Wives
Life
,
for
he
had
dismist
himself
of
it
,
Where
an
Use
is
limited
,
how
far
the
Construction
shall
be
according
to
the
Rules
of
Common
Law
or
not
.
Some
lay
it
down
for
a
Rule
,
That
the
same
Construction
which
the
Law
makes
upon
words
in
a
Deed
,
it
will
make
upon
a
Copy
,
is
not
always
true
,
though
regularly
it
is
so
.
As
if
Copy-hold
be
granted
to
a
Corporation
,
where
no
Estate
is
named
,
it
s
a
Fee-simple
.
So
if
Surrender
to
one
and
his
Heirs
,
and
he
reciting
this
Surrender
,
doth
Surrender
it
to
my
use
in
the
same
manner
as
I
surrendred
it
to
him
,
this
is
a
Fee-simple
.
So
if
I
Surrender
to
J.
S.
as
large
an
Estate
as
he
hath
in
the
Manor
of
Dale
,
he
hath
a
Fee-simple
in
that
Manor
,
Co.
Cop.
132.
Per
Cur.
the
Wife
shall
take
by
this
Admittance
,
though
she
was
not
named
in
the
Premisses
.
But
this
Case
of
a
Copy-hold
is
like
to
the
Case
of
a
Will
,
or
to
the
Case
of
a
Frank-Marriage
,
in
which
it
is
sufficient
to
pass
an
Estate
,
albeit
the
Parties
be
only
named
in
the
Habendum
;
aliter
,
where
the
Surrender
is
to
Uses
,
and
she
is
not
named
in
the
Premisses
.
And
the
like
Rule
is
laid
down
in
Bunting
and
Lepingwel's
Case
,
4
Rep.
29.
Yelverton
,
p.
16.
Arnold's
Case
.
Though
we
have
observed
,
Cro.
Car.
366.
A
Copy-hold
is
surrendred
to
the
use
of
F.
K.
and
J.
R.
Son
of
the
said
F.
and
of
the
longest
liver
of
them
both
,
and
for
want
of
Issue
of
J.
the
Son
of
his
Body
,
lawfully
begotten
,
the
Lands
to
remain
to
the
youngest
Son
of
M.
S.
Per
Cur.
J.
had
but
an
Estate
for
Life
,
and
being
an
Estate
for
Life
,
limited
by
express
limitation
,
it
shall
not
be
a
greater
Estate
by
implication
.
Of
Surrender
to
a
Use
upon
Use
.
Surrender
by
A.
to
the
Use
of
B.
and
his
Heirs
,
to
the
use
of
such
person
as
A.
should
name
by
his
Will
,
Per
Twisden
in
Leaper
and
Wroth's
Case
,
it
is
ill
;
no
Use
can
be
raised
upon
an
Use
,
although
it
being
Copy-hold
it
is
not
executed
by
the
Statute
.
But
H.
nominated
by
the
last
Will
of
A.
had
surrendred
to
B.
the
Court
conceived
no
doubt
in
that
Case
,
1
Keb.
627.
Cro.
El.
361.
Paulter
and
Cornhil
,
vide
infra
.
To
the
Use
of
ones
Wife
Is
good
,
though
he
which
is
admitted
is
in
by
him
who
makes
the
Surrender
,
yet
a
man
may
Surrender
to
the
Use
of
his
Wife
,
because
the
Husband
doth
not
do
this
immediately
to
the
Wife
,
but
by
two
means
.
1.
By
Surrender
of
the
Husband
to
the
Lord
,
to
the
Use
of
the
Wife
.
And
2.
By
Admittance
of
the
Lord
to
the
Wife
,
according
to
the
Surrender
,
4
Rep.
29.
Bunting
and
Lepingwel
.
Where
a
Surrender
is
void
for
the
uncertainty
.
Cro.
Jac.
374.
Cobb
and
Betterson
.
But
in
Winkmore's
Case
,
cited
there
,
where
a
Copy
was
granted
to
S.
the
Father
and
to
his
Son
,
and
he
doth
not
demonstrate
which
of
his
Sons
shall
have
it
;
it
was
adjudged
to
be
a
void
Grant
for
the
uncertainty
,
he
having
many
Sons
at
that
time
.
But
that
which
is
wholly
uncertain
,
no
subsequent
manifestation
of
my
intention
can
help
it
,
as
a
Surrender
to
the
Use
of
my
Cosin
or
my
Friend
,
or
to
the
Use
of
J.
S.
or
J.
N.
Surrender
to
the
Use
of
a
Person
not
in
esse
.
And
in
this
point
Limitations
of
Estates
are
not
directed
according
to
the
Rules
of
Law
.
J.
S.
or
to
the
Use
of
the
next
Child
of
J.
S.
or
to
the
next
Wife
of
J.
S.
though
at
the
time
of
the
Surrender
J.
S.
had
no
Child
,
Heir
or
Wife
;
yet
if
he
afterwards
hath
,
his
Heir
,
Wife
or
Child
may
come
into
Court
and
compel
the
Lord
to
admit
according
to
the
Surrender
;
the
reason
of
this
Construction
seems
to
be
,
the
Surrender
is
a
thing
executory
,
and
is
executed
by
the
subsequent
Admittance
,
and
nothing
vests
in
the
Grantee
before
Admittance
;
and
therefore
if
at
the
time
of
the
Admittance
,
he
be
capable
to
take
,
it
s
enough
,
Co.
Copy
.
Put
the
Case
at
Common
Law
,
J.
S.
bargains
and
Sells
to
the
Use
of
the
next
Son
of
J.
D.
and
he
hath
no
Son
then
,
but
after
he
hath
a
Son
before
the
Deed
is
enrolled
,
yet
this
shall
not
be
good
,
and
yet
it
s
as
an
executory
Grant
,
i.
e.
not
perfected
till
enrollment
,
and
nothing
passeth
till
enrollment
,
or
vesteth
in
the
Bargainee
till
then
,
no
more
than
by
Surrender
.
I
will
put
this
Case
.
A
Surrender
is
to
the
Use
of
A.
B.
for
Life
,
and
after
to
the
next
Child
that
J.
S.
shall
have
.
A.
B.
forfeits
his
Estate
,
J.
S.
having
no
Child
at
that
time
,
but
afterwards
he
hath
a
Child
;
shall
this
Child
compel
the
Lord
to
admit
him
?
Q.
for
such
a
Remainder
at
Common
Law
would
be
destroyed
.
But
a
Surrender
to
the
Use
of
the
right
Heirs
of
J.
S.
he
being
alive
,
is
void
,
because
it
cannot
take
effect
according
to
the
intent
of
the
Grantor
,
which
is
to
be
executed
presently
.
ventre
sa
mere
,
his
or
her
Heirs
and
Assigns
,
and
if
it
dye
before
full
Age
or
Marriage
,
then
to
the
Use
of
another
in
Fee
.
Copy-holder
dyes
,
Infant
was
born
,
but
dyes
before
Age
or
Marriage
;
this
is
not
good
,
he
cannot
make
such
a
conditional
Surrender
to
operate
in
futuro
:
But
whether
the
Surrender
to
an
Infant
in
ventre
sa
mere
be
good
,
hath
been
much
much
questioned
,
Cro.
Jac.
376.
1
Rolls
Rep.
109
,
131.
2
Rolls
Abr.
415
,
416.
2
Bulstr.
274
,
275.
Simson
and
Sothern
.
Some
are
for
it
and
some
against
it
.
I
conceive
it
is
allowed
to
be
good
,
as
well
as
a
Devise
to
an
Infant
in
ventre
entre
sa
mere
.
Surrender
to
the
Use
of
J.
S.
for
Life
,
remainder
to
the
Use
of
an
Infant
,
in
ventre
sa
mere
,
is
good
.
Of
a
Surrender
to
take
effect
in
futuro
.
A
Surrender
of
a
Copy-hold
in
Fee
,
a
tempore
mortis
,
is
void
,
1
Sanders
151.
Or
a
Surrender
at
a
day
to
come
is
void
.
Copy-holder
in
Fee
Surrenders
out
of
Court
,
into
the
hands
of
two
Tenants
in
Writing
,
as
follows
.
Memorandum
,
Such
a
day
and
year
,
A.
S.
the
Copy-holder
,
Surrenders
the
Land
,
&c.
to
the
Use
of
B.
and
C.
&c.
This
Surrender
not
to
stand
and
be
of
force
till
after
the
decease
of
A.
S.
Per
Cur.
If
this
Memorandum
should
be
good
,
then
this
had
been
a
Surrender
at
a
day
to
come
,
and
consequently
void
,
and
therefore
the
Surrender
being
perfect
before
,
by
the
first
part
of
the
Instrument
,
this
Memorandum
shall
not
make
it
void
,
but
the
Memorandum
shall
be
void
,
2
Rolls
Abr.
61.
Seagood
and
Hone.
And
the
Reason
is
given
in
Simpson
and
Southern's
Case
,
Cro.
Jac.
p.
376.
A
Copy-holder
cannot
Surrender
an
Estate
to
another
,
and
leave
a
particular
Estate
himself
,
no
more
than
a
Free-holder
,
for
so
the
Surrenderer
should
have
a
particular
Estate
in
him
without
a
Donor
or
Lessor
,
which
by
the
Rule
of
Law
cannot
,
be
,
March
.
Rep.
177.
Bambridge
and
Whitton
;
therefore
Noy
,
p.
152.
is
not
Law
,
Vid.
1
Roll
Rep.
135.
CAP.
XV.
Constructions
of
Surrenders
as
to
Limitations
of
Remainders
and
Reversions
.
Of
Contingent
Remainders
.
Where
the
Heir
shall
be
in
by
Descent
or
Purchase
.
Of
a
Surrender
to
the
Vse
of
ones
last
Will
and
how
to
be
Construed
.
Surrender
upon
Condition
or
Contingency
.
Of
Surrender
before
Admittance
.
Surrender
by
whom
,
to
whom
,
by
Feme
Covert
.
Countermand
of
a
Surrender
.
What
Remedy
to
force
a
Trustee
to
Surender
.
Construction
of
Surrenders
as
to
-
Reversion
-
Remainder
Limitation
.
What
shall
be
good
to
pass
by
the
Name
of
a
Reversion
or
not
.
Per
Cur.
The
Surrender
by
the
name
of
a
Reversion
was
good
in
this
Case
,
though
the
Lease
was
not
made
by
Surrender
(
which
had
then
been
directly
derived
out
of
the
customary
Estate
)
but
by
Indenture
,
for
it
is
still
the
Lease
of
the
Copy-holder
and
not
of
the
Lord
,
and
the
Rent
will
be
divided
by
moities
.
Husband
seized
of
Copy-hold
Land
in
the
right
of
his
Wife
,
who
had
the
Fee
,
surrendred
the
Copy-hold
Land
,
by
the
name
of
a
Reversion
,
after
the
death
of
the
Husband
and
Wife
,
the
Surrender
is
void
;
for
by
that
pretence
there
shall
be
a
particular
Estate
left
in
the
Wife
,
and
also
in
the
Husband
,
Cro.
Eliz.
p.
29.
Clamp's
Case
.
Copy-holder
in
Fee
by
Licence
of
the
Lord
,
15
Feb.
4
Jac.
makes
a
Lease
for
sixty
years
,
rendring
Rent
,
and
the
Lease
was
to
commence
at
Michaelmass
next
ensuing
.
Lessee
enters
and
was
possessed
,
Postea
scil
.
8.
May
,
the
Copy-holder
surrenders
the
Reversion
to
divers
Uses
,
the
Grantee
of
the
Reversion
distrains
for
Rent
,
this
Grant
of
the
Reversion
seems
not
to
be
good
,
the
Surrender
being
made
the
8th
of
May
,
which
was
before
the
inception
of
the
Lease
;
perhaps
if
no
day
had
been
named
it
had
been
good
,
Lit.
Rep.
17
,
18.
Mary
Selby
and
Beck
and
Drewet's
Case
,
there
cited
.
A
Feme
Copy-holder
in
Fee
,
comes
into
Court
and
offers
to
Surrender
to
J.
S.
in
Fee
,
but
she
desires
to
retain
to
her self
an
Estate
for
Life
;
the
Steward
enters
that
she
surrenders
the
Reversion
of
her
Copy-hold
to
J.
S.
after
her
her
death
,
it
s
naught
,
Vide
Attornment
supra
.
Limitations
in
Remainder
and
Construction
thereon
,
and
of
Contingent
Remainder
.
Tenant
for
Life
and
he
in
Remainder
of
a
Copy-hold
,
he
in
Remainder
surrenders
his
Remainder
to
the
Use
of
Tenant
for
Life
,
and
after
his
decease
to
the
Use
of
himself
and
his
Wife
;
the
Estate
limited
to
the
Tenant
for
Life
,
is
void
,
but
the
Estate
limited
to
Baron
and
Feme
,
is
good
,
by
way
of
present
Estate
,
and
not
of
Remainder
,
1
Sanders
Rep.
150
,
151
,
152.
So
in
Siderfin
,
Per
Cur.
the
intent
was
,
that
Husband
and
Wife
shall
have
the
Land
joynly
for
their
Lives
,
in
possession
after
the
death
of
Tenant
for
Life
,
as
by
mediate
Settlement
.
A
Surrender
is
rather
in
nature
of
a
Deed
Poll
than
of
an
Indenture
,
and
enures
by
way
of
limitation
of
Use
,
&
ut
res
magis
valeat
,
Wade
and
Bath
.
J.
S.
and
his
Heirs
,
who
is
an
Infant
,
and
if
J.
S.
dyes
before
the
age
of
twenty
one
years
,
or
marriage
,
then
he
surrenders
this
to
the
use
of
J.
D.
in
Fee
.
This
is
a
good
Remainder
to
D.
upon
the
Contingent
,
2
Rolls
791.
Simpson
and
Southwood
.
It
s
made
a
Quaere
in
Stiles
,
in
the
Argument
of
Pausley's
Case
,
If
by
the
destruction
of
a
particular
Copy-hold
,
a
Contingent
Remainder
be
destroyed
.
Rolls
conceived
not
,
because
it
doth
not
depend
upon
the
particular
Estate
,
but
ought
to
expect
till
the
Remainder
happen
,
Stiles
251.
and
there
is
one
in
esse
to
take
the
particular
Estate
.
But
it
seems
the
Law
to
be
contrary
,
and
that
if
the
particular
Estate
be
destroyed
the
Contingent
Remainder
is
gone
:
As
to
this
,
A
Surrender
is
to
the
Use
of
a
Feme
Covert
,
the
Remainder
to
the
right
Heirs
of
the
Body
of
the
Husband
and
Wife
;
he
in
the
Remainder
shall
not
take
till
the
Husband
dyes
,
for
he
which
is
to
have
this
,
ought
to
be
Heir
of
the
Body
of
both
,
2
Rolls
Abr.
415.
Lane
and
Pannel
:
A
like
Case
as
this
is
also
Reported
,
3
Leon.
p.
4.
Copy-holder
is
surrendred
to
the
Use
of
the
Wife
for
Life
,
the
Remainder
to
the
Use
of
the
right
Heirs
of
the
Husband
and
Wife
;
the
Husband
entred
in
the
right
of
his
Wife
.
Per
Cur.
The
Remainder
is
executed
for
a
moiety
presently
in
the
Wife
,
and
the
Husband
was
seised
of
that
in
the
Right
of
his
Wife
,
and
the
Wife
dying
first
,
her
Heir
shall
have
it
,
but
if
the
Husband
had
dyed
first
,
his
Heir
should
have
had
one
moiety
.
But
the
Case
of
Lane
and
Pannel
(
wherein
was
good
Law
▪
and
nicely
argued
,
)
is
better
Reported
in
1
Rolls
Rep.
238
,
317
,
438.
The
Case
was
this
:
Lane
was
seized
of
a
Copy-hold
in
Fee
,
and
having
a
Wife
,
surrenders
it
to
the
Use
of
Dixon
and
the
Wife
for
their
Lives
,
and
after
to
the
Use
of
the
Heirs
of
the
Body
of
the
Husband
and
Wife
;
and
the
Wife
and
Dixon
are
admitted
to
them
and
their
Heirs
,
and
after
Dixon
surrenders
his
moiety
to
the
Husband
and
Wife
,
and
their
Heirs
,
upon
which
they
were
admitted
;
and
afterwards
they
Surrender
it
to
the
Use
of
one
Davis
in
Fee
,
who
was
admitted
;
then
the
Wife
dyes
having
Issue
,
and
after
the
Husband
dyes
,
the
Heir
brings
an
Action
of
Trespass
;
it
s
not
maintainable
.
The
great
Question
was
,
whether
the
Wife
had
an
Estate
Tayl
executed
(
vested
)
in
her
.
Per
Coke
,
Per
Cur.
when
the
Wife
and
the
Estranger
are
admitted
in
Fee
,
this
doth
not
alter
the
Estate
,
but
they
shall
be
seized
according
to
the
Surrender
.
And
when
Dixon
surrenders
his
moiety
to
the
Use
of
the
Husband
,
non
est
haeres
viventius
,
and
he
which
takes
this
Remainder
ought
to
be
Heir
of
both
their
Bodies
,
or
otherwise
he
shall
not
take
it
at
all
,
and
therefore
the
Remainder
is
destroyed
,
as
to
this
moiety
.
As
to
the
Admittance
of
him
in
Remainder
,
Vide
Admittance
.
Note
,
The
possession
of
a
Lessee
for
years
,
is
the
possession
of
him
in
Remainder
,
yea
,
so
as
to
make
a
possessio
fratris
,
Modern
Rep.
102.
Blackburn
and
Greaves
.
Where
the
Heir
shall
be
in
by
Descent
or
Purchase
.
It
is
a
common
diversity
in
our
Law
,
where
a
Man
surrenders
to
the
Use
of
himself
for
Life
,
and
afterwards
to
another
in
Tayl
,
the
Remainder
to
the
right
Heir
of
him
who
surrendreth
,
there
his
Heirs
shall
have
it
by
descent
;
otherwise
,
where
the
Surrenderer
hath
not
an
Estate
for
Life
,
or
in
Tayl
,
there
his
Heir
shall
enter
as
a
Purchaser
.
To
illustrate
this
by
a
Case
or
two
:
A
Copy-holder
surrendred
his
Lands
to
the
Use
of
a
Stranger
for
Life
,
and
afterwards
to
the
Use
of
the
right
Heirs
of
the
Copy-holder
,
who
afterwards
surrendred
his
Reversion
to
the
Use
of
a
Stranger
in
Fee
,
and
dyed
,
and
Tenant
for
Life
dyed
,
the
right
Heir
of
the
first
Copy-holder
entred
.
Per
Coke
,
nothing
remained
in
the
Copy-holder
upon
the
first
Surrender
,
but
the
Fee
is
reserved
to
his
right
Heirs
,
for
if
he
had
not
made
any
second
Surrender
,
the
Heir
should
be
in
,
not
by
Descent
,
but
by
Purchase
,
1
Leon.
Allen
and
Palmer
.
Per
Cur.
The
word
(
Heir
)
being
limited
to
the
Body
of
B.
is
nomen
collectivum
,
and
all
one
with
the
word
Heirs
,
and
so
B.
had
a
Fee
executed
,
and
his
Heir
shall
have
this
by
Descent
and
not
by
Purchase
:
And
it
is
not
like
to
Archer's
Case
,
1
Rep.
Where
the
Devise
is
to
B.
for
Life
,
and
after
to
his
Heir
Male
,
and
to
the
Heirs
Males
of
such
Heir
Male
,
for
there
the
Inheritance
is
limited
to
the
Heir
Male
of
the
Body
of
such
Heir
Male
,
Stiles
249
,
271.
2
Rolls
Abr.
253.
Powsly
and
Lowdal
.
Not
a
good
Remainder
within
the
Custom
.
A
Copy-hold
which
by
Custom
was
demisable
for
three
Lives
,
was
demised
to
one
for
Life
,
the
Remainder
to
such
a
Wife
as
he
shall
marry
,
and
to
the
first
Son
of
his
Wife
,
Per
Cur.
These
two
Remainders
are
void
,
but
the
Estate
for
his
Life
was
good
,
More
,
n.
1922.
Webster
and
Allen
,
Vide
supra
.
Of
a
Surrender
to
the
Use
of
one's
last
Will
,
and
how
to
be
construed
.
A
man
cannot
devise
Copy-hold
Estate
to
transfer
it
by
his
last
Will
only
,
but
he
must
Surrender
it
in
Manus
Domini
,
to
the
Use
of
his
last
Will
,
and
then
he
may
devise
it
to
whom
he
pleaseth
;
but
its
apparent
that
nothing
passeth
by
the
Will
,
but
all
by
the
Surrender
;
and
the
Will
is
only
a
Declaration
of
the
Uses
of
the
Surrender
,
1
Bulst
.
p.
200.
Semain's
Case
:
But
if
a
Copy-hold
he
devised
without
Surrender
,
But
a
Custom
,
that
a
Copy-holder
shall
Devise
his
Land
,
is
not
good
without
Surrender
,
p.
35
Eliz.
E.
R.
Rot.
334.
Wrot's
Case
.
A
man
seized
of
Copy-hold
Lands
,
devised
a
certain
parcel
of
them
to
his
Wife
for
Life
,
I
have
made
my
Will
,
and
have
appointed
all
things
in
my
Will
as
I
will
have
it
;
and
afterwards
he
said
,
And
here
I
Surrender
all
my
Copy-hold
Lands
into
your
Hands
accordingly
.
Per
Cur.
The
Surrender
is
restrained
by
the
Will
,
and
not
all
his
Copy-hold
Lands
,
but
only
so
much
as
are
mentioned
in
the
Will
,
pass
to
the
Wife
,
3
Leon.
p.
18.
Copy-holder
in
Fee
surrenders
into
the
Hands
of
a
Tenant
,
according
to
the
Custom
,
to
the
Use
of
a
Will
,
which
he
said
he
would
make
and
leave
in
the
Hands
of
his
Partner
Moss
.
Moss
dyes
,
and
after
the
Copyholder
makes
his
Will
,
and
recites
the
Surrender
;
it
seems
that
the
Devisee
shall
have
the
Lands
,
for
the
words
,
When
an
act
is
to
be
done
,
with
referrence
to
another
thing
,
which
is
impossible
,
illegal
or
variant
,
the
act
shall
stand
,
and
the
reference
shall
be
void
,
Lit.
Rep.
p.
23.
Littleton
against
Eaton
.
Let
us
see
now
when
a
man
hath
surrendred
to
the
Use
of
his
last
Will
,
how
the
Estate
stands
in
the
Surrenderer
.
Copy-holder
surrenders
to
the
Use
of
himself
,
for
Life
,
and
after
to
the
Use
of
R.
his
Son
for
Life
,
and
after
to
the
Use
of
his
last
Will
.
R.
dyes
,
the
Father
afterwards
surrenders
it
to
the
Use
of
J.
S.
in
Fee
,
and
dyes
,
without
making
any
Will.
It
s
a
good
Surrender
,
for
a
Copy-holder
may
surrender
parcel
of
the
Estate
,
and
the
residue
shall
be
in
himself
,
and
the
Fee
Simple
of
the
Copy-hold
being
limited
to
the
Use
of
his
Will
,
remains
in
the
Copy-holder
,
and
not
in
the
Lord
,
Cro.
El.
441.
Co.
4
Rep.
23.
Finch
and
Hockly
,
and
that
the
Fee
lyes
not
in
the
Lord
,
is
Bullen
and
Grants
Case
,
1
Leon.
p.
174.
When
one
surrenders
to
the
Use
of
his
last
Will
,
and
thereby
deviseth
Copy-hold
Lands
to
his
middle
Son
,
and
the
Heirs
of
his
Body
,
who
dyes
without
Issue
,
and
the
Lord
grants
it
to
the
youngest
,
the
eldest
Son
may
enter
,
and
Admittance
is
not
necessary
.
J.
S.
seized
in
Fee
of
Copy-hold
Lands
,
devised
it
to
his
Wife
for
Life
,
and
that
she
should
sell
the
Reversion
for
the
payment
of
his
Debts
,
and
after
in
Court
did
Surrender
the
Lands
to
the
Use
of
his
Wife
,
for
Life
,
according
to
the
Will
and
Deed
,
she
may
sell
the
Land
;
he
surrendered
and
referred
to
the
Will
,
and
she
surrendred
upon
Condition
to
pay
12.
l.
this
was
held
to
be
a
good
Sale
,
according
to
the
Will.
Cro.
El.
68.
Bright
and
Hubbard
.
If
there
be
two
Joynt-Tenants
,
Per
Cur.
It
s
a
severance
of
the
Joynture
,
and
shall
bind
the
Survivor
,
for
being
presented
,
it
shall
relate
to
the
first
time
of
the
Surrender
,
Cro.
Jac.
800.
Porter's
Case
,
1
Brownl
.
Rep.
127.
Allen
and
Nash
.
Pleadings
.
Quod
tenens
custumar
.
in
feodo
possit
devisare
in
feodo
pro
termino
vitae
vel
annorum
,
Coke
Ent.
124.
Surrender
upon
Condition
or
Contingency
.
Copy-holder
may
Surrender
to
the
Use
of
another
,
on
Condition
,
if
the
Copy-holder
pay
to
the
Surrendree
,
&c.
ad
Domum
suam
Mansionalem
,
&c.
that
then
the
Surrender
shall
be
void
,
5
Rep.
114.
Wade's
Case
.
A
Copy-holder
may
Surrender
to
the
Use
of
another
,
reserving
Rent
,
A
Copy-holder
surrenders
upon
Condition
,
and
afterwards
by
his
Deed
releaseth
the
Condition
;
its
good
without
surrender
,
for
properly
a
Right
or
Condition
cannot
be
given
or
determined
by
Surrender
but
by
Release
,
Cro.
Jac.
36.
Hull
and
Shardbrook
,
4
Rep.
Kite
and
Quinton
.
Surrender
to
the
Use
of
one
in
Fee
,
upon
Condition
to
pay
100
l.
to
a
Stranger
;
it
was
a
Question
,
if
the
tender
of
100
l.
to
a
Stranger
,
and
he
refusing
,
the
Condition
is
saved
?
By
Beaumont
,
it
is
saved
,
aliter
,
in
Case
of
an
Obligation
,
where
he
takes
upon
him
to
do
it
,
Cro.
El.
p.
361.
Paulter's
Case
.
K.
L.
Father
of
the
Defendant
,
Copyholder
in
Fee
,
surrendred
to
the
Use
of
the
Defendant
in
Fee
,
upon
Condition
he
should
perform
the
Covenants
in
such
an
Indenture
;
the
Defendant
was
admitted
,
and
after
surrenders
the
Land
to
the
Use
of
the
Plaintiff
in
Fee
,
upon
Condition
if
the
Defendant
paid
10
l.
the
Surrender
to
be
void
.
The
Defendant
neither
paid
the
10
l.
nor
performed
the
Covenant
in
the
Indentures
.
The
Father
enters
and
dyes
seized
,
and
it
descends
to
the
Defendant
,
pro
Defendente
,
Cro.
Eliz.
239.
Simonds
and
Lawnd
,
Trin.
33.
Eliz.
If
a
Copy-holder
surrenders
his
Copy-hold
of
Inheritance
into
the
hands
of
the
Lord
,
in
futuro
.
to
the
Use
of
J.
S.
paying
of
an
100
l.
to
his
Executors
,
within
such
a
time
after
his
death
,
he
to
whose
Use
this
Surrender
is
made
,
takes
by
force
of
this
presently
,
Per
Dodridge
,
2
Bulst
.
p.
275.
idem
Case
.
Surrender
upon
Condition
or
Contingency
.
Copy-holder
may
surrender
to
the
Use
of
another
,
on
condition
if
the
Copy-holder
pay
250
l.
ad
domum
suam
mansionalem
,
&c.
that
then
the
Surrender
shall
be
void
,
5
Rep.
114.
Wade's
Case
.
A
Copy-holder
may
surrender
to
the
Use
of
another
,
reserving
Rent
,
A
Copy-holder
surrenders
upon
condition
,
and
afterwards
by
his
Deed
releaseth
the
condition
,
its
good
without
surrender
,
for
properly
a
right
or
condition
cannot
be
given
or
determined
by
Surrender
,
but
by
Release
,
Cro.
Jac.
36.
Hull
and
Sharebrook
,
4
Rep.
Kite
and
Quinton
.
Surrender
to
the
Use
of
one
in
Fee
,
upon
condition
to
pay
100
l.
to
a
Stranger
;
it
was
a
Question
if
the
tender
of
the
100
l.
to
the
Stranger
,
and
he
refusing
,
the
condition
is
saved
.
By
Beaumont
it
is
saved
;
aliter
in
Case
of
an
Obligation
,
where
he
takes
upon
him
to
do
it
,
Cro.
El.
p.
361.
Poulter's
Case
.
The
Form
of
a
Surrender
of
Copy-hold
Land
upon
Condition
,
Vide
Conveyancers
Light
,
p.
827.
Vide
infra
Presidents
.
Of
Surrender
before
Admittance
,
whether
it
shall
be
good
or
not
?
J.
S.
J.
S.
Surrenders
to
a
Stranger
,
who
is
Admitted
.
The
Stranger
takes
nothing
,
for
J.
S.
had
no
Estate
before
Admittance
,
and
the
right
and
possession
still
remains
in
him
who
surrendred
,
and
this
shall
descend
to
his
Heir
.
But
the
diversity
is
,
an
Heir
to
whom
a
Copy-hold
descends
or
comes
in
remainder
,
he
may
surrender
before
Admittance
,
because
he
is
in
by
course
of
Law
,
for
he
Custom
which
makes
him
Heir
to
the
Estate
casts
the
Possession
upon
him
,
from
his
Ancestors
.
But
a
Stranger
to
whom
the
Copy-hold
is
surrendred
,
had
nothing
before
Admittance
because
he
is
a
Purchaser
,
and
the
Copy
made
to
him
upon
his
Admittance
is
his
Evidence
by
the
Custom
;
and
before
this
he
is
not
a
customary
Tenant
,
and
so
he
can
transfer
nothing
to
another
.
Yelv.
p.
144
,
145.
Wilson
and
Weddel
.
Cro.
Jac.
p.
36.
Joyner's
Case
.
Rolls
Abr.
499.
Calchin
and
Calchin
.
Surrender
,
by
whom
.
Popham
.
p.
39.
Infant
within
Age
,
surrenders
to
the
Use
of
another
,
it
s
not
good
,
in
Chancery
,
Mich.
9
Jac.
Hughs
and
Carpenter
.
Baron
seized
of
Copy-hold
in
right
of
his
Feme
,
in
Fee
,
surrenders
without
his
Wife
,
J.
S.
in
Fee
,
who
was
Admitted
;
Baron
dyes
,
Wife
dyes
,
the
Heir
of
the
Wife
enters
,
and
makes
a
Lease
,
and
good
;
this
was
not
any
discontinuance
against
the
Wife
,
to
put
the
Heir
to
his
Plaint
,
in
nature
of
a
sur
cui
in
vita
.
That
Action
is
given
,
where
Recovery
by
default
is
against
the
Baron
and
Feme
,
Popham
39.
Bullock
and
Dibler
.
Copy-holder
pur
vie
Surrenders
to
the
Use
of
another
,
Cro.
Car.
204
▪
King
and
Lord
.
Tenant
for
Life
of
a
Copy-hold
,
where
the
Remainder
is
over
,
may
surrender
to
the
Lord
,
9
Rep.
107.
Podger's
Case
.
A
Feme
Covert
and
J.
S.
are
Tenants
for
Life
of
a
Copy-hold
,
J.
S.
surrenders
his
moiety
to
the
Husband
of
the
Wife
;
this
is
a
severance
of
the
Joynture
,
so
that
he
is
Tenant
in
Common
with
his
Wife
,
2
Rolls
Abr.
88.
Lane
and
Pannel
.
Two
Joynt-Tenants
of
a
Copy-hold
,
and
the
one
surrenders
his
moiety
into
the
Hands
of
the
Lord
,
to
the
Use
of
his
last
Will
,
and
thereby
deviseth
it
to
another
;
this
is
a
good
Devise
,
because
by
the
Surrender
the
Joynture
was
severed
between
them
,
Co.
Lit.
59.
b.
So
if
there
are
two
Joynt-Tenants
in
Fee
of
a
Copy-hold
,
and
the
one
Surrenders
his
part
out
of
Court
,
into
the
Hands
of
the
Lord
,
to
the
Use
of
his
last
Will
,
and
by
his
last
Will
afterwards
deviseth
it
to
the
Use
of
a
Stranger
in
Fee
,
and
after
at
next
Court
the
Surrender
is
presented
;
by
the
Surrender
and
Presentment
the
Joynture
was
severed
,
and
the
Devisee
ought
to
be
Admitted
to
the
moiety
of
the
Land
,
for
now
by
relation
the
State
of
the
Land
was
bound
by
the
Surrender
,
Co.
Lit.
59
b.
Constable's
Case
,
cited
there
.
Where
a
Copy-hold
granted
by
a
Disseisor
,
&c.
shall
be
good
,
and
stand
in
force
against
the
Disseisee
,
and
where
not
.
Mod.
Rep.
199.
Bird
and
Keck
.
quodammodo
judiciales
,
and
which
he
may
be
compelled
to
do
in
a
Court
of
Equity
,
4
Rep.
23.
b.
Clark
and
Penyfeather
.
So
every
one
who
had
a
lawful
Estate
or
Interest
in
a
Manor
(
Dom.
pro
Tempore
)
both
in
Fee
or
Tayl
,
or
Dower
,
or
by
the
Curtesie
,
or
for
Life
,
or
Years
,
or
as
Guardian
,
or
Tenant
by
the
Statute
,
or
Elegit
,
or
at
Will.
Otherwise
of
Tenant
at
Sufferance
:
For
if
there
be
Tenant
pur
auter
vie
,
of
a
Manor
,
and
Cesty
que
vie
dyes
,
and
the
Tenant
continue
in
the
Manor
,
and
hold
Courts
,
and
makes
voluntary
Grants
,
by
Copy
,
this
shall
not
bind
the
Lessor
;
aliter
of
Admittance
upon
Surrender
,
or
upon
Descent
,
4
Rep.
24.
Rous
and
Archer's
Case
;
such
Grants
shall
not
be
avoided
by
disability
of
the
person
,
or
defect
of
Interest
,
or
exility
of
the
Estate
of
the
Lords
(
as
at
Will
,
sur
condition
,
&c.
)
8
Rep.
63.
Swain's
Case
:
Or
whether
it
were
granted
by
non
compos
mentis
,
Infant
,
Bishop
,
Parson
,
non
sanae
memoriae
,
&c.
it
is
not
material
in
Surrenders
,
Vide
supra
in
Tit.
Lords
Grants
.
If
a
Copy-hold
Escheat
or
come
into
their
Hands
during
their
time
,
they
may
re-grant
it
,
reddendum
the
ancient
Rents
,
Customs
and
Services
,
and
this
shall
bind
the
Lord
who
had
the
Inheritance
or
Free-hold
,
4
Rep.
ibid.
So
such
Grant
by
Baron
and
Feme
shall
bind
the
Wife
,
notwithstanding
the
Coverture
;
So
a
Grant
by
a
non
compos
mentis
,
a
Bishop
,
Infant
,
and
so
Feme
Covert
,
non
sanae
memorie
,
Infants
,
Successors
of
Bishops
,
Parsons
,
Prebends
,
are
bound
by
the
said
Custom
,
it
being
that
the
Tenements
sunt
dimiss
.
&
dimissib
.
per
Dom.
Manerij
pro
tempore
existen
,
&c.
ibid.
vide
supra
.
By
a
Feme
Covert
.
A
Tenant
out
of
Court
cannot
take
a
Surrender
of
a
Feme
Covert
,
for
that
she
is
secretly
to
be
examined
by
the
Steward
,
Tothil
,
p.
108.
unless
by
special
Custom
.
Rives
,
Mich.
41
El.
B.
C.
and
Per
Cur.
by
special
Custom
to
warrant
it
,
it
may
be
good
.
By
Infant
,
Vide
supra
.
Surrender
,
to
whom
.
Cro.
El.
p.
717.
Erish
and
Rives
.
So
Infant
,
Vide
supra
.
Of
Countermand
of
a
Surrender
.
Where
the
Surrender
of
a
Copy-hold
may
be
Countermanded
by
the
Party
himself
,
and
what
collateral
Act
without
the
assent
and
privity
of
the
Party
shall
be
a
countermand
,
and
where
,
and
what
not
.
Grant
by
Baron
and
Feme
shall
bind
the
Feme
notwithstanding
the
Coverture
:
so
Grant
by
non
compos
mentis
,
Infant
,
Vide
supra
.
Vide
supra
.
Where
and
what
Grants
by
Lords
of
Manors
shall
be
good
or
defeasible
in
respect
of
the
Estate
they
had
therein
.
Surrender
is
not
Countermanded
by
the
death
of
Surrenderor
before
Presentment
,
4
Rep.
29
Bunting's
Case
.
Where
the
Customs
are
not
pursued
,
the
surrenders
are
void
,
Vide
sparsim
,
and
5
Rep.
84.
Peryman's
Case
.
Surrender
by
Steward
or
Deputy
Steward
and
of
persuing
their
Warrants
,
vide
Steward
,
supra
.
What
remedy
to
force
a
Trustee
to
Surrender
.
A
Copy-holder
doth
surrender
to
the
Use
of
one
A.
in
Trust
,
CAP.
XVI
.
Of
Presentment
.
How
and
when
to
be
made
.
How
to
be
pursuant
to
the
Surrender
.
What
the
Law
is
if
Surrenderor
or
Cesty
que
use
,
or
the
customary
Tenants
,
into
whose
Hands
the
Surrender
was
made
,
dye
before
Presentment
or
Admittance
.
Where
two
Surrenders
are
,
and
the
second
Surrender
is
presented
first
.
Presentment
.
Stiles
,
p.
256.
Shaan
and
Shaan
.
The
Presentment
by
the
general
Custom
of
Manors
is
to
be
made
at
the
next
Court
day
,
But
if
the
Surrender
be
conditional
,
But
in
May's
Case
,
Norf.
Summer
Assises
,
1663.
The
Custom
of
a
Manor
was
for
a
Copy-holder
in
extremis
to
surrender
into
one
Tenants
Hands
in
the
presence
of
credible
Witnesses
,
and
a
Surrender
was
made
accordingly
,
but
presented
to
be
done
to
another
Tenant
,
yet
being
proved
to
be
done
to
a
Tenant
of
the
Manor
;
It
was
holden
by
Wadham
Windham
Justice
to
be
good
.
Of
Presentment
where
the
Surrenderor
or
Surrendree
,
Cesty
que
use
,
or
customary
Tenants
dye
before
Presentment
or
Admittance
.
Cesty
que
use
)
he
to
whose
Use
the
Surrender
is
made
,
dyeth
before
Presentment
,
yet
upon
Presentment
made
after
his
death
,
his
Heir
shall
be
admitted
,
Stiles
,
p.
145.
Barker
and
Denhan
.
Cesty
que
use
,
both
dye
▪
If
one
Surrender
out
of
Court
,
to
the
Use
of
one
for
Life
,
the
Surrenderor
and
the
Lessee
for
Life
both
dye
before
the
Presentment
,
yet
upon
Presentment
made
,
he
in
Remainder
shall
be
Admitted
.
Co.
Lit.
62.
T.
H.
was
Copy-holder
in
Fee
,
and
surrendred
out
of
Court
into
the
Hands
of
H.
B.
and
W.
J.
two
Copy-holders
of
the
Manor
,
to
the
Use
of
R.
W.
in
Fee
.
R.
W.
entred
and
paid
the
Rent
to
the
Lord.
T.
H.
who
surrendred
,
dyed
.
H.
B.
and
W.
J.
who
took
the
Surrender
are
dead
.
The
Heir
of
T.
H.
entred
.
R.
W.
re-enters
.
Per
Cur.
By
the
Surrender
into
the
Hands
of
two
Tenants
,
nothing
passed
until
it
was
presented
in
Court
,
and
in
the
interim
the
Interest
remains
in
him
who
made
the
Surrender
,
which
Interest
descended
to
the
Heir
,
and
the
acceptance
of
the
Rent
by
the
hands
of
Cesty
que
use
gives
not
any
Interest
unto
him
;
and
there
is
no
Estate
in
Cesty
que
use
,
but
an
Inception
,
until
this
Surrender
be
presented
in
Court
:
But
they
held
also
,
That
it
was
not
of
necessity
,
that
the
Parties
who
took
the
Surrender
should
present
it
;
and
although
they
are
dead
,
and
the
Party
who
made
it
is
dead
,
yet
(
as
the
Custom
is
found
)
if
it
be
presented
by
any
other
Copy-holder
when
the
Court
is
held
,
it
s
well
enough
,
and
he
may
be
thereupon
admitted
,
Cro.
Jac.
403.
Froswel
and
Welch
,
and
so
is
Buntings's
Case
,
4
Rep.
so
resolved
:
And
Cesty
que
use
shall
procure
a
Court
to
be
held
for
his
own
advantage
,
1
Bulst.
215.
mesme
Case
.
Two
Joynt-Tenants
in
Fee
of
a
Copyhold
,
Cesty
que
use
to
procure
a
Court
to
be
held
for
his
own
advantage
.
and
one
surrenders
his
part
into
the
Hands
of
the
Lord
,
to
the
Use
of
his
last
Will
,
and
after
deviseth
this
to
another
in
Fee
,
and
dyes
,
and
after
at
the
next
Court
this
is
presented
,
the
Devisee
shall
have
it
;
for
now
by
relation
the
Joynture
was
severed
,
and
the
Estate
of
the
Land
bound
by
the
Surrender
,
Constable's
Case
.
Rolls
1
Abr.
501.
So
Cro.
30
Jac.
Mich.
Porter's
Case
.
Custom
for
a
Copy-holder
to
Devise
,
and
if
the
Will
be
not
presented
within
a
year
and
a
day
next
after
,
the
Devise
to
be
void
;
they
were
several
Customs
,
and
so
differ
from
Peyrrman's
Case
.
Now
suppose
no
Court
be
holden
in
that
time
,
Carter's
Rep.
71
,
72
,
88.
Smith
and
Painton
.
It
shall
be
presented
at
a
Court
within
the
year
,
or
at
next
Court
after
the
year
ended
,
else
it
shall
be
void
,
5
Rep.
84.
2
Anderson
125.
In
Perryman's
Case
,
5
Rep.
84.
It
is
a
Question
,
what
remedy
if
the
Copy-holder
will
not
present
the
Surrender
made
out
of
Court
?
the
Answer
is
,
Caveat
emptor
;
but
certainly
there
is
good
remedy
in
Equity
,
as
in
all
Cases
of
Trustees
or
Instruments
of
Conveyance
.
The
Custom
is
,
That
it
should
be
presented
at
next
Court
,
otherwise
it
was
void
.
One
surrenders
his
Copy-hold
into
the
Hands
of
two
Tenants
out
of
Court
,
upon
condition
of
payment
of
Mony
25
July
after
to
be
void
.
After
he
surrenders
out
of
Court
to
the
Use
of
J.
S.
the
Mony
was
paid
before
the
25
of
July
.
Then
he
surrenders
to
the
Use
of
a
third
person
before
the
payment
.
At
the
next
Court
the
surrenders
were
presented
,
Per
Cur.
The
second
Surrender
was
good
,
for
nothing
by
the
Surrender
out
of
Court
was
divested
out
of
him
that
surrendred
,
until
the
Surrender
was
presented
,
but
he
was
absolute
Owner
to
bring
Trespass
or
any
other
Action
,
and
then
that
not
being
presented
,
and
the
second
was
presented
,
the
first
Surrender
was
void
,
and
the
second
was
good
,
Jones
306.
1
Rol.
Abr.
500
Burgis
and
Spurlin's
Case
.
Cro.
Car.
273
,
283.
mesme
Case
.
CAP.
XVII
.
Of
Admittances
upon
Voluntary
Grants
,
Surrenders
,
Descents
.
By
whom
Admittances
upon
Surrender
made
shall
bind
.
In
what
Cases
the
Admittance
of
the
one
shall
be
the
Admittance
of
another
.
Of
Admittance
by
Attorny
.
Admittance
where
to
be
made
.
Of
Admittance
upon
Descent
:
The
time
of
Admittance
.
What
things
the
Heir
may
do
or
not
do
before
Admittance
.
In
what
Cases
,
and
to
what
purposes
the
Copy-hold
Estate
shall
be
in
the
Tenant
,
and
to
what
purposes
not
.
And
what
Leases
,
&c.
made
by
them
shall
be
good
,
and
in
what
Cases
the
Lord
shall
be
compellable
to
make
Admittances
,
and
where
not
.
Of
Admittances
on
voluntary
Grants
.
NOTE
,
a
diversity
between
the
Heir
who
comes
in
course
by
Descent
,
and
another
Stranger
who
comes
in
by
Surrender
,
and
hath
these
words
,
Dominus
concessit
&
admissus
est
;
but
when
the
Heir
of
a
Copy-holder
is
to
be
Admitted
,
he
hath
only
these
words
,
Et
admissus
est
.
Admittances
are
of
three
sorts
,
upon
a
-
Voluntary
Grant
.
-
Surrender
,
-
Descent
.
As
to
voluntary
Grants
made
by
the
Lord
,
in
some
sense
he
may
be
said
to
be
the
absolute
Owner
of
the
Land
,
and
may
dispose
of
it
at
his
pleasure
,
yet
he
is
bound
to
observe
the
Custom
of
the
Manor
in
his
Grants
,
neither
can
he
alter
the
Estate
or
Tenure
.
If
the
Custom
doth
warrant
an
Estate
to
a
Woman
durante
viduitate
only
,
and
the
Lord
admits
for
Life
,
this
shall
not
bind
his
Heir
.
But
in
this
kind
of
Surrender
,
the
Lord
is
not
considered
barely
as
an
Instrument
,
because
he
is
not
bound
to
dispose
the
Land
but
to
whom
he
pleaseth
,
yet
he
is
an
Instrument
in
respect
he
is
tyed
unto
Custom
;
but
in
the
other
sort
of
Surrender
he
is
barely
an
Instrument
.
In
Westwick's
Case
,
4
Rep.
The
Entry
of
the
Roll
was
,
Ad
hanc
curiam
venerunt
Willielmus
Westwick
&
Johanna
Uxor
ejus
&
ceperunt
de
Domino
Tenementa
praed.
cum
pertin
.
in
quibus
,
&c.
prefat.
Willielmo
Westwick
&
Johannae
Uxori
ejus
Tenend
.
eisdem
Willielmo
&
Johannae
&
haeredibus
suis
,
&c.
When
the
Surrender
was
to
the
Use
of
William
Westwick
in
Fee
,
yet
the
Admittance
shall
enure
only
to
the
Husband
,
Cesty
que
use
cannot
surrender
before
Admittance
and
the
Entry
of
the
Surrenderer
doth
not
make
an
Admittance
,
it
being
entred
thus
,
Compertum
est
per
homagium
,
&c.
and
not
as
its
usual
,
dat.
Domino
de
fine
&
fecit
fidelitatem
&
admissus
est
inde
tenens
,
at
the
end
of
Popham
p.
127
,
128.
Rawlinson
and
Green
.
Of
Admittances
upon
Surrender
.
The
nature
of
it
will
be
Explained
by
two
or
three
Rules
.
I.
The
surrender
of
a
Copy-hold
to
J.
S.
hath
no
effect
till
J.
S.
be
admitted
Tenant
;
J.
S.
before
he
is
admitted
,
surrenders
to
J.
B.
who
is
admitted
;
this
avails
nothing
to
J.
B.
for
J.
S.
himself
had
nothing
,
and
so
can
pass
nothing
,
and
the
Admittance
of
his
Grantee
shall
not
be
taken
by
implication
as
Admittance
to
himself
,
for
the
Admittance
ought
to
be
of
a
Tenant
certainly
known
to
the
Steward
,
and
entred
in
a
Roll
by
it self
,
and
in
such
case
the
Right
and
Possession
remains
still
in
him
who
surrendered
,
and
descends
to
his
Heir
;
he
to
whom
the
Copy-hold
is
surrendred
,
comes
in
as
a
Purchaser
,
and
his
Copy
is
his
Evidence
by
the
Custom
,
and
till
he
is
admitted
,
he
can
be
no
customary
Tenant
,
and
therefore
can
transfer
no
right
to
another
,
Yelverton
145.
Wilson
and
Weddel
.
1
Brownlow
143.
Aliter
in
Case
of
Descent
,
Vide
infra
.
The
Admittance
of
a
Copy-holder
is
compared
to
the
Induction
to
a
Benefice
,
which
gives
Possession
.
At
the
end
of
Popham
,
p.
127
,
121.
Rawlinson
and
Green
,
That
Case
was
,
Copy-holder
surrendred
his
Copy-hold
Estate
to
the
Use
of
another
,
which
was
presented
at
next
Court
,
and
found
by
the
Homage
,
and
he
to
whose
Use
the
Surrender
was
made
,
was
there
in
Court
accepted
by
the
Steward
,
and
a
Copy
by
him
granted
unto
him
;
afterwards
he
to
whose
Use
this
Surrender
was
made
,
surrenders
the
same
again
to
the
Use
of
another
,
which
was
presented
,
and
a
Copy
granted
to
him
,
and
he
accepted
as
a
Copy-hold
Tenant
,
but
no
Admittance
Entred
,
as
Cepit
de
Dom.
&
admissus
est
inde
tenens
,
&c.
Per
Cur.
He
to
whom
the
first
Surrender
was
made
,
had
no
Estate
in
him
before
Admittance
,
and
whether
and
how
far
he
might
transfer
this
Interest
,
Curia
dubitav
.
and
whether
what
was
done
to
the
second
Surrendree
is
not
an
assent
by
the
Lord
to
the
first
Surrenderer
?
It
was
granted
,
That
if
the
Steward
accepted
a
Fine
as
of
a
Copy-holder
,
it
amounted
to
an
Admittance
,
3
Bulstr.
237.
mesme
Case
.
II.
Surrenders
of
Copy-holds
are
not
to
be
likened
to
Surrenders
at
Common
Law
;
for
if
a
Copy-holder
in
Fee
surrenders
to
the
Use
of
another
for
Life
,
nothing
more
passeth
out
of
him
than
shall
serve
the
Estate
limited
to
the
Use
,
and
he
which
made
the
Surrender
shall
not
pay
any
Fine
for
re-Admittance
to
the
Reversion
,
for
this
continues
always
in
him
,
9
Rep.
107.
Margaret
Podgers
Case
.
III.
The
Lord
hath
a
bare
customary
power
to
admit
secundum
formam
&
effectum
sursum
reddit
.
Therefore
if
there
be
any
variance
between
the
Admittance
and
Surrender
,
either
in
the
Person
or
the
Estate
,
or
in
the
Tenure
,
its
void
,
&c.
The
Lord
doth
only
transfer
an
Estate
according
to
the
Surrender
.
Where
the
Lords
Admittance
of
a
Copy-holder
,
in
other
manner
than
agrees
to
the
Surrender
shall
be
good
,
and
how
it
shall
be
construed
and
enure
.
Admittances
as
to
Limitations
,
alter
not
the
Estate
,
for
he
is
in
by
force
of
the
Surrender
.
If
J.
surrender
to
the
Use
of
J.
S.
and
the
Lord
admits
J.
N.
this
Admittance
is
wholly
void
,
and
yet
the
Lord
may
afterwards
admit
J.
S.
according
to
his
Authority
;
but
had
he
admitted
J.
S.
and
J.
N.
joyntly
,
then
the
Admittance
had
been
void
for
the
one
,
and
good
for
the
other
,
Co.
Cop.
127.
If
a
man
surrender
to
the
Use
of
J.
S.
and
J.
D.
for
their
Lives
,
the
Remainder
over
to
another
;
and
J.
S.
and
J.
D.
are
admitted
in
Fee
,
yet
this
doth
not
alter
their
Estate
,
but
they
shall
be
seised
according
to
the
Surrender
,
1
Rolls
Rep.
317.
Lane
and
Pannel
.
Surrender
is
upon
Condition
,
the
Presentment
is
absolute
,
and
the
Admittance
is
absolute
;
the
Presentment
was
void
:
But
the
Surrenderors
Release
to
Cesty
que
use
shall
make
his
Estate
good
,
Vide
supra
,
4
Rep.
Keit
and
Quinton
.
If
the
Lord
after
Surrender
grants
to
Cesty
que
use
,
and
to
Stranger
,
all
shall
enure
to
Cesty
que
use
;
or
if
he
admit
the
Cesty
que
use
upon
a
Condition
,
the
Condition
is
void
,
for
after
Admittance
he
is
in
by
him
that
made
the
Surrender
.
So
if
a
Copy-holder
surrender
to
the
use
of
another
,
pur
vie
,
and
the
Lord
admit
him
,
to
hold
to
him
and
his
Heirs
,
yet
Cesty
que
use
had
but
an
Estate
for
Life
,
for
he
is
in
after
Admittance
by
force
of
the
Surrender
,
4
Rep.
Westwick
and
Wier
.
Note
,
A
Copy-hold
Estate
cannot
be
surrendred
to
another
by
an
Attorny
,
without
Deed
,
but
one
may
be
admitted
to
a
Copy-hold
Estate
,
by
Attorny
,
without
Deed
,
Stiles
Pract.
Reg.
74.
By
whom
Admittance
upon
Surrender
may
be
made
and
shall
bind
.
Co.
Lit.
58.
b.
If
Disseisor
of
a
Manor
accept
a
Surrender
of
a
Copy-hold
of
Inheritance
to
the
Use
of
another
and
his
Heirs
,
and
he
admits
Cesty
que
use
accordingly
;
this
is
good
,
and
shall
bind
the
Disseisee
,
p.
40
Eliz.
B.
R.
Martin
and
Rieve
,
4
Rep.
24.
If
A.
Copy-holder
for
Life
surrender
to
the
Disseisor
of
a
Manor
,
to
the
Use
of
another
,
for
the
Life
of
A.
and
the
Disseisor
admits
him
accordingly
;
this
shall
bind
the
Disseisee
,
ibid.
Martin's
Case
:
But
without
Admittance
it
shall
not
bind
.
Co.
Lit.
59.
b.
Trin.
1
Jac.
Rot.
854.
Shopland
and
Ridler
.
Per
Cur.
it
is
good
;
for
the
taking
a
Surrender
,
granting
Lands
by
Copy
,
admitting
a
Copy-holder
,
is
not
any
judicial
Act
,
for
there
need
not
be
any
Suitors
there
,
who
are
Judges
,
1
Leon.
288.
Lord
Dacres's
Case
.
What
amounts
to
an
Admittance
.
If
a
Copy-holder
in
Fee
surrender
to
the
Use
of
another
,
Cesty
que
use
surrenders
to
another
.
and
after
at
another
Court
he
to
whose
Use
the
Surrender
was
,
surrenders
the
Land
to
the
Use
of
another
;
this
shall
enure
as
an
Admittance
upon
the
first
Surrender
,
and
after
a
Surrender
;
for
by
the
acceptance
of
the
Surrender
,
he
is
admitted
Tenant
,
Rolls
Abr.
505.
Calchin's
Case
,
3
Bulst.
230.
mesme
Case
.
If
a
Copy-holder
surrender
to
the
Use
of
another
,
Cesty
que
use
out
of
Court
,
this
is
an
Admittance
in
Law
,
Rolls
1
Abr.
505.
Freswel
and
Welch
.
If
the
two
Tenants
into
whose
Hands
the
Surrender
was
,
pay
the
Rent
to
the
Lord
,
yet
his
acceptance
shall
not
amount
to
an
Admittance
;
but
if
he
had
alledged
the
payment
of
the
Rent
,
and
acceptance
of
it
by
the
Lord
,
as
of
his
Copy-holder
;
this
would
have
amounted
to
a
good
Admittance
of
him
,
3
Bulstr.
215.
mesme
Case
.
Any
act
to
imply
the
consent
of
the
Lord
to
the
Surrender
,
Bridgman
Rep.
82.
Robinson
and
Groves
.
Copy-holder
surrenders
his
Estate
to
the
Use
of
J.
S.
who
again
surrenders
the
same
to
the
Use
of
J.
N.
this
is
good
,
vide
supra
;
Or
in
such
case
,
if
the
Lord
meet
J.
N.
and
saith
to
him
,
Such
a
Surrender
is
made
to
your
Use
,
to
which
I
agree
,
or
am
content
;
this
saying
amounts
to
a
good
Admittance
,
3
Bulstr.
230.
Elken's
Case
215
,
216.
If
the
Steward
accept
a
Fine
as
of
a
Copy-holder
,
it
amounts
to
an
Admittance
;
granted
in
Rawlinson
and
Green's
Case
,
3
Bulstr.
237.
In
what
Cases
the
Admittance
of
one
shall
be
the
Admittance
of
another
.
If
a
Copy-holder
surrender
to
the
Use
of
one
for
Life
,
the
Remainder
to
another
,
the
Admittance
of
Tenant
for
Life
is
Admittance
for
him
in
Remainder
also
,
for
that
they
are
but
one
Estate
,
and
but
one
Fine
is
due
for
both
,
4
Rep.
22
,
23.
Fither's
Case
.
Aliter
of
him
in
Reversion
,
More
,
n.
488.
Dell
and
Higden
.
He
in
Remainder
after
a
Tenant
for
Life
,
who
was
admitted
,
surrenders
to
the
Use
of
a
Stranger
in
the
Life-time
of
Tenant
pur
vie
,
and
good
,
Cro.
Jac.
31.
Auncelm's
Case
:
But
such
Admittance
of
Tenant
for
Life
,
shall
not
prejudice
the
Lord
of
his
Fee
due
by
the
Custom
,
4
Rep.
Brown's
Case
,
22
,
23.
Foxton
and
Colston
.
But
in
Hippin
and
Bunner's
Case
,
Popham
thought
only
one
Fine
to
be
due
upon
such
surrender
,
which
the
Tenant
for
Life
shall
pay
before
his
Admittance
,
except
there
be
especial
Custom
that
two
Fines
shall
be
due
,
Cro.
Eliz.
504.
The
Admittance
of
Tenant
for
Life
,
or
Years
,
shall
be
an
Admission
of
all
in
Remainder
,
Per
Hales
,
and
there
is
no
inconvenience
in
it
;
for
Fines
are
to
be
paid
by
the
particular
Remainder
,
except
a
Fine
be
assessed
for
the
whole
Estate
,
and
then
there
is
an
end
of
the
Business
.
The
Estate
is
bound
by
the
Surrender
and
shall
go
to
them
in
Remainder
,
Mod.
Rep.
and
3
Keb.
29.
Blackburn
and
Greves
.
A
Copy-holder
Surrenders
to
the
Use
of
several
Persons
for
years
,
successive
,
the
Remainder
in
Fee
to
J.
S.
an
Admittance
of
a
particular
Tenant
is
an
Admittance
of
all
the
Remainders
to
all
purposes
,
but
only
the
Lords
Fine
;
and
the
Possession
of
Lessee
for
years
is
the
Possession
of
him
in
Remainder
,
ibid
so
as
to
make
a
Possessio
Fratris
,
and
the
Sister
of
the
whole
Blood
shall
have
it
before
a
Brother
of
the
second
Venter
.
Admittance
by
Attorny
.
The
Lord
may
refuse
to
admit
by
Attorny
him
to
whose
Use
a
Surrender
was
made
,
for
that
he
ought
to
do
Fealty
,
which
he
cannot
do
by
Attorny
.
9
Rep.
76.
Comb's
Case
.
Yet
if
the
Lord
will
admit
him
by
Attorny
,
its
good
,
ibid.
A
Copy-holder
surrendred
to
the
Use
of
his
last
Will
,
and
devised
the
Lands
to
his
youngest
Son
,
in
Fee
:
The
youngest
Son
being
in
Prison
,
makes
a
Letter
of
Attorny
to
one
to
be
admitted
to
the
Land
in
the
Lords
Court
,
in
his
room
,
and
also
after
Admittance
to
surrender
the
same
to
the
Use
of
B.
and
his
Heirs
,
to
whom
he
had
sold
it
for
the
payment
of
his
Debts
;
by
two
Judges
,
it
s
not
a
good
Surrender
.
Admittance
of
an
Heir
is
good
by
Prochein
Amy
,
Rep.
Brown
and
Clerk's
Case
.
The
Case
was
,
Copy-holder
surrenders
to
the
Use
of
J.
S.
and
his
Heirs
,
Proviso
,
That
if
the
Copy-holder
pay
eight
hundred
pounds
,
at
such
a
day
,
the
Surrender
shall
be
void
.
J.
S.
dyes
before
the
day
,
not
being
admitted
,
and
his
Heir
beyond
Sea
.
A
Neighbour
comes
and
is
admitted
in
the
name
of
the
Heir
,
the
Heir
comes
back
and
brings
Ejectment
,
Per
Cur.
It
s
a
good
Admittance
,
for
a
Consent
subsequent
is
as
strong
as
an
Authority
precedent
in
this
Case
,
and
the
Heir
affirms
his
Admission
.
And
if
a
Surrender
(
Per
Glyn
)
be
to
the
Use
of
J.
S.
and
J.
N.
is
admitted
and
J.
S.
consents
,
it
s
a
good
Admittance
.
Admittance
,
where
to
be
made
.
The
Lord
of
the
Manor
may
make
Admittance
out
of
the
Manor
also
,
Co.
Lit.
61.
b.
The
Steward
of
the
Manor
may
admit
upon
a
Surrender
out
of
Court
,
as
well
as
in
Court
,
4
Rep.
26
,
27.
Freswel
and
Welch
.
Admittances
upon
Descent
.
The
diversity
between
Admittance
upon
Surrender
,
and
Admittance
upon
Descent
lyes
.
In
Admittance
upon
Surrender
,
nothing
is
vested
in
the
Grantee
before
Admittance
,
no
more
than
in
voluntary
Grants
,
but
in
Admittance
upon
Descents
the
Heir
is
Tenant
by
Copy
immediately
upon
the
death
of
his
Ancestor
.
The
time
of
Admittance
.
There
is
thirty
years
between
the
death
of
the
Father
,
Per
Cur.
this
is
supina
negligentia
,
and
shall
disable
his
Person
to
make
any
Demise
,
but
the
Lessor
at
the
time
of
the
death
of
his
Ancestor
was
two
years
of
age
,
and
that
after
his
full
age
,
no
Court
had
been
holden
for
a
long
time
,
and
that
at
the
first
Court
lately
he
prayed
to
be
admitted
,
and
the
Steward
refused
him
.
And
Per
Cur.
this
is
a
good
excuse
,
1
Leon.
100.
Rumny
and
Eves
.
If
a
Copy-holder
dyeth
,
What
things
the
Heir
way
do
or
not
before
Admittance
.
Upon
the
death
of
the
Ancestor
he
may
enter
upon
the
Land
before
Admittance
;
he
may
take
the
Profits
,
punish
any
Trespass
done
upon
the
Land
,
4
Rep.
21.
Brown's
Case
,
and
23
Fitch
and
Huckly
.
He
may
before
Admittance
surrender
to
whose
Use
he
pleaseth
,
paying
the
Lord
his
Fine
.
The
Lord
may
avow
upon
him
before
Admittance
,
for
arrears
of
Rents
or
other
Services
.
If
Baron
and
Feme
Copy-holders
to
them
and
to
the
Heirs
of
the
Husband
are
,
and
the
Husband
dyes
,
the
Heir
of
the
Husband
may
surrender
his
Reversion
into
the
hands
of
two
Tenants
of
the
Manor
,
out
of
Court
,
before
any
Admittance
,
during
the
Life
of
the
Wife
,
and
this
is
a
good
Surrender
,
for
the
Reversion
was
cast
upon
him
before
any
Admittance
,
Calchin's
Case
,
1
Rolls
Abr.
499.
Co.
Cop.
As
there
may
be
possessio
fratris
,
&c.
before
the
Heirs
Admittance
,
so
there
may
be
a
Tenant
by
the
Curtesie
,
(
Dyer
,
f.
292.
)
before
Admittance
of
the
Feme
,
More
,
n.
425.
By
Hales
,
in
the
Case
of
Blackburn
and
Greaves
,
Modern
Rep.
120.
If
a
Surrender
be
to
the
Use
of
A.
for
Life
,
the
Remainder
to
his
eldest
Son
,
&c.
or
to
the
Use
of
A.
and
his
Heirs
,
and
then
A.
dyes
,
the
Estate
is
in
the
Son
,
without
Admittance
,
whether
he
takes
by
Purchase
or
Descent
.
One
seized
of
a
Copy-hold
Tenement
in
right
of
his
Wife
,
in
his
Demesn
,
as
of
Fee
;
surrenders
this
Copy-hold
Tenement
without
his
Wife
,
to
the
Use
of
a
Stranger
in
Fee
,
who
was
admitted
by
the
Lord
accordingly
;
Husband
dyes
,
and
Wife
dyes
,
the
Heir
of
the
Wife
without
Admittance
enters
on
the
Stranger
,
and
made
a
Lease
,
and
good
,
Popham
39.
Bullock
and
Dibler
:
This
is
no
such
discontinuance
against
the
Heir
,
as
to
put
the
Heir
to
a
Plaint
in
the
nature
of
a
cui
in
vita
;
it
s
no
more
than
a
Grant
which
passeth
no
more
than
his
own
Estate
,
and
the
Heir
may
intermeddle
with
the
Possession
before
Admittance
.
Upon
a
Custom
to
surrender
to
two
Copy-holders
out
of
Court
,
Surrender
to
the
Heir
(
as
a
Copy-hold
Tenant
)
is
good
before
Admittance
.
Heir
may
enter
and
have
Trespass
before
Admittance
.
a
Surrender
to
the
Heir
of
a
Copy-holder
before
Admittance
,
is
good
,
1
Keb.
25.
Munifas
and
Baker
.
Copy-holder
dyes
,
the
Lord
admits
a
Stranger
,
the
Heir
may
enter
,
and
upon
re-entry
,
maintain
a
Trespass
without
Admittance
,
Noy
,
p.
172.
Simpson
and
Gillion
.
He
shall
have
Trespass
,
and
this
before
his
Admittance
upon
Descent
,
2
H.
4.12
.
Pl.
49.
4
Rep.
23.
b.
Cro.
El.
349.
Berry
and
Green
.
Rolls
Abr.
827.
More's
Case
.
Where
there
needs
no
Admittance
.
In
the
Cases
of
the
Heir
per
Descent
,
Vide
supra
.
de
novo
re-grants
the
same
to
A.
for
Life
,
and
afterwards
to
J.
his
Wife
,
during
the
non-age
of
the
Son
and
Heir
of
A.
and
after
to
the
Son
and
Heir
in
Tayl.
A.
dyes
,
the
Child
being
5
years
old
:
Now
the
Wife
is
to
have
the
said
Lands
for
16
years
,
by
force
of
the
said
Surrender
and
Admittance
.
The
Wife
took
another
Husband
and
dyed
.
Per
Cur.
The
Husband
shall
have
the
Land
during
the
non-age
of
the
Infant
,
and
that
without
any
Admittance
,
for
that
he
is
not
in
of
any
new
Estate
,
but
in
the
Estate
of
his
Wife
,
as
Assignee
,
3
Leon.
p.
9.
Dedicot's
Case
.
If
a
Copy-holder
be
for
years
,
and
maketh
his
Executors
,
Winch
,
p.
3.
Wase
and
Pretty
.
In
what
Cases
and
to
what
purposes
the
Copy-hold
,
Estate
shall
be
in
the
Tenant
before
Admittance
,
and
to
what
purposes
not
,
and
what
Leases
made
by
them
shall
be
good
.
Upon
Surrender
nothing
is
vested
in
the
Grantee
before
Admittance
.
Vide
supra
.
The
Copy-holder
upon
Surrender
(
if
the
Lord
refuse
to
admit
him
,
Cesty
que
use
,
and
he
shall
have
Trespass
against
any
that
enters
,
Cro.
El.
349.
Berry
and
Green
.
If
by
the
Custom
of
the
Manor
,
the
Copy-hold
ought
to
descend
to
the
youngest
Son
,
and
the
Copy-holder
in
Fee
surrender
this
to
the
Use
of
himself
and
his
Heirs
,
and
dyes
,
before
any
Admittance
upon
the
Surrender
,
and
the
youngest
Son
first
enters
,
the
eldest
may
not
justifie
his
entrance
upon
him
before
Admittance
,
1
Rolls
Abr.
502.
If
a
Copy-holder
surrendreth
to
the
Use
of
one
for
Life
,
who
is
admitted
and
dyeth
;
H.
B.
being
seized
of
Copy-hold
Land
in
Fee
,
and
having
Issue
three
Sons
,
G.
H.
and
J.
he
surrenders
it
to
the
Use
of
his
last
Will
,
and
thereby
devised
it
to
his
Wife
for
Life
,
the
Remainder
to
H.
and
the
Heirs
of
his
Body
;
the
Wife
dyed
after
Admittance
,
Henry
dyes
without
Issue
.
G.
may
enter
,
and
Admittance
for
him
is
not
necessary
,
1
Leon.
p.
174.
Bullen
and
Grant
.
If
customary
Lands
do
descend
to
the
youngest
Son
by
Custom
,
and
he
enters
,
and
leaseth
to
another
,
who
takes
the
Profits
,
and
after
is
Ejected
;
He
shall
have
an
Ejectione
Firmae
,
without
any
Admittance
of
his
Lessor
or
Presentment
that
he
is
Heir
,
1
Leon.
p.
100.
Rumny
and
Eves
.
Per
Cur.
If
the
Freehold
of
the
Copy-hold
be
granted
over
,
and
the
Husband
dyes
,
Hutton
,
p.
18.
Jordan
and
Stone
.
In
this
Case
after
the
death
of
the
Husband
,
the
Law
casts
the
Estate
upon
the
Wife
before
Admittance
,
and
she
may
make
a
Lease
for
years
,
as
any
other
Copy-Holder
may
,
mesme
Case
,
1
Rolls
Abr.
592.
Cesty
que
use
.
He
enters
and
takes
the
Profits
;
Lord
brings
Ejectment
;
the
Defendant
shall
plead
not
Guilty
.
If
a
Copy-holder
Surrender
to
a
Stranger
,
and
the
Steward
will
not
admit
him
,
and
the
Stranger
enters
and
occupies
the
Land
,
if
the
Lord
Lease
to
a
Stranger
to
try
the
Title
,
he
to
whom
the
Surrender
was
made
(
although
he
be
not
admitted
)
may
well
plead
not
Guilty
,
and
it
shall
be
found
for
him
against
the
Lord
.
In
the
Case
of
Arnold
and
George
,
Yelv.
p.
16.
agreed
by
the
four
Judges
:
Yet
Quaere
,
for
how
can
the
Stranger
make
a
Title
to
the
Profits
without
Admittance
?
But
perhaps
the
reason
was
,
That
the
Lord
seemed
to
be
particeps
criminis
,
for
it
may
be
intended
he
would
not
suffer
the
Steward
to
admit
the
Defendant
.
She
who
hath
a
Widows
Estate
,
shall
make
a
Lease
before
Admittance
,
for
the
Law
vested
the
Estate
in
her
,
and
there
is
no
Fine
due
to
the
Lord
,
Noy
,
p.
_____
.
Remington
and
Cole
.
Husband
enters
into
the
Lands
in
right
of
the
Wife
,
before
Admittance
,
More
,
n.
425.
mesme
Case
.
If
by
the
Entry
of
the
Husband
without
Admittance
of
the
Wife
,
he
should
be
Tenant
by
the
Curtesie
,
and
resolved
he
shall
.
In
what
Cases
the
Lord
shall
be
compelled
to
make
Admittances
,
and
how
,
and
in
what
not
.
If
the
Lord
of
the
Manor
for
the
time
being
,
be
Lessee
for
Life
,
or
Years
,
Guardian
,
or
any
that
hath
any
particular
Interest
,
or
Tenant
at
Will
of
a
Manor
(
all
which
are
accounted
in
Law
Domini
pro
tempore
)
do
take
a
Surrender
into
his
hands
,
and
before
Admittance
the
Lessee
for
Life
dieth
,
or
the
Years
,
Interest
or
Custody
do
end
or
determine
,
or
the
Will
is
determined
,
though
the
Lord
cometh
in
above
the
Lease
for
Life
or
years
,
or
other
the
particular
Tenancies
,
yet
shall
he
be
compelled
to
make
Admittances
according
to
the
Surrender
,
Co.
Lit.
59.
b.
Earl
of
Arundel's
Case
.
Cesty
que
use
.
It
was
resolved
in
Gallaway's
Case
,
26
El.
The
Party
that
made
the
Surrender
may
have
Action
on
the
Case
against
the
Lord
,
for
not
holding
his
Court
,
and
admitting
him
to
whose
Use
the
Surrender
was
made
,
but
Cesty
que
use
cannot
.
Tothil
,
p.
65.
Custom
was
,
That
a
Copy-holder
for
Life
should
name
his
Successor
for
Life
,
and
to
compound
with
the
Lord
;
if
he
cannot
compound
,
then
the
Homage
to
assess
the
Fine
;
he
tenders
it
,
the
Lord
refuseth
to
admit
,
Action
on
the
Case
lies
not
against
the
Lord
,
and
he
that
is
nominated
hath
not
any
Interest
therein
,
but
he
may
compel
him
in
Chancery
,
Cro.
Jac.
368.
sur
Case
.
Ford
and
Hoskins
,
1
Rolls
Rep.
125
,
195.
ibid.
2
Bulstr.
236.
mesme
Case
.
The
Nominee
hath
neither
jus
in
re
,
nor
jus
ad
rem
,
he
hath
a
nomination
only
,
which
is
matter
meerly
in
Equity
;
he
hath
neither
damnum
,
nor
injuriam
here
,
because
he
hath
no
Interest
.
Littera
Attornatu
ad
sursum
reddend
.
tenmenta
Custumaria
sursum
redditio
&
admissio
,
Co.
Ent.
576.
CAP.
XVIII
.
Of
Fines
.
Fines
certain
.
Vncertain
.
Vpon
Descent
and
Purchase
.
Of
Fine
Excessive
.
What
Customs
are
good
as
to
payment
of
Fines
.
Of
Fines
as
to
Admittances
to
Reversions
or
Remainders
.
What
refusal
to
pay
a
Fine
shall
be
a
Forfeiture
or
not
.
How
the
Lord
shall
recover
his
Fine
.
Fines
.
FInes
due
to
the
Lord
upon
Admittance
are
not
to
be
paid
till
Admittance
,
either
upon
a
Surrender
or
Descent
;
for
Admittance
is
the
cause
of
the
Fine
,
and
the
Parties
being
Admitted
,
intitles
the
Lord
to
the
Fine
,
4
Rep.
28.
Sand's
Case
and
Bacon's
Case
.
Though
sometimes
they
are
certain
,
and
by
some
Customs
uncertain
,
yet
they
ought
to
be
reasonable
.
Of
Fines
certain
.
It
was
the
Opinion
of
Richardson
Chief
Justice
,
There
is
scarce
a
Copy-holder
in
England
but
the
Fines
are
uncertain
;
for
(
saith
he
)
If
the
Rolls
make
it
appear
that
at
any
time
a
greater
and
lesser
sum
was
paid
for
a
Fine
,
this
makes
the
Fine
uncertain
;
the
ordinary
course
to
search
it
is
by
Bill
in
Chancery
,
Lit.
Rep.
252.
It
was
but
his
private
Opinion
,
for
Fines
are
certain
in
great
numbers
of
Manors
:
And
I
suppose
he
means
as
to
Evidence
;
for
in
the
Case
of
Allen
and
Abraham
,
2
Bulst.
32.
there
is
diversity
between
proof
in
case
of
Descents
and
Purchase
:
The
Case
was
this
.
Upon
not
Guilty
in
Ejectment
,
the
matter
upon
the
issue
was
about
the
Custom
of
a
Copy-hold
Manor
,
whether
the
Copy-holders
upon
their
Admittances
have
used
to
pay
Fines
uncertain
at
the
will
of
the
Lord
,
or
certain
,
i.
e.
the
value
of
two
years
Rent
?
To
prove
the
Fines
uncertain
,
Of
Fines
reasonable
.
Co.
Lit.
59
,
60.
To
this
purpose
is
Denny
and
Lemon's
Case
,
Hobart
,
p.
135.
Copy-holder
brought
Trespass
against
his
Lord
.
Defendant
pleads
he
had
admitted
the
Copy-holder
,
and
had
assessed
a
Fine
of
twenty
Nobles
,
and
had
appointed
him
to
pay
it
to
his
Bayliff
,
at
his
House
within
the
Manor
three
Months
after
,
and
alledged
he
had
not
paid
it
.
The
Plaintiff
demurs
,
Per
Cur.
the
Lord
is
not
bound
to
aver
it
,
but
it
must
come
on
the
Copy-holders
side
,
to
shew
the
circumstances
of
the
Case
,
to
make
it
appear
to
the
Court
to
be
unreasonable
,
and
so
to
put
it
upon
the
Judgment
of
the
Court
;
for
the
Fine
in
Law
is
arbitrary
,
and
is
due
to
the
Lord
of
common
Right
,
and
it
is
only
in
point
of
excuse
to
the
Tenant
,
if
it
be
unreasonable
,
and
the
Court
shall
judge
the
unreasonableness
of
it
.
The
Copy-holder
if
he
be
Defendant
,
may
plead
not
Guilty
,
and
then
it
shall
come
in
Evidence
whether
the
Fine
were
reasonable
or
not
;
and
so
is
the
Opinion
of
my
Lord
Coke
,
Comment
upon
Lit.
Sect.
74.
The
reasonableness
(
saith
he
)
shall
be
discussed
by
the
Justices
upon
the
true
circumstances
of
the
case
appearing
unto
them
,
and
if
the
Court
where
the
Cause
dependeth
,
adjudgeth
the
Fine
exacted
unreasonable
,
then
is
not
the
Copy-holder
compellable
to
pay
it
,
for
all
excessiveness
is
abhorred
in
the
Law
.
It
was
argued
in
Wheeler
and
Honor's
Case
,
That
all
Fines
are
reasonable
,
unless
the
contrary
appear
,
1
Keb.
154.
What
Customs
are
good
as
to
payment
of
Fines
.
Of
Fines
due
by
the
Copy-holder
to
the
Lord
,
some
be
by
change
or
alteration
of
the
Lord
,
and
some
by
change
or
alteration
of
the
Tenant
.
If
the
Fine
be
due
by
the
alteration
of
the
Lord
,
such
alteration
must
be
by
act
of
God
;
Co.
Lit.
59.
b.
Co.
Lit.
59.
b.
Armstrong's
Case
.
The
Fine
is
to
be
assessed
by
the
Lord
.
Hoskins
,
Cro.
Jac.
368.
Fines
as
to
Admittances
to
Reversions
or
Remainders
.
Copy-holder
in
Fee
surrenders
to
the
Use
of
another
for
Life
;
when
Lessee
dyes
he
shall
not
pay
a
Fine
for
his
Admittance
to
the
Reversion
,
for
this
continues
always
in
him
,
2
Rep.
107.
Margaret
Podger's
Case
.
If
Copy-holder
in
Fee
surrender
to
the
Use
of
one
for
Life
,
the
Remainder
to
another
for
Life
,
the
Remainder
to
another
in
Fee
,
there
is
but
one
Fine
due
;
for
the
particular
Estate
and
the
Remainders
are
but
one
Estate
,
1
Rolls
Abr.
505.
What
refusal
to
pay
a
Fine
shall
be
a
Forfeiture
or
not
.
If
the
Fine
be
uncertain
,
The
Lord
assesseth
a
Fine
of
12
l.
to
be
paid
by
a
Copy-holder
,
Per
Cur.
this
is
in
Law
a
forfeiture
of
his
Copy-hold
;
but
if
he
had
come
at
the
day
assigned
him
for
the
payment
,
and
had
then
tendred
the
two
years
Quit-Rent
,
being
the
Fine
certain
,
(
though
not
the
Fine
assessed
,
)
it
had
been
no
forfeiture
,
Cro.
Jac.
p.
617.
Gardner
and
Norman
.
It
is
adjudged
in
the
Case
of
Dalton
and
Hammond
,
More
,
n.
851.
If
the
Fine
be
certain
,
the
Tenant
is
to
bring
it
with
him
to
the
Court
,
and
pay
it
before
Admittance
;
and
if
he
be
not
ready
to
pay
it
,
it
s
a
Forfeiture
;
aliter
of
the
refusal
to
pay
an
excessive
Fine
.
Where
a
Copy-holder
hath
divers
several
Lands
,
How
the
Lord
recover
his
Fine
.
Siderfin
,
p.
58.
agreed
in
the
Case
of
Wheeler
and
Honor.
Siderfin
,
p.
58.
Wheeler
and
Honor.
Pled
.
Vide
Presidents
,
infra
.
Custome
quod
Dominus
habeat
rationabilem
finem
pro
admissione
,
Co.
Ent.
646.
13
Rep.
1.
CAP.
XIX
.
Of
the
Entayling
of
Copy-hold
Estates
.
The
different
Opinion
of
the
Judges
,
with
an
Abstract
of
the
Reasons
and
Arguments
how
Copy-holds
are
or
may
be
Entayled
,
and
the
Law
setled
as
to
that
Point
.
How
such
Copy-hold
Entayls
may
be
barred
or
dock'd
.
And
what
acts
of
Tenant
Copy-holder
in
Tayl
,
&c.
shall
amount
to
a
Discontinuance
or
not
.
Of
Copy-hold
Estates
being
Entayled
.
AS
to
Copy-hold
Lands
being
Entayled
,
whether
there
be
any
such
Estate
Tayl
by
any
particular
Custom
to
be
allowed
,
and
how
such
Entayls
arose
,
it
hath
been
vexatio
quaestio
.
This
Question
hath
been
curiously
debated
in
our
Books
,
and
therefore
I
shall
be
the
larger
upon
it
.
It
is
clear
,
That
the
Statute
de
donis
per
se
doth
not
create
an
Estate
Tayl
in
a
Copy-hold
,
9
Rep.
105.
the
Case
of
Thornton
and
Lucas
,
there
cited
;
for
the
Statute
de
donis
doth
not
extend
to
such
base
Estates
at
will
.
The
Question
is
,
if
the
Statute
may
co-opperate
with
the
Custom
as
to
make
an
Estate
Tayl.
Coke
in
the
Case
of
Warn
and
Sawyer
,
1
Rolls
Rep.
48.
cited
one
Haslerick
and
Grays
Case
to
be
so
adjudged
;
and
in
one
Hills
Case
a
Custom
was
pleaded
that
a
Copy-hold
might
be
granted
to
one
and
the
Heirs
of
his
Body
,
with
remainder
over
;
but
(
saith
he
)
we
of
the
other
side
durst
not
hazard
the
matter
upon
this
,
but
we
devised
a
Plea
,
That
there
was
another
Custom
there
,
that
if
a
Tenant
in
Tayl
alien
,
this
shall
be
a
bar
to
the
Remainder
;
and
upon
issue
that
Custom
was
found
;
for
it
was
agreed
,
Per
totam
Curiam
,
That
if
an
Estate
Tayl
may
be
of
a
Copy-hold
by
Custom
,
that
by
a
Custom
it
may
be
dock'd
and
destroyed
.
It
hath
been
often
moved
in
our
Books
,
When
a
Copy-holder
in
Fee
surrenders
to
the
Use
of
one
in
Tayl
,
there
being
no
Custom
to
warrant
such
an
Entayl
,
whether
it
be
an
Estate
Tayl
,
by
the
Statute
of
De
donis
conditionalibus
;
or
a
Fee-simple
conditional
at
the
Common
Law
.
This
point
is
well
argued
and
setled
in
Rowden
and
Malster's
Case
,
Cro.
Car.
p.
42.
de
donis
.
Yelverton
held
,
That
it
was
an
Estate
Tayl
by
the
Equity
and
intent
of
the
Statute
de
donis
,
but
Hutton
,
Harvy
and
Croke
,
That
it
was
not
an
Entayl
,
but
a
Fee-simple
conditional
at
Common
Law
.
1.
Because
it
would
be
prejudicial
to
Lords
,
for
by
this
means
the
tenure
would
be
altered
,
for
the
Donee
in
Tayl
without
a
special
reservation
,
ought
to
hold
of
the
Donor
,
by
the
same
Services
that
the
Donor
holdeth
over
,
and
he
who
comes
in
by
Surrender
and
the
Admittance
of
the
Lord
,
to
hold
to
him
and
the
Heirs
of
his
Body
,
cannot
hold
of
him
who
surrendred
,
but
shall
hold
of
the
Lord
,
and
is
Tenant
at
will
unto
him
,
and
shall
do
the
Services
unto
him
as
Lord
.
2.
In
respect
of
the
baseness
of
their
Estate
,
the
Statute
never
intended
to
provide
remedy
for
them
nor
their
Alienations
;
for
the
words
of
the
Statute
are
,
Quod
voluntas
donatoris
in
Charta
sua
manifeste
expressa
de
caetero
observetur
,
which
proveth
that
the
intent
of
the
makers
of
the
Statute
was
,
That
no
Hereditament
should
be
intayled
within
this
Statute
,
but
such
as
either
was
or
might
be
given
by
Charter
or
Deed
,
and
other
Reasons
out
of
the
words
of
the
Statute
,
Carters
Rep.
8.
But
Copy-holds
are
no
such
Hereditaments
,
and
therefore
not
within
the
meaning
of
the
Act.
3.
If
Copy-holds
might
be
Entayled
,
then
the
perpetuity
of
such
Estates
might
be
maintained
,
for
a
Fine
cannot
be
levied
of
Copy-hold
Lands
to
bar
the
Entayl
,
nor
can
a
Recovery
in
value
be
intended
of
such
an
Estate
where
warranty
cannot
be
annexed
to
it
.
Ceo
reason
come
jeo
pense
ne
vault
rien
pas
.
Car
est
agree
per
touts
que
poet
estre
dock't
per
recovery
en
curia
del
Baron
,
Vide
apres
.
They
held
also
,
That
neither
Estate
Tayl
,
nor
Estate
after
possibility
of
issue
extinct
(
which
had
a
necessary
dependance
upon
an
Estate
Tayl
)
can
by
any
particular
Custom
be
allowed
.
Cave
Lecteur
;
for
it
s
agreed
by
all
,
That
a
Custom
co-operating
with
the
Statute
may
create
an
Estate
Tayl.
Observe
Plowden
in
Manxel's
Case
is
no
Law
,
2
Rolls
Rep.
383.
mesme
Case
Co.
Lit.
60.
As
there
may
be
an
Estate
Tayl
by
Custom
with
the
co-operation
of
the
Statute
of
W.
2.
Cap.
1.
So
may
he
have
a
Formedon
in
discender
,
i.
e.
a
Writing
in
the
nature
of
a
Formedon
in
Descender
,
in
the
Lords
Court
:
But
as
the
Statute
without
a
Custom
extendeth
not
to
Copy-holds
,
so
a
Custom
without
the
Statute
cannot
create
an
Estate
Tayl.
Now
it
is
not
a
sufficient
proof
,
that
Lands
have
been
granted
in
Tayl
;
for
albeit
Lands
have
anciently
and
usually
been
granted
by
Copy
to
many
men
and
to
the
Heirs
of
their
Bodies
,
that
may
be
a
Fee-simple
conditional
,
as
it
was
at
the
Common
Law
;
but
if
a
Remainder
hath
been
limited
over
such
Estates
and
enjoyed
,
or
if
the
Issues
in
Tayl
have
avoided
the
alienation
of
the
Ancestor
,
or
if
they
have
recovered
the
same
in
Writs
of
Formedon
in
the
Discender
;
these
,
and
such
like
,
are
proofs
of
an
Estate
Tayl
:
But
if
by
Custom
Copy-hold
may
be
Entayled
,
the
same
by
like
Custom
may
be
cut
off
,
Plow
.
Com.
240.
This
was
the
first
Opinion
,
and
by
Clench
and
Gaudy
agreed
to
in
Grovener's
Case
,
Popham
32.
The
other
Opinion
is
,
That
an
Estate
is
wrought
out
by
the
Equity
of
the
Statute
de
donis
,
for
otherwise
it
cannot
be
that
there
should
be
any
Estate
Tayl
of
Copy-hold
Land
;
for
by
Usage
it
cannot
be
maintained
,
because
that
no
Estate
Tayl
was
known
in
Law
before
this
Statute
;
and
after
this
Statute
it
cannot
be
by
Usage
,
because
this
is
within
the
time
of
limitation
,
aftet
which
an
Usage
cannot
make
a
Prescription
,
for
a
Custom
cannot
be
made
after
the
Statute
de
donis
.
And
it
appeareth
by
Littleton
and
Brook
,
That
a
Plaint
lyes
of
Copy-hold
Land
,
in
the
nature
of
a
Formedon
in
Discender
at
Common
Law
,
and
therefore
the
Statue
helps
them
for
their
remedy
for
Entayled
Lands
,
which
is
but
customary
by
Equity
;
and
if
the
Action
shall
be
given
by
Equity
for
this
Land
,
why
shall
not
the
Statute
by
Equity
work
to
make
it
an
Estate
Tayl
also
of
this
nature
of
the
Land
?
Popham's
Rep.
33.
Gravenor
and
Brooks
;
so
Bullen
and
Grant's
Case
.
A
Copy-holder
Surrendred
to
the
Use
of
J.
for
Life
,
the
Remainder
to
H.
and
the
Heirs
of
his
Body
:
it
was
a
Question
if
this
Estate
limitted
to
H.
was
an
Estate
Tayl
,
or
a
Fee-simple
conditional
;
for
if
it
were
a
Fee-simple
conditional
,
then
there
cannot
be
an
other
Estate
over
,
(
but
yet
in
Case
of
a
Devise
,
an
Estate
may
depend
upon
a
Fee-simple
precedent
,
but
not
as
a
Will
,
but
as
an
executory
Devise
.
)
Per
Wray
,
it
is
an
Estate
Tayl.
Coke
then
said
,
They
who
would
prove
the
Custom
to
Entayl
Copy-hold
Lands
within
a
Manor
,
it
is
not
sufficient
to
shew
Copies
of
Grants
to
persons
and
the
Heirs
of
their
Bodies
,
but
they
ought
to
shew
that
Surrenders
made
by
such
persons
have
been
avoided
by
such
matter
.
But
by
Wray
,
that
is
not
so
,
for
customary
Lands
may
be
granted
in
Tayl
,
and
yet
no
Surrenders
have
been
made
within
time
of
memory
,
1
Leon.
p.
174.
Bullen
and
Grant
,
Cro.
El.
148.
mesme
Case
.
Heyden's
Case
in
3
Rep.
8.
is
clear
,
That
neither
Statute
without
the
Custom
,
nor
the
Custom
without
the
Statute
,
but
both
co-operating
may
create
Tayl.
And
as
for
Custom
,
if
the
Custom
be
to
grant
Lands
in
Fee-simple
,
this
without
question
may
be
granted
to
one
and
the
Heirs
of
his
Body
by
Copy
▪
for
omne
majus
includit
minus
.
My
Lord
Chief
Justice
Bridgman
seems
to
argue
this
point
very
accutely
and
succinctly
in
Carters
Rep.
22.
Taylor
and
Shaws
Case
.
First
(
says
he
)
a
Copy-hold
may
be
Entayled
;
not
Entayled
,
as
within
the
Statute
of
W.
2.
nor
by
vertue
of
any
Construction
of
the
Statute
W.
2.
but
there
may
be
such
an
Estate
before
W.
2.
of
a
Copy-hold
,
which
is
a
kind
of
base
Estate
,
and
which
might
be
grantable
to
one
and
the
Heirs
of
his
Body
,
according
to
the
Custom
,
and
if
he
dyed
without
Issue
,
it
might
be
aliened
again
;
and
that
a
Copy-holder
could
not
bar
his
Issue
,
unless
by
a
Recovery
;
such
an
Estate
might
be
by
Custom
.
I
hold
(
saith
he
)
That
the
Evidence
may
fall
out
to
be
such
that
we
may
take
it
for
granted
,
that
Lands
granted
by
Copy
to
one
and
the
Heirs
of
his
Body
,
the
Remainder
over
may
be
a
good
Remainder
,
and
the
Reversion
may
continue
in
the
Copy-holder
,
the
Donor
may
have
a
good
Reversion
,
and
all
this
without
the
help
of
W.
2.
That
which
confirms
me
is
the
constant
practice
of
most
Copyholds
,
to
have
Estates
over
.
As
for
the
reason
of
it
,
if
we
shall
give
in
Evidence
(
for
the
purpose
)
a
Surrender
in
H.
7ths
time
,
wherein
Lands
are
limited
to
one
and
the
Heirs
of
his
Body
,
the
Remainder
over
;
this
is
an
Evidence
that
it
was
so
in
H.
7ths
time
,
and
we
have
reason
to
think
so
it
was
past
time
of
memory
of
Man
.
And
as
your
Evidence
is
for
Custom
,
so
may
your
Case
be
to
make
an
immemorial
Custom
.
Then
all
the
Question
is
,
whether
it
will
bear
it
or
not
?
In
this
Case
of
a
Copy-hold
being
an
Estate
at
will
,
you
may
have
it
at
will
,
according
to
the
nature
of
the
Custom
;
it
is
not
against
the
Analogy
and
Reason
of
the
Law
,
and
it
may
bear
it
;
the
Evidence
may
be
such
.
If
in
H.
7th
or
E.
the
4ths
time
it
appears
so
,
it
is
a
good
warrant
for
matter
of
Evidence
for
a
Jury
to
find
,
That
there
were
such
Copy-hold
Estates
with
limitation
over
.
Now
before
the
Statute
of
W.
2.
it
had
been
a
good
Custom
to
grant
Copy-hold
to
one
and
the
Heirs
of
his
Body
,
the
Remainder
over
;
or
to
grant
the
Land
by
the
name
of
a
Reversion
;
for
here
is
no
alteration
of
Common
Law
Estates
:
The
reasonableness
of
this
Custom
appears
by
the
Statute
of
W.
2.
That
Act
doth
not
create
the
Estate
,
If
the
Reader
hath
a
mind
to
see
other
Cases
about
the
Entayling
of
Copy-holds
(
though
they
are
all
reduced
to
what
is
before
cited
)
he
may
peruse
2
Brownl.
42
,
76.
Keymer
and
Poel
121.
Hill
and
Upchurch
,
1
Rolls
Rep.
48.
Warn
and
Sawyer
.
Cro.
El.
717.
Erish
and
Rives
,
&c.
2
Brownl.
121.
The
Law
about
Entayling
of
Copy-holds
is
setled
and
agreed
by
the
Judges
,
B.
R.
17
Car.
2.
Newton
and
Shaftoe's
Case
,
That
it
is
by
Custom
and
not
by
the
Statute
,
so
agreed
M.
18.
Car.
Pilkington
and
Stanhop's
Case
,
queux
vide
apres
.
Of
docking
or
barring
Copy-hold
Estates
,
being
barred
by
Fine
or
Recovery
,
or
otherwise
.
It
is
agreed
by
all
the
Judges
,
1
Rolls
Rep.
48.
Warn
and
Sawyer's
Case
,
That
if
an
Estate
Tayl
may
be
of
a
Copy-hold
by
Custom
,
that
by
Custom
it
may
be
dock'd
and
destroyed
,
See
More
,
n.
877.
A
Copy-hold
may
be
Entayled
by
Custom
,
and
barred
by
a
Recovery
by
special
Custom
;
and
it
was
agreed
that
a
Surrender
may
bar
the
Issue
by
special
Custom
,
Chard
and
Wyat
,
so
Lee
and
Brown
,
M.
15
Jac.
B.
R.
And
it
was
agreed
to
be
a
strong
proof
of
the
Custom
,
that
they
to
whose
Use
such
Surrenders
had
been
made
,
had
enjoyed
the
Land
against
the
Issue
in
Tayl
,
1
Rolls
Abr.
506.
mesme
Case
.
The
Custom
of
the
Manor
of
Wakefield
was
,
That
they
may
Entayl
their
Copy-hold
Lands
;
and
the
Custom
of
the
Manor
to
bar
the
Entayls
,
and
the
Remainders
there
,
is
,
That
the
Tenant
in
Tayl
shall
commit
a
Forfeiture
,
as
by
making
a
Lease
without
Licenc
,
&c.
and
then
for
the
Lord
to
make
three
Proclamations
and
to
seize
the
Copyhold
,
and
then
to
grant
this
to
the
Copy-holder
and
his
Heirs
,
allowed
to
be
a
good
Custom
;
Also
this
Custom
there
was
good
,
That
if
Tenant
in
Tayl
make
a
Surrender
to
a
Purchaser
and
his
Heirs
,
of
his
Copy-hold
,
and
such
Purchasor
intending
to
bar
the
Entayl
and
the
Remainders
,
commits
a
Forfeiture
,
upon
which
there
is
a
seizure
by
the
Lord
,
and
three
Proclamations
,
&c.
and
so
for
him
to
grant
;
these
were
adjuged
good
Customs
,
though
the
Tenant
in
Tayl
nor
his
Issue
are
privy
:
See
as
to
this
last
Custom
in
a
Tryal
at
Bar
in
Ejectment
,
Siderfin
,
p.
314.
Lessee
of
Pilkington
contra
Stanhop
.
So
in
Ejectment
in
Grantham
and
Coplies
Case
,
2
Sanders
422.
And
it
was
fa●ther
adjudged
,
If
such
Forfeiture
be
presented
in
the
Copy-hold
Court
,
and
the
Land
seized
in
Manus
Domini
,
the
Lord
may
not
admit
any
other
but
him
to
whom
it
is
limited
and
assigned
by
the
Tenant
who
made
such
Forfeiture
,
and
the
Lord
cannot
dispose
of
it
otherwise
:
And
farther
,
That
if
the
Lord
admit
any
other
,
and
after
sells
the
Manor
to
a
Stranger
,
by
whom
Cesty
que
use
is
admitted
,
Cesty
que
use
hath
a
good
Title
,
and
shall
avoid
all
mean
acts
and
dispositions
made
by
the
Lord
,
as
he
should
if
a
Surrender
had
been
made
to
his
Use
,
ibid.
Mr.
Keble
in
the
Reporting
of
this
Case
of
Coply's
2.823
.
saith
,
A
Surrender
is
to
the
Lord
to
the
intent
quod
inde
faciat
voluntatem
,
yet
by
Custom
the
Surrenderer
by
Petition
or
Declaration
may
direct
it
to
any
person
whatever
,
and
the
Lord
must
pursue
it
,
and
there
is
no
Estate
in
the
Lord
,
but
it
remains
in
the
Tenants
hands
till
Admittance
of
such
party
,
and
the
Purchasor
might
come
in
at
any
time
.
The
Case
of
Taylor
and
Shaw
,
in
Carters
Rep.
6
,
22.
The
like
Custom
is
adjudged
void
,
but
that
was
upon
a
fault
in
the
special
Verdict
:
Tenant
in
Tayl
of
Copy-hold
Lands
,
the
Jury
find
a
Custom
,
That
this
is
to
be
barred
by
seizure
of
the
Lord
as
a
Forfeiture
,
&
non
alio
modo
,
and
not
otherwise
,
as
the
Lord
Chief
Justice
Bridgman
well
observed
,
and
that
being
naught
,
the
whole
Custom
is
in
vain
.
As
for
his
first
Reason
of
such
a
Custom
being
void
,
that
its
a
precarious
Custom
;
you
must
have
the
concurrence
of
the
Lord
,
or
you
cannot
do
it
;
and
Custom
implies
Right
;
though
this
is
of
weight
,
yet
it
might
have
been
objected
in
Pilkinton's
Case
and
Grantham's
Case
,
yet
in
these
Cases
such
Custom
is
adjudged
good
.
But
his
second
Reason
is
cogent
;
by
this
negative
Custom
you
destroy
that
which
is
essential
to
the
Estate
.
If
you
will
allow
a
customary
Tayl
,
you
must
allow
a
customary
Recovery
,
and
so
this
Case
differs
from
those
others
.
Now
these
ways
of
barring
Entayled
Copy-holds
,
are
in
nature
of
a
Recovery
to
dock
the
Entayl
.
But
Rolls
Opinin
in
Stiles
450.
Pilkington
and
Bagshaws
Case
is
not
Law
;
he
conceived
there
could
be
no
such
Custom
to
cut
off
Entayled
Lands
of
Copy-hold
by
the
Forfeiture
and
seizure
of
the
Lord
,
for
his
seizure
upon
the
forfeiture
destroys
the
Copy-hold
Estate
at
Common
Law
;
Modus
&
Conventio
vincunt
Legem
.
And
therefore
It
was
made
a
Question
in
Dell
and
Heydon's
Case
,
If
Tenant
in
Tayl
of
a
Copy-hold
,
Remainder
in
Fee
,
is
impleaded
by
plaint
in
a
Court
Baron
,
in
nature
of
a
Writ
of
Entry
in
the
Post
,
Cro
El.
p.
372.
But
Rolls
in
1
Abr.
506.
in
the
same
Case
,
saith
this
may
be
barred
by
a
Common
Recovery
,
for
a
warranty
may
be
annexed
upon
this
by
a
Surrender
to
an
Use
,
or
by
a
confirmation
,
or
by
Release
with
Warranty
,
and
it
may
be
intended
he
shall
have
other
Copy-hold
in
value
.
And
Sir
Francis
More
in
the
Report
of
this
Case
saith
,
if
Tenenant
in
Tayl
come
in
as
Vouchee
,
this
is
a
bar
to
the
Issues
and
Remainder
.
Surrender
with
warranty
to
an
Use
,
and
grant
accordingly
,
makes
the
party
in
the
per
by
the
Surrenderor
,
and
upon
this
Warranty
the
Surrenderor
may
be
vouched
,
and
Recovery
in
value
shall
be
only
of
other
Copy-hold
Lands
in
the
Manor
,
No.
488.
and
in
4
Rep.
mesme
Case
,
it
s
adjudged
that
such
Recovery
shall
make
a
Discontinuance
,
and
shall
take
away
the
Entry
of
the
Heir
in
Tayl.
If
a
Copy-holder
surrenders
in
Tayl
,
and
the
Heir
of
the
Donee
is
to
bring
a
Formedon
,
he
ought
to
count
of
a
Gift
made
by
the
Copy-holder
who
surrendred
,
and
not
by
the
Lord
,
for
he
is
but
the
Instrument
to
convey
it
,
and
nothing
passeth
from
him
,
Cro.
El.
361.
Paulter
and
Cornhil
.
And
yet
in
the
Case
of
Clun
and
Pease
,
adjudged
since
Dell
and
Higden's
Case
,
Per
totam
Curiam
,
A
Recovery
with
common
Voucher
in
a
Plaint
,
in
nature
of
a
Writ
of
Entry
,
in
Curia
Manerij
,
shall
not
bind
the
Issue
in
Tayl
,
for
it
shall
not
bind
but
upon
expectancy
of
a
Recovery
in
value
,
which
is
the
reason
it
binds
for
Land
at
the
Common
Law
,
and
here
he
cannot
have
any
Land
in
value
,
neither
at
Common
Law
,
nor
customary
Land
;
for
if
it
should
be
so
Conveyed
,
the
Lord
should
lose
his
Fine
,
and
one
should
hold
his
Land
as
a
Copy-holder
without
Admittance
or
Grant
from
the
Lord
,
which
is
contrary
to
the
nature
of
a
Copy-hold
,
but
it
s
a
Discontinuance
clearly
,
which
cannot
be
defeated
by
Entry
,
Cro.
El.
p.
391.
Now
as
a
Feoffment
will
not
destroy
a
Copy-hold
Estate
Entayled
,
so
neither
a
Fine
or
Recovery
at
Common
Law
.
It
doth
not
make
any
Discontinuance
,
Of
Lands
any
ways
Entayled
,
&c.
I
conceive
that
cannot
extend
to
Copy-hold
Lands
,
Carter's
Rep.
25
,
26.
Where
by
the
Custom
Plaints
have
been
made
in
the
Court
of
the
Manor
,
in
the
nature
of
real
Actions
,
if
such
a
Recovery
be
against
Tenant
in
Tayl
Copy-holder
,
this
shall
be
a
Discontinuance
,
and
shall
take
away
the
Entry
of
the
Heir
in
Tayl
,
for
they
are
warranted
by
Custom
,
and
it
is
an
incident
that
the
Law
amounteth
to
the
said
Custom
,
that
such
Recovery
shall
make
a
Discontinuance
,
4
Rep.
23.
Deal
and
Rigden
.
Cro.
Jac.
105.
held
it
was
a
Discontinuance
.
Quaere
his
Reason
.
Surrender
by
Tenant
Copy-holder
in
Tayl
,
Cro.
El.
p.
148.
Bulle's
Case
.
But
in
Cro.
El.
717.
Erishes
Case
,
That
such
a
Surrender
is
a
Discontinuance
to
put
the
Issue
to
his
Action
,
this
being
as
strong
as
a
Livery
by
Tenant
in
Tayl
,
and
the
Alienee
is
in
by
the
Tenant
in
Tayl
,
though
he
comes
in
by
Grant
of
the
Lord
,
1
Leon.
p.
95.
Case
124.
Knight
and
Footman
,
there
holden
,
That
the
surrender
of
Copy-holder
in
Tayl
to
the
Use
of
another
in
Fee
,
doth
not
make
any
Discontinuance
,
but
the
Issue
in
Tayl
may
enter
,
and
the
Serjeants
Case
there
cited
to
be
so
.
One
under
age
surrenders
and
dyes
,
having
Issue
A.
A.
may
enter
,
and
shall
not
be
put
to
his
dum
fuit
infra
aetatem
,
1
Leon.
95.
Knights
Case
.
But
it
is
setled
,
That
a
Surrender
makes
not
a
Discontinuance
.
Vide
infra
,
pres
a
pres
.
A
farther
Discourse
of
what
shall
amount
to
a
Discontinuance
or
not
,
Vide
hic
Cap.
supra
.
If
a
Copy-holder
in
Tayl
(
admitting
it
be
an
Entayl
)
surrender
to
the
Lord
to
make
his
Will
,
and
he
re-grants
this
to
the
Copy
holder
,
this
is
not
any
Discontinuance
,
although
a
Surrender
to
the
Use
of
an
Estranger
should
be
admitted
to
be
a
Discontinuance
,
for
a
surrender
to
the
Lord
may
not
make
any
Discontinuance
,
forasmuch
as
he
had
the
Reversion
;
agreed
upon
Evidence
at
the
Bar
,
in
Lee
and
Brown's
Case
,
Mich.
14
Jac.
B.
R.
So
a
Surrender
of
a
Copy-hold
Entailed
to
certain
Uses
,
&c.
is
no
Discontinuance
,
though
the
Court
there
said
,
it
had
been
a
great
Question
;
but
by
a
special
Custom
such
surrender
may
be
a
Discontinuance
.
A
Discontinuance
may
be
of
a
Copy-hold
Entayl
(
admitting
it
to
be
a
Tayl
)
as
by
a
Recovery
in
a
real
Action
,
in
the
Lords
Court
,
4
Rep.
23
Deal's
Case
.
Quaere
,
if
it
be
not
more
properly
a
Bar
for
the
time
than
a
Discontinuance
,
1
Rolls
Abr.
634.
Morris's
Case
,
44
Eliz.
B.
R.
In
Chard
and
Wyat's
Case
,
More
,
n.
877.
The
Court
were
divided
in
Opinion
,
whether
a
Surrender
was
a
Discontinuance
.
The
Case
was
this
:
A
Copy-holder
in
Fee
surrendred
to
the
Use
of
his
Will
,
and
having
a
Daughter
born
,
and
his
Wife
with
Child
,
he
devised
by
Will
part
of
his
Land
to
his
Son
or
Daughter
with
which
his
Wife
went
,
&
haeredibus
suis
legitime
procreat
.
and
the
residue
he
devised
to
his
Daughter
born
,
to
have
to
her
and
the
Fruit
of
her
Body
,
and
if
she
dye
without
Fruit
of
her
Body
,
the
same
shall
remain
to
the
Child
in
the
Mothers
Belly
;
and
if
both
dye
without
Fruit
,
then
J.
S.
should
sell
the
Land
,
and
willed
the
one
Sister
to
be
Heir
to
the
other
.
The
Wife
of
the
Devisor
entred
and
was
admitted
,
and
had
a
Daughter
,
which
afterward
dyed
;
the
Mother
took
Husband
and
they
surrendred
.
Resolved
1st
.
That
this
was
a
Fee
Tayl
in
the
Daughter
,
2ly
.
That
one
in
ventre
sa
mere
could
not
take
an
Estate
in
possession
by
Purchase
;
but
in
this
Case
she
may
take
in
Remainder
:
But
whether
it
were
a
Discontinuance
the
Court
was
divided
;
but
they
all
agreed
a
Copyhold
may
be
Entayled
by
Custom
,
and
barr'd
by
Recovery
by
special
Custom
,
and
yet
in
Moor
,
n.
1087.
afterwards
it
was
adjudged
,
a
Surrender
by
a
Tenant
in
Tayl
of
a
Copy-hold
,
was
not
a
Discontinuance
;
but
by
what
is
said
before
,
the
Law
is
setled
as
to
this
point
.
But
(
to
cite
no
more
in
this
point
)
where
by
Custom
of
the
Manor
Pleints
have
been
made
in
the
nature
of
real
Actions
;
That
if
a
Recovery
be
in
a
Pleint
in
nature
of
a
real
Action
against
a
Tenant
Copy-holder
in
Tayl
,
it
s
adjudged
that
this
shall
be
a
Discontinuance
,
and
shall
take
away
the
Entry
of
the
Heir
in
Tayl
,
for
these
Pleints
are
warranted
by
the
Custom
,
this
is
an
incident
which
the
Law
annexeth
to
the
said
Custom
,
4
Rep.
23.
Deal
and
Rigden
.
CAP.
XX.
Of
Leases
of
Copy-hold
Estates
.
Leases
by
the
Lord
,
and
Rent
reserved
,
and
his
Remedy
by
Avowry
.
And
of
Leases
made
by
Copy-holders
.
What
is
a
Forfeiture
or
not
.
When
a
Licence
to
make
a
Lease
shall
be
said
to
be
persued
or
not
.
Commencement
of
a
Lease
.
Leases
by
whom
made
.
Bishop
.
Tenant
in
Tayl.
Infant
.
Of
Rents
reserved
.
What
things
are
demisable
by
Copy
.
Of
Leases
of
Copy-hold
Land
,
Vide
Title
Customs
as
to
Leases
and
Limitations
of
Estates
,
supra
.
Of
Leases
of
Copy-hold
Land
made
by
the
-
Lord
,
-
Tenants
.
1.
By
the
Lord
,
and
his
Avowries
,
and
remedy
for
the
Rent
.
J.
S.
this
is
good
betwixt
J.
S.
and
the
Lord
:
But
the
Lord
cannot
reserve
the
Rent
upon
such
a
Lease
,
1
Keb.
15.
Gerrard's
Case
.
If
a
man
be
seized
of
a
Manor
wherein
are
divers
Copy-holders
admittable
for
Life
or
for
years
,
Hetly
,
p.
54.
M.
3
Car.
B.
C.
Davis
and
Fortescue
.
Lord
of
the
Manor
made
a
Lease
to
two
of
the
Copy-holders
of
the
Court
Baron
for
200
years
,
Per
Cur.
this
is
a
good
Copy
;
the
Court
may
well
continue
for
that
purpose
,
as
to
Admittance
of
Copy-holders
,
for
otherwise
every
one
of
his
own
act
may
destroy
his
Copyholders
Estate
,
Cro.
El.
p.
394.
Jackson
and
Neal
,
and
Lord
Hatton's
Case
,
cited
there
.
If
the
Lord
of
a
Manor
grants
a
Copy-hold
,
Rolls
Abr.
450.
Crisp
and
Fryar
.
Copy-holder
makes
a
Lease
,
rendring
Rent
,
Mole
,
vide
.
The
Lord
may
Distrain
a
Copy-holder
for
his
Rent
as
well
as
Seize
:
Quaere
,
Brownl
.
p.
279.
Ravel
and
Downe
.
d.
Hall
Bishop
demised
these
two
Manors
to
P.
for
99
years
,
determinable
upon
three
Lives
,
reserving
the
old
Rent
.
P.
assigns
them
over
to
N.
except
the
Demesns
of
Treacer
.
N.
surrenders
both
Manors
,
except
Treacer
.
The
Bishop
re-demiseth
to
him
the
said
Manors
,
except
Treacer
,
and
one
Farm
more
,
reserving
the
old
Rent
,
67
l.
1
s.
5
d.
Per
Cur.
this
second
Lease
was
good
,
and
the
67
l.
1
s.
5
d.
was
the
old
accustomed
Rent
within
the
Statute
1
El.
Mod.
Rep.
203.
Thredneedle
and
Lynham
.
Of
Leases
made
by
a
Copy-holder
,
and
of
Rents
reserved
thereupon
,
vide
Customs
.
When
Leases
made
by
a
Copy-holder
for
Years
are
a
Forfeiture
,
Vide
sub
Tit.
Forfeiture
.
What
Leases
shall
be
good
or
not
,
in
respect
of
Licence
when
it
is
persued
or
not
.
Copy-holder
may
make
a
Lease
for
one
year
,
without
Licence
,
for
that
is
warranted
by
the
Law
,
by
the
force
of
the
general
Custom
of
the
Realm
,
Lit.
234.
and
this
shall
be
accounted
Assets
in
the
Hands
of
the
Executors
of
the
Lessee
.
If
the
Lord
give
Licence
to
a
Coph-holder
for
Life
,
to
let
the
Copy-hold
for
five
years
,
the
Copy-holder
may
Lease
this
for
three
years
,
for
this
is
comprehended
within
the
Licence
,
inasmuch
as
he
had
given
him
Licence
to
let
for
more
years
,
M.
15
Jac.
B.
R.
Woolridg
and
Bambridge
;
adjudged
upon
a
special
Verdict
:
so
it
was
adjudged
in
the
same
Case
,
Cro.
Jac.
417.
If
the
Lord
give
Licence
to
a
Copy-holder
for
Life
,
to
Lease
the
Copy-hold
for
five
years
,
if
the
Copy-holder
shall
so
long
live
;
and
he
lets
this
for
five
years
generally
,
without
this
limitation
,
If
he
shall
so
long
live
;
yet
this
is
a
good
pursuance
of
the
Licence
,
and
so
a
good
performance
;
for
the
Lease
is
determinable
by
his
death
,
by
a
limitation
in
Law
,
and
therefore
so
much
is
implied
by
the
Law
,
as
if
he
had
made
the
actual
limitation
.
So
is
the
Case
of
Hart
and
Arrowsmith
,
Noy
121.
the
operation
of
Law
made
,
such
a
limitation
to
the
Estate
which
he
made
,
i.
e.
if
he
shall
live
so
long
:
But
if
the
Copy-holder
had
had
an
Estate
in
Fee
,
it
had
been
a
Forfeiture
to
have
made
an
absolute
Lease
,
because
in
this
case
he
doth
more
than
he
was
licenced
to
do
,
Popham
Rep.
105.
Per
Cur.
this
Lease
〈◊〉
not
warranted
by
this
Licence
,
and
so
no
Eject
.
firmae
lyes
upon
it
,
Cro.
El.
p.
394.
Jackson
and
Neal.
Commencement
.
Siderfin
,
Clark
and
Caudle
,
Capel
and
Stephens
,
1653.
Francis
Knolls
Knight
,
Lord
of
the
Manor
,
in
Tayl
,
Reversion
in
the
Crown
.
Sir
Francis
makes
a
Lease
,
for
three
Lives
,
to
commence
from
the
day
of
the
date
,
and
of
the
ancient
Copy-hold
Rent
was
reserved
and
more
.
Three
Questions
were
moved
by
the
Jury
.
1.
Per
Cur.
If
this
Land
shall
be
said
usually
demised
within
the
Statute
32
H.
8.
being
never
demised
before
but
by
Copy
?
And
the
Court
ruled
,
that
so
2.
If
this
Copy-hold
Rent
shall
be
said
the
ancient
accustomed
Rent
within
the
Statute
?
and
ruled
,
that
so
3.
Though
an
Herriot
was
not
reserved
in
the
new
Lease
which
was
payable
by
the
Copy-hold
Custom
,
yet
it
was
resolved
,
that
it
was
a
good
Lease
within
the
Statute
of
32
H.
8.
if
Livery
was
made
after
the
day
of
the
date
,
Moor
,
n.
1050.
Banks
and
Brown
.
The
Land
is
accountable
usually
demisable
when
it
is
always
demised
;
it
was
Sir
James
Marvin's
Case
.
Tenant
in
Tayl
lets
a
Copy-hold
by
Indenture
,
rendring
the
same
Rent
as
before
;
it
s
a
good
Lease
within
the
Statute
of
32
H.
8.
A
Manor
by
Act
of
Parliament
was
Entayled
to
A.
Wife
of
the
Lord
M.
with
divers
Remainders
over
,
with
a
Proviso
,
That
the
Donees
non
facerent
aliquid
in
nocumentum
vel
ex
heredat
.
haeredum
suorum
,
vel
,
&c.
sed
tantum
pro
junctura
,
vel
pro
termino
vitae
vel
pro
annis
,
vel
ad
voluntatem
secundum
consuetudinem
manerij
reddend
.
antiquum
redditum
.
The
said
Manor
consisted
of
divers
free
Rents
,
amounting
to
7
l.
15
s.
Copy-hold
Tenements
held
for
Lives
,
the
customary
Rent
of
which
was
3
l.
and
Waste
and
Herriots
.
The
free
Rents
or
Copy-hold
Rents
or
Herriots
were
never
devised
before
for
Life
or
Years
,
or
otherwise
.
A
(
post
mortem
viri
)
by
Fine
grants
and
renders
the
moiety
of
the
Manor
for
300
years
,
rendring
Rent
,
amounting
to
the
Free
and
Copy-hold
Rents
,
and
8
d.
more
,
payable
at
two
Feasts
,
whereas
the
ancient
Rents
were
payable
at
four
;
Per
Cur.
the
Lease
was
void
;
the
Copy-holds
ought
to
have
been
granted
by
Copy
,
and
not
by
Fine
,
and
the
reservation
at
two
days
,
where
the
Rent
was
payable
at
four
days
before
,
made
the
Grant
void
;
for
its
ad
nocumentum
haered
.
and
there
can
be
no
apportionment
in
that
case
,
for
Copy-holds
for
Lives
are
uncertain
,
and
Herriots
accidental
.
When
two
Ferms
are
joyned
together
the
entire
Rent
which
is
reserved
out
of
both
of
them
is
a
new
Rent
,
and
not
the
accustomable
Rent
,
5
Rep.
5.
Lord
Mountjoy's
Case
.
By
whom
made
.
Lit.
Rep.
305.
in
Sheers
Case
.
Dean
and
Chapter
of
Worcester
,
Lord
of
a
Manor
in
jure
Ecclesiae
,
of
which
Manor
H.
G.
was
a
Copy-holder
for
Life
of
Lands
,
under
the
Rent
of
8
s.
8
d.
per
annum
,
payable
Quarterly
,
and
Herriotable
at
the
death
of
the
Tenant
;
the
Copy-holds
were
by
the
Custom
grantable
for
three
Lives
,
they
demise
the
said
Lands
to
H.
G.
and
his
Assigns
,
for
the
Lives
of
R.
J.
and
M.
and
the
survivor
of
them
,
renduring
8
s.
4
d.
per
annum
,
at
two
Feasts
.
Question
was
,
if
this
Lease
were
good
,
or
might
be
avoided
by
the
Successor
?
Per
the
Statute
13
Eliz.
Cap.
10.
It
was
resolved
.
1.
The
Lease
was
good
,
though
it
was
made
pur
auter
vies
,
and
that
the
Occupants
shall
be
punishable
for
Waste
.
2.
Customary
Demises
are
within
this
Law
,
Fl.
cap.
10.
for
this
Estate
granted
by
Copy
was
in
judgment
of
Law
an
Estate
at
Will
,
and
without
doubt
Lands
which
have
been
accustomed
to
be
demised
at
will
by
those
which
have
the
Inheritance
of
the
Land
,
rendring
rent
,
are
Lands
accustomably
let
to
Farm
within
the
said
Act.
3.
The
said
Act
of
13
El.
doth
not
avoid
the
Lease
,
if
the
accustomed
yearly
Rent
,
or
more
be
reserved
,
and
for
that
an
Herriot
is
not
a
thing
Annual
,
nor
a
thing
depending
on
the
Rent
,
it
sufficeth
if
the
Annual
Rent
be
reserved
,
6
Rep.
37.
Dean
and
Chapter
of
Worcesters
Case
,
Cro.
Jac.
76.
Baugh
and
Heyns
,
mesme
Case
.
As
to
Leases
by
Bishops
of
Manors
consisting
of
Copy-hold
Lands
,
and
Services
of
Free-Tenants
,
and
reserving
the
ancient
Rent
,
vide
3
Keb.
372.
Mod.
Rep.
203.
Threadneedle
and
Lynham
.
Infant
Copy-holder
in
Fee
leaseth
for
years
,
Per
Cur.
this
Lease
for
years
is
no
Disseisin
to
the
Lord
,
though
it
may
be
a
Forfeiture
,
and
this
Lease
is
not
void
but
voidable
,
and
may
be
affirmed
by
acceptance
,
Noy
,
p.
92.
Ashfield's
Case
,
Lach.
p.
199.
Vide
Rolls
Rep.
256.
By
a
Copy-holder
or
Heir
before
Admittance
,
vide
Admittance
.
As
to
Rents
reserved
.
Lands
at
Common
Law
and
Copy-hold
Lands
are
leased
by
one
Indenture
,
Moor
,
n.
144.
Term.
Pasch.
5
El.
.
But
the
Law
is
not
so
,
for
in
Collins
and
Harding's
Case
,
Moor
,
n.
723.
the
Judges
were
divided
in
Opinion
about
this
very
point
.
But
in
Rolls
2
Abr.
p.
426.
it
is
resolved
,
That
this
Rent
shall
issue
out
of
the
Copy-hold
Land
as
well
as
out
of
the
other
Land
;
for
a
Rent
may
be
reserved
out
of
the
Copy-hold
Land
,
and
this
is
such
a
thing
to
which
one
may
resort
for
a
Distress
,
Collins
and
Harding's
Case
:
And
this
Case
is
farther
Reported
by
Rolls
1
Abr.
p.
234.
If
a
man
Lease
for
years
Freehold
Land
,
and
also
Copy-hold
Land
by
Licence
of
the
Lord
,
reserving
a
Rent
,
and
after
grants
the
Reversion
of
the
Free
Land
to
another
,
and
the
Lessee
Attorn
,
the
Rent
shall
be
apportioned
,
for
this
waits
upon
the
Reversion
,
vide
Collins
and
Harding's
Case
also
Reported
in
Cro.
El.
p.
600
,
622.
The
Rent
issueth
out
of
both
,
and
is
not
like
to
a
Lease
of
Lands
and
Goods
,
for
all
the
Rent
is
there
issuing
out
of
the
Lands
,
and
it
is
now
in
the
Hands
of
the
Grantee
,
as
one
entire
Reversion
,
Copy-holder
by
Licence
of
the
Lord
demised
the
same
by
Indenture
to
the
Plaintiff
for
twenty
years
,
under
the
Rent
of
25
l.
per
annum
,
the
Copy-holder
surrenders
the
Reversion
of
the
one
moiety
of
the
same
Copy-hold
to
the
Use
of
one
N.
W.
to
which
he
was
admitted
,
and
then
the
Reversion
of
the
other
moiety
to
W.
who
was
admitted
.
Per
Cur.
the
Surrender
by
the
name
of
a
Reversion
,
is
good
(
though
the
Lease
is
by
Indenture
and
not
by
Surrender
,
Per
Cur.
the
Rent
is
to
be
divided
by
moyeties
,
according
to
the
halves
of
the
Reversion
;
and
in
this
case
it
was
resolved
there
needed
no
Attornment
upon
the
Surrender
,
for
the
Admittance
,
settles
the
Estate
,
It
was
said
by
Hale
Chief
Justice
,
That
a
Lease
for
years
of
Lands
that
are
Copy-hold
,
Keb.
p.
91.
in
Cholmly
and
Cooper's
Case
.
A.
being
a
Copy-holder
by
Licence
of
the
Lord
,
leased
his
Copy-hold
to
Smith
for
years
,
rendring
Rent
,
and
afterwards
by
Deed
granted
the
Rent
to
another
;
Habend
.
during
the
term
,
&c.
to
which
grant
the
Lessee
did
Attorn
,
and
paid
the
Rent
to
the
Grantee
.
Per
Gaudy
,
the
Grant
is
good
,
but
now
it
is
but
a
Rent-seek
;
Copy-holder
makes
a
Lease
for
years
,
Ejectione
firmae
,
for
between
the
Lessor
and
Lessee
and
all
others
,
except
the
Lord
of
the
Manor
,
the
Lease
is
good
,
Owen
17.
Downingham's
Case
.
Of
Leases
made
by
those
in
Remainder
or
Reversion
.
Tenant
for
Life
,
pur
vie
surrenders
,
the
Rent
shall
commence
presently
,
Cro.
El.
p.
160.
Dove
and
Williot
.
Rolls
Rep.
202.
Long
and
Baker
.
As
to
Remedy
for
Rents
,
by
Entry
or
Action
,
Vide
infra
titulo
,
What
Statutes
extends
to
Copy-hold
Lands
,
and
sub
titulo
Actions
and
Suits
.
What
things
are
demisable
by
Copy
.
Underwoods
may
be
demised
by
Copy
to
one
and
his
Heirs
,
for
this
Underwood
is
a
thing
of
Inheritance
,
for
after
every
cutting
down
they
will
grow
again
from
the
Stubbs
,
Cro.
El.
413.
Hoe's
Case
.
Tythes
may
be
demisable
by
Copy
of
Court
Roll
,
according
to
the
Custom
of
the
Manor
,
for
they
may
be
parcel
of
a
Manor
as
(
well
as
a
Rent-charge
)
Com.
p.
43
Eliz.
Sands
and
Drury
.
Tonsura
prati
may
be
demisable
by
Copy
of
Court
Roll
,
according
to
the
Custom
of
the
Manor
,
by
Prescription
,
per
Gaudy
;
Vide
pluis
supra
.
Pleadings
.
Custome
quod
tenens
custumarius
in
feodo
possit
dimittere
terras
pro
aliquo
termino
annorum
sine
Licentia
Domini
,
Cro.
Entr.
123.
Simile
non
excedens
.
21
annos
,
Hern
81.
CAP.
XXI
.
Of
Licence
.
What
Licence
shall
be
good
.
By
whom
made
shall
bind
or
not
.
Licence
taken
for
a
Confirmation
.
When
and
where
a
Licence
is
to
be
pleaded
specially
,
and
when
and
where
not
.
QUaere
if
Lessee
for
years
may
grant
Licence
to
a
Copy-holder
to
fell
Timber
?
Licence
to
make
Leases
,
Vide
supra
Leases
.
The
Lord
Licenced
his
Copy-holder
,
to
make
a
Lease
of
his
Copy-hold
for
21
years
,
Per
Anderson
,
The
making
of
the
second
Lease
was
a
Forfeiture
;
the
Licence
is
satisfied
by
the
first
Lease
,
and
so
the
second
Lease
is
without
Warrant
,
and
consequently
a
Forfeiture
.
Rolls
Rep.
509.
Johnson
and
Smart
.
Rolls
Abr.
511.
Petty
and
Debbans
.
Brownl
.
p.
40.
mesme
Case
.
Owen
,
p.
73.
Haddon
and
Arrowsmith
.
If
a
Copy-holder
makes
a
Lease
for
years
by
Licence
of
the
Lord
,
Yelv.
contra
.
This
Licence
shall
be
taken
as
a
confirmation
of
the
Lord
,
and
the
Lease
shall
be
good
against
him
,
Popham
188.
Pleadings
.
When
and
Where
a
Licence
is
to
be
pleaded
specially
and
when
and
where
not
.
In
Ejectione
Firmae
brought
by
the
Lessee
of
a
Copy-holder
,
it
is
sufficient
that
the
Count
be
general
,
without
mentioning
of
the
Licence
;
if
the
Defendant
plead
Not
Guilty
,
then
the
Plaintiff
ought
to
shew
the
Licence
in
Evidence
:
But
if
the
Defendant
plead
specially
,
then
the
Plaintiff
ought
to
plead
the
Licence
certainly
in
his
Replication
,
and
the
time
and
place
when
it
was
made
;
and
in
this
Case
the
Plaintiff
replyed
,
That
the
Copy-holder
by
Licence
first
then
had
of
the
Lord
,
did
demise
,
and
did
not
shew
what
Estate
the
Lord
had
,
nor
the
time
and
place
when
it
was
made
;
it
is
not
good
,
for
the
Licence
is
traversable
.
The
Defendant
cannot
plead
,
That
the
Plaintiff
by
Licence
did
not
demise
,
for
this
is
a
negative
pregnant
,
2
Browl.
40.
Petty
and
Evans
.
Licentia
dat
.
ad
dimittendas
terras
custumarias
,
Co.
Ent.
185.
CAP.
XXII
.
Of
Forfeitures
.
What
shall
amount
to
a
Forfeiture
of
a
Copy-hold
Estate
by
act
of
the
Party
,
by
non-feazance
or
misfeazance
.
Of
refusal
of
Writ
,
Services
,
&c.
Non-Appearance
at
Courts
.
Of
making
Leases
not
warranted
.
Rent
shall
be
said
a
Covenant
and
no
Lease
,
and
so
shall
be
no
Forfeiture
.
What
Alienation
shall
be
a
Forfeiture
or
not
.
Of
Forfeiture
by
wast
in
Trees
.
By
Attainder
of
the
Tenant
.
What
act
of
the
Husband
shall
forfeit
the
Wifes
Land
or
not
.
Who
shall
take
advantage
of
a
Forfeiture
.
Where
the
Lord
shall
take
advantage
before
a
Presentment
or
not
.
Where
the
Forfeiture
of
one
Copy-holder
shall
be
the
Forfeiture
of
another
,
as
to
Estates
or
Persons
.
What
is
a
dispensation
of
a
Forfeiture
,
and
of
what
Forfeitures
in
the
Life
of
the
Ancestor
the
Heir
shall
take
advantage
.
Of
Forfeitures
.
What
shall
amount
to
a
Forfeiture
of
a
Copy-hold
Estate
.
BY
act
of
the
Party
.
By
Operatation
of
the
Law
.
What
act
of
the
Party
respecting
-
Non-Feazance
.
-
Mis-Feazance
.
Of
refusal
to
pay
Rent
,
perform
Services
or
Suit
of
Court
,
when
they
shall
be
causes
of
Forfeitures
or
not
.
A
Copy-holder
hath
an
Inheritance
by
Custom
,
but
when
he
doth
that
which
is
contrary
to
the
Custom
,
as
to
cut
down
Trees
,
&c.
he
shall
then
be
in
no
better
a
condition
than
a
bare
Tenant
at
will
,
and
so
it
will
be
a
Forfeiture
.
If
a
Copy-holder
be
to
pay
a
certain
Rent
yearly
by
his
Copy
to
the
Lord
,
and
the
Lord
comes
upon
the
Land
,
and
demands
the
Rent
at
the
day
;
if
the
Copy-holder
being
present
,
refuseth
to
pay
it
,
this
is
a
Forfeiture
;
but
if
in
such
Case
the
Copy-holder
saith
to
the
Lord
,
he
hath
not
his
Rent
ready
,
this
is
not
any
Forfeiture
,
for
the
Lord
may
Distrain
,
1
Rolls
Abr.
506.
therefore
the
Case
in
Cokes
Copy-holder
,
p.
189.
is
not
Law
,
which
saith
,
That
if
the
Copy-holder
tells
his
Lord
,
that
he
wanteth
Mony
to
discharge
the
Rent
,
and
intreateth
him
to
forbear
,
unless
the
Lord
giveth
his
consent
,
that
this
is
a
Forfeiture
,
vide
Noy
,
p.
58.
Crispe
and
Fryar
,
Cro.
El.
505.
mesme
Case
.
A
Widow
had
Copy-hold
Land
,
and
knew
not
how
to
pay
her
Rent
,
and
divers
persons
came
for
the
Rent
,
but
she
dismist
them
with
dilatory
Answers
;
last
of
all
comes
a
young
Gallant
and
demands
the
Rent
,
she
answers
,
That
she
did
not
know
him
,
but
if
he
would
dance
before
her
,
if
she
liked
his
dancing
,
she
would
pay
it
:
This
denyal
was
adjudged
no
Forfeiture
,
not
being
wilful
,
Lit.
Rep.
268
in
Paston
and
Uthert's
Case
.
Hob.
p.
135.
Denny
and
Lemon
,
p.
38.
El.
B.
R.
Crisp
and
Fryer
.
And
therefore
that
other
Assertion
in
Cokes
Copy-holder
,
p.
190
,
That
if
the
Lord
continue
in
making
his
demand
upon
the
Land
,
and
the
Copy-holder
is
still
absent
,
pay
this
at
my
House
such
a
day
,
which
House
was
within
the
Manor
,
it
was
resolved
that
the
first
words
were
not
any
Forfeiture
,
Copy-holder
in
Fee
,
rendring
Rent
at
Michaelmas
and
Lady-day
,
Moor
,
n.
468.
Crisp
and
Fryar
.
An
Act
which
makes
a
Forfeiture
ought
to
be
to
the
disherison
of
the
Lord
of
his
Copy-hold
,
not
of
a
collateral
thing
.
Copy-holds
are
determinable
the
same
way
as
Estates
at
Will.
When
a
Copy-holder
doth
acts
as
Owner
,
not
warranted
by
the
Custom
,
5
Rep.
13.
as
Waste
,
unless
the
special
Custom
aid
,
2
Keb.
466.
Ivery's
Case
.
If
the
Estate
of
the
Lord
of
the
Manor
cease
by
limitation
of
Use
,
and
the
Use
and
Estate
of
it
is
transferred
to
another
,
Bargainee
of
a
Manor
by
Deed
Indented
and
Inrolled
shall
not
take
advantage
of
the
Forfeiture
of
a
Copy-hold
for
denyal
of
payment
of
Rent
to
him
,
without
notice
given
to
him
of
the
Bargain
and
Sale
,
agreed
for
Law
,
in
Francis's
Case
,
8
Rep.
Copy-holder
before
any
Rent
due
saith
,
he
will
not
pay
any
Rent
to
the
Lord
hereafter
;
Vide
supra
,
Paston
and
Utbert's
Case
.
In
case
of
the
forfeiture
of
a
Copy-hold
,
either
for
Rent
or
Fine
,
the
Lord
must
demand
the
Rent
or
Fine
of
the
person
of
the
Tenant
;
Hob.
p.
135.
Per
Cur.
the
Lord
is
not
bound
to
aver
that
,
but
it
must
come
on
the
Copy-holders
side
,
to
shew
the
circumstances
of
the
Case
,
to
make
it
appear
to
the
Court
to
be
unreasonable
:
But
the
Opinion
of
the
Court
was
against
the
Lord
in
this
Action
,
because
he
had
not
laid
a
demand
of
his
Fine
at
the
time
it
grew
due
,
or
sometime
after
,
of
the
person
of
the
Tenant
.
Moor
,
n.
851.
Dalton
and
Hammond
.
Cro.
El.
p.
779.
mesme
Case
.
Tender
and
refusal
is
good
payment
,
Mod.
Rep.
77.
Legingham's
Case
.
pro
quer
.
sur
demur
.
If
the
Ancestor
had
divers
Copy-holds
,
Cro.
Eliz.
779.
Dalton
and
Hammond
.
If
a
Fine
by
the
Custom
of
the
Manor
,
Rolls
Abr.
507.
But
if
he
assess
an
unreasonable
Fine
,
and
the
Copy-holder
refuse
to
pay
it
,
it
s
no
Forfeiture
;
therefor
the
Case
of
Turner
and
Cromwel
,
cited
in
Crisp's
Case
is
not
Law
,
1
Rolls
Abr.
507.
It
was
held
in
the
Case
of
Fanshaw
and
Bond
,
Stiles
p.
387.
You
shall
have
them
,
if
they
are
due
by
Law
,
but
it
shall
be
tryed
at
Law
first
;
this
was
adjudged
to
be
no
Forfeiture
in
P.
16.
Eliz.
Vernon
and
Huggin's
Case
,
cited
in
Lach
,
p.
122.
Grey
and
Ulysses
Case
.
If
it
were
a
Court
he
would
appear
,
if
none
,
he
would
not
;
though
this
appear
to
be
a
Court
,
yet
this
is
no
Forfeiture
,
because
no
wilful
contempt
.
Per
Twisden
,
in
the
Case
of
Muniface
and
Baker
,
1
Keb.
25.
Willis's
Case
,
and
Parker
against
Corker
,
cited
in
the
Case
of
Wheeler
and
Honour
,
1
Keb.
154.
Stiles
,
p.
141.
Parker
and
Cooke
.
Per
Rolls
,
if
there
were
no
controversie
about
the
Courts
being
well
held
or
not
,
and
that
the
words
were
used
only
as
a
Shift
,
it
s
then
a
Forfeiture
,
else
not
.
If
a
Copy-holder
in
Fee
retraxit
,
Scil.
withdraw
his
Suit
for
many
years
to
the
Court
of
the
Lord
,
no
warning
being
alledged
to
be
made
by
the
Lord
to
him
when
he
held
his
Courts
,
it
s
no
Forfeiture
,
it
is
but
a
negligence
;
aliter
,
if
he
had
been
warned
,
and
then
had
refused
to
have
done
Suit
;
1
Rolls
Rep.
256.
Adam's
Case
.
The
Manor
of
declaring
when
a
Copy-holder
is
summoned
,
If
the
Copy-holder
doth
not
come
to
the
Court
of
the
Lord
,
Noy
,
p.
5.
Sir
Christopher
Hatton's
Case
,
cited
in
Crisp
and
Fryer's
Case
,
1
Rolls
Rep.
429.
Bullevant
and
Bickerstaff
.
General
warning
within
the
Parish
is
sufficient
;
Leon.
p.
104.
Now
Sir
John
had
by
his
Letter
of
Attorny
appointed
the
Son
of
his
Farmer
his
Attorny
to
do
the
Services
for
him
due
for
his
said
Copy-hold
.
Per
Cur.
such
a
Person
so
appointed
might
Essoyn
Sir
John
,
but
not
do
the
Services
for
him
,
Cro.
El.
353.
seems
not
to
be
Law
,
Vide
Coke's
Ent.
288.
Tavernor
and
Cromwel's
Case
,
of
a
general
Summons
at
the
Church
.
The
Custom
was
,
If
any
Copy-holder
in
Fee
dye
seized
,
and
his
Heir
comes
not
at
the
next
Court
and
claims
the
said
Tenements
,
and
prays
to
be
admitted
to
them
;
then
a
publick
Proclamation
shall
be
made
in
full
Court
,
That
the
Heir
shall
come
to
the
Court
to
claim
,
and
be
admitted
,
and
so
at
two
other
ensuing
Courts
the
like
Proclamation
;
Per
Cur.
this
Custom
and
non-claim
shall
not
foreclose
the
Heir
which
was
beyond
Sea
at
the
time
of
the
Proclamations
made
;
for
by
intendment
of
Law
he
cannot
have
notice
,
&c.
But
if
the
Heir
had
been
within
the
Realm
at
the
time
of
the
first
Proclamation
,
and
after
goes
beyond
Seas
,
the
Proclamations
shall
bind
him
,
though
he
be
beyond
Sea
at
the
time
of
the
other
Proclamations
made
,
for
he
shall
not
defeat
the
Lord
by
his
own
Act
,
8
Rep.
Sir
Rich.
Lechford's
Case
,
Cro.
Jac.
p.
226.
Underhil
and
Kelsey
;
he
cannot
return
when
he
will
,
and
the
Law
doth
not
compel
one
to
impossibilites
,
though
Coke
then
Puisny
Justice
,
in
that
Case
of
Underhil
was
of
another
Opinion
,
and
he
might
by
Letter
of
Attorny
pray
to
be
admitted
,
and
Cro.
Jac.
101.
Whitton
and
Williams
.
viva
voce
,
and
not
only
by
the
Court
Rolls
:
The
Proclamation
was
,
That
J.
S.
come
in
and
be
admitted
to
the
Lands
descended
unto
him
,
which
,
the
certainty
of
the
Lands
being
before
declared
,
As
to
Misfeazance
,
what
acts
made
or
done
by
a
Copy-holder
shall
be
a
Forfeiture
.
Note
,
Every
act
that
makes
a
Forfeiture
,
ought
to
be
1st
.
To
the
disherison
of
the
Lord
,
2ly
.
A
voluntary
act
against
the
Custom
;
therefore
a
Trespass
on
the
Demesns
of
the
Lord
is
no
Forfeiture
.
As
to
making
Leases
not
warranted
.
For
the
Lord
of
a
Manor
to
avoid
a
Lease
for
a
Forfeiture
,
by
making
a
Lease
contrary
to
the
Custom
,
Copy-holder
for
Life
makes
a
Lease
for
a
year
,
Per
Cur.
1.
Although
the
general
Custom
of
the
Realm
allows
a
Copy-holder
to
make
a
Lease
for
one
year
,
this
ought
to
be
in
present
,
and
he
cannot
make
one
for
another
year
in
reversion
.
2.
The
Lease
in
reversion
was
a
Forfeiture
,
and
when
the
Surrender
was
made
to
the
Lord
,
this
Lease
was
void
against
him
,
and
his
Interest
discharged
without
presentment
and
seizure
for
the
Forfeiture
,
for
which
his
Entry
was
lawful
,
and
Judgment
pro
Quer.
Jones
249.
Mathews
and
Weston
,
1
Bulstr.
215.
mesme
Case
.
Rolls
Abr.
510.
mesme
Case
.
This
Case
is
thus
Reported
by
Rolls
:
If
a
Copy-holder
for
Life
agrees
to
make
three
several
Leases
by
Indenture
,
the
one
to
commence
after
the
other
,
there
being
two
days
between
the
end
of
the
first
and
the
commencement
of
the
seccond
,
and
so
between
the
second
and
the
third
,
and
after
he
executes
them
at
one
time
,
this
is
a
Forfeiture
;
for
this
is
apparent
Fraud
,
and
a
greater
Estate
than
for
one
year
passeth
presently
,
Rolls
Abr.
508.
Mathews
and
Weston
.
If
a
Copy-holder
makes
a
Lease
for
one
year
,
and
covenants
,
that
after
the
end
of
this
year
he
shall
have
the
same
for
another
year
,
and
so
in
this
manner
de
anno
in
annum
,
during
the
space
of
ten
years
;
this
is
no
such
Lease
as
shall
make
a
Forfeiture
of
his
Copy-hold
Estate
,
because
he
hath
no
lawful
Lease
but
for
one
year
only
,
1
Bulstr.
187
,
190.
Hamlen's
Case
,
.
6
Rep.
35.
b.
Plowd.
237.
b.
Cro.
Jac.
301.
the
Lady
Mountagues
Case
.
A
Copy-holder
makes
a
Lease
for
an
year
;
excepting
the
last
day
of
the
year
,
and
so
from
year
to
year
,
excepting
the
last
day
of
every
year
as
long
as
he
lived
:
The
Question
was
,
if
this
were
such
a
Lease
as
would
cause
a
Forfeiture
;
for
it
was
not
a
Lease
for
an
entire
year
,
neither
is
it
a
Lease
for
two
years
together
:
Per
Cur.
it
is
a
Forfeiture
.
It
s
a
certain
Lease
for
years
excepting
two
days
,
which
is
a
Lease
in
effect
for
more
than
one
year
,
Cro.
Jac.
p.
308.
Lutterel
and
Weston
.
A
Lease
for
three
years
by
Parol
is
a
Forfeiture
,
whether
the
Lessee
enter
or
not
,
Moor
,
n.
508.
East
and
Harding
;
and
so
in
Harding
and
Turpin's
Case
,
Hetly
,
p.
122.
If
a
Copy-holder
make
a
Lease
for
years
,
to
commence
at
Michaelmas
next
,
it
s
a
Forfeiture
presently
;
and
so
Cro.
El.
Jackman's
Case
351.
A
Lease
for
years
of
Copy-hold
Land
,
by
Indenture
or
Parol
,
is
a
Forfeiture
,
unless
there
be
an
express
Custom
to
warrant
it
,
So
Cro.
El.
East
and
Harding's
Case
.
The
Lord
licenceth
a
Copy-holder
to
make
a
Lease
of
his
Copy-hold
for
21
years
,
to
begin
at
Michaelmas
following
,
and
he
made
a
Lease
accordingly
by
Indenture
,
and
also
before
Michaelmas
by
Deed
made
another
Lease
for
21
years
,
to
begin
at
Michaelmas
following
,
Per
Anderson
,
the
making
of
the
second
Lease
was
a
Forfeiture
;
the
Licence
is
satisfied
by
the
first
Lease
,
and
so
the
second
Lease
is
without
warrant
,
Moor
,
n.
329.
If
a
Copy-holder
Lease
for
three
years
by
the
Custom
,
and
he
leaseth
for
three
years
,
Rolls
Abr.
508.
Luttrel
and
Weston
.
T.
Let
Copy-hold
Lands
to
W.
by
Articles
of
Agreement
,
with
promise
and
Covenant
to
hold
for
a
year
to
halves
,
at
such
a
Rent
,
according
to
the
Custom
of
the
Manor
,
and
so
from
year
to
year
for
five
years
;
the
Question
was
,
If
this
be
a
Forfeiture
?
And
by
the
Justices
in
C.
B.
19
Car.
2.
in
the
Case
of
Lenthal
and
Wallop
against
Thomas
,
J.
S.
shall
have
my
Lands
for
five
years
,
may
be
a
Lease
where
a
Lease
may
be
made
,
especially
where
the
words
Covenant
and
Agreed
is
added
,
but
only
by
a
favourable
construction
of
Law
,
which
shall
never
work
a
Forfeiture
,
2
Keb.
p.
267.
Per
Cur.
this
Lease
may
be
affirmed
by
acceptance
;
and
agreed
that
such
a
Forfeiture
doth
not
bind
an
Infant
.
What
Alienation
shall
be
a
Forfeiture
,
and
what
not
.
Surrender
by
a
Tenant
for
Life
to
the
Use
of
another
in
Fee
,
is
no
Forfeiture
,
Moor
,
n.
983.
Oldcot's
Case
.
If
Tenant
for
Life
of
a
Copy-hold
suffer
a
Recovery
,
as
Tenant
in
Fee
,
this
is
no
Forfeiture
of
his
Estate
,
for
the
Free-hold
is
concerned
;
and
it
is
in
a
Court
Baron
where
there
is
no
Estoppel
,
Mod.
Rep.
199.
Bird
and
Kick
200.
If
he
make
a
Deed
of
feoffment
and
no
Livery
,
it
s
not
a
Forfeiture
;
nothing
passeth
,
and
so
it
s
no
alienation
;
aliter
of
a
Lease
,
Quaere
,
if
the
Feoffment
be
with
Letter
of
Attorny
,
Co.
Lit.
59.
Of
Forfeitures
by
Waste
.
If
a
Copy-holder
erect
a
new
House
upon
his
Copy-hold
without
Licence
,
Rolls
Abr.
507.
Cecil
and
Cave
.
Dodredge
,
Lach.
p.
123.
in
Grey's
Case
.
If
a
Copy-holder
build
an
House
upon
his
Copy-hold
,
and
after
pulls
it
down
again
,
this
is
a
Forfeiture
,
1
Bulst
.
50.
Brook
and
Bear
.
Where
the
Lord
hath
any
other
recompence
,
the
Law
will
not
make
any
Forfeiture
,
as
Custom
to
amerce
or
fine
for
Hedges
Inclosing
,
Lit.
Rep.
267.
in
Paston
and
Utbert's
Case
.
If
a
Copy-holder
commits
waste
against
the
Custom
of
the
Manor
,
it
is
a
Forfeiture
,
4
Rep.
27.
Clifton's
Case
.
Voluntary
waste
is
a
Forfeiture
of
the
Copy-hold
,
by
the
Common
Law
;
Per
Anderson
and
Walmsly
,
Noy
p.
51.
in
Farmer
and
Ward's
Case
,
Vide
infra
,
Co.
Lit.
63.
a.
If
a
Copy-holder
suffer
the
House
to
decay
and
to
be
wasted
,
this
is
a
Forfeiture
,
1
Rolls
Abr.
508.
Rastal
and
Turnor
:
If
a
Copy-holder
for
Life
cuts
down
Timber
Trees
,
the
Lord
may
take
them
:
Stiles
,
p.
233.
El.
B.
R.
East
and
Harding's
Case
.
So
,
if
he
cut
down
two
great
Trees
for
that
purpose
,
and
only
employ
one
of
them
,
yet
this
is
not
any
Forfeiture
,
for
a
man
cannot
precisely
know
what
is
sufficient
,
ibid.
But
if
he
lets
them
lye
,
and
suffers
them
to
rot
,
this
is
a
Forfeiture
.
If
a
Copy-holder
for
Life
cuts
down
great
Trees
,
this
is
a
Forfeiture
,
and
if
a
Custom
for
so
doing
is
alledged
,
it
is
unreasonable
and
not
good
,
Cro
Car.
220.
Rockey
and
Higgins
.
If
a
Copy-holder
fell
Trees
,
it
s
no
Forfeiture
,
because
it
may
be
for
the
reparation
of
the
House
;
but
an
act
afterwards
,
as
selling
them
,
may
cause
a
Forfeiture
,
9
Rep.
76.
Cro.
El.
361.
Drawbridge
and
Cox
.
Dodderidge
put
the
Question
in
Cornwallis's
Case
,
227.
If
Tenant
permit
waste
,
and
after
repair
,
may
the
Lord
enter
?
Per
Hicham
,
it
was
once
a
Forfeiture
and
so
remains
.
If
the
Lord
grant
to
his
Copy-holder
the
Trees
growing
upon
the
Land
,
and
which
afterwards
shall
grow
,
and
that
it
shall
be
lawful
for
the
Tenant
to
cut
and
carry
them
away
;
The
cutting
down
the
Trees
is
no
Forfeiture
of
his
Copy-hold
,
because
he
had
dispensed
with
the
Forfeiture
by
his
Grant
,
but
he
cannot
cut
the
Trees
that
shall
grow
after
,
for
as
to
them
the
Grant
is
void
,
Moor
,
n.
234.
As
to
waste
about
Trees
,
Vide
sub
titulo
Customs
.
If
there
be
no
Custom
to
the
contrary
,
Co.
Lit.
63.
a.
Vide
supra
.
The
manuring
of
Land
to
Hop
Ground
,
was
agreed
to
be
a
Forfeiture
.
If
the
Copy-holder
convert
part
of
the
Land
into
a
Piscary
,
it
s
a
Forfeiture
,
Lit.
Rep.
267
,
268.
in
Paston
and
Utbert's
Case
.
Of
Forfeiture
by
Attainder
of
the
Tenant
.
Custom
of
the
Manor
was
,
if
any
Copy-holder
within
the
Manor
committed
any
Felony
,
and
this
was
presented
by
the
Homage
,
that
the
Lord
may
take
and
seize
the
Land
.
A
Copy-holder
committed
Felony
,
and
this
was
presented
by
the
Homage
,
and
after
the
Copy-holder
was
Indicted
,
and
by
Verdict
Acquitted
,
and
the
Lord
entred
:
Per
Cur.
It
s
a
good
Custom
,
but
they
delivered
no
Opinion
,
whether
the
Lords
Entry
in
this
case
was
lawful
,
though
it
seems
the
Lord
is
concluded
and
he
cannot
enter
;
to
which
purpose
there
is
cited
a
pretty
Case
.
A
man
was
Indicted
as
principal
for
the
death
of
J.
S.
and
another
as
accessary
in
receiving
the
principal
,
after
the
principal
was
Outlawed
,
and
the
accessary
hang'd
,
and
the
Lord
seized
the
Land
of
the
accessary
as
Escheat
.
Afterwards
came
the
principal
and
reversed
the
Outlawry
,
and
was
found
Not
Guilty
,
and
the
Heir
of
him
which
was
hang'd
entred
upon
the
Lord
;
adjudged
,
inasmuch
as
there
cannot
be
an
accessary
unless
there
be
a
principal
,
that
the
Entry
of
the
Heir
was
lawful
,
2
Brownl.
217.
Gittins
and
Cooper
;
So
it
s
a
good
Custom
in
1
Leon.
p.
1.
Burnford
and
Packington
.
Copy-holder
for
Life
was
arraigned
for
Felony
and
convicted
,
and
prayed
his
Clergy
,
whereupon
the
Plaintiff
,
as
Lord
,
entred
for
the
Forfeiture
,
without
alledging
any
special
Custom
or
Attainder
,
Q.
2
Keb.
451
,
456.
Jury
and
Pawlet
.
Of
other
acts
which
are
Forfeitures
.
If
a
Copy-holder
forgeth
a
Customary
,
containing
divers
false
Customs
,
and
pretending
them
to
be
true
Customs
;
Quaere
,
if
this
be
a
Forfeiture
,
3
Leon.
107
,
108.
Tavernor
and
Cromwel
.
Per
Cur.
Inclosure
is
no
Forfeiture
,
Paston
and
Utbert
,
5
Car.
1.
Hutton
,
p.
102.
Lit.
Rep.
246.
mesme
Case
.
Rolls
Rep.
48.
in
the
case
of
Warn
and
Sawyer
.
Hetly
,
p.
7
,
8.
The
manuring
of
Land
to
Hop
Ground
,
was
agreed
to
be
a
Forfeiture
.
If
Doal
Marks
are
about
a
Copy-hold
,
and
the
Copy-holder
makes
such
Ditches
that
he
defaceth
the
Doal
Marks
,
this
may
be
a
Forfeiture
,
for
in
time
it
may
prove
to
the
disheritance
and
loss
of
the
Copy-hold
.
What
Acts
of
the
Husband
shall
forfeit
the
Wives
Land
or
not
.
Feme
Copy-holder
of
Inheritance
takes
Husband
,
Husband
makes
a
Lease
for
years
;
Denial
of
Rent
by
the
Husband
shall
be
a
Forfeiture
against
the
Wife
,
and
so
shall
waste
.
If
a
Feme
Copy-holder
pur
vie
,
A
Feme
Copy-holder
takes
an
Husband
,
who
lets
the
Land
for
more
years
than
the
Custom
doth
warrant
;
it
is
Quaere
,
whether
this
shall
bind
the
Wife
,
as
a
condition
in
Law
,
Per
Wray
.
If
the
Husband
deny
to
pay
the
Rent
,
or
to
do
Suit
of
Court
,
these
are
present
Forfeitures
which
shall
bind
the
Wife
,
for
they
are
things
that
the
Lord
must
of
necessity
have
;
but
Quaere
,
of
the
Lease
,
saith
the
Book
,
Cro.
El.
149.
Hedd
and
Challener
:
But
it
hath
been
resolved
ut
supra
,
in
Savern's
Case
.
Who
shall
take
advantage
or
enter
for
a
Forfeiture
,
and
of
what
Forfeitures
or
not
.
Moor
,
n.
508.
Jac.
B.
C.
Rowls
and
Mason
.
Lessee
for
years
shall
take
advantage
of
a
Forfeiture
by
waste
,
after
his
Lease
,
made
,
and
before
the
commencement
of
his
Term
,
Moor
,
n.
508.
If
the
Lord
of
a
Manor
,
in
which
are
Copy-holders
,
Tenants
of
the
Manor
,
and
the
Lord
grant
to
a
Stranger
the
Free-hold
of
a
Copy-hold
in
Fee
,
although
by
this
his
Tenement
is
divided
from
the
Manor
,
and
not
demisable
per
Copy
again
;
yet
the
Grantee
of
the
Free-hold
shall
take
advantage
of
a
Forfeiture
committed
after
by
the
Copy-holder
,
for
he
ought
to
pay
his
Rent
to
the
Grantee
.
So
in
this
case
,
if
the
Grantee
of
the
Frank-Tenement
make
a
Lease
for
years
of
the
Frank-Tenement
,
this
Lessee
for
years
shall
take
advantage
of
a
Forfeiture
committed
after
by
the
Copy-holder
,
for
that
he
is
Dominus
pro
tempore
,
1
Rolls
Abr.
509.
East
and
Harding
,
Cro.
El.
499.
mesme
Case
.
For
Copy-holder
as
to
the
Forfeiture
of
his
Estate
,
remains
in
all
degrees
as
before
the
severance
thereof
from
the
Manor
.
If
a
Copy-holder
makes
a
Lease
for
years
,
Owen
,
p.
63.
Pen
and
Merival
:
But
If
the
Lord
of
a
Copy-holder
for
Life
,
Rolls
Abr.
858.
Mere
and
Ridealt
.
Where
the
Lord
shall
take
advantage
before
Presentment
,
or
not
.
Cro.
El.
p.
499.
in
East
and
Harding's
Case
.
And
therefore
the
distinction
of
Coke's
Copy-holder
is
frivolous
(
except
the
Custom
is
so
)
though
as
for
those
Offences
which
by
common
presumption
the
Lord
himself
cannot
have
notice
without
notice
given
,
are
usually
presented
,
as
if
a
Copy-holder
commit
Felony
or
Treason
,
or
be
Outlawed
or
excommunicate
,
a
Presentment
seems
necessary
that
the
Lord
may
have
the
profits
of
his
Copy-hold
Land
.
So
if
a
Copy-holder
alien
by
Deed
,
or
do
a
thing
notorious
(
as
cutting
down
and
selling
of
Trees
of
the
Copy-hold
Land
by
the
Tenant
,
)
it
s
not
material
whether
it
be
presented
by
the
homage
or
not
,
3
Keb.
641.
Pascal
and
Wood's
Case
.
The
presentment
is
to
give
notice
to
the
Lord
,
and
not
to
intitle
him
,
and
he
may
take
notice
if
he
will
,
Lach.
p.
227.
Where
and
in
what
Cases
the
Forfeiture
of
one
Copy-hold
is
the
Forfeiture
of
another
,
and
where
and
in
what
Cases
not
,
as
to
Estate
or
persons
.
Divers
Copy-holds
were
granted
by
one
Copy
,
and
several
Habendums
,
and
several
Reddendums
for
every
of
them
,
Per
Cur.
they
are
as
several
Grants
and
several
Copies
,
and
the
Forfeiture
of
the
one
is
not
the
Forfeiture
of
the
other
,
Cro.
El.
p.
353.
Tavernor
and
Cromwel
,
24
Rep.
14.
mesme
Case
.
It
s
not
material
if
the
Copy-hold
be
in
one
or
several
Copies
,
but
if
the
Tenure
be
one
or
several
.
If
a
Copy-holder
make
a
Feoffment
of
one
Acre
of
Land
,
parcel
of
his
Copy-hold
,
all
the
Copy-hold
is
not
forfeited
by
this
,
but
only
this
Acre
,
p.
41.
El.
B.
R.
Fuller
and
Terry
.
But
if
a
Copy-holder
cuts
down
a
Tree
which
grows
upon
one
Acre
of
Land
,
parcel
of
his
Copy-hold
,
this
is
a
Forfeiture
of
all
his
Copy-hold
;
for
that
the
Trees
are
to
be
employed
in
Buildings
and
Reparation
of
the
Houses
and
Copy-hold
,
and
therefore
by
the
making
of
waste
all
the
Copy-hold
is
empaired
,
So
3
Keb.
641.
Pascal
and
Wood.
If
divers
Copy-holds
Escheat
to
the
Lord
,
and
he
re-grants
them
to
another
,
Tenendum
per
Antiqua
Servitia
,
&c.
they
shall
be
severally
held
as
they
were
before
the
Escheat
,
4
Rep.
27.
And
the
Fines
shall
be
several
,
as
Hubart
and
Hamond's
Case
,
4
Rep.
28.
and
consequently
the
Forfeitures
.
Tenant
for
Life
,
El.
B.
R
Rastal
and
Turner
.
But
the
Lord
shall
hold
it
during
the
Life
of
Tenant
for
Life
.
So
Custom
is
,
upon
Surrender
made
to
one
and
his
Heirs
,
if
three
Proclamations
pass
,
and
he
doth
not
come
in
to
be
Admitted
,
that
the
Estate
shall
be
forfeit
.
Yel
.
p.
1.
Baspool
and
Lond.
For
the
Estates
of
A.
and
B.
are
divided
Estates
,
and
the
Custom
shall
be
intended
of
an
entire
Fee-simple
given
to
one
person
,
and
the
Custom
being
to
bar
an
Estate
,
shall
be
taken
strictly
.
It
is
made
a
Quaery
in
that
Case
of
Yelverton
,
If
such
a
Surrender
be
made
to
A.
and
B.
and
their
Heirs
,
and
A.
comes
within
the
time
of
the
Proclamations
,
and
B.
not
,
if
A.
shall
have
all
,
or
that
a
moiety
shall
be
forfeit
?
I
conceive
a
moiety
shall
be
forfeit
to
the
Lord
,
as
being
Joynt-Tenants
.
But
Quaere
farther
of
Co-partners
in
such
case
who
are
but
one
Heir
,
Cro.
El.
879.
mesme
Case
.
Rolls
Abr.
509.
White
and
Hunt
.
If
a
Woman
Copy-holder
takes
Husband
,
and
the
Husband
makes
a
Lease
for
years
,
although
the
Lord
enters
for
the
Forfeiture
,
yet
after
the
death
of
the
Husband
,
this
is
no
Forfeiture
to
the
Wife
,
but
that
she
may
well
enter
,
Rolls
Abr.
509.
Cro.
Car.
7.
Savern
and
Smith's
Case
.
But
if
the
Husband
seized
of
a
Copy-hold
in
right
of
the
Wife
,
do
waste
,
this
Forfeiture
shall
bind
the
Wife
after
the
death
of
the
Husband
,
for
this
act
was
not
any
wrong
to
the
Wife
,
but
lawful
as
to
her
,
and
only
a
wrong
to
the
Lord
,
4
Rep.
27.
Note
the
difference
.
Copy-hold
is
demised
to
two
for
Life
successive
,
pur
vit
,
is
a
Forfeiture
of
the
Remainder
for
Life
.
where
the
Custom
is
they
may
not
cut
Trees
;
the
first
Tenant
cuts
,
it
s
a
Forfeiture
of
him
in
Remainder
,
as
well
as
of
his
own
Estate
;
if
a
Stranger
cuts
Trees
,
or
another
who
occupies
at
their
sufferance
,
this
is
a
Forfeiture
of
the
Copy-hold
,
Moor
149.
but
Quaery
of
the
last
.
What
is
a
dispensation
of
a
Forfeiture
,
or
what
acceptance
or
act
shall
purge
a
Forfeiture
or
not
.
The
admittance
of
an
Heir
of
a
Copy-holder
by
a
Dominus
pro
tempore
,
Admission
by
the
Lord
dispenseth
with
a
former
Forfeiture
,
Tothil
107.
Clerk
and
Wentworth
.
Aliter
had
the
Lord
seized
an
Herriot
.
And
yet
if
the
Father
commits
a
Ferfeiture
and
dyeth
,
and
the
Son
is
admitted
as
Heir
by
descent
,
this
purgeth
not
the
Forfeiture
,
because
the
Father
dying
seized
of
no
Estate
,
the
Son
cannot
be
admitted
to
any
,
Tothil
,
p.
107.
If
the
Tenant
be
amerced
,
If
a
man
comes
into
a
Copy-hold
tortiously
,
Per
Cur.
in
Ejectment
,
this
being
the
Defendants
Evidence
.
Justification
for
Harriot
Service
or
Seisin
of
Ancestor
,
is
an
acceptance
of
Heir
as
Tenant
,
and
purgeth
the
Forfeiture
;
contra
on
Acceptance
,
Justication
or
Avowry
for
Harriot
Custom
;
but
now
there
being
an
actual
Entry
in
the
Life-time
of
the
Ancestor
by
the
Lord
for
the
Forfeiture
,
no
acceptance
after
will
purge
it
,
3
Keb.
641.
Pascal
and
Wood.
Moor
,
n.
508.
is
contra
.
If
a
Copy-holder
cut
down
Trees
without
a
Custom
,
it
is
a
Forfeiture
,
unless
it
be
for
Reparation
.
Note
,
The
Repairing
with
Timber
,
though
after
five
years
cut
,
and
after
Action
brought
,
is
a
dispensation
of
the
Forfeiture
.
Owen
,
p.
63.
Pen
and
Merival
.
So
the
difference
is
,
when
the
Lord
enters
or
not
,
and
also
whether
the
Forfeiture
be
committed
before
the
Lords
feoffment
,
&c.
or
after
.
Whether
Forfeiteres
in
the
time
of
the
Ancestors
of
the
Lord
shall
descend
to
the
Heir
.
Copy-holder
doth
waste
,
the
Lord
dyes
,
Per
Dodderidge
,
Actions
ancestrel
shall
descend
to
the
Heir
,
but
not
Forfeitures
,
which
is
in
the
Will
of
the
Lord
to
take
advantage
or
not
,
Palmers
Rep.
416.
Cornwallis
and
Hammond
,
18
Eliz.
in
Harpers
Rep.
cited
by
Lach.
p.
227.
in
Cornwallis's
Case
.
The
Case
was
,
Lord
and
two
Co-partners
,
Copy-holders
,
the
one
makes
a
Feoffment
,
and
the
Lord
makes
a
Lease
of
the
Manor
,
the
Lessee
shall
not
take
advantage
of
this
Forfeiture
,
because
he
is
not
privy
to
the
Title
;
but
if
the
Lessor
dyes
,
it
was
agreed
the
Heir
should
take
advantage
of
it
.
Ideo
Quaere
.
It
s
a
mischievous
Case
if
the
Lord
should
be
suffered
to
rake
up
old
Forfeitures
,
a
long
time
past
,
and
yet
on
the
other
side
there
is
no
reason
that
the
Lords
should
be
abridged
of
their
Rights
.
And
it
s
adjudged
2
Siderfin
,
p.
8.
Chamberlain
and
Drake's
Case
,
That
the
succeeding
Lord
shall
not
take
advantage
of
waste
made
in
the
time
of
the
preceeding
Lord
.
Upon
Entry
for
a
Forfeiture
,
who
shall
have
the
Emblements
.
Upon
Entry
by
the
Lord
for
a
Forfeiture
,
he
shall
have
the
Emblements
then
growing
,
as
if
a
Feme
Copy-holder
durante
viduitate
,
sows
the
Land
,
and
before
severance
takes
a
Husband
,
the
Lord
shall
have
the
Emblements
,
for
her
own
act
is
the
cause
of
the
determination
of
the
Estate
:
If
such
Woman
let
for
years
and
the
Lessee
sows
the
Land
,
and
after
the
Widow
takes
Husband
,
the
Lessee
shall
not
have
the
Emblements
,
for
although
his
Estate
is
determined
by
the
act
of
a
Stranger
,
yet
(
as
to
the
first
Lessor
)
he
shall
not
be
in
better
case
than
his
Lessor
was
,
5
Rep.
Oland's
Case
,
Vide
Emblements
.
The
Lords
Remedy
for
a
Forfeiture
.
For
Forfeitures
presented
by
the
homage
,
the
Lord
may
distrain
or
seize
,
1
Keb.
287.
Pateson
and
Danges
.
By
Entry
,
the
Lord
shall
have
the
Emblements
.
CAP.
XXIII
.
Of
extinguishment
of
Copy-holds
.
How
they
are
destroyed
by
the
act
of
the
Lord
,
or
of
the
Copy-holder
.
Where
and
how
a
Right
to
a
Copy-hold
shall
be
Estopped
,
or
Extinguished
by
Acceptance
or
Release
.
Where
a
Copy-hold
shall
be
suspended
,
and
where
it
may
be
regranted
.
Where
and
by
what
acts
a
Copy-hold
shall
grow
extinct
and
destroyed
for
ever
,
and
where
not
,
and
to
what
purposes
and
to
what
not
.
By
the
act
of
the
-
Lord
,
-
Copy-holder
.
BY
the
act
of
the
Lord
.
And
here
observe
two
Rules
.
By
the
severance
of
the
Inheritance
of
the
Copy-hold
from
the
Manor
,
the
Copy-hold
is
not
destroyed
,
for
though
the
Copy-hold
must
be
parcel
of
the
Manor
;
yet
severance
made
by
the
Lord
shall
not
destroy
the
Estate
of
the
Copy-holder
,
Custom
has
so
fixt
and
established
his
Estate
.
In
all
cases
where
the
Copy-hold
is
gone
by
the
Grant
of
the
Reversion
;
it
is
not
so
gone
but
that
the
Tenant
shall
hold
his
Estate
still
,
and
subject
to
Forfeiture
as
before
.
To
Illustrate
this
,
I
shall
cite
two
or
three
Cases
.
That
the
Lords
act
shall
not
prejudice
the
Copy-holders
Estate
.
If
the
Lord
makes
a
Lease
for
an
hundred
years
,
the
Lands
are
not
so
severed
from
the
Manor
,
as
that
the
Copy-hold
is
extinct
,
and
the
customary
Interest
is
not
determined
,
but
the
Lord
himself
hath
destroyed
the
Custom
as
to
the
Services
;
for
the
Services
reserved
upon
the
Copy
,
The
Lord
Grants
an
ancient
Copy-hold
to
S.
in
Fee
,
and
after
he
grants
the
Inheritance
of
that
Copy-hold
to
a
Stranger
in
Fee
.
S.
makes
his
Will
,
and
deviseth
it
to
M.
in
Fee
,
which
was
surrendred
at
next
Court
.
Per
Cur.
1.
In
Lee
and
Boothby's
Case
,
Cro.
Car.
521.
The
Question
was
,
If
a
Copy-holder
in
Fee
surrender
to
the
Lord
of
the
Manor
his
Copy-hold
Estate
,
and
the
Lord
makes
a
Lease
for
years
of
the
Manor
,
and
of
the
said
Copy-hold
,
by
the
name
of
his
Tenement
called
H.
whether
it
was
a
determination
of
his
Copy-hold
?
Per
Curiam
,
it
is
not
,
because
when
he
lets
the
Manor
,
it
is
included
as
parcel
of
the
Manor
;
the
Manor
being
demised
includes
the
Copy-hold
as
parcel
of
the
Manor
,
and
the
naming
of
the
Copy-hold
is
surplusage
:
But
if
he
(
though
he
had
been
but
Dominus
pro
tempore
,
or
for
half
a
year
,
though
by
parol
)
had
made
a
Lease
for
years
of
the
Copy-hold
by
it self
,
that
had
destroyed
the
Copy-hold
,
for
it
was
then
during
that
time
severed
from
the
Manor
,
and
so
could
never
after
be
demised
by
Copy
.
Lease
for
years
of
a
particular
Copy-hold
by
name
,
together
with
the
Manor
,
by
the
King
,
hath
not
so
extinguished
that
the
Copy-hold
(
though
by
the
surrender
of
it
,
it
is
parcel
of
the
Manor
in
the
King
)
but
that
after
such
Lease
the
Patentee
of
the
Reversion
may
regrant
it
as
Copy-hold
,
1
Keb.
720.
J.
S.
a
Stranger
,
and
his
Heirs
,
during
the
Life
of
A.
Remainder
to
B.
the
Wife
of
A.
for
Life
,
Remainder
to
A.
and
after
A.
grants
the
Remainder
to
W.
his
Son
;
after
this
,
B.
the
Wife
of
A.
dyes
,
and
A.
marries
C.
and
dyes
seized
;
now
though
here
appears
the
Copy-holders
privity
and
consent
,
in
that
he
takes
the
Remainder
in
Fee
,
and
grants
it
over
to
his
Son
,
that
it
should
be
destroyed
,
and
though
this
Copy-hold
Estate
was
destroyed
before
her
marriage
,
yet
the
viduity
of
C.
is
not
extinguished
,
for
the
Freehold
being
in
J.
S.
during
the
Life
of
A.
the
Estate
of
A.
was
not
so
extinct
,
but
the
Custom
shall
continue
quoad
her
.
The
Copy-hold
Estate
here
remains
,
notwithstanding
the
severance
from
the
Free-hold
;
and
though
the
Remainder
was
in
him
,
and
he
granted
it
over
,
yet
he
lived
and
dyed
a
Copy-holder
;
Hobart
,
p.
181.
Howard
and
Bartlet
,
1
Rolls
Abr.
510.
Cro.
Jac.
573.
the
same
Case
by
the
name
of
Waldee
and
Bartlet
.
Copy-holder
in
Tayl
accepts
a
Feoffment
from
the
Lord
,
it
destroys
not
the
Copy-hold
so
as
to
conclude
his
Issue
,
Carters
Rep.
6
,
7.
2.
By
the
act
of
the
Copy-holder
.
If
a
Copy-holder
accept
a
Lease
for
years
of
his
Copy-hold
,
Per
Cur.
by
the
acceptance
of
the
Term
by
the
Copy-holder
,
the
Copy-hold
Estate
was
determined
,
as
well
as
if
the
Copy-holder
had
immediately
accepted
a
Lease
for
years
of
his
Copy-hold
;
Vide
mesme
Case
in
Anderson
1
Rep.
191.
and
1
Leon.
170.
So
it
was
resolved
in
Hide
and
Newport's
Case
.
A
Copy-holder
in
Fee
took
a
Lease
for
years
,
of
the
Manor
,
the
Copy-hold
is
extinct
for
ever
,
and
not
only
during
the
Lease
,
Moor
Rep.
n.
330.
If
a
Copy-holder
takes
a
Lease
for
years
of
the
Manor
,
by
this
his
Copy-hold
is
destroyed
,
4
Rep.
21.
French's
Case
:
But
such
Lessee
may
re-grant
the
Copy-hold
to
whom
he
will
,
for
the
Land
was
always
demised
and
demisable
.
If
the
Lord
make
a
Lease
for
Life
to
the
Copy-holder
by
parol
,
this
shall
confound
the
Copy-hold
,
if
Livery
be
made
,
otherwise
not
,
Latch
.
213.
If
there
be
a
Lease
for
years
,
of
the
Manor
,
and
one
of
the
Copy-holders
doth
purchase
the
Reversion
in
Fee
,
by
this
the
Copy-hold
is
destroyed
,
and
the
Lessee
of
the
Manor
shall
oust
the
Copy-holder
,
and
hold
the
Land
for
the
time
,
Calth
.
p.
97.
By
the
Tenants
Release
to
the
Lord
.
Hutton
,
p.
81.
Cro.
Eliz.
21.
For
if
a
Copy-holder
is
ousted
and
so
the
Lord
is
disseised
,
and
the
Copy-holder
releaseth
all
his
right
to
the
disseisor
,
and
dyes
,
his
Heir
Enters
and
brings
an
Action
of
Trespass
against
the
disseisor
,
who
pleads
his
Frank-tenement
.
Per
Cur.
the
Release
is
void
,
the
disseisor
not
being
admitted
Copy-holder
.
It
hath
been
a
Question
,
when
a
Copy-holder
bargains
and
sells
his
Copy-hold
to
the
Lord
of
a
Manor
,
in
Lease
for
years
,
whether
the
Copyhold
Estate
was
extinguished
.
But
in
Hutton
,
p.
81.
it
is
agreed
that
this
Copy-hold
is
not
extinguished
;
but
that
the
Lord
,
who
is
Lessee
for
years
,
is
Dominus
pro
tempore
,
and
may
grant
it
by
Copy
,
de
novo
.
The
Lord
of
a
Manor
demised
Copy-hold
Lands
to
three
Sisters
,
Habend
.
to
them
for
their
Lives
successive
;
the
eldest
Sister
married
one
C.
after
which
,
the
Lord
by
Indenture
leased
the
same
Land
to
the
eldest
Sister
,
the
Remainder
to
the
Husband
,
Remainder
to
the
second
Sister
,
and
no
Agreement
was
made
thereunto
by
the
second
Sister
by
Deed
,
before
or
after
making
the
said
Indenture
;
but
four
days
after
the
Lease
made
she
agreed
to
it
in
pais
,
and
then
married
a
Husband
,
Per
Cur.
it
s
no
extinguishment
in
the
second
Sister
;
and
yet
Judgment
was
against
her
;
for
Per
Gaudy
,
none
can
take
advantage
of
the
eldest
Sister's
Estate
being
determined
;
the
Lord
against
his
Lease
cannot
enter
or
claim
;
and
the
second
Sister
cannot
enter
during
the
Life
of
the
eldest
Sister
,
for
her
Remainder
takes
effect
in
possession
after
the
death
of
her
said
Sister
,
1
Leon.
p.
73.
Curtis
and
Cottell's
Case
,
28
Eliz.
Trin.
B.
R.
By
acceptance
of
a
new
Estate
of
Free-hold
.
Baron
and
Feme
Copy-holders
,
to
them
and
their
Heirs
;
the
Baron
,
in
consideration
of
mony
paid
by
him
to
the
Lord
,
obtaineth
an
Estate
of
the
Freehold
,
to
him
and
his
Wife
,
and
to
the
Heirs
of
their
Bodies
.
Baron
dieth
,
having
Issue
;
the
Feme
enters
and
suffers
a
Recovery
,
and
his
Heir
enters
,
Per
Statute
11
H.
7.
Per
Cur.
the
Entry
is
lawful
,
for
the
Copy-hold
by
the
Acceptance
of
the
new
Estate
was
extinguished
,
Cro.
El.
24.
Stockbridge's
Case
.
Where
and
how
Right
to
a
Copy-hold
shall
be
Extinguished
by
Release
.
A
man
makes
a
Surrender
of
his
Copy-hold
Land
to
J.
S.
which
is
not
good
;
and
after
J.
S.
is
admitted
;
he
which
made
the
Surrender
releaseth
to
him
being
in
possession
,
and
after
enters
upon
him
.
The
Question
was
,
if
his
Entry
be
congeable
,
and
if
by
the
Release
by
Deed
,
the
customary
Right
of
the
Copy-holder
was
extinct
?
And
Per
Cur.
it
is
extinct
by
the
Release
;
for
he
to
whom
the
Release
was
made
,
was
Copy-holder
in
possession
,
and
admitted
to
the
Tenements
,
and
therefore
the
Release
of
a
customary
right
may
enure
to
him
,
and
the
Lord
hath
no
prejudice
;
for
he
hath
received
his
Fine
for
Admittance
;
and
he
to
whom
the
Release
is
made
,
is
in
by
Title
,
(
viz.
)
by
Admittance
of
the
Lord
,
and
so
this
Release
enures
by
way
of
extinguishment
.
And
there
is
great
difference
between
transferring
of
an
Estate
,
and
an
extinguishment
of
a
Right
:
per
Tort
,
there
his
Release
to
the
disseisor
,
or
other
wrong
doer
,
does
not
transfer
his
Right
or
Bar
him
.
1.
Because
there
is
no
customary
Estate
,
upon
which
a
Release
of
any
customary
Right
may
enure
;
and
then
2.
It
would
be
a
prejudice
to
the
Lord
,
who
would
lose
his
Fines
and
Services
,
Co.
4
Rep.
25.
b.
Kite
and
Queinton
.
In
Replevin
,
bar
to
the
Conisance
,
That
K.D.
was
seized
of
the
Manor
of
R.
in
Fee
,
and
that
the
Tenements
in
which
,
&c.
were
customary
held
of
the
said
Manor
,
and
that
at
such
a
Court
a
Copy
was
granted
to
the
Plaintiff
,
whereby
he
entred
and
put
in
his
Beasts
.
The
Defendant
protesting
the
Premisses
were
not
customary
;
for
Plea
saith
,
That
(
before
the
Plaintiffs
Title
)
J.
Abbot
of
the
Monastery
of
B.
was
seized
of
the
Manor
of
R.
&c.
and
one
R.
T.
being
seized
of
the
customary
Lands
,
in
which
,
&c.
in
Fee
,
at
the
will
of
the
Lord
,
the
said
R.
surrendred
to
the
Abbot
,
who
was
possessed
and
occupied
the
said
Premisses
for
divers
years
,
and
afterwards
demised
the
said
Manor
for
40
years
to
W.
M.
and
then
surrendred
the
entire
Manor
and
Abbathy
to
H.
8.
who
granted
the
entire
Manor
to
the
Duke
of
Norfolk
in
Fee
,
and
he
,
with
the
assent
of
the
Termor
,
made
a
Feoffment
to
Drury
of
the
Manor
,
to
whom
the
Termor
surrendred
his
Lease
;
Drury
dyes
,
and
it
descends
to
his
Heir
,
who
granted
the
Land
,
in
which
,
&c.
again
by
Copy
to
Tillot
,
for
his
Life
,
who
entred
and
put
in
his
Beasts
.
Demurrer
.
The
Question
was
,
if
the
Custom
is
destroyed
,
or
if
Drury
the
Defendant
may
avoid
his
Grant
by
Copy
?
Note
,
The
custumary
Land
was
never
severed
from
the
Manor
,
but
granted
with
the
Manor
,
as
part
of
it
,
and
was
demisable
by
Copy
,
by
all
the
Lords
of
the
Manor
,
and
so
it
remained
till
the
15th
of
Eliz.
when
the
Defendant
granted
the
Copy
to
the
Plaintiff
,
Winch
Ent.
991
,
992.
Where
a
Copy-hold
shall
be
perpetually
extinct
,
or
where
it
shall
after
become
a
Copy-hold
by
regrant
.
Lach
,
p.
213.
1
Rolls
Abr.
498.
Downcliff
and
Minors
.
So
if
the
interruption
be
tortious
,
as
if
the
Lord
be
disseised
,
and
the
disseisor
dye
seized
,
or
the
Land
be
recovered
against
the
Lord
by
false
Verdict
,
or
erroneous
Judgment
,
yet
after
the
Land
recovered
,
or
the
judgment
reversed
,
this
is
grantable
again
by
Copy
.
If
Copy-holder
takes
a
Lease
for
years
of
the
Manor
,
by
this
his
Copy-hold
is
destroyed
;
but
such
Lessee
may
re-grant
the
Copy-hold
again
to
whom
he
will
,
for
the
Land
was
always
demised
or
demisable
.
If
a
Copy-hold
be
surrendred
to
the
Lessor
of
a
Manor
,
or
be
Forfeited
to
him
;
he
,
his
Executors
or
Assigns
may
well
re-grant
it
to
him
again
.
If
a
Copy-hold
Escheat
to
the
Lord
,
If
a
Copy-holder
sue
Execution
of
a
Statute
against
the
Lord
of
a
Manor
,
Per
Manwood
,
Heydon's
Case
,
Savills
Rep.
A
Copy-holder
in
Fee
marries
a
Woman
,
Per
Cur.
by
the
inter-marriage
it
was
only
suspended
,
Cro.
El.
p.
7.
Anonymus
.
If
a
Copy-holder
accept
of
a
Lease
for
years
of
the
Manor
,
or
marry
the
Lords
Wife
,
by
this
the
Copy-hold
is
not
extinct
,
but
suspended
.
If
a
Copy-hold
be
granted
to
three
for
Lives
,
If
Tenant
pur
vie
of
a
Manor
,
let
a
Copy-hold
,
parcel
of
the
Manor
,
for
years
,
and
dyes
,
it
shall
not
destroy
the
Custom
as
to
him
in
Reversion
,
Cro.
El.
P.
38
Eliz.
Conesby
and
Rusketh
;
for
being
Tenant
pur
vie
,
he
may
not
do
wrong
by
destroying
of
Customs
.
King
H.
8.
grants
Lands
,
being
parcel
of
Copy-hold
of
a
Manor
,
without
reciting
this
to
be
Copy-hold
,
to
Sir
J.
G.
pur
vie
,
Sir
J.
G.
morust
.
Queen
Mary
grants
the
Manor
to
Susan
Tenny
in
Fee
,
who
let
the
Manor
for
years
to
Lee.
Lee
,
before
his
years
expired
,
grants
the
Land
in
question
to
R.
L.
in
Fee
,
according
to
the
Custom
of
the
Manor
:
Lee's
years
expire
.
R.
L.
let
to
Field
at
will
,
and
the
Defendant
enters
as
Heir
to
Tenny
.
Judgment
pro
Quer.
It
ought
to
be
demised
and
demisable
,
&c.
yet
this
holds
not
in
the
case
of
the
King
,
2
Siderfin
,
p.
142.
Vide
contra
,
1
Rolls
Abr.
498.
Downcliff
and
Minors
.
Vide
sub
.
Tit.
Grants
by
the
Lord
.
As
to
the
escheating
of
Copy-holds
;
after
escheating
it
cannot
properly
be
called
a
Copy-hold
,
A
Copy-hold
Escheated
may
be
demised
,
notwithstanding
the
Lords
Continuance
of
it
,
in
his
Hands
above
20
years
,
2
Keb.
213.
Pemble
and
Stern
.
Note
,
If
the
Copy-holder
of
a
Manor
hath
had
time
out
of
memory
,
Rolls
Abr.
933.
Empson
and
Williamson
.
CAP.
XXIV
.
How
and
where
Copy-holder
shall
hold
his
Lands
charged
or
not
by
the
Lord
,
or
Copy-holders
,
as
Dowers
,
Rent-charges
,
Statutes
:
And
how
and
where
they
shall
be
avoided
.
THE
Lord
of
a
Manor
(
in
which
were
Copy-holders
for
Lives
)
takes
a
Wife
,
If
Feoffee
of
a
Manor
,
upon
Condition
,
make
voluntary
Grants
of
Copy-hold
Estates
,
according
to
Custom
,
and
after
the
Condition
is
broken
,
Lord
of
a
Manor
(
where
the
Custom
was
of
Land
demisable
,
for
one
,
two
or
three
Lives
,
that
he
that
was
first
named
in
the
Copy
should
enjoy
it
only
for
his
Life
,
and
so
the
second
,
J.
P.
and
E.
and
M.
his
Daughters
for
their
Lives
;
if
the
Lord
had
charged
the
Inheritance
of
the
Copy-hold
,
J.
P.
shall
not
hold
it
charged
during
his
Life
,
for
the
mean
Estates
in
Remainder
preserve
the
Estate
of
J.
P.
by
Copy
from
the
Incumbrances
of
the
Lord
,
9
Rep.
107.
Margaret
Podger's
Case
.
W.
Cordel
for
the
term
of
his
Life
,
and
conveys
the
Manor
to
Sir
W.
Clifton
in
Tayl
,
the
Rent
is
behind
;
Sir
W.
Cordrel
dyes
,
the
Manor
descends
to
Sir
John
Clifton
,
who
grants
a
Copy-hold
to
H.
The
Executors
of
Sir
W.
Cordel
distrain
for
the
Rent
:
Per
Cur.
the
Copy-holder
shall
hold
the
Land
charged
,
2
Leon.
p.
152.
and
109.
Cordel
and
Clifton
.
But
it
hath
been
adjudged
,
That
the
Wife
of
the
Lord
shall
not
be
endowed
against
the
Copy-holder
;
for
the
Title
of
Dower
is
not
consummated
before
the
death
of
the
Husband
,
so
as
the
Title
of
Copy-holder
is
compleated
before
the
Title
of
Dower
;
and
in
this
Case
the
Seisin
and
possession
continues
in
Sir
John
Clifton
,
who
claims
only
by
Sir
William
Clifton
,
who
was
the
Tenant
in
Demesn
,
who
ought
to
pay
the
Rent
.
Lord
and
Copy-holder
for
Life
be
;
the
Lord
grants
a
Rent-charge
out
of
the
Manor
,
de
novo
,
to
hold
the
said
Land
by
Copy
;
this
new
Tenant
shall
hold
the
Land
charged
,
1
Leon.
p.
4.
Lord
of
a
Manor
(
where
Lands
were
dedemisable
for
one
,
two
or
three
Lives
,
)
in
which
Manor
was
a
Custom
,
that
the
Lord
for
the
time
being
,
might
grant
Copy-hold
Estates
for
Life
,
in
Reversion
;
the
Lord
granted
such
Lands
for
Life
,
by
Copy
in
possession
,
took
a
Wife
,
and
granted
the
same
Copy-hold
to
a
Stranger
,
in
Reversion
,
for
Life
,
and
dyed
,
the
Copy-holder
in
possession
dyed
;
this
Land
(
inter
alia
)
is
assigned
to
the
Wife
for
her
Dower
;
Leon.
p.
16.
Cham
and
Dover's
Case
.
In
Cham
and
Dover's
Case
,
is
cited
the
Case
of
Slowman
,
who
being
Lord
of
a
Manor
(
ut
supra
)
by
his
Will
devised
,
That
his
Executors
should
grant
Estates
by
Copy
,
and
dyed
,
having
a
Wife
;
the
Executors
make
Estates
accordingly
;
Leon.
p.
16.
Lord
of
such
a
Manor
is
bound
by
Recognizance
,
de
novo
,
the
new
Grantee
shall
hold
the
Land
discharged
of
the
Recognizance
for
the
Copy-holder
is
in
by
the
Custom
,
which
was
paramount
,
1
Leon.
p.
16.
Rolls
Abr.
669
,
670.
Cannon
and
Turner
.
But
by
Coke
Chief
Justice
.
If
a
Copy-holder
be
of
20
Acres
,
and
the
Lord
grants
Rent
out
of
those
20
Acres
,
in
the
Tenure
or
occupation
of
the
said
Copy-holder
(
and
names
him
)
there
,
if
this
Copy-hold
Escheat
,
and
be
granted
again
,
the
Copy-holder
shall
hold
it
charged
,
for
this
is
now
charged
by
express
words
,
Brownl.
208.
Sammer
and
Force
.
Tenant
by
the
Curtesie
for
Life
or
years
of
a
Manor
;
a
Copy-hold
comes
to
his
Hands
by
Forfeiture
or
Determination
,
and
then
he
was
bound
in
a
Statute
;
Per
Cur.
this
Copy-hold
shall
be
lyable
to
the
Statute
,
because
it
was
once
annexed
to
the
Free-hold
of
the
Lord
,
and
bound
in
his
Hands
:
But
if
a
Copy-holder
bind
himself
in
a
Statute
,
Moor
,
n.
233.
Anonymus
.
Lord
of
a
Manor
being
summoned
upon
a
Jury
,
lose
Issues
,
CAP.
XXV
.
Of
Harriots
.
The
Nature
of
Harriot
Service
and
Harriot
Custom
,
and
of
their
Differences
.
What
Custom
for
Harriots
are
good
or
not
.
Where
they
shall
be
apportioned
,
and
by
whose
acts
.
Who
shall
pay
Harriot
or
not
.
And
the
Pleadings
.
Of
Harriots
.
HArriots
being
one
of
the
ancient
Services
now
most
esteemed
,
and
kept
up
,
and
many
Copy-holds
being
Harriotable
,
I
shall
Treat
of
Harriots
,
chiefly
intending
Harriot
Customs
,
and
so
far
of
Harriot
Services
,
as
to
render
the
whole
Intelligible
.
The
Normans
upon
parcelling
out
their
Lands
to
inferior
Tenants
,
invented
this
Service
,
and
termed
it
Harriot
Service
;
and
afterwards
upon
Infranchisement
of
their
Villains
,
Harriot
Customs
were
given
to
the
Lords
for
a
future
continued
gratulation
,
and
so
originally
they
were
de
gratia
,
but
now
they
are
de
jure
.
It
is
the
best
Beast
(
or
other
thing
)
that
the
Tenant
hath
at
the
time
of
his
death
,
and
this
shall
be
paid
before
a
Mortuary
;
but
the
Lord
if
he
will
may
seize
the
worst
,
and
that
seizure
gives
him
property
,
Hob.
p.
60.16
H.
7.5
.
Co.
Lit.
185.
b.
Harriots
may
be
by
Tenure
,
Custom
,
or
Reservation
,
Plowd
.
Com.
Redsole
and
Mantel
.
There
are
two
sorts
of
Harriots
,
Harriot
-
Service
,
-
Custom
.
And
the
nature
of
them
both
will
be
best
explained
by
these
diversities
.
Harriot
Service
is
generally
exprest
in
a
mans
Grant
or
Deed
,
by
which
it
is
reserved
,
and
is
in
these
words
,
or
to
this
effect
,
ac
etiam
per
servitium
reddendi
post
mortem
cujuslibet
tenentis
deceden
.
seisit
.
optimum
animal
.
&c.
1
Anderson
298
,
299.
Odiam
and
Smith
;
But
Harriot
Custom
is
only
due
by
Custom
time
out
of
mind
,
and
may
be
paid
after
the
death
of
Tenant
for
Life
,
Terms
del
Ley.
Harriot
Service
is
extinct
by
Purchase
of
parcel
,
but
not
Harriot
Custom
,
Co.
Lit.
149.
b.
It
hath
been
made
a
question
in
our
Books
,
whether
the
Lord
may
seize
for
Harriot
Service
,
but
it
is
agreed
he
must
seize
for
Harriot
Custom
,
Plowd.
96.
a.
In
the
Case
of
Woodland
against
Mantel
,
it
is
said
the
Lord
may
seize
for
Harriot
Service
;
but
Anderson
1.
p.
298
,
299.
in
Odiham
and
Smith's
Case
saith
,
he
ought
to
distrain
,
and
not
to
seize
;
so
is
Serjeant
Benlows
p.
18
,
39.
But
the
Law
is
setled
in
Cro.
Car.
260.
Mayor
versus
Brandwood
,
and
that
it
is
at
the
Lords
election
either
to
seize
it
or
distrain
it
if
he
can
find
it
,
though
the
pleading
seem
to
justifie
it
;
for
in
Replevin
if
one
justifie
for
Harriot
Custom
,
it
s
no
Plea
for
the
Plaintiff
to
say
,
that
the
place
where
is
hors
de
son
Fee
,
for
that
he
claims
this
Harriot
as
his
proper
Gopds
,
and
may
seize
it
wherever
he
finds
it
,
Bendl.
p.
18
,
39.
For
the
Lord
may
seize
for
an
Harriot
Custom
in
the
High-way
,
2
Inst.
132.
What
Custom
for
Harriots
shall
be
good
or
not
.
Custom
was
,
That
if
the
best
Beast
be
esloigned
,
then
the
Lord
had
used
to
seize
and
take
the
best
Beast
of
any
other
being
Levant
and
Couchant
upon
the
Land
;
it
s
a
void
and
unreasonable
Custom
:
So
if
it
be
the
Goods
of
any
Inhabitant
or
Dweller
,
Dye
199.
b.
Paxton's
Case
,
Benl
.
p.
39.
bis
.
Co.
Ent.
666.
The
Custom
of
having
an
Harriot
,
whether
the
man
had
Goods
or
not
,
is
a
void
Custom
,
Carter's
Rep.
p.
86.
A
Custom
,
That
the
Lord
shall
seize
the
Beasts
of
a
Stranger
for
an
Harriot
,
it
is
not
good
,
because
it
alters
the
property
;
but
a
Custom
,
That
he
shall
distrain
the
Goods
in
such
Case
,
it
is
good
,
because
it
is
as
a
Pledge
,
2
Leon.
p.
725.
Parker's
Case
.
Where
Harriot
shall
be
apportionable
or
not
.
By
the
Act
of
the
-
Lord
.
-
Tenant
.
Lord
and
Tenant
by
Fealty
and
Harriot
Service
,
and
the
Lord
purchaseth
part
of
the
Land
,
the
Harriot
Service
is
extinct
,
because
it
is
intire
valuable
:
Aliter
,
of
Harriot
Custom
;
for
if
the
Custom
of
a
Manor
be
,
That
upon
the
death
of
every
Tenant
of
the
Manor
that
dyes
seized
of
any
Land
holden
of
the
said
Manor
,
the
Lord
shall
have
an
Harriot
,
although
the
Lord
purchase
parcel
of
the
Tenancy
,
yet
the
Lord
shall
have
an
Harriot
by
the
Custom
of
the
Manor
for
the
residue
,
for
he
remains
Tenant
to
the
Lord
,
and
the
Custom
extends
to
every
Tenant
,
Co.
Lit.
149.
b.
6.
Rep.
1.2
.
Bruerton's
Case
,
8
Rep.
105.
Talbot's
Case
106.
Feme
by
Custom
is
to
have
a
moiety
by
Survivor
;
and
if
Harriot
be
to
be
paid
for
the
whole
,
if
it
be
part
surrendred
,
both
shall
pay
Harriots
,
1
Keb.
356.
Muniface
and
Baker
.
Act
of
the
Tenant
.
If
Tenant
alien
parcel
of
the
Tenancy
,
entire
Services
,
as
Homage
Fealty
,
Harriot
,
&c.
shall
be
multiplied
,
Solida
a
singulis
praestantur
.
If
my
Tenant
who
holds
of
me
by
an
Harriot
,
aliens
parcel
of
his
Land
to
another
,
each
of
them
is
chargable
to
me
with
an
Harriot
,
because
it
is
entire
;
and
though
the
Tenant
purchase
the
Land
back
again
,
I
shall
have
of
him
for
every
portion
an
Harriot
,
6
Rep.
1.
Bruerton's
Case
.
8
Rep.
105.
Talbot's
Case
,
34
Edw.
3.1
.
Copy-hold
was
held
by
Rent
and
Harriot
upon
Alienation
and
Surrender
:
Copy-holder
aliens
parts
of
his
Copyhold
to
one
,
and
part
to
another
,
and
retains
part
in
his
Hands
,
and
surrenders
to
the
Use
of
the
Alienees
.
Per
Cur.
the
Lord
shall
have
an
Harriot
upon
every
alienation
,
in
case
of
a
Copy-holder
,
as
well
as
a
Tenant
at
Common
Law
.
If
they
should
not
be
multiplied
,
it
would
be
in
the
power
of
the
Tenant
to
defraud
the
Lord
by
Alienation
of
parcels
,
and
in
this
case
the
Alienor
pays
the
Harriot
,
because
he
continues
Tenant
,
and
upon
every
Alienation
after
by
the
Alienees
they
shall
pay
it
,
Palmer's
Rep.
342.
Sir
Francis
Snag
against
Fox
,
1
Keb.
357.
If
a
Copy-holder
being
sick
in
his
Bed
doth
surrender
into
the
Hands
of
two
Tenants
,
&c.
to
the
Use
of
his
eldest
Son
in
Fee
,
and
dyeth
before
the
Surrender
is
presented
in
Court
,
the
Lord
must
have
an
Harriot
:
If
Surrender
had
been
presented
in
Court
,
and
Admission
before
the
Father's
death
:
Aliter
If
an
Harriot
is
due
to
the
Lord
upon
every
descent
only
,
and
a
Surrender
is
made
by
a
Copy-holder
unto
the
Use
of
his
Heirs
in
full
Court
,
and
to
his
Heirs
,
and
the
eldest
Son
is
admitted
Tenant
accordingly
,
and
the
Father
dyeth
,
the
Lord
shall
have
no
Harriot
.
Who
shall
pay
an
Harriot
and
when
or
not
.
Where
many
Purchase
Land
joyntly
,
an
Harriot
shall
not
be
paid
till
after
the
death
of
the
Survivor
,
8
Rep.
105.
If
by
Custom
a
Copy-holder
dyes
seized
,
he
shall
pay
an
Harriot
to
the
Lord
,
and
after
the
Copy-holder
is
disseised
,
and
dyes
during
the
disseisin
,
yet
he
shall
pay
an
Harriot
within
this
Custom
,
for
he
was
Tenant
in
right
,
notwithstanding
this
disseisin
,
2
Rolls
Abr.
72.
Norris's
Case
.
Lease
is
made
to
A.
for
99
years
,
if
B.
C.
and
D.
or
any
of
them
so
long
shall
live
,
to
commence
after
the
determination
of
a
former
Lease
,
rendring
Rent
after
the
commencement
of
the
term
,
ac
etiam
post
mortem
B.
C.
&
D.
respective
for
an
Harriot
3
l.
B.
dyes
before
determination
of
the
first
term
,
and
Lessor
brings
det
.
for
3
l.
for
an
Harriot
:
Per
Cur.
no
Harriot
is
due
,
because
coupled
with
a
Rent
,
and
no
Rent
is
due
during
the
interesse
termini
,
but
both
begin
together
,
Siderfin
,
p.
437.
Hangon
and
Carve
.
Lease
is
made
for
99
years
,
if
I.
and
S.
live
so
long
,
to
commence
after
the
determination
of
a
former
Lease
to
Sibel
,
if
Sibel
lived
so
long
,
reddendo
40
s.
per
annum
,
and
3
l.
in
the
name
of
an
Harriot
,
post
mortem
of
each
Cesty
que
vie
.
Per
Cur.
the
Harriot
ought
not
to
be
paid
till
the
Lease
come
in
possession
,
which
is
not
till
Sibel
dye
,
at
which
time
the
second
Lease
takes
effect
,
and
this
shall
follow
the
nature
of
the
Rent
,
being
in
company
with
such
Rents
and
Services
as
are
to
be
only
done
when
the
Lease
comes
in
possession
;
and
the
Lease
to
Lessee
for
99
years
,
is
but
a
future
Interest
,
where
the
Lessor
hath
no
Reversion
,
nor
the
Lessee
any
term
,
and
reddendo
is
a
reservation
,
and
therefore
cannot
take
effect
till
there
is
a
Reversion
;
but
Keeling
contra
,
this
being
a
sum
in
gross
,
and
here
is
an
express
agreement
to
pay
after
the
death
of
either
of
the
Parties
,
and
agreements
may
reach
payments
as
well
on
contingency
,
as
where
the
Party
hath
Interest
,
1
Keb.
677.
Lemal
against
Cara.
Who
shall
have
an
Harriot
.
A.
is
Copy-holder
for
Life
,
of
Lands
Harriotable
by
the
Custom
if
he
dye
seized
,
and
the
Lord
grants
the
Freehold
of
the
Copy-hold
to
B.
for
99
years
,
if
A.
the
Copy-holder
so
long
live
;
the
Remainder
to
A.
for
1000
years
,
and
afterwards
A.
assigns
over
his
Lease
of
1000
years
to
C.
and
afterwards
A.
makes
F.
his
Executor
,
and
dyes
seized
,
Per.
Cur.
C.
the
Assignee
of
1000
years
shall
not
have
an
Harriot
,
because
at
the
time
of
the
death
of
A.
when
the
Harriot
became
due
,
he
was
not
Lord
,
but
had
only
a
future
Interest
;
and
if
any
Harriot
be
to
be
paid
,
the
Executor
of
A.
or
the
Lord
in
Fee
shall
have
it
,
P.
15
Jac.
B.
R.
Norris
and
Norris
,
2
Rolls
Abr.
72.
This
Case
in
March
p.
23.
is
Reported
thus
:
The
Lord
granted
the
Seigniory
for
99
years
,
if
the
Tenant
should
so
long
live
;
and
after
he
made
a
Lease
for
4000
years
:
Tenant
for
Life
is
disseized
(
or
more
properly
ousted
)
and
dyed
.
Two
points
resolved
.
1.
An
Harriot
was
to
be
paid
,
notwithstanding
the
Tenant
did
not
dye
seized
,
because
he
had
the
Estate
in
right
,
and
might
have
entred
.
2.
He
in
the
remainder
for
years
should
not
have
it
;
their
reason
was
,
because
the
Tenant
for
Life
was
not
the
Tenant
of
him
who
had
the
future
Interest
of
4000
years
,
but
of
him
who
had
the
Interest
for
99
years
;
but
the
Court
was
not
agreed
that
the
Grantee
for
99
years
should
have
the
Harriot
;
the
reason
of
the
doubt
was
,
because
that
eo
instante
,
the
Tenant
died
,
eodem
instante
,
the
Estate
of
the
Grantee
for
99
years
determined
.
A
Bishop
is
seized
of
the
Manor
of
D.
and
he
lets
twenty
Acres
of
it
to
A.
and
B.
during
the
iives
of
their
three
Children
,
rendring
21
s.
Rent
per
Annum
,
and
also
paying
and
delivering
to
the
Bishop
and
his
Successors
,
two
of
the
best
Beasts
upon
the
death
of
every
Cesty
que
vie
.
The
Bishop
after
lets
all
the
Manor
to
W.
rendring
the
ancient
Rent
;
one
of
the
Cesty
que
vies
dies
:
The
Question
was
,
whether
the
Harriot
belongs
to
the
Bishop
or
to
W.
Per
Cur.
1.
The
Rent
issues
out
of
the
intire
Manor
.
2.
That
the
Harriot
reserved
shall
go
with
the
Reversion
,
Winch
,
p.
46
,
57.
Bishop
of
Gloucester
against
Wood.
Pleadings
.
What
shall
be
a
good
Avowry
or
Conizance
for
an
Harriot
in
Replevin
,
or
a
good
Justification
in
Trespass
or
not
,
and
how
to
be
pleaded
.
If
the
Lord
avow
generally
for
an
Harriot
,
without
shewing
what
the
Harriot
should
be
,
whether
.
Beast
or
other
thing
,
its
sufficient
,
Hobart
,
p.
176.
Shaw
and
Taylor
.
Exception
to
an
Avowry
was
,
for
that
in
it
he
sets
forth
,
That
if
any
Tenant
dye
seized
,
the
Lord
is
to
have
an
Harriot
,
and
shews
not
of
what
Estate
he
should
dye
seized
;
for
in
one
case
it
may
be
an
Harriot
Custom
may
be
due
,
in
another
case
,
an
Harriot
Service
:
But
Per
Curiam
,
it
shews
he
took
them
,
nomine
Heriotorum
,
which
is
good
enough
,
1
Bulstr.
101.
Sylliard's
Case
.
Defendant
saith
,
That
all
the
Tenants
for
Term
of
Life
,
&c.
after
their
deaths
have
used
to
pay
to
him
an
Harriot
;
the
Avowry
is
insufficient
.
That
Tenants
should
pay
after
their
deaths
,
its
repugnant
:
But
if
he
had
said
,
That
he
and
all
those
whose
Estate
he
hath
,
&c.
have
had
an
Harriot
,
it
had
been
good
;
this
is
Harriot
Custom
,
for
Harriot
Service
is
of
Tenants
in
Fee
,
21
H.
7.13
,
15.
8
H.
7.10
.
Avowry
by
Harriot
Service
,
he
need
not
shew
what
was
the
Beast
he
demanded
,
nor
the
kind
or
price
thereof
,
Cro.
Car.
260.
Mayor
and
Brandwood
.
Bar
to
the
Avowry
,
nulla
habuit
Animalia
,
Quaere
Hobart
176.
Avowry
for
three
Oxon
,
Separatim
pro
separalibus
Harriot'
Cust
.
tunc
.
3
Br.
313
,
333.
Prescription
for
Harriot
sur
Alienation
,
8
H.
7.10
.
Avowry
for
Harriot
Custom
;
hors
son
Fee
is
no
Plea
.
Vide
supra
,
Bend.
p.
18.
for
Harriot
Service
,
hors
son
Fee
is
a
good
Plea
,
Up.
B.
110.
Plowd.
96.
a.
Avowry
and
Distress
for
Harriot
Service
,
bar
by
Harriot
Custom
,
Plowd
.
94.
Woodland
and
Mantel
.
Bar
for
Harriot
reserved
upon
a
Demise
,
Tomps
.
f.
257.
Custom
Pleaded
,
Quod
Dominus
habeat
Harriot
Custumar
.
post
mortem
cujusllibet
tenentis
,
Co.
Entr.
39.3
Brownl.
313
,
403.
Simile
&
si
fuerint
elongat
.
tunc
optimum
animal
.
levan
&
cuban
.
super
terras
,
Co.
Ent.
666.
Dier
199.
Moor
16.
Traverse
.
Traverse
tenure
by
Services
alledged
,
Co.
Lit.
598
,
599.
Traverse
le
seisin
,
Quod
Pater
non
fuit
seisitus
,
Coke
Ent.
613.
Plowd.
94
,
95.
Traverse
le
tenure
protestando
quod
non
fuit
seisitus
,
pro
placito
dicit
quod
non
tenet
,
&c.
3
Brownl
329
,
349
,
313.
Traverse
del
Custome
,
3
Brownl.
313.
Justification
in
Trespass
.
Bar.
quod
Defend
.
Dom.
manerij
habuit
Harriot
custom
.
de
omnibus
tenentibus
alienan
.
sine
Licentia
.
Ra.
Ent.
650.
Up.
B.
182.
Bar
by
Harriot
Custom
,
Post
mortem
tenentis
,
Co.
Ent.
39.
The
like
after
the
death
of
Tenant
pur
vie
,
3
Brownl.
402.
Repl.
quoad
1
mes
.
hors
son
fee
,
quoad
2
Mes.
non
est
talis
consuetudo
,
Up.
B.
222.
Harriot
pleaded
in
Bar
al
Trespass
,
1
Brown
383.
CAP.
XXVI
.
What
Statutes
extend
to
Copy-hold
Lands
,
and
within
what
Statutes
Copy-hold
Lands
shall
be
contained
by
construction
of
Law
without
express
words
,
and
what
not
.
HOW
the
Statute
De
donis
extends
to
Copy-hold
Lands
or
not
,
Vide
sub
.
Tit.
It
is
expresly
provided
,
Copy-hold
Lands
are
within
the
words
and
intention
of
the
Statute
,
4
Hen.
7.24
.
Rep.
f.
77.
If
a
Copy-holder
for
Life
,
or
in
Fee
,
be
ousted
and
the
Lord
be
disseised
,
pur
vie
;
for
the
Lord
may
presently
have
remedy
by
Action
(
viz.
Assise
,
&c.
)
and
recover
the
Land
;
and
the
Lord
may
without
consent
or
commandment
precedent
,
or
assent
subsequent
,
enter
in
the
name
of
the
Tenant
by
Copy
,
and
his
own
Right
,
to
save
their
particular
Interests
as
his
own
Freehold
and
Inheritance
;
for
the
Lord
is
no
Stranger
,
but
is
privy
in
Estate
:
But
not
if
a
Stranger
who
hath
no
Right
enter
,
&c.
9
Rep.
105
,
106.
Margaret
Podgers
Case
.
The
Case
was
,
A
Copy-hold
is
granted
to
A.
B.
and
C.
for
their
Lives
,
suecessive
;
the
Lord
by
Deed
Inrolled
,
bargains
the
Copy-hold
to
A.
in
Fee
,
and
levies
a
Fine
to
him
with
Proclamations
.
A.
dies
seized
,
this
discends
to
M.
his
Son
and
Heir
,
who
levies
a
Fine
to
Uses
;
Bicknal
and
Tucker's
Case
,
Trin.
9
Jac.
Rot.
3648.
was
,
Whether
a
Fine
with
five
years
will
bind
the
Copy-holder
in
Remainder
?
There
was
a
Copy-hold
granted
to
three
for
Lives
,
to
have
and
to
hold
successively
;
the
first
accepts
a
Bargain
and
Sale
of
the
Freehold
,
Custom
that
the
Lord
shall
seize
Copy-hold
,
after
three
Proclamations
,
and
non-Claim
by
the
Heir
,
shall
not
bind
the
Heir
that
is
beyond
the
Sea
,
8
Rep.
Sir
Richard
Lechford's
Case
.
Statute
37
H.
8.
Of
Dissolutions
,
Bulstr
.
p.
15.
Long
and
Baker
,
Vide
1
Leon.
p.
4.
mesme
Case
.
Hob.
p.
177
,
178.
Swinnerton
and
Miller
.
Copy-hold
is
not
within
the
Statute
of
32
H
8.
Entries
for
Conditions
.
Copy-holder
by
Licence
makes
a
Lease
for
60
Acres
,
rendring
Rent
,
and
condition
of
Re-entry
:
Copy-holder
Surrenders
to
J.
S.
and
he
demands
Rent
,
and
enters
for
Non-payment
.
J.
S.
is
not
such
an
Assignee
as
the
Statute
intends
,
and
Custom
doth
not
trench
to
such
collateral
things
;
such
Assignee
being
in
only
by
Custom
,
is
not
privy
to
the
Lease
made
by
the
first
Copy-holder
,
nor
in
by
him
,
but
he
may
plead
his
Estate
immediately
under
the
Lord
,
Yel
.
222.
Brasier's
Case
.
But
Assignee
of
a
Copy-hold
is
within
the
Statute
to
have
Action
of
Covenant
,
1
Keb.
356.
Cro.
Car.
21.
Platt
and
Plummer
.
Executors
brought
Action
for
Arrears
of
Rent
of
Copy-hold
,
of
which
Manor
the
Testator
died
seized
,
Per
Cur.
Action
doth
not
lye
for
Arrears
of
Copy-hold
Rents
,
but
only
of
Rents
of
Free
Land
,
and
Statute
32
H.
8.
extends
not
to
them
,
Yelv.
135.
Appleton
and
Doiley
,
1
Brownl.
102.
Tenant
in
Tayl
of
a
Manor
,
wherein
Copy-holds
are
demisable
for
Life
,
&c.
for
a
certain
Rent
.
Copy-holder
for
Life
dyes
,
and
the
Lord
demiseth
it
for
21
years
,
Noy
,
p.
106.
The
Lord
Norris's
Case
,
Vide
infra
hoc
capite
.
If
the
Lord
of
a
Copy-holder
for
Life
,
demisable
by
10
s.
Rent
,
leaseth
it
by
Indenture
to
the
Copy-holder
and
two
others
,
for
their
Lives
,
rendring
10
s.
Rent
,
by
which
it
is
within
the
Statute
of
32
H.
8.
and
is
not
material
though
the
Harriot
be
lost
,
because
it
is
meerly
casual
,
Noy
p.
110.
Banks
and
Brown
,
Vide
Montjoy's
Case
,
5
Rep.
Et
supra
.
Copy-hold
is
within
the
Statute
32
H.
8.
9.
Any
Right
or
Title
,
4
Rep.
26.
a.
Vide
infra
hoc
capite
.
Copy-hold
is
grantable
for
three
Lives
.
El.
Cap.
10.
Dean
and
Chapter
of
London
,
grant
this
to
H.
G.
for
the
Lives
of
J.
R.
and
M.
reserving
the
ancient
Rent
,
but
no
Harriot
;
the
Rent
was
payable
at
four
Quarters
,
and
by
this
Lease
its
payable
half
yearly
;
yet
this
is
not
void
by
the
Statute
13
El.
Cap.
10.
For
the
Occupant
shall
be
punish'd
for
Waste
,
and
the
Harriot
is
not
annual
,
nor
depends
on
the
Rent
;
and
as
to
the
Rent
it
s
the
accustomed
yearly
Rent
,
but
in
Mountjoy's
5
Rep.
(
yearly
)
was
wanting
,
6
Rep.
37
Dean
and
Chapter
of
Worcesters
Case
.
Copy-holds
are
within
all
the
Statutes
of
Bankrupts
by
express
words
,
vide
supra
.
A
Copy-hold
is
not
within
the
Statute
of
Limitations
.
Debt
for
the
Fine
of
a
Copy-holder
is
not
within
the
Statute
of
Limitations
,
2
Keb.
536.
Harris
.
Vide.
It
is
laid
down
for
a
Rule
in
Rowden
and
Malster's
Case
,
Cro.
Car.
44.
When
an
Act
of
Parliament
altereth
the
Service
,
Custom
,
Tenure
,
and
Interest
of
the
Land
,
So
Statute
32
H.
8.
Cap.
34.
And
for
the
same
reason
which
gives
an
Entry
to
the
Grantee
of
a
Reversion
,
upon
the
breach
of
a
condition
,
by
the
particular
Tenant
,
toucheth
not
Copy-hold
.
In
all
Statutes
made
for
the
good
of
the
Common-wealth
,
and
wherein
no
prejudice
accrues
to
the
Lord
or
Tenants
,
by
reason
of
the
alteration
of
any
Interest
,
Service
,
Tenure
,
or
Custom
of
the
Manor
,
there
the
general
words
of
such
acts
of
Parliament
do
extend
to
Copy-hold
Lands
,
as
Statute
of
Merton
,
Cap.
1.
1.
Of
Damages
sur
Recovery
en
Dower
.
which
gives
Damages
to
a
Feme
Covert
upon
a
Recovery
in
a
Writ
of
Dower
,
where
the
Baron
dyed
seized
,
extends
to
Copy-holds
.
And
Stat.
W.
2.
C.
3.
The
second
which
gives
the
Receit
to
the
Wife
upon
her
Husbands
refusal
to
defend
the
Wifes
Title
.
And
the
third
which
gives
a
Quod
ei
deforceat
to
particular
Tenants
,
extends
to
Copy-holds
,
The
Statute
32
H.
8.
Cap.
9.
Cro.
Car.
43.
Rowden
and
Malster
;
Vide
Plowd
.
f.
371.
The
Statute
W.
2.
which
gives
Elegits
,
Copy-hold
Lands
are
liable
to
the
Statutes
of
Recusants
,
El.
cap.
4.
Of
Recusants
.
and
the
King
shall
have
the
profits
of
the
Lands
only
,
but
no
Estate
;
and
such
Statute
doth
not
make
a
Tenant
to
the
Lord
,
and
though
the
King
hath
the
Copy-hold
Land
,
yet
the
Lord
shall
have
the
Rent
during
the
possession
of
the
King
,
1
Leon.
p.
98.
Saliard
and
Everat's
Case
.
Owen
,
p.
37.
mesme
Case
.
Copy-hold
Lands
are
not
within
the
words
of
that
Statute
;
but
by
Anderson
,
Eliz.
cap.
7.
Cottages
.
Copy-hold
is
not
within
that
Stat.
1
Bulstr
.
50.
Brock's
Case
.
Copy-hold
Land
is
not
within
that
Statute
,
2
Siderfin
,
p.
41
,
73.
Harrington
and
Smith
.
CAP.
XXVII
.
Of
Emblements
,
who
shall
have
them
,
the
Lord
or
the
Copy-holder
.
A
Woman
who
had
her
Widows
Estate
of
Copy-hold
Land
,
and
before
severance
,
took
Husband
,
the
Lord
shall
have
the
Corn
,
because
the
Estate
of
the
Woman
determined
by
her
own
act
;
otherwise
if
her
Estate
had
ended
by
Death
,
Divorce
,
Determination
of
the
Will
,
&c.
Moor
,
n.
512.
Oland
and
Burdwick
,
5
Rep.
115.
mesme
Case
.
If
a
Copy-holder
Durante
viduitate
Lease
for
one
year
,
and
the
Lessee
sows
the
Land
,
and
after
the
Copy-holder
takes
an
Husband
,
yet
the
Lessee
shall
have
the
Corn
,
for
her
act
shall
not
prejudice
a
third
person
,
Ibid.
Oland's
Case
.
If
the
Husband
seized
of
a
Copy-hold
in
Fee
,
sows
the
Land
,
and
after
surrenders
to
the
Use
of
his
Wife
,
who
is
admitted
accordingly
;
and
after
the
Husband
dyes
before
severance
,
it
seems
the
Wife
shall
have
the
Corn
,
and
not
the
Executors
or
Administrators
of
the
Husband
,
Rolls
Abr.
727.
CAP.
XXVIII
.
What
shall
be
said
a
Disseisin
as
to
Copy-hold
Estates
or
not
.
IF
a
Copy-holder
in
Fee
dyeth
seized
,
and
the
Lord
admit
a
Stranger
to
the
Land
,
who
entreth
;
he
is
but
a
Tenant
at
will
,
and
not
a
Disseisor
to
the
Copy-holder
,
who
hath
the
Land
by
Discent
,
because
he
cometh
in
by
the
Assent
of
the
Lord
,
3
Leon.
210.
If
a
Copy-holder
without
Licence
makes
a
Lease
for
years
,
the
Lessee
who
enters
by
colour
of
that
,
is
a
Disseisor
,
and
a
Disseisor
cannot
maintain
an
Ejectione
Firmae
,
2.
Brownl
.
p.
40.
Petty
and
Evans
.
If
a
Copy-holder
Lease
for
years
,
by
License
of
the
Lord
,
and
after
enters
upon
the
Lessee
and
ousts
him
;
this
is
a
Disseisin
to
the
Lord
of
the
Frank-Tenement
,
1
Rolls
Abr.
662.
by
Coke
,
Vide
sparsim
.
CAP.
XXIX
.
Actions
and
Suits
.
What
Action
may
be
brought
by
the
Lords
.
What
Actions
brought
by
Copy-holders
or
their
Executors
,
in
respect
to
their
Copy-hold
Estates
,
shall
be
good
or
not
,
either
against
their
Lords
or
others
.
What
Actions
may
be
brought
by
the
Lords
.
THE
Lord
upon
seizure
of
Copy-holder
may
maintain
Ejectment
till
the
Heir
comes
to
be
admitted
(
as
in
Harverights
Case
,
Latch
511.
)
upon
Entry
of
the
Feoffor
(
upon
Rent
reserved
and
Entry
till
satisfaction
)
he
may
upon
such
Interest
quousque
,
maintain
an
Ejectment
,
1
Keb.
2●7
.
Lord
Salisbury's
Case
.
As
to
the
Lords
Action
for
Rent
,
Distress
Remedy
for
Forfeitures
,
Vide
supra
&
sparsim
,
per
tout
,
&
in
Indice
.
What
Actions
a
Copy-holder
may
bring
against
his
Lord
and
what
not
.
Co.
Lit.
60.
b.
61.
a.
4
Rep.
22.
a.
For
though
he
is
Tenens
ad
voluntatem
Domini
,
yet
it
is
Secundumconsuetudinem
Manerij
.
Rolls
Abr.
108.
The
Custom
was
,
That
every
Copy-holder
in
Fee
shall
have
the
Loppings
of
the
Pollingers
.
The
Lord
cuts
down
two
Oaks
,
and
in
his
Plea
to
an
Action
sur
Case
,
saith
,
he
cut
down
two
Oakes
being
Pollinger
Timber
Trees
,
and
left
the
Loppings
there
for
the
Plaintiff
.
On
Demurrer
it
was
adjudged
for
the
Plaintiff
;
for
a
Copy-holder
of
Inheritance
hath
interest
in
the
Loppings
and
Boughs
,
as
well
as
the
Lord
in
the
Timber
.
And
if
the
Lord
shall
cut
down
all
the
Timber
Trees
,
than
the
Copy-holder
shall
lose
the
Profit
,
Cro.
El.
p.
629.
Moor
,
n.
727.
mesme
Case
,
1
Rolls
Rep.
Ford
and
Hoskin's
Case
.
Nay
the
Action
of
Trespass
by
a
Copy-holder
in
Fee
against
his
Lord
for
cutting
down
the
Trees
,
lyes
at
Common
Law
,
without
any
special
Custom
,
for
the
Copy-holder
hath
a
special
property
therein
,
and
the
Lord
a
general
property
;
the
Lord
may
as
well
subvert
the
Houses
,
as
cut
down
the
Trees
,
for
without
them
the
Copy-holder
hath
no
means
to
Repair
it
,
2
Brownl.
328.
Heydon
and
Smith
,
and
in
Doyle's
Case
,
Mich.
25.
and
26
El.
it
was
adjudged
,
where
it
was
a
Custom
that
the
Copy-holder
might
cut
Maremium
to
Repair
,
if
the
Lord
carry
it
away
,
an
Action
of
Trespass
lyes
against
him
by
the
Tenant
,
in
Taylor's
Case
,
Pasch.
36.
Eliz.
A
man
was
Tenant
by
Copy
of
Court
Roll
of
Wood
,
and
the
Soyl
was
excepted
to
the
Lord
,
and
yet
the
Copy-holder
maintained
an
Action
of
Trespass
against
the
Lord
for
cutting
his
Wood
,
Moor
,
n.
480.
If
a
Stranger
cut
a
Tree
,
Vide
Leon.
1.
272.
Copy-holder
dyes
,
Lord
admits
a
Stranger
,
the
Heir
may
enter
,
and
upon
a
re-entry
,
maintain
Trespass
without
Admittance
,
Noy
,
p.
172.
Simpson
and
Gillion
.
Vide
Admittance
.
A
Copy-holder
in
the
Eye
of
the
Law
,
is
but
Tenant
at
the
Lords
Will
;
and
if
the
Lord
will
not
hold
Court
,
he
hath
no
remedy
to
compel
him
but
by
order
in
Chancery
,
Cro.
Jac.
p.
368.
Ford
and
Hoskins
:
No
Action
on
the
Case
by
a
named
Successor
.
Co.
Lit.
60.
And
if
there
be
cause
,
the
Judgment
may
be
reversed
.
Tothil
,
p.
108.
The
Copy-holders
Actions
and
Remedies
against
Strangers
,
and
where
.
A
man
grants
all
the
Coals
and
Coal-Mines
within
a
Manor
(
and
parcel
was
Copy-hold
for
Life
)
to
J.
S.
Jones
Rep.
243.
Player
and
Roberts
.
Lessee
of
a
Copy-holder
for
a
year
,
Ejectione
Firmae
,
for
in
as
much
as
his
Term
is
warranted
by
Law
,
by
force
of
the
general
Custom
of
the
Realm
,
it
is
but
reason
if
he
be
ejected
,
that
he
shall
have
Ejectione
Firmae
;
and
it
is
a
speedy
course
for
a
Copy-holder
to
have
the
possession
of
the
Land
against
a
Stranger
,
4
Rep.
26.
As
to
the
Declaration
in
Ejectment
,
Vide
Tit.
Declaration
.
In
Cro.
El.
p.
224.
It
is
said
to
be
adjudged
,
Ejectione
Firmae
doth
not
lye
of
a
Copy-hold
Estate
:
But
it
was
agreed
,
That
an
Ejectione
Firmae
doth
lye
of
a
Lease
made
by
a
Copy-holder
,
but
not
of
a
Demise
made
by
the
Lord
of
a
Copy-hold
,
by
Copy
of
Court
Roll
,
Cole
and
Wall's
Case
.
A
Copy-holder
had
Licence
from
his
Lord
to
let
his
Land
for
21
years
;
he
lets
it
to
the
Plaintiff
for
three
years
,
who
entred
,
and
being
Ejected
,
brought
Ejectione
Firmae
.
Per
Cur.
he
may
maintain
this
Action
at
Common
Law
,
for
it
is
a
good
Lease
between
the
Pa●●●s
,
and
against
all
others
but
the
Lord
;
and
as
this
Case
is
,
it
is
good
against
him
,
because
it
is
done
by
his
Licence
,
and
it
is
a
good
Lease
and
well
warranted
by
the
Licence
,
Cro.
El.
535.
Goodwin
and
Longhurst
.
A
Copy-holder
made
a
Lease
for
one
year
excepting
one
day
,
which
was
warranted
by
the
Custom
.
Lessee
being
ousted
by
a
Stranger
,
brings
Ejectione
Firmae
,
it
well
lyes
;
and
if
there
were
not
any
Custom
,
yet
it
shall
be
good
against
all
but
him
who
had
the
Inheritance
and
Freehold
.
So
if
a
Lessee
for
Will
at
the
Common
Law
had
made
a
Lease
for
years
;
for
the
Tenant
at
Will
is
only
a
Disseisor
,
and
the
Lease
is
good
against
him
,
Cro.
Trin.
41
El.
p.
676.
Spark's
Case
.
So
717.
Erish's
Case
,
Moor
,
n.
709.
Stoner
and
Gibson
.
Ejectione
Firmae
,
without
any
Admittance
of
his
Lessor
,
or
Presentment
that
he
is
Heir
,
1
Leon.
p.
100.
Rumny
and
Eves
,
n.
128.
If
a
Copy-holder
had
Common
by
Prescription
in
the
Waste
of
the
Lord
,
and
the
Lord
stores
the
Waste
with
Conies
,
every
Copy-holder
may
have
Action
on
the
Case
against
the
Lord
,
averring
,
That
by
this
the
Common
is
impaired
,
1
Rolls
Abr.
106.
Clayton
and
Sir
Jerom
Horsey
.
Per
Coke
,
If
a
Commoner
may
distrain
Damage
feasant
(
doing
Damage
)
which
proves
lie
hath
wrong
,
then
by
the
same
reason
,
if
the
Beasts
are
gone
before
his
coming
,
he
may
have
Action
on
the
Case
;
otherwise
,
one
that
hath
many
Beasts
may
destroy
the
Common
in
a
night
:
And
it
s
not
like
a
Nusance
,
for
that
is
Publick
,
and
may
be
punished
in
a
Leet
:
But
the
other
is
private
to
the
Commoners
,
and
cannot
be
punished
in
another
course
;
he
cited
one
Whitehand's
Case
.
Many
Copy-holders
prescribe
to
have
the
Loppings
and
Toppings
of
Pollards
;
the
Lord
cuts
them
;
every
Copy-holder
may
have
his
Action
,
and
also
Hill.
5.
Jac.
Rot.
1427.
Geo.
England's
Case
,
and
Warburton
of
the
same
Opinion
,
2
Brownl
.
p.
146.
Crogate
and
Morris
.
If
a
Copy-holder
by
the
Custom
of
a
Manor
had
used
to
have
Common
for
all
his
Beasts
,
Herbam
tunc
&
ibid
crescen'
predict
.
ambulando
&
conculcando
,
Rolls
Abr.
89.
Terry
and
Goodier
,
and
good
,
tho'
Damages
were
entire
.
Action
shall
be
brought
in
a
Copy-holder
Lunaticks
name
;
for
though
the
custody
of
the
Land
was
granted
to
one
by
the
Lord
,
yet
no
Interest
was
gained
by
this
commitment
,
and
the
Lord
hath
not
power
over
the
Lunaticks
Lands
,
without
a
Custom
,
Hobart
,
p.
215
,
216.
Cox
and
Darson
.
Prochein
Amy
,
but
claims
by
Custom
and
Grant
of
the
Lord
,
to
the
Use
of
the
Assignee
(
which
Custom
is
good
,
)
1
Leon.
p.
226.
n.
356.
Anonymus
.
Ejectione
Firmae
and
this
Case
.
For
the
Ejectione
Firmae
is
brought
for
the
Copy-hold
it self
:
But
this
Avowry
is
for
Rent
due
to
the
Lord
,
which
is
a
duty
at
the
Common
Law
,
and
therefore
an
Avowry
may
well
be
for
it
,
Cro.
El.
p.
524.
Laughter
and
Humphry
.
A
Copy-holder
in
Fee
,
by
Licence
,
made
a
Lease
for
21
years
by
Indenture
,
rendring
Rent
,
Cro.
Car.
24.
Plat
and
Plummer
.
But
it
seems
by
1
Keb.
356.
Baker
and
Berisford's
Case
,
That
the
Assignee
is
not
within
this
Statute
to
have
a
Covenant
.
Action
of
Debt
doth
not
lye
for
Arrearages
of
Copy
Rents
;
for
the
Stat.
of
32
H.
8.
Yelv.
p.
135.
Appleton
and
Doily
.
And
so
Executors
shall
not
have
Debt
for
Arreages
of
such
Rents
due
in
the
Life-time
of
the
Testator
.
The
Lord
of
a
Manor
is
,
and
Fines
;
Rolls
Abr.
374.
Serjeant
Hitcham
and
Finch
.
Copy-holder
for
Life
becomes
Lunatick
.
A.
B.
A.
takes
the
Corn
to
the
Use
of
the
Lunatick
.
B.
Brought
Trover
in
his
own
name
;
it
s
ill
brought
.
It
ought
to
be
brought
in
the
Lunaticks
name
,
and
not
in
the
name
of
the
Committee
,
Noy
,
p.
27.
Cox
and
Dawson
.
A.
B.
so
seized
,
takes
Mary
to
Wife
,
and
they
have
Issue
John
.
A.
B.
dies
,
so
that
Mary
is
seized
of
the
moiety
for
her
Life
,
and
John
of
the
other
moiety
in
Fee
,
and
of
the
first
moiety
as
his
Reversion
.
Mary
and
John
her
Son
make
a
Lease
to
J.
B.
for
twenty
one
years
,
rendring
fifty
pounds
Rent
to
Mary
,
and
fifty
pounds
to
John
;
and
after
the
death
of
Mary
,
one
hundred
pounds
to
John
.
John
marries
Margaret
,
they
have
Issue
three
Sons
.
John
dies
,
so
that
a
fourth
part
comes
to
his
Wife
,
and
the
other
fourth
part
to
his
three
Sons
.
Rent
is
behind
.
Margaret
brought
Debt
on
Covenant
for
the
Rent
,
Per
Curiam
,
it
was
well
brought
by
her
sole
,
Siderfin
,
p.
9.
Baker
and
Berisford
.
CAP.
XXX
.
Of
Copy-holders
being
Impleaded
and
Impleadable
in
the
Lords
Court
,
Vide
supra
,
Tit.
Customs
.
COpy-hold
Lands
are
as
the
Demesns
of
the
Manor
,
and
are
the
Lords
Freehold
,
and
therefore
are
not
impleadable
,
but
in
the
Lords
Court
Croke
Jac.
559.
Pymmock
and
Hilder
.
One
recovered
certain
Copyhold
Lands
in
the
Court
of
the
Lord
of
the
Manor
,
by
Plaint
,
in
the
nature
of
a
Writ
of
Right
.
A
Precept
cannot
be
made
and
awarded
out
of
the
Court
,
to
execute
the
said
Recovery
,
A
Woman
recovered
Dower
of
a
Copy-hold
within
the
Manor
,
and
40
l.
Damages
,
B.R.
Per
Cur.
it
lyes
not
,
because
the
Court
Baron
cannot
hold
Plea
,
nor
award
Execution
of
40
l.
Damages
,
though
the
Damages
were
there
well
assessed
;
and
because
no
Writ
of
Error
,
or
Faux
Judgment
lyes
upon
such
a
Recovery
of
a
Copy-hold
,
but
only
a
Petition
to
the
Lord
of
a
Manor
;
so
that
Copy-hold
Plaints
are
not
within
the
Jurisdiction
of
this
Court
of
Kings-Bench
,
Moor
,
n.
559.
Shaw
and
Tompson
.
If
an
erroneous
Judgment
be
given
in
a
Copy-hold
Court
of
a
common
Lord
,
in
an
Action
in
nature
of
a
Formedon
,
a
Bill
may
be
exhibited
in
Chancery
,
Rolls
Abr.
373.
and
Co.
on
Lit.
p.
60.
a.
He
cannot
have
the
Kings
Writ
of
false
Judgment
in
respect
of
the
baseness
of
the
Estate
and
Tenure
,
being
in
the
Eye
of
the
Law
but
a
Tnant
at
Will
,
and
the
Freehold
being
in
another
:
But
he
may
have
a
Petition
to
the
Lord
,
in
the
nature
of
a
Faux
Judgment
,
and
therein
assign
Errors
,
and
have
Remedy
according
to
Law
,
4
Rep.
21.
Brown's
Case
.
Fenner
said
he
had
seen
a
Record
36
H.
8.
where
the
Lord
by
Petition
to
him
,
had
for
certain
Errors
in
the
Proceedings
,
reversed
such
Judgment
given
in
his
own
Court
.
Now
real
Pleints
are
in
the
Lords
Court
,
are
in
this
Form
,
A.
de
B.
queritur
versus
C.
de
D.
de
placito
terrae
,
videlicet
de
uno
Messuagio
quadraginta
Acris
terrae
,
&c.
cum
pertin
.
&
fecit
protestationem
sequi
querelam
istam
in
natura
Brevis
Domini
Regis
Assisae
mortis
Antecessoris
ad
communem
Legem
(
vel
Brevis
Domini
Regis
Assisae
novae
disseisinae
ad
communem
Legem
)
aut
in
natura
Brevis
de
forma
donationis
in
discendere
ad
communem
Legem
,
(
and
so
in
the
nature
of
any
other
Writ
,
&c.
)
plegii
de
prosequendo
,
F.
G.
&c.
CAP.
XXXI
.
Declaration
of
,
for
and
concerning
Copy-hold
Lands
and
Presidents
.
IN
Ejectione
Firmae
,
it
was
doubted
by
the
Court
,
whether
the
Plaintiff
in
his
Declaration
ought
to
set
forth
the
Custom
of
the
Manor
,
That
the
Copy-holder
may
Lease
,
&c.
and
then
to
shew
that
the
Lease
is
warranted
by
the
Custom
,
Anderson
Rep.
Ewer
and
Astwick
.
But
it
is
fully
resolved
and
agreed
in
Rumney
and
Eves's
Case
,
1
Leon
p.
100.
That
the
Plaintiff
ought
not
to
shew
that
the
Lease
is
warranted
by
the
Custom
,
but
that
shall
come
of
the
other
side
.
This
was
Pasch.
30
El.
B.
R.
But
in
Hill.
38
El.
Cro.
p.
469.
Wells
and
Partridge
,
it
was
doubted
;
because
otherwise
being
a
general
Court
,
it
shall
be
intended
of
a
Lease
at
Common
Law
,
which
a
Copy-holder
cannot
make
;
as
if
the
Heir
in
Burrough
English
brings
a
Mordancestor
,
he
ought
to
shew
the
Custom
in
his
Count
,
and
declare
according
thereunto
:
This
was
the
Opinion
of
Anderson
in
the
Case
;
and
in
Moor
,
n.
927.
Gregory
and
Harrison
.
It
is
said
to
be
resolved
an
Ejectione
Firmae
doth
not
lye
of
a
Copy-hold
,
if
the
Plaintiff
doth
not
declare
the
Custom
,
Lease
and
Ejectment
;
but
the
Practice
now
is
otherwise
.
Upon
Agreement
,
Whereas
W.
was
seized
of
Copy-hold
Lands
,
That
he
should
surrender
the
same
to
the
Use
of
Elkin
,
and
that
he
was
to
give
him
for
the
same
560
l.
and
if
he
sold
the
same
over
,
the
Plaintiff
to
have
the
moiety
of
what
he
sold
over
and
above
:
It
is
said
in
the
Declaration
,
Per
Cur.
he
ought
to
shew
it
,
but
he
need
not
shew
that
he
was
admitted
,
3
Bulstr.
230.
Elkins
and
Wastel
.
Declaration
sur
Assumpsit
to
make
a
Surrender
of
Copy-hold
Land
,
Placita
gen
.
&
spec.
p.
16.
Declaration
in
Case
for
a
Copy-holder
for
cutting
down
Trees
upon
his
customary
Tenements
,
Brownl.
252.
Def.
seisitus
de
terris
custumar
vendidit
querent’
statum
suum
inde
ac
omnia
bona
&
as●umpsit
causare
statum
fieri
quer
in
terris
&
deliberare
bona
,
Rast.
Ent.
7.
Nar
pro
tenen
customar
versus
Dom
Maner
qui
succidit
arbores
suꝑ
Tenementa
custumar
per
quod
quer
non
habet
suffeciens
forale
sepiment’
&
maremium
ꝑro
reparatione
secundum
consuetud
Manerij
,
Hern
216
,
or
226.
1
Brown
252.
Pro
ten
custumar
versus
un
Tanner
de
Tanpi●s
erect
.
propre
rivulum
decurren
ad
Messuagium
querentis
per
quod
aqua
corrumpitur
,
Hern
254.
Ad
exheredand
quer
de
Tenementis
custumar
&
impediend
ipsum
de
Administratione
bonor
ei
committend
,
Co.
Entr.
29.
Pro
ten
custumar
molendini
versus
occupationem
tenementorum
qu●
per
consuet’
debe●
molare
grana
ad
dict'
molend
,
Hern
83.
Narrat
in
Action
sur
Case
per
Copyhold
que
fuit
le
Tenant
pur
3
vies
successive
des
terres
d'un
Manor
deins
quel
fuit
un
Custome
habere
successive
,
&c.
&
un
auter
Custome
que
prima
persona
in
copiis
rotulorum
ejusdem
Manerij
nominata
poet
surrender
in
manus
Dom
al
son
proper
use
&
al
use
des
deux
auters
nominand
Le
Def.
in
consideratione
quod
le
Plaintiff
,
pro
12
d.
in
manibus
&
50
quarter
de
brasis
illi
deliberand
assumpsit
sursum
reddere
ad
usu
ipsius
&
duor
alior
ex
nominatione
Def.
&
procurare
cur
assumpsit
&
promisit
apparere
apud
Curiam
&
accipere
statum
ad
usum
ipsius
&
2
aliorum
&
deliberare
les
50
quart’
brasii
pred
,
Winch.
Ent.
65.
Narrat’
per
Copyhold
qui
fuit
Tenant
pur
3
vies
successive
des
terres
tenus
d'un
Manor
,
deins
quel
fuit
un
Custome
habere
successive
,
&c.
&
un
auter
Custome
que
prima
persona
in
Copiis
rotulorum
ejudem
manerij
nominat
poec
surrender
in
manus
Dom
al
son
proper
use
&
al
use
deux
auters
per
ipsum
nominand
Le
Def.
in
consideratione
que
pro
12
d.
in
manibus
&
50
quarters
de
Malt
a
luy
deliberand
ad
assume
a
Surrender
al
use
de
luy
mesme
&
2
auters
nominatione
Def.
&
procurare
curiam
assumpsit
&
promisit
d'appearer
al
Court
&
d'accepter
del
Estate
a
luy
&
les
deux
auters
&
pur
deliver
les
50
quarters
de
Melt
vendit’
,
Winch
Entr.
p.
65.
Chambers
and
Turner
.
Cond
del
obliḡ
a
Surrender
un
Copyhold
Estate
al
use
del●quer
al
proche
in
Court
,
Bar
quod
Def.
al
Court
tenus
tiel
jour
surrendroit
accordant
al
effect
del
condicon
,
Winch.
Entr.
241
,
222.
&
demur
general
al
bar
,
Eldre
&
Ll'uelling
.
CAP.
XXXII
.
Of
Pleadings
.
The
general
Rules
of
Pleading
as
to
Copy-hold
Estates
.
Of
Pleading
,
Customs
and
Prescriptions
,
and
the
different
Forms
.
Pleading
in
reference
to
Common
,
and
when
to
be
pleaded
by
way
of
Custom
,
or
by
way
of
Prescription
.
The
manner
of
Pleading
when
a
Lease
is
to
be
answered
which
is
set
forth
in
the
Avowry
.
Where
in
Pleading
the
Commencement
of
the
Estate
must
be
shewn
,
and
by
whom
granted
,
or
not
.
How
a
Licence
must
be
pleaded
by
the
Lessee
.
Prescription
for
Copy-holders
to
be
discharged
of
Tythes
.
How
to
be
pleaded
.
Of
Traverses
,
when
and
where
to
be
taken
.
Forms
of
Pleading
of
Surrenders
,
Admittances
.
Forms
of
Pleading
Estates
in
Fee
Tayl
for
Lives
or
Years
.
Pleading
of
Presentments
,
Grants
.
Pleadings
in
respect
of
Commons
,
Trees
,
Ways
,
Inclosures
,
Forfeiture
,
and
all
other
Pleadings
necessary
for
the
Copy-holder
to
set
forth
his
Title
or
to
defend
it
.
Pleadings
.
General
Rules
of
Pleading
as
to
Copy-hold
Estates
.
EVery
Admittance
of
an
Heir
upon
a
Descent
,
amounts
in
Law
to
a
Grant
,
and
after
Admittance
the
Heir
may
in
Pleading
alledge
this
as
a
Grant
;
If
one
Surrender
to
the
intent
that
the
Lord
shall
grant
it
to
another
,
and
he
admitts
him
,
it
was
adjuded
good
;
yet
he
ought
to
plead
it
as
a
Grant
,
Lit.
Rep.
175.
Tenant
in
Dower
may
Grant
a
Copy-hold
in
Reversion
,
which
shall
be
good
,
Cro.
El.
p.
661
,
662.
It
was
there
pleaded
,
That
he
granted
Tenementa
praedicta
per
nomen
of
a
Messuage
which
A.
P.
held
for
Life
;
and
Per
Cur.
it
s
an
uncurable
Fault
,
for
it
is
not
alledged
that
he
granted
the
Tenement
in
Reversion
:
and
the
per
nomen
will
not
help
.
Anderson
,
p.
292.
Ewer
and
Astwick
.
Where
in
Pleading
the
Commencement
of
the.
Estate
must
be
shewn
,
or
by
whom
granted
,
or
not
.
pur
vie
,
and
shews
the
death
of
W.
whereby
he
entred
.
And
demurred
,
because
he
did
not
shew
the
beginning
of
W.
his
Estate
,
nor
by
whom
W.
had
the
Estate
granted
him
.
Per.
Cur.
this
is
no
cause
of
Demurrer
,
because
it
is
not
the
Plaintiffs
Title
,
but
matter
of
Conveyance
thereunto
,
Cro.
Jac.
52.
Lodge
and
Fry
.
Cro.
Jac.
103.
Pyster
and
Hembling
.
In
Trespass
the
Defendant
justifies
he
confesseth
the
Close
to
be
Copy-hold
Land
,
but
pleads
,
That
long
time
before
it
was
parcel
of
the
Manor
of
,
&c.
and
that
long
before
the
supposed
Trespass
,
one
Pole
and
M.
his
Wife
was
Lord
of
the
Manor
in
right
of
his
Wife
for
Life
,
remainder
to
Stephen
in
Tayl
,
and
he
made
a
Lease
of
this
Land
to
the
Defendant
;
it
s
an
ill
Plea
,
because
the
Defendant
hath
not
shewed
(
as
he
ought
)
how
Pole
and
his
Wife
came
to
this
Estate
for
Life
,
the
remainder
over
;
they
ought
to
shew
how
this
particular
Estate
hath
its
commencement
,
they
claiming
a
derivative
Estate
from
Pole
and
his
Wife
for
years
,
3
Bulstr.
281.
Sandford
and
Stephens
.
None
may
entitle
himself
to
any
Copy-hold
but
he
ought
to
shew
a
Grant
thereof
.
In
Trespass
the
Plaintiff
in
his
Rejoynder
intitles
himself
,
because
the
place
where
is
customary
Land
,
parcel
of
such
a
Manor
,
whereof
J.
S.
is
seized
in
Fee
,
and
demisable
by
Copy
at
Will
in
Fee
;
and
that
J.
N.
was
seized
in
Fee
,
by
Copy
,
&c.
and
dyed
seized
,
so
as
it
descended
to
two
Daughters
,
as
Heirs
of
J.
N.
and
that
at
such
a
Court
Dominus
concessit
eis
extra
manus
suas
,
&c.
Habend
.
&
tenend.
Tenementa
praedicta
,
to
the
said
Daughters
and
their
Heirs
,
whereby
they
were
seized
in
Fee
,
and
afterwards
demised
to
the
Plaintiff
for
years
.
The
Plaintiff
hath
not
made
a
good
Title
;
and
he
shewing
such
an
one
was
seized
in
Fee
,
without
shewing
the
Grant
thereof
,
Per
Cur.
it
s
not
good
,
Cro.
Car.
190.
Shepherd's
Case
;
yet
it
was
but
default
of
form
,
and
Issue
,
for
the
Plaintiff
being
found
,
it
is
a
Jeofail
.
Pleading
Custom
or
Prescription
.
A
Copy-holder
in
Pleading
need
not
alledge
a
Custom
to
make
a
Surrender
,
for
that
is
the
Custom
of
all
England
.
A
Copy-holder
need
not
alledge
a
Custom
to
make
a
Lease
for
a
year
.
Quod
Talis
habebatur
consuetudo
within
a
Manor
,
Quod
licebit
Seneschall●
to
impose
a
Fine
,
&c.
But
in
the
principal
Case
,
the
not
naming
the
Steward
made
the
Avowry
ill
;
and
then
Per
Cur.
the
Avowry
being
ill
,
although
the
bar
to
the
Avowry
were
ill
,
Cro.
p.
37.
El.
392.
Brown
and
Foster
.
Copy-holder
pleads
,
Quod
infra
Manerium
praed.
talis
habetur
,
nec
non
a
toto
tempore
cujus
contrarij
memoria
hominum
non
existit
habebatur
consuetudo
videl.
quod
quilibet
tenens
custumar'
praedict
tenementa
,
&c.
hath
used
to
have
Common
in
such
a
place
,
parcel
of
the
Manor
.
Question
was
,
if
the
Custom
may
be
alledged
within
the
Manor
,
and
applied
but
to
a
single
Copy-hold
.
Per
Cur.
such
Custom
,
as
well
for
the
form
as
the
matter
,
is
good
;
for
a
Copy-holder
cannot
prescribe
in
his
own
name
for
the
exility
of
his
Estate
;
In
Trespass
,
the
Defendant
justifies
as
Copy-holder
for
Common
,
he
saith
these
are
customary
Lands
,
but
doth
not
say
,
ad
voluntatem
Dom.
which
is
uncertain
whether
Tenant-right
Lands
or
Burrough-English
,
or
Free-hold
:
Judgment
Pro
Quer.
3
Keb.
368.
Walker
and
Wilson
.
Customs
must
be
pursued
in
Pleadings
.
A
man
cannot
plead
a
Prescription
against
a
Prescription
,
Cro.
Car.
432.
Spooner
and
Day's
Case
,
Carter's
Rep.
88.
Custom
alledged
to
be
,
That
if
any
Copy-holder
seised
of
customary
Lands
of
the
said
Copy-hold
,
die
seized
thereof
,
having
many
Sons
,
that
the
youngest
shall
Inherit
;
and
the
Defendant
in
Replevin
,
makes
his
Title
,
That
a
customary
Estate
was
granted
to
the
Father
and
Mother
,
and
the
Heirs
of
the
Father
,
and
the
Mother
survived
.
This
Estate
is
not
within
the
Letter
of
the
Custom
,
Per
Walmsly
,
and
cited
Sir
John
Savage's
Case
,
Quod
vide
supra
,
sub
Tit.
Custom
,
2
Leon.
208.
Beal
and
Langly
.
A
particular
Tenant
at
Will
may
not
prescribe
in
his
sole
Tenancy
,
Vide
supra
.
When
the
Copy-holder
claims
any
thing
by
Prescription
in
the
Soil
of
another
;
in
Pleading
he
ought
to
prescribe
in
the
name
of
the
Lord
;
but
if
he
claim
any
thing
in
the
Soil
of
the
Lord
,
Hob.
p.
28
,
61.
Of
Pleading
a
Custom
for
Common
by
Prescription
.
Defendant
pleads
in
Trespass
,
That
there
are
divers
Freehold
Tenements
,
time
out
of
mind
,
in
the
said
Manor
,
&c.
and
that
there
were
and
are
,
infra
eand
.
villan
divers
.
customary
Tenements
,
parcel
of
the
said
Manor
,
grantable
ad
voluntatem
Dom.
by
Copy
,
That
all
the
Tenants
of
the
Free
Tenements
,
time
out
of
mind
Habuerunt
&
usi
fuerunt
,
and
all
the
Tenants
of
the
customary
Tenements
,
per
consuetudinem
ejusdem
manerij
in
eodem
manerio
a
toto
tempore
supra
dict.
usitat
.
&
approbat
.
habuerunt
&
habere
consueverunt
solam
&
separalem
pasturam
,
&c.
for
all
their
Cattel
(
Hogs
,
Sheep
and
Steers
excepted
)
Levant
and
Couchant
upon
their
respective
Messuages
and
Tenements
every
year
for
all
times
of
the
year
,
except
,
&c.
as
belonging
and
appertaining
to
their
several
Tenements
,
and
that
at
the
time
of
the
Trespass
the
Defendant
put
in
his
own
Cattel
,
Levant
and
Couchant
,
upon
this
said
Messuage
,
prout
ei
bene
licuit
,
&c.
Exceptions
to
this
Pleading
,
were
,
1.
That
he
was
seised
de
Antiquo
Messuagio
,
and
of
no
Land
,
is
not
proper
,
for
in
common
intention
Cattel
cannot
be
said
to
be
Levant
upon
a
Messuage
only
.
2.
He
saith
he
put
in
his
own
Levant
and
Couchant
,
but
avers
not
as
he
ought
,
That
none
of
them
were
Porci
,
Oves
,
or
Steers
.
3.
The
Plea
doth
not
set
forth
the
Custom
of
the
Manor
,
but
implicitely
,
That
the
Freehold
and
customary
Tenants
have
had
and
enjoyed
Per
Consuetudinem
Manerij
solam
&
separalem
Pasturam
for
all
their
Cattel
,
which
is
a
double
Plea
,
both
of
the
Custom
of
the
Manor
,
and
of
the
claim
by
reason
of
the
Custom
,
which
ought
to
be
several
,
and
the
Court
shall
judge
,
and
not
the
Jury
,
whether
the
claim
be
according
to
the
Custom
alledged
;
the
Custom
may
be
different
from
the
Claim
,
Per
Consuetudinem
Manerij
,
if
particularly
alledged
,
Vaughan's
Rep.
253.
North
and
Cole
.
In
Replevin
,
Defendant
makes
Conuzance
,
as
Bayliff
to
,
&c.
Damage
Fesant
.
In
bar
of
this
Cognizance
the
Plaintiff
pleads
,
That
H.
Earl
of
H.
was
seized
of
the
Manor
of
A.
whereof
one
Messuage
,
&c.
is
parcel
,
and
demisable
by
Copy
,
and
that
within
the
said
Manor
there
is
this
Custom
,
That
every
customary
Tenant
of
the
said
Messuage
,
&c.
have
used
to
have
Pasture
,
&c.
in
the
said
place
called
Land-Mead
,
&c.
prout
,
&c.
Here
is
no
Custom
alledged
,
because
it
did
not
appear
in
Pleading
,
That
the
place
where
the
taking
was
supposed
to
be
,
was
within
the
said
Manor
,
and
no
Custom
of
the
Manor
can
extend
out
of
the
Manor
,
but
he
ought
to
prescribe
in
the
Manor
.
Note
,
he
ought
to
have
pleaded
,
That
the
place
in
which
,
&c.
was
parcel
of
the
Manor
,
and
then
the
Plea
had
been
good
,
Hob.
p.
286.
1
Brownl.
172.
Roberts
and
Young
.
Plaintiff
in
Replevin
rejoyns
by
Custom
of
all
the
Copyholders
of
Blackacre
,
in
the
Manor
of
D.
used
to
have
Common
in
A.
to
which
the
Avowant
demurred
,
because
he
should
have
prescribed
in
the
Lords
name
,
A.
being
out
of
the
Manor
;
but
the
truth
being
that
A.
was
anciently
parcel
,
and
lately
severed
by
the
Lord
,
this
destroys
not
the
Common
,
Per
Cur.
But
the
Copy-holder
ought
to
prescribe
specially
,
That
Talis
consuetudo
suit
,
till
such
a
day
,
The
Case
was
,
The
King
was
seized
of
a
Manor
,
Per
Cur.
as
this
Prescription
was
pleaded
the
Common
was
extinct
;
but
by
special
pleading
he
might
have
been
helped
,
and
save
his
Common
,
for
this
was
Common
appendant
,
2
Brownl
.
47.
Vide
James
and
Read
,
Tirringhams
Case
,
4
Rep.
38.
Custom
was
alledged
,
Per
Cur.
it
s
not
material
,
for
be
their
Estates
what
they
will
,
in
Fee
,
or
Life
,
or
Years
,
Custom
hath
annexed
this
sole
feeding
as
a
profit
apprender
to
their
Estates
;
and
this
they
claim
by
the
Custom
of
the
Manor
,
and
not
by
Prescription
.
As
to
the
other
Exception
,
True
it
is
,
if
one
claim
only
Common
appurtenant
to
his
Land
,
he
ought
to
say
for
his
Beasts
Levant
and
Couchant
;
for
in
such
case
he
claims
but
part
of
the
Herbage
,
and
the
residue
the
Lord
is
to
have
;
and
therefore
if
he
put
in
any
Beasts
that
are
not
Levant
and
Couchant
,
he
doth
a
wrong
to
his
Lord
,
and
the
Lord
shall
have
Trespass
:
But
here
the
Commoners
claim
all
the
Herbage
,
and
so
exclude
the
Lord
totally
,
and
so
it
s
no
mischief
to
the
Lord
,
2
Sanders
326
,
327.
Hoskins
and
Robins
.
a
toto
tempore
,
&c.
consuetudo
,
&c.
and
then
shew
the
severance
,
as
in
Murrel's
Case
,
where
the
Lord
severs
the
Freehold
and
Inheritance
from
the
Copy-hold
,
Co.
8
Rep.
Swain's
Case
.
Where
a
Copy-holder
prescribes
for
Estovers
in
the
Soil
of
another
,
and
he
saith
,
That
all
Copy-holders
Ejusdem
tenementi
usi
sunt
,
&c.
where
he
ought
to
have
said
Ejusdem
manerij
,
&c.
This
Prescription
was
adjudged
void
,
21
Ed.
4.36
.
b.
63.
b.
Prescription
Pro
ligno
combustibili
,
is
good
,
2
Brownl.
330.
The
manner
of
Pleading
when
a
Lease
is
to
be
answered
,
which
is
set
forth
in
the
Avowry
.
In
Replevin
,
B.
avowed
for
Damage
feasant
,
and
sets
forth
,
That
the
Lady
J.
was
seized
of
such
a
Manor
,
whereof
the
place
where
,
&c.
and
leased
the
same
to
the
Defendant
for
years
,
&c.
The
Plaintiff
saith
,
That
long
time
before
,
King
H.
8.
was
seized
of
the
said
Manor
,
and
that
the
place
where
,
&c.
is
parcel
of
the
said
.
Manor
,
demised
and
demisable
by
Copy
,
&c.
and
that
the
said
King
,
by
such
an
one
his
Steward
,
demised
and
granted
the
said
parcel
unto
the
Ancestor
of
the
Plaintiff
,
whose
Heir
he
is
by
Copy
in
Fee
;
and
upon
this
there
was
a
Demurrer
,
because
by
that
bar
to
the
Avowry
the
Lease
set
forth
in
the
Avowry
is
not
answered
;
for
the
Plaintiff
in
bar
to
the
Avowry
ought
to
have
concluded
,
And
so
he
was
seized
by
the
Custom
,
until
the
Avowant
pretextu
of
the
said
Term
for
years
entred
:
And
so
it
was
adjudged
,
1
Leon.
p.
81.
Herring
and
Badcock
.
In
Ejectment
the
Defendant
pleads
,
Per
Cur.
the
Plea
is
naught
,
for
there
is
no
confession
and
avoydance
of
the
Lease
let
by
the
Plaintiff
;
for
the
Action
is
brought
as
of
a
Lease
of
Land
at
Common
Law
,
and
this
proves
,
that
the
Land
was
Copy-hold
Land
,
and
a
Copy-holder
cannot
make
a
Lease
for
years
,
unless
by
Custom
or
by
Licence
of
the
Lord
,
which
ought
specially
to
be
shewed
,
Cro.
El.
728.
Kensey
and
Richardson
.
In
Ejectione
Firmae
brought
by
the
Lessee
of
a
Copy-holder
,
Ejectione
Firmae
;
and
the
Defendant
cannot
plead
,
That
the
Plaintiff
by
Licence
did
not
demise
,
for
this
is
a
negative
pregnant
;
also
it
ought
to
appear
what
Estate
the
Lord
had
,
for
he
cannot
Lease
for
a
longer
time
than
he
had
in
the
Seigniory
;
as
suppose
he
is
only
for
Life
,
and
he
licenseth
for
21
years
,
and
dies
,
it
s
determined
,
2
Brownl
.
40.
Petty
and
Evans
.
In
Ejectment
,
The
Defendant
pleaded
a
Surrender
of
a
Copy-hold
by
the
Hand
of
F.
then
Steward
of
the
Manor
;
Issue
was
joyned
absque
hoc
,
that
he
was
Steward
.
Per
tot
.
Cur.
it
s
no
Issue
;
Cro.
El.
p.
260.
Wood
and
Butts
.
Pleads
Prescription
to
be
discharged
of
Tythes
.
Copy-holders
of
Inheritance
,
who
held
of
a
Bishop
as
of
his
Manor
,
may
prescribe
,
That
the
Bishop
and
his
Predecessors
,
seized
of
the
said
Manor
,
for
themselves
,
their
Tenants
for
Lives
,
Years
,
and
Tenants
by
Copy
of
Court
Roll
of
the
said
Manor
,
time
out
of
memory
,
&c.
have
been
discharged
from
payment
of
Tythes
for
their
Lands
,
parcel
of
the
said
Manor
;
for
this
is
a
good
Prescription
,
for
their
Tenements
are
parcel
of
the
Demesns
of
the
Manor
and
this
may
commence
upon
a
real
composition
of
all
the
Manor
,
1
Rolls
Abr.
652.
The
Case
was
thus
,
A
Parson
sues
a
Copy-holder
in
the
Spiritual
Court
for
Tythes
arising
upon
the
Copy-hold
Land
;
he
brought
his
Prohibition
,
and
suggests
that
the
Bishop
of
Winchester
,
Lord
of
the
Manor
,
whereof
his
Copy-hold
is
parcel
,
and
his
Predecessors
,
&c.
time
out
of
memory
,
&c.
for
them
,
their
Tenants
and
Farmers
,
have
been
discharged
of
Tythes
arising
upon
the
Manor
;
and
shews
that
he
had
been
Copy-holder
of
the
said
Manor
,
time
out
of
memory
,
&c.
and
prescribes
in
his
Lord
the
Bishop
of
Winchester's
Name
(
the
Spiritual
Court
would
not
allow
this
Plea
)
but
Per
Cur.
a
Prohibition
was
granted
although
here
be
a
Prescription
upon
a
Prescription
,
Cro.
El.
784.
Otherwise
a
Copy-holder
which
is
a
Temporal
person
cannot
prescribe
in
non
decimando
.
Prohibition
granted
out
of
B.
C.
against
the
Ordinary
of
G.
and
one
Branch
;
the
surmise
was
,
That
the
Land
out
of
which
the
Tythes
were
demanded
,
is
Copy-hold
,
parcel
of
a
Manor
,
of
which
a
Prior
was
seized
in
Fee
,
and
was
also
Parson
imparsonee
,
Per
Cur.
the
surmise
is
not
good
,
and
a
Consultation
was
awarded
;
it
was
no
good
Prescription
to
discharge
the
Tythes
,
Moor
Rep.
n.
356.
Branches
Case
.
A
Prohibition
prayed
,
upon
a
surmise
that
the
Dean
and
Chapter
of
C.
seized
of
the
Manor
and
Rectory
of
M.
and
one
G.
a
customary
Tenant
prescribes
,
That
every
Tenant
of
his
Tenement
hath
used
to
pay
3
s.
4
d.
to
the
Lord
,
who
is
also
a
Parson
,
in
discharge
of
his
Rent
and
a
fourth
part
of
the
Tythe
of
B.
Per
Cur.
it
s
no
good
Prescription
,
for
the
Parson
cannot
libel
for
the
Rent
,
nor
the
Lord
for
the
Tythe
,
Traverses
.
Cro.
Jac.
202.
Lane
and
Alexander
,
1
Brownl.
140.
mesme
Case
.
In
Ejectment
,
The
Defendant
pleads
the
Land
is
Copy-hold
,
parcel
of
the
Manor
of
S.
whereof
the
King
was
and
is
seised
,
who
by
his
Steward
granted
the
same
such
a
day
to
him
in
Fee
,
Habend
.
&c.
by
vertue
whereof
he
was
admitted
,
entred
and
was
seized
,
and
so
justifies
.
The
Plaintiff
replies
,
That
long
before
the
King
had
any
thing
in
the
Manor
,
Queen
Elizabeth
was
seized
in
Fee
,
in
Jure
Coronae
,
who
by
her
Steward
at
such
a
Court
,
granted
the
Land
in
question
by
Copy
,
to
him
in
Fee
,
Habend
.
&c.
secundum
consuet.
&c.
who
was
admitted
and
entred
;
Per
Cur.
the
Replication
is
good
,
and
the
Plaintiff
need
not
Traverse
the
Grant
alledged
in
the
Bar
,
by
the
Defendant
;
for
the
Plaintiff
hath
confessed
and
avoided
the
Defendants
Title
by
a
former
Copy
granted
by
Queen
Elizabeth
,
and
so
need
not
traverse
,
and
as
no
man
can
have
a
Lease
for
years
without
assignment
,
no
more
can
a
man
have
a
Copy
without
a
Grant
made
in
Court
,
Cro.
Jac.
p.
299.
Rice
and
Harrison
,
1
Brownl
.
p.
147.
mesme
Case
.
The
Plaintiffs
Replication
is
good
without
any
Traverse
,
for
how
can
the
Defendant
have
this
,
when
as
the
Plaintiff
had
it
before
,
as
by
his
Replication
appears
?
for
that
his
Lease
being
first
in
time
,
avoids
the
Defendants
Lease
,
being
the
latter
;
and
therefore
the
Defendant
in
this
case
,
ought
to
have
rejoyned
,
and
so
to
have
traversed
the
first
Lease
;
but
by
his
Demurrer
to
the
Replication
,
he
hath
confessed
the
Lease
under
which
the
Plaintiff
claims
;
mesme
Case
2
Bulstrode
,
p.
1.
6
Rep.
Helliar's
Case
.
A
man
pleads
a
descent
of
a
Copy-hold
in
Fee
;
the
Defendant
to
take
away
the
descent
,
pleaded
,
That
the
Ancestor
did
Surrender
to
the
Use
of
another
,
Per
Cur.
the
Traverse
is
ill
,
because
that
he
traversed
that
which
needed
not
to
be
traversed
;
for
being
Copy-hold
,
and
having
pleaded
a
Surrender
of
it
,
March
,
p.
21.
Anonymus
.
Copy-hold
Land
was
granted
by
the
Lord
of
a
Manor
,
10
May
,
3
Car.
to
the
Wife
of
Tho.
Kett
;
and
in
the
Replication
the
Defendant
justifies
as
Bayliff
to
Tho.
Kett
;
the
Plaintiff
confesseth
the
Land
is
Copy-hold
Land
,
but
that
the
Lord
granted
it
1
Jac.
to
N.
S.
in
Fee
,
who
had
two
Daughters
,
the
Wife
of
the
Plaintiff
,
and
the
Wife
,
of
Tho.
Kett
,
and
died
seized
,
and
that
the
Lands
descended
to
them
,
upon
which
it
was
demurred
.
By
Berkley
,
the
Grant
of
the
whole
ought
to
be
traversed
,
Per
Cur.
upon
the
whole
matter
disclosed
,
Quaere
if
a
Coparcener
cannot
distrain
upon
the
Land
of
another
,
El.
Cap.
5.
Judgment
was
pro
Quer.
Hutton
said
,
The
descent
which
was
pleaded
makes
the
second
Grant
void
;
but
by
Richardson
,
Though
it
be
avoided
,
yet
it
is
not
confessed
,
Hetly
,
p.
114.
Port
and
Yates
.
In
Replevin
,
the
Defendant
avows
for
damage
fesant
,
by
reason
of
a
Copy
granted
to
him
of
the
place
where
,
&c.
by
the
Lord
of
the
Manor
,
Cooper
Bishop
of
Winchester
.
The
Plaintiff
saith
,
That
before
Cooper
,
Horn
was
Bishop
,
by
whose
death
the
Temporalties
came
into
the
Queens
Hands
,
and
this
Copy-hold
,
during
the
time
that
the
Temporalties
were
in
the
Queens
Hands
,
Escheated
;
and
the
Queen
granted
it
to
the
Plaintiff
in
Fee
,
by
force
whereof
he
put
in
his
Beasts
,
Cooper
.
Per.
Cur.
this
Traverse
is
good
,
and
ought
to
be
,
for
there
is
not
any
confessing
and
avoiding
,
because
he
doth
not
confess
the
Seisin
and
grant
by
Copy
;
but
if
he
had
confessed
,
That
the
Bishop
had
entred
and
granted
it
by
Copy
,
J.
S.
the
Plaintiff
saith
,
That
J.
S.
enfeoffed
himself
,
it
is
not
good
without
a
Traverse
,
Cro.
El.
p.
754.
Covert's
Case
.
In
Ejectment
,
Cro.
Jac.
559.
Pimmock
and
Helder
.
The
Avowant
hath
Election
to
Traverse
any
part
of
the
Plea
which
goes
to
the
end
of
the
Action
,
or
justifies
the
Action
.
Quod
quaelibet
femina
cooperta
viro
,
joyning
with
her
Husband
in
a
Surrender
of
Copy-hold
Lands
;
and
being
privately
examined
by
the
Steward
,
that
this
by
the
Custom
is
a
good
Surrender
;
the
Plaintiff
replies
,
That
there
is
a
Custom
in
the
Manor
,
quod
quaelibet
,
&c.
who
is
of
full
Age
may
Surrender
;
but
the
Wife
who
surrendred
here
was
of
full
Age
,
and
doth
not
traverse
the
other
Custom
,
And
Per
Curiam
,
it
was
ill
,
Lit.
Rep.
174.
Anonymus
.
Presidents
and
Forms
of
Pleading
as
to
Copy-hold
Estates
.
The
Form
of
Pleading
that
a
Messuage
is
parcel
of
a
Manor
,
&
dimissibil
&
dimiss
.
per
Copiam
,
1
Sanders
146.
Wade
and
Batch
.
That
the
Lands
are
Copy-hold
Lands
,
&c.
2
Sanders
321.
Pleading
of
a
Surrender
made
in
the
Court
of
the
Lord
of
the
Manor
,
to
the
Use
of
J.
W.
in
Fee
,
and
of
the
Grant
of
the
Lord
to
the
said
J.
W.
accordingly
,
1
Sanders
146.
Pleading
of
the
Surrender
of
a
Remainder
of
a
Copy-hold
Estate
,
to
one
for
Life
,
to
another
for
Life
,
to
another
in
Fee
,
and
admission
of
them
accordingly
,
1
Sanders
147.
Pleading
the
Admittance
of
two
Tenants
in
the
Remainder
for
Life
,
the
Remainder
in
Fee
,
1
Sanders
147.
Wade
and
Batch
.
The
Form
of
Pleading
Copy-hold
in
Fee-simple
,
in
Tail
,
for
term
of
Life
or
Years
.
In
Fee-simple
,
Hern
p.
80.
Co.
Entr.
10.
647.
In
feod
simplici
,
Tail
,
Life
or
Years
,
Ra.
Ent.
627.
Co.
Ent.
206.
U.
B.
128
,
157.
Co.
Ent.
657
,
123.
Hern
679.
Ad
terminum
vite
vel
vitarum
,
Hern
653.
Ad
terminum
2
vitarum
successive
,
Hern
72.
Ad
terminum
1
,
2
vel
3
vitarum
successive
,
Hern
83
,
123.
Simile
in
possessione
,
Hern
711.
Ad
terminum
vite
vel
vitarum
tam
in
possessione
quam
in
Reversione
,
Co.
Ent.
373
,
672.
Ad
terminum
1
vel
2
vitarum
in
possessione
&
1
vite
in
Reversione
,
Hern
724.
Ad
Terminum
1
vite
in
possessione
,
&
1
vel
2
vitarum
in
Reversione
,
Hern
254.
Ad
terminum
1
,
2
vel
3
vitarum
in
possessione
vel
2
vitarum
in
reversione
unius
vite
in
possessione
,
Coke
Ent.
p.
184
,
3
Br.
745.
Pleading
Surrender
.
Surrender
in
Cur
ad
usum
in
feod
.
Ra.
Entr.
627.
Co.
Entr.
206.
3
Br.
465.
Extra
Curiam
in
manus
2
Tenent’
ad
usum
in
feod
,
Co.
Entr.
575
,
645.
Co.
Entr.
207.
In
manus
Dom
,
Co.
Entr.
575.
Per
Tenant
pur
vie
,
de
moiety
al
use
des
Fitz
,
Hern
255.
Per
2
Tenants
pur
vie
al
intent
de
regrant
,
Hern
656.
Per
Feme
Covert
secret’
examinatur
,
Co.
Entr.
576.
3
Br.
465.
Per
Attorn
secundum
consuetudinem
Manerij
,
Co.
Entr.
657.
Per
literam
Attoruat’
,
Co.
Entr.
576.
Presentment
per
l'
homage
de
surrender
extra
Curiam
,
Co.
Entr.
206.
Simile
per
tenent’
jacen
in
extremis
,
Co.
Ent.
206.
Admissio
secundum
sursum
redditionem
,
Co.
Entr.
207
,
575
,
bis
577
,
645
,
657.
Admissio
heredis
super
descensu
,
Cro.
Entr.
575
,
657.
Dom
concessit
querenti
terras
custumar
que
ei
descend
,
restituend
eum
ad
jus
,
ubi
terre
fuer
prius
concesse
alij
,
qui
obiit
,
Ra.
Ent.
628.
Dominus
ob
certas
causas
seiseivit
terras
custom
&
concessit
eas
in
feod
al
W.
cui
Vir
et
Vxor
propretarij
unde
relaxaverunt
jus
,
3
Br.
464.
Dominus
ex
traditione
propria
grant
al
un
pur
vie
per
Copie
,
1
Coke
117.
Grants
.
Grant
per
Copie
in
Fee
,
Rast.
Entr.
627.
Co.
Ent.
9
,
10
,
123
,
274
,
645
,
611
,
657.
3
Br.
97
,
464.
Hern
81
,
226
,
707.
Simile
al
Baron
&
Feme
,
Ra.
Entr.
627.
Simile
al
Baron
&
Feme
&
Heires
del
Feme
,
Cro.
Encr.
575.
Al
un
pur
vie
ove
several
Remainders
in
Tayl
,
&
in
defectu
exitus
quod
terre
venderentur
,
&
deuar
inde
provenien
disponerentur
juxta
Testamentum
,
Co.
Ent.
207.
Al
un
pur
vie
,
Co.
Ent.
576
,
662.
Al
2
pur
vies
,
Co.
Ent.
273.
Hern
73.
Al
3
pur
vies
successive
,
Hern
83
,
711.
Al
un
pur
vie
en
Reversion
,
Hern
255.
Grant
al
un
pur
vie
in
Reversion
apres
mort
de
Tenant
pur
vie
per
primer
grant
,
Hern
724.
Simile
al
2
pur
vies
in
Reversion
;
Co.
Ent.
114.
bis
662.
Per
Senescallum
Regis
,
ratione
Temporal
Episcopatus
in
manu
Regis
duran
vacac
.
Co.
Entr.
645.
Grant
reddend
&
faciend
redditus
consuetudines
&
servitia
consueta
,
Co.
Ent.
662.
Terres
grant
per
nosmes
,
Co.
Entr.
662.
Hern
254
,
255.
Pleading
a
Manor
held
by
another
Manor
,
11
Rep.
p.
17.
Sir
Henry
Nevil's
Case
.
Cur
tent’
coram
Dept’
Senescallo
,
Co.
Entr.
570.
Forms
of
Pleadings
of
Lords
and
Copy-holders
in
reference
to
Common
.
Per
Dom
Manerij
habere
communiam
pro
tenentibus
Custumariis
,
Hern
117
,
124.
Rex
Seisitus
de
Manerio
habuit
communiam
Pasture
in
bosco
pro
se
&
liberis
tenent’
&
custumar
manerij
pro
omnibus
averijs
ꝑ
tot’
Annum
,
Co.
Entr.
656.
Rector
Ecclesie
seisitus
de
Manerio
Rectorie
habuit
communiam
pro
se
&
tenen
custumar
Messuag'
&
Terrarum
in
loco
in
quo
,
&c.
pro
omnibus
magnis
averiis
per
tot’
Annum
,
Co.
Entr.
574.
Vn
seisitus
de
Manerio
habuit
communiam
pro
se
&
tenen
suis
in
terris
tent’
de
manerio
,
quando
non
seminantur
,
Co.
Entr.
118
,
Quer
seisitus
de
manerio
habuit
communiam
pastur
pro
tenen
custumariis
Messuag'
&
Terrarum
in
10
Acres
Pasture
pro
omnibus
averiis
per
tot’
Annum
,
Co.
Entr.
9.
9
Co.
112.
Hern
117.
Domini
separalium
Maneriorum
habuer
communiam
pasture
pro
tenen
custumariis
causa
vicinagij
,
Co.
Entr.
10.
vet’
intur
191.
de
injur
propr
&
traverse
prescript’
.
Prior
seisitus
de
manerio
habuit
communiam
pro
se
&
tenementis
suis
ad
voluntatem
,
in
terra
,
post
blada
asportata
usque
reseminationem
,
&
quando
facet
frisca
per
tot’
annum
,
Et
in
prato
post
foenu
asport’
usque
Purit'
,
Rast.
Entr.
622.
1
Brownl.
66.
Trans̄
bar'
per
prescription
de
communia
in
clauso
parcel
Manerij
.
Repl
protestando
quod
clausum
non
est
parcel
Manerij
,
pro
placito
de
injur
propria
,
&
travers
prescription
,
3
Browl.
418.
Iustificat’
in
Trans̄
pro
common
per
Custome
infra
Manerium
pro
defectu
sufficien
fensur
Def.
existen
.
Lessee
p̄
ans
d'un
Widdw
que
tenuit
terras
per
Custome
quamdiu
casta
&
innupta
viveret
,
Tomps
.
331.
Trans
.
Iustificat’
pro
common
&
prescribe
in
in
Dom
Manerij
,
Tomps
.
371
,
379
,
392
,
418.
Pled
que
customarij
Tenants
debent
habere
solam
&
separalem
pasturam
cum
liberis
tenentibus
pro
omnibus
averiis
(
barbits
except
.
)
Levant
&
Couchant
,
1
Sanders
347.
2
Sanders
321.
Pled
que
custumary
Tenants
usi
sunt
habere
separalem
pasturam
come
appurtenant
Tenementis
suis
,
2
Sanders
351.
Per
Lessee
del
Copyholder
,
de
Turbis
fossis
in
communia
pasture
,
Hern
80.
Simile
pro
,
Hern
116.
Bar
in
Repleḡ
,
That
he
is
Copyholder
of
another
Manor
of
Copy-hold
,
called
P.
and
prescribes
for
Common
in
loco
quo
,
&c.
omni
tempore
Anni
pro
omnibus
averiis
communicalibus
Levant
&
Couchant
,
sur
le
Cohy-hold
appell.
P.
&
que
posuit
averia
sua
utendo
communia
,
Repl
per
Traverse
que
barbits
la
fuer
Levant
&
Couchant
,
&c.
Demur
special
,
the
Traverse
not
being
good
,
Winch
Entr.
p.
970.
By
four
Judges
the
Traverse
was
good
;
it
s
an
essential
part
of
the
Plea
,
and
the
Avowant
hath
election
to
Traverse
any
,
part
of
the
Plea
which
goes
to
the
end
of
the
Action
or
Justification
.
Pled
Custome
aver
common
in
loco
in
quo
,
&c.
Repl
de
son
Tort
Demesne
&
traverse
que
les
avers
fuer
Levant
&
Couchant
sur
le
Copy-hold
Tempore
quo
,
&c.
Rej.
&
issue
sur
le
Traverse
,
Winch.
1068.
ad
1071.
Def.
in
Trespas
plead
severally
pro
def●●
sufficien'
fensur
&
monstre
lour
Title
al
Copy-hold
Estates
,
Tomps
.
410.
Iustificat’
p̄
Common
per
Custome
per
un
Copyholder
,
Toms
.
410.
Custome
pleaded
,
quod
tenen
custumarii
habeant
communiam
pasture
per
tot’
Annum
in
terris
parcel
Manerij
,
Hern
81.
Simile
in
terris
non
allegat’
fore
parcel
Manerij
,
Hern
708.
Simile
pro
averiis
vocat’
Horse-Beasts
,
Neat-Beasts
,
Levant
,
&c.
per
totum
Annum
,
Coke
Etr.
10.
Simile
pro
bobus
levan
a
festo
ad
festum
in
pastura
,
3
Br.
61.
Simile
in
7
acris
terre
post
blada
messa
&
asportat’
ex
eisdem
&
resid
camporum
usque
Annunciac̄
nisi
interim
seminat’
,
3
Br.
96.
De
Arboribus
.
Bar
to
the
Avowry
,
That
Sir
R.
D.
was
seized
of
the
Manor
of
R.
Vnde
,
&c.
locus
in
quo
,
contains
14
Acres
,
and
are
customary
Lands
,
held
of
the
said
Manor
,
Sir
Robert
granted
this
by
Copy
to
T.
who
dyed
,
and
the
Premisses
descended
to
T.
his
Son
,
&c.
who
demised
for
a
year
to
the
Plaintiff
.
Replication
,
The
Defendant
confesseth
the
seisin
of
Sir
Robert
,
but
said
the
20
Acres
of
Land
,
and
30
Acres
of
Meadow
(
of
which
the
4
Acres
are
parcel
)
are
custumary
Lands
of
the
said
Manor
,
which
Lands
Sir
Robert
granted
by
Copy
to
T.
T.
the
Father
.
T.
the
Father
forfeits
his
Copy-hold
Land
for
Waste
,
and
Sir
Robert
enters
for
the
Forfeiture
,
&c.
Rejoynder
,
the
Plaintiff
confesseth
the
matter
in
the
Replication
to
the
seisin
of
T.
T.
the
Father
:
And
farther
the
Plaintiff
shews
,
the
Custom
of
the
Manor
was
for
every
Copy-holder
d'amputer
&
decapiter
tam
touts
arbores
que
devant
ustoient
estre
amputes
,
&
decapitates
quam
touts
juveniles
arbores
n'esteant
pluis
que
12
Inches
square
al
stubb
.
The
Trees
supposed
to
be
decapitated
by
the
Father
,
were
decapitable
by
the
Custom
,
&c.
Demur
.
Winch
Ent.
1022.
&c
:
Drury's
Case
.
Bar
al
cognizance
,
Dean
&
Cap.
West
.
seisit’
de
Manor
de
T.
a
quel
certain
custumary
Tenants
appertain
,
&c.
S.
H.
fermor
del
Dean
&
Cap.
&
Senesc
del
Manor
al
Court
tenus
28
March
grants
al
Plaintiff
in
Fee
,
secundum
consuetudinem
le
lieu
in
Question
parcel
del
Manor
.
Custom
del
Manor
fuit
pro
chesun
Tenant
aver
common
en
le
lieu
in
Question
,
per
que
le
Plaintiff
mit
sa
vache
pur
user
sa
common
jesque
,
&c.
Repl.
per
confession
vel
grant
des
custumarie
Terres
al
Plaintiff
,
mes
ouster
il
replie
que
D.
&
Cap.
7
May
8
Jac.
demised
al
H.
H.
le
dit
Manor
pur
vies
del
A.
sa
feme
H.
son
fitz
.
&
J.
sa
file
,
&
que
un
auter
Close
de
Pasture
nosme
L.
estreant
custumarij
terres
28
March
18
Jac.
fuer
grant
per
H.
al
Green
in
Fee
,
&
Green
10
June
,
fist
Waste
per
succision
de
Timber
(
Ash
)
in
le
man
21
April
15
Jac.
le
Plaintiff
ove
auters
del
Homage
fuit
jure
d'enquirer
des
choses
enquirables
deins
le
Manor
,
le
Plaintiff
refuse
a
presenter
le
Waste
pur
que
il
forfeit’
son
Copy-hold
,
le
Seignior
12
July
,
15
Jac.
enter
&
le
Def.
come
Bayliff
a
luy
distreine
pur
damage
fesant
.
Rej.
Quod
protestand
que
Senescal
ne
done
luy
un
charge
de
presenter
le
Waste
&
que
il
nemy
refuse
a
presenter
ceo
pro
placito
dic
qd
D.
&
Cap.
demise
al
H.
prout
devant
&
que
il
grant
al
Green
en
Fee
,
&
monstre
Custome
del
Manor
que
chesun
Ten
poet
crop
&
lop
arbores
crescents
sur
leur
customary
Terres
(
except
Fruit
Trees
,
)
&
traverse
le
succision
del
Ash
in
le
man
la.
Demur
gen̄al
al
Rejoynder
,
Winch
Entr.
931.
al
934.
Adjudged
pro
Quer
sur
gross
default
in
Pleading
;
the
Forfeiture
is
alledged
to
be
in
May
,
and
the
Court
was
holden
in
April
before
,
which
was
impossible
,
Vide
mesme
Case
Winch
Rep.
p.
63.
Webb
and
Barlow
.
Vide
Winch
Ent.
125.
al
129.
Custom
that
every
Tenant
had
used
to
take
Woods
and
Underwoods
,
2
Brown
350
,
251.
1
Brown
273
,
274.
De
Aquae
cursu
.
Prescript’
per
seperales
Dominos
Manerii
de
aqua
pro
tenen
custumariis
,
Hern
255.
De
Chimin
.
Way
.
Pro
domino
Manerii
habere
viam
,
&c.
ꝑ
tenen
custumariis
trans
diversa
clausa
,
&c.
Hern
72
,
711.
1
Brown
368.
Prescription
to
have
an
Horse
and
Foot-way
appertaining
to
a
customary
Messuage
and
Close
,
over
the
Close
newly
assigned
,
and
the
Lord
of
the
Manor
grants
to
Tenant
for
Life
,
by
Copy
.
Defendant
justifies
as
Servant
to
Tenant
for
Life
,
for
to
use
the
way
.
Replication
de
son
Tort
Demesn
,
with
a
Traverse
of
the
Prescription
.
Rejoinder
,
by
maintainance
of
the
Prescription
,
and
Issue
upon
this
,
Winch
1093.
Lock
and
Troublefield
.
Bar
in
Trespass
,
That
every
Copy-holder
had
an
Horse
and
a
Foot-way
,
&c.
2
Brown
248
,
249.
De
Inclosures
.
Facere
sepes
&
fensuras
clausi
versus
venellam
,
ne
averia
tenen
custumar
ibidem
evadant
pasturam
,
Hern
p.
708.
De
Forisfacturis
.
Trns̄
Bar
quod
P.
seisitus
de
maner
grant
custumar
terres
all
Def.
pur
vie
,
Repl
Def.
forisfecit
terras
per
non
residence
per
custom
.
Rejoynd
Def.
fuit
residens
apud
manerium
&
non
extra
.
V.
B.
157.
Trns̄
Bar
per
Franktenement
,
Repl
Terres
sunt
custumar
&
grant
al
Def.
in
Fee
.
Rejoynd
quer
forisfecit
terras
per
succissonem
arborum
Sur
maintenance
de
Replic
.
Demur
inde
,
Co.
Ent.
277
,
280.
Similis
Bar
&
Replic
.
Rej.
quod
quer
forisfecit
terras
per
decasum
horrei
.
Surrej
.
Dominus
expulsit
quer
&
dimisit
aliis
.
Horreum
cecidit
.
Quer
reintravit
.
Et
travers
quod
quer
fecit
voluntarium
vastum
permittend
horreu
cadere
,
Co.
Entr.
280.
Similes
Bar
&
Repl
Rej.
quer
forisfecit
terras
per
sectam
Curie
infactam
.
Surrej
.
Dominus
expulit
quer
&
dimisit
alij
Cur
tent’.
.
quer
reintravit
,
Et
postea
Curia
tent’
ad
quam
quer
fecit
defalt’
Demur
inde
,
Co.
Entr.
289.
Des
terres
devises
pur
Cond
broken
&
Heir
enter
,
1
Rep.
21.
In
Replevin
,
the
Defendant
makes
conizance
as
Bayliff
to
Sir
Robert
Chichester
,
by
Damage
fesant
.
Bar
to
the
Conisance
,
Sir
Iohn
Chichester
,
Father
to
the
said
Sir
Robert
,
seized
of
the
Manor
of
D.
unde
locus
in
quo
est
parcel
,
and
customary
Lands
in
Fee
,
granted
by
Copy
to
Geo.
Allen
in
Reversion
for
Life
:
Tenant
in
possession
dyes
,
Geo.
Allen
enters
,
and
the
Manor
descended
to
Sir
Robert
.
Geo.
Allen
espoused
the
Plaintiff
,
and
dyes
.
The
Custom
of
the
Manor
was
,
That
the
Wife
of
every
customary
Tenant
pur
vie
,
dying
in
possession
shall
have
her
Widows
Estate
,
by
which
her
Husband
being
dead
,
the
Plaintiff
enters
and
was
seized
for
Life
,
and
put
in
her
Beasts
till
the
Defendant
took
them
,
&c.
Replication
,
the
Defendant
confesseth
the
bar
,
as
far
as
the
entry
of
the
Husband
of
the
Plaintiff
,
and
the
descent
of
the
Manor
to
Sir
R.
But
saith
the
Plaintiffs
Husband
such
a
day
committed
Felony
,
by
stealing
a
Mare
,
and
was
Executed
for
this
;
for
which
the
Lord
entred
as
forfeited
.
Demur
general
,
and
Joynder
,
Winch
Ent.
968.
to
to
970.
Allen
and
Branch
.
By
Winch
,
the
Woman
shall
not
have
her
Widows
Estate
without
special
Custom
,
as
in
Gavelkind
,
The
Father
to
the
Bough
,
the
Son
to
the
Plough
.
Similes
Bar
&
Repī
.
Rejoynd
.
maintenance
de
franktenement
&
traverse
le
grant
per
Copie
,
Co.
Entr.
280.
Similes
Bar
&
Repl.
Rej.
quod
quer
forisfecit
terras
per
Forgery
del
Roll
de
Customes
.
Surrej
.
Quer
&
alij
tenentes
agreaverunt
ponere
consuetud
manerij
in
script’
,
&
traverse
Forgery
,
Co.
Entr.
280.
Forisfactt’
(
pleaded
)
pur
fine
insolut’
Surrej
.
quod
finis
non
fuit
rationabilis
.
Demur
ind.
Co.
Entr.
645
,
647.
Forfeiture
de
terme
per
tenant
pur
ans
&
demise
pur
vie
,
Plo.
188.
Simile
by
Fine
levied
,
Co.
Entr.
691.
1
Rep.
71.
Hern
25.
De
terme
pur
felo
de
se
,
Plo.
254.
Rast.
Entr.
609.
De
Estate
de
tenant
pur
vie
per
alienation
in
Fee
,
Ra.
Ent.
65
,
208
,
398
,
647.
1
Rep.
107.
Vet.
Intr.
30
,
121.
Per
Recovery
per
fraud
en
Formedon
,
Ra.
Ent.
643.
1
Rep.
82.
Bars
per
franktenement
.
Repl.
quod
terre
sunt
cust
.
bars
que
sunt
customary
terres
,
&c.
Trns̄
.
Bar
quod
C.
seisitus
de
maner
grant
customar
terres
al
D.
de
quo
descend
al
Def.
Repl
quod
maner
descend
quer
qui
fuit
seisitus
quousque
trans̄
&
travers
quod
terres
sunt
customar
V.B.
153.
Dower
.
Ra
Ent.
231.
Repl
Bar
quod
F.
seisitus
in
see
prist
al
baron
Def.
qui
est
Tenant
per
le
Curtesie
.
Repl
terres
sunt
customarie
,
&
travers
quod
F.
fuit
seisitus
in
Fee
,
Hern
681.
Trns̄
.
Bar
quod
terre
sunt
Liberum
Tenement’
.
Def.
Rej.
quod
terre
sunt
custumar
&
fuer
dimiss
.
quer
per
copiam
.
Repl.
per
maintenance
de
frank-tenement
&
traverse
grant
per
Copie
,
Co.
Ent.
180.
per
Title
Surrender
&
Admittance
,
Fine
.
Repl
Bar
per
Title
al
custumarie
terres
al
J.
Feme
de
H.
in
Fee
,
&
descent
al
Def.
Repl
H.
&
J.
ad
talem
curiam
(
ead
J.
existen
sola
examinat’
per
seneseal
)
surrender
al
use
de
quer
Rej.
maintenance
de
discent
,
&
travers
quod
J.
fuit
sola
examinat’
,
3
Brownl.
270.
Trns̄
Bar
quod
J.
seisitus
de
terris
custumar
surrender
al
use
de
S.
qui
fuit
admit
,
&
descent
.
Def.
replie
qd
I.
surrender
sur
condicon
de
payment
.
Et
quod
obtulit
denar
quos
def.
recusavit
.
Rej.
non
obtulit
denar
,
Co.
Ent.
657.
Repl
Bar
quod
D.
seisitus
de
maner
grants
custumar
terres
al
Def.
pur
vie
.
Replic
S.
prius
seisitus
de
Maner
grant
al
Plaintiff
pur
vie
.
Rej.
Plaintiff
surrender
al
use
del
J.
&c.
Surrej
.
maintenance
del
Avowry
&
Traverse
le
surrend
,
Hern
653.
&
753.
Vide.
J.
Co.
Ent.
575.
Trns̄
Bar
quod
E.
seisitus
de
Manor
pur
vie
grant
al
Def.
in
Fée
.
Repl'
H.
seisitus
de
rever
de
Manor
puis
mort
de
E.
grant
terres
al
quer
&
Traverse
grant
al
Def.
Co.
Ent.
660.
Trns̄
Bar
quod
Abbas
seise
de
Manor
grant
custumar
terres
al
J.
&
H.
in
Fée
.
H.
surrend
al
use
de
R.
qui
fuit
admit’
&
de
luy
descend
al
Def.
Replic
quod
Terres
descendebant
juniori
filio
per
consuet’
manerij
.
Abbot
granted
al
dit
R.
contra
consuet’
qui
mor
seise
.
Abbas
restituend
grant
al
quer
junior
.
filio
&
traverse
que
Abbas
granted
al
J.
&
H.
Rast.
Ent.
627.
Trn̄s
Bar
quod
dominus
manerij
ob
certas
causas
seisivit
terras
custumarias
unde
E.
fuit
seisitus
pur
vie
&
grant
al
M.
in
Fóe.
E.
Release
.
M.
Surrend
al
use
de
Def.
qui
fuit
admissus
.
Repl'
E.
mor
seisie
,
&
discent
querent’
&
Traverse
le
Release
,
3
Browl.
463.
Trns̄
Bar
quod
T.
seisitus
de
Manor
grant
per
Copie
al
Def.
pur
vie
.
Repl'
Abbot
prius
seisitus
grant
al
R.
pur
vie
,
&
puis
grant
le
Revereon
al
Plaintiff
pur
vie
.
Rej.
Abbot
devant
grant
in
reversion
demise
Manor
pur
ans
al
J.
le
Roy
seise
per
surrend
del
Abbot
grant
Manor
al
dit
T.
Surrej
.
Maintenance
de
grant
in
Reversion
per
Copie
&
Traverse
demise
de
Manor
,
Co.
Entr.
662.
Trans̄
Bar
ꝑ
frank-tenement
.
Repl'
que
terre
fuit
customar
&
fuit
grant
per
Copie
pur
vies
.
Et
per
Custome
Feme
Plaintiff
est
seise
p̄
son
free
Bench
,
3
Brownl.
474.
Trns̄
Bar
ꝑ
frank-tenement
.
Replic
R.
seisitus
de
Manor
grant
ꝑ
Copie
en
Fée
al
J.
qui
surrender
al
use
de
Plaintiff
qui
est
admit
.
Rej.
ꝑ
consuetud
maner
Dominus
habere
debet
finem
pro
admissione
.
Et
quer
forisfecit
ter̄as
ꝑ
finem
insolut’
.
Sur̄ej
.
finis
non
fuit
rationabilis
Demur
inde
,
Co.
Ent.
657.
Quod
J.
seisitus
de
maner
unde
ter̄e
custumar
discend
fun
filio
ꝑ
consuet’
concessit
ter̄as
viro
&
Vx.
&
her̄d
viri
Vxor
suꝑ
vixit
,
&
reversio
discend
fratri
&
de
eo
dese
.
juniori
filio
,
Hern
679.
Bar
in
Repl
quod
T.
W.
was
seized
of
the
Manor
of
H.
(
unde
locus
in
quo
est
parcel
&
custumar
ter̄es
)
in
Fee
.
Custom
of
the
Manor
was
for
every
Tenant
to
hold
successive
,
as
they
are
named
in
the
Copy
.
W.
grants
to
Iohn
Podger
and
E.
and
M.
his
Daughters
,
for
their
Lives
.
Iohn
enters
and
was
seized
for
Life
,
he
dyes
,
and
E.
enters
and
was
seized
for
Life
;
she
afterwards
marries
the
Plaintiff
,
by
which
he
was
seized
in
right
of
his
Wife
and
put
in
his
Beasts
,
until
,
&c.
and
avers
the
Life
of
the
Wife
.
Repl
Def.
protestando
the
place
in
Question
is
not
parcel
of
the
Manor
of
H.
&c.
pro
placito
,
he
confesseth
the
seisin
of
W.
of
the
said
Manor
,
unde
,
&c.
and
that
there
was
such
a
Custom
as
the
Plaintiff
hath
alledged
;
and
that
W.
granted
to
Podger
and
his
Daughter
for
Lives
,
and
shews
the
entry
and
seisin
of
the
Father
:
But
farther
saith
,
That
W.
by
Indenture
Enrolled
,
bargained
and
sold
the
place
in
Question
to
Iohn
Podger
in
Fee
,
and
the
Act
of
27
H.
8.
De
uses
&
proclamat’
upon
a
Fine
,
according
to
the
4
H.
7.
and
the
Fine
levied
to
the
Use
of
Iohn
Podger
in
Fee
;
he
dyes
and
the
Premisses
descend
to
Marmaduke
his
Son
,
who
levies
another
Fine
of
the
Premisses
to
the
Use
of
him
and
M.
his
Wife
,
and
the
Heirs
of
the
Husband
:
The
Husband
dies
,
his
Wife
survives
,
and
enters
into
the
Premisses
;
and
after
the
Plaintiff
enters
and
puts
in
Beasts
,
&c.
upon
whose
possession
the
Wife
re-enters
,
and
the
Defendant
takes
the
Beasts
of
the
Plaintiff
.
E.
did
not
claim
within
five
years
,
and
that
the
Plaintiff
and
his
Wife
were
barred
.
Upon
Demurrer
general
to
the
Replication
and
Rejoinder
,
the
Judgment
of
the
Court
was
,
That
the
Fine
was
not
a
bar
,
Winch
Ent.
p.
926
ad
929.
Vide
the
Argument
of
this
Case
,
9
Rep.
Margaret
Podgers
Case
.
Avowry
ꝑ
Lessée
p̄
ans
del
Evesque
p̄
Damage
Fezant
,
&
averre
le
vie
del
Evesque
Bar
que
le
lieu
est
parcel
d'un
Mannor
&
demisable
ꝑ
Copie
,
&
intitle
luy
mesme
ꝑ
Copie
grante
ꝑ
pdecessor
del
Evesque
.
Defend
maintaine
son
Avowry
&
Traverse
le
Prescription
del
Copy-hold
,
placita
Gen
&
Spec
,
579.
Bar
to
the
Conisance
in
Replevin
,
That
the
10
Acres
are
Copy-hold
,
parcel
of
the
Manor
of
W.
And
King
H.
8
seized
of
this
Manor
,
grants
by
Copy
the
said
10
Acres
to
R.
D.
he
dies
,
and
a
descent
to
Grace
and
Alice
his
Daughters
and
Co-heirs
.
Grace
dies
,
a
descent
to
S.
E.
her
Son
,
who
demiseth
his
part
for
a
year
.
Kepe
the
Defendant
protestur
that
the
10
Acres
are
not
Copy-hold
,
and
that
King
H.
8.
had
not
granted
to
R.
pro
plto
,
That
King
H.
8.
was
seized
of
those
10
Acres
in
Fee
,
&
in
jur
corone
,
and
died
seized
,
and
descent
to
King
Edw.
6.
who
grants
them
to
K.
F.
and
W.
F.
in
Fee
.
R.
releaseth
to
W.
W.
dyes
sole
seized
,
descent
to
W.
his
Son
and
Heir
.
W.
the
Son
dies
without
Issue
,
descent
to
K.
Father
of
W.
in
the
Conisance
;
Fine
with
Proclamation
to
the
Use
of
R.
F.
Father
of
the
said
W.
(
in
the
Conisance
named
)
seisin
in
Fee
.
R.
dies
,
descent
to
W.
(
named
in
the
Conisance
)
who
entred
and
was
seized
in
Fee
,
and
because
the
Beasts
were
Damage
fesant
he
maintains
his
Conisance
.
Demurs
,
and
Judgment
pro
Quer
,
for
that
the
Replication
doth
not
confess
or
avoid
,
nor
deny
the
bar
to
the
Avowry
,
Winch
Ent’
.
p
,
997
,
998
,
999.
Foster
and
Woodcock
.
Eject
.
Bar
que
W.
seisitus
de
Manor
grants
custumar
ter̄es
in
Reversion
al
Def.
&
auters
pur
vies
.
Repl
que
W.
demised
ceo
Manor
al
C.
&
R.
determinable
pur
vie
del
M.
ils̄
assigne
al
M.
qui
grant
Reversion
de
ter̄es
al
H.
pur
vie
.
Rej.
que
D.
fuit
prius
seisitus
de
Manor
que
descend
al
3
Coheirs
quas
W.
disseise
,
&c.
Surrej
ꝑ
maintenance
de
Replic
&
Traverse
le
disseisin
,
Demur
inde
Co.
Ent.
184.
Replev
.
Quod
Reg.
Eliz.
seisita
de
manerio
unde
,
&c.
concessit
ter̄as
custumar
R.
&
M.
Vxori
ejus
&
hered
Vxoris
qui
sursum
reddider
ad
usum
Def.
Bar
quod
W.
prius
seisitus
de
maner
concessit
terras
al
J.
de
quo
descend
al
P.
qut
sursum
reddidit
al
A.
qui
sursum
reddidit
al
M.
pur
vie
qui
dimisit
quer
Repl
quod
W.
ante
concession
al
J.
concessit
ter̄as
al
B.
de
quo
discend
al
M.
qui
sursum
reddidit
Def.
&
travers
grant
al
J.
&
issue
inde
,
Co.
Ent.
575.
Quod
J.
seisitus
de
maner
unde
,
&c.
concessit
Def.
pro
vita
in
Reversion
ter̄as
custumar
dimissibil
pro
2
vitis
tam
in
Possessione
quam
in
Reversione
,
Hern
724.
Trns̄
quod
C.
seisitus
de
manerio
concessit
ter̄as
customar
in
feod
al
B.
de
quo
descend
Def.
Repl
C.
fuit
sisitus
de
manerio
unde
,
&c.
quod
discend
quer
&
traverse
quod
ter̄e
sunt
custum
,
U.
B.
153.
Trns̄
Def.
justif
.
sub
tenent’
custum
&
monstroit
le
Estate
de
Copyhold
durante
viduitate
,
Tomps
.
395.
Trn̄s
&
novel
assignmt’
Def.
dicit
quod
pmissa
tempore
,
&c.
parcel
&
custmaria
&
dimissibilia
ꝑ
cop
.
cuicunque
ꝑsone
ill
capere
volent
in
Talliat’
seu
pro
vita
.
Et
quod
F.
G.
pd
fuit
seisitus
ad
cur
tent’
26
Martij
,
dimisit
cuidam
W.
in
feodo
qui
dimisit
Def.
pro
Anno
virtute
cujus
,
&c.
&
done
Colour
.
Repl
quod
pmissa
sunt
liberum
tenementum
quer
&
sic
manutenet
nar̄ationem
&
traverse
que
pmisse
fuer
parcel
manerij
de
L.
Rej.
&
exitus
sur
traverse
.
Keb.
465
,
467.
In
Repl
Copyhold
in
Reversion
ꝑ
copiam
tenent’
in
possessione
advocat
captionem
pur
Damage
fesant
&
custom
del
Manor
granter
Estates
en
possession
ou
reversion
,
Hern
777.
CAP.
XXXIII
.
Evidence
,
Tryal
,
Issue
.
What
shall
be
a
good
Evidence
to
prove
the
Custom
alledged
or
not
.
Presumptive
Evidence
.
Where
Copy
of
a
Lease
is
good
Evidence
.
What
shall
be
tryed
by
the
Jury
,
and
what
by
the
Court-Rolls
.
Substance
found
in
special
Verdict
.
Who
may
be
admitted
to
give
Evidence
.
When
Issue
is
taken
upon
a
Surrender
,
where
to
be
Tryed
.
Venue
.
What
shall
be
a
good
Evidence
to
prove
the
Custom
or
not
.
THE
Custom
of
a
Manor
was
laid
to
be
,
That
if
a
Copy-holder
hath
two
Sons
and
a
Wife
,
and
dyes
,
and
the
eldest
Son
hath
Issue
and
dies
in
the
Life
of
the
Wife
,
that
the
younger
Son
shall
have
the
Land
,
the
Issue
being
upon
the
Custom
;
the
Jury
found
the
Custom
to
be
,
That
the
younger
Son
shall
have
the
Land
,
unless
the
eldest
was
admitted
in
his
Life
,
and
paid
the
Lords
Fine
.
Per
Curiam
,
the
Verdict
is
not
sufficient
to
prove
the
Issue
,
Moor
,
n.
566.
In
Replevin
,
If
the
Defendant
justifies
the
taking
as
Damage
fesant
.
The
Plaintiff
in
bar
pleads
by
reason
of
a
Common
to
such
a
Copy-hold
,
for
all
Beasts
Levant
and
Couchant
,
and
avers
that
these
Beasts
were
Levant
and
Couchant
,
&c.
upon
which
the
Parties
were
at
Issue
;
and
it
is
found
that
part
of
the
Beasts
were
Levant
and
Couchant
,
Jac.
B.
Sloper
and
Allen.
The
Issue
was
in
Kemp
and
Carters
Case
,
1
Leon
.
Case
70.
p.
55.
If
the
Lord
of
the
Manor
granted
the
Lands
in
question
,
Per
copiam
rotulorum
curiae
Manerij
praed.
secundum
consuetud
.
Manerij
praed.
It
was
given
in
Evidence
,
That
within
the
said
Manor
were
divers
custumary
Lands
,
and
that
the
Lord
,
now
of
late
,
at
the
Court
of
the
said
Manor
,
granted
the
Land
per
Copiam
Rotulorum
curiae
,
where
it
was
never
granted
by
Copy
before
:
Per
Cur.
the
Jury
are
bound
to
find
Dominus
non
concessit
,
for
notwithstanding
de
facto
Dominus
concessit
per
Copiam
Rotulorum
curiae
,
promiscue
valere
,
through
the
whole
Manor
.
In
an
Action
brought
,
The
Defendant
alledgeth
a
Custom
of
a
Copy-hold
to
be
demised
in
Fee
,
Tayl
,
or
for
Life
,
and
made
Title
by
a
demise
in
Fee
to
himself
.
The
Plaintiff
traversed
the
Custom
,
and
the
Custom
was
found
to
be
,
Per
Cur.
the
Issue
was
found
for
the
Defendant
,
because
the
substance
was
found
for
him
,
and
the
Tayl
was
but
inducement
,
Moor
,
n.
490.
Dorley
and
Wood.
Wadsworth's
Case
before
Judge
Crawley
at
York
Assises
,
was
upon
an
Intail
of
a
Copy-hold
within
the
Manor
of
W.
and
several
antient
Intails
shewed
in
Evidence
,
in
Edward
III.
time
,
and
remainders
limited
over
upon
such
Intails
,
and
Plaints
in
nature
of
Formedons
,
brought
there
for
such
Remainders
,
and
Recoveries
thereupon
,
and
several
Issues
after
had
taken
their
Admittances
,
as
of
Fee
simple
Land
,
as
Heirs
in
Fee
;
and
for
this
cause
Purchasers
look
at
the
Copies
,
The
Custom
of
a
Manor
is
,
If
the
Parties
be
at
Issue
upon
the
time
of
the
Surrender
made
,
or
the
Court
holden
,
The
Issue
was
upon
separalis
pastura
,
Per
Curiam
they
cannot
,
Common
being
to
be
taken
per
Bouch
,
In
North
and
Holland's
Case
,
2
Keb.
577.
If
in
Ejectment
a
Lease
is
pleaded
of
a
Manor
,
&c.
whereof
the
Tenements
in
which
were
parcel
,
and
upon
this
Issue
is
joyned
,
Quod
non
dimisit
manerium
;
and
the
Jury
upon
this
give
a
special
Verdict
(
viz.
)
That
there
were
not
any
Free-holders
,
but
divers
Copy-holders
of
the
Manor
,
and
that
this
was
known
by
the
name
of
a
Manor
,
although
that
this
was
not
a
Manor
in
Law
for
default
of
Freeholders
;
and
although
this
was
alledged
in
pleading
to
be
a
Manor
,
which
pleading
is
made
by
learned
Men
;
Eliz.
B.
R.
Vines
and
Durham
,
cited
in
6
Rep.
77.
Sir
Moyle
Finch's
Case
.
In
Ejectment
,
The
Plaintiff
declares
of
a
demise
made
for
three
years
,
and
it
was
confessed
by
the
Plaintiff
,
That
the
Lands
were
Copy-hold
Lands
,
and
that
the
Plaintiff
had
not
Licence
to
demise
them
for
three
years
,
neither
could
he
prove
by
any
Custom
,
that
he
could
demise
them
for
three
years
;
so
the
Plaintiff
was
Non-suit
,
and
the
Lessor
taken
for
a
disseisor
,
Per
tot
.
Cur.
1
Brownl
.
p.
133.
P.
8
Jac.
Cramporn
and
Freshwal
.
By
Rolls
,
Stiles
p.
450.
in
Pilkington
and
Bagshaw's
Case
.
Copy
of
a
Lease
which
the
Lord
had
in
his
Hands
,
Copy
of
a
Lease
good
Evidence
.
Special
Verdict
or
admission
on
former
pleading
good
Evidence
.
Copy
of
the
Roll
,
where
good
Evidence
.
whereby
the
Tenant
had
power
to
make
Leases
,
is
good
Evidence
,
without
swearing
it
a
true
Copy
;
also
the
finding
by
special
Verdict
or
Admission
on
former
pleading
is
good
Evidence
,
unless
the
contrary
appear
,
1
Keb.
720.
Lee
and
Boothby
.
Copy
of
Roll
under
the
Stewards
Hand
,
who
was
Councel
for
the
Lord
,
Plaintiff
,
was
admitted
good
for
the
Copy-holder
;
but
contra
of
short
Notes
by
way
of
Breviat
,
1
Keb.
720.
Lee
and
Boothby
.
The
Copy-holder
moved
the
Court
,
Who
may
be
admitted
to
give
Evidence
.
The
Steward
,
To
prove
a
Custom
,
Siderfin
p.
7.
The
Lord
may
be
admitted
to
give
Evidence
for
the
Lessee
or
Copy-holder
,
In
Ejectment
the
Defendant
pleaded
a
Surrender
of
a
Copy-hold
,
by
the
Hands
of
F.
then
Steward
of
the
Manor
.
Issue
was
joyned
absque
hoc
,
Cro.
Eliz.
160.
Wood
and
Butts
.
Venue
.
Where
Issue
is
taken
upon
a
Surrender
,
it
shall
be
tryed
where
it
was
alledged
to
be
done
,
Cro.
Eliz.
260.
Wood
and
Butts
.
The
Custom
was
alledged
to
be
in
Warfield
,
in
the
Manor
of
Wargrave
,
and
the
Venire
facias
was
de
Wargrave
tantum
,
a
good
Venue
,
and
need
not
be
from
both
,
2.
Bulstr.
135.
Good-groom
and
Moor.
For
the
Issue
being
whether
within
the
Manor
there
be
such
a
Custom
,
the
Venue
shall
be
only
of
the
Manor
,
and
Warfield
being
parcel
of
the
Manor
shall
be
intended
to
be
within
it
,
Cro.
Jac.
327.
Custom
for
Common
was
alledged
to
be
as
to
half
an
Acre
of
Land
Copy-hold
,
parcel
of
the
Manor
of
Buckland
in
Buckland
,
and
the
Venire
was
de
vicineto
Manerij
,
its
ill
;
for
the
Manor
being
alledged
to
be
the
Manor
of
Buckland
in
Buckland
,
the
Venire
facias
ought
to
have
been
from
Buckland
,
and
a
Venire
de
novo
awarded
,
Cro.
Jac.
p.
302.
Mortimer
and
Pettyfer
.
The
Issue
was
whether
the
Copy-holder
in
one
Town
had
Common
in
Land
lying
in
another
Town
.
Exception
was
to
the
Tryal
,
because
the
Venire
was
not
of
both
Villages
,
1
Brownl.
41.
CAP.
XXXIV
.
Of
Special
Verdict
.
Imperfect
Custom
not
well
found
.
Failure
of
Prescription
.
Finding
directly
,
not
argumentatively
.
How
the
Custom
must
be
found
by
the
Jury
.
Substance
found
.
Verdict
aided
.
Presidents
of
special
Verdict
.
THE
Jury
find
quoad
parcel
tenementorum
,
Venire
facias
de
novo
awarded
,
Cro.
Jac.
31.
Anselm's
Case
.
Special
Verdict
upon
the
Custom
of
the
Manor
of
Toddington
,
That
any
Copy-holder
might
Surrender
out
of
Court
into
the
Hands
of
two
Tenants
,
Copy-holders
of
the
Manor
,
&c.
The
Copy
of
the
Surrender
found
in
haec
verba
.
Toddington
in
the
Margent
.
At
the
Court
Baron
of
the
Honour
of
Hampton
J.
S.
and
J.
D.
Tenants
of
the
Honour
of
Hampton
,
do
present
,
did
Surrender
into
the
Hands
of
two
Tenants
of
the
Honour
.
Per
Jones
,
This
being
a
Court
of
the
Honour
,
and
into
the
Hands
of
the
Tenants
of
the
Honour
,
it
s
not
good
;
but
by
the
other
three
Justices
its
good
enough
.
For
Toddington
being
in
the
Margent
it
shall
be
said
a
distinct
Court
by
it self
:
For
an
Honour
consisteth
of
many
Manors
;
yet
all
the
Courts
for
the
Manors
are
distinguished
,
and
have
several
Copyholders
.
Cro.
Car.
366.
Seagood
and
Hone.
Special
Verdict
was
,
That
Copy-holder
of
Inheritance
bargained
and
sold
his
Copy-hold
Land
,
&c.
to
the
Lessee
of
the
Manor
,
and
this
was
by
Indenture
,
and
the
Indenture
was
to
this
effect
,
John
Culpepper
,
in
such
a
Town
;
but
it
is
not
found
by
the
Verdict
nor
averred
by
the
Party
,
That
the
Land
was
bought
of
John
Culpepper
,
and
so
ill
.
Winch
Rep.
p.
67.
Hasset
and
Hanson
.
Stiles
p.
311.
Wallis
and
Bucknal
.
The
Plaintiff
entitles
himself
to
have
Common
of
Pasture
,
&c.
to
his
Copy-hold
,
and
the
Custom
was
traversed
;
it
was
found
he
ought
to
have
the
same
Common
,
but
that
every
Copy-holder
used
to
pay
,
time
out
of
mind
,
&c.
pro
ead.
communia
unam
gallinam
,
&
quinque
ova
annuatim
;
upon
this
Verdict
the
Plaintiff
shall
have
Judgment
;
Per
Cur.
he
hath
failed
of
his
Prescription
,
for
he
had
prescribed
absolutely
,
and
the
Jury
found
it
conditionally
,
or
sub
modo
,
and
the
Ter-Tenant
in
this
Case
hath
no
remedy
but
by
disturbance
,
5
Rep.
68.
Gray's
Case
.
If
the
Issue
be
,
whether
,
Jac.
B.
R.
Ven
and
Howel
.
If
the
Issue
be
,
whether
by
the
Custom
of
the
Manor
a
Copy-hold
may
be
granted
to
three
for
the
Life
of
two
,
and
they
find
that
by
the
Custom
,
it
may
be
granted
for
three
Lives
;
this
is
not
well
found
,
because
it
is
only
by
Argument
,
because
if
a
greater
Estate
may
be
granted
,
a
lesser
may
be
.
So
if
the
Issue
be
whether
a
Copy-hold
may
be
granted
in
Tail
,
and
they
find
it
may
be
granted
in
Fee
,
mesme
Case
.
Cro.
Car.
21.
Castle
and
Hobbs
.
Custom
was
pleaded
by
the
Defendant
,
That
if
a
Copy-holder
in
Fee
hath
a
Wife
at
the
time
of
his
death
,
and
two
Sons
or
more
,
that
the
Wife
shall
have
her
Free-Bench
,
during
her
Life
,
and
that
if
the
eldest
Son
dye
,
living
the
Wife
,
though
he
hath
Issue
,
his
Issue
shall
not
have
it
,
Per
Cur.
The
Custom
is
not
found
in
that
manner
that
he
pleaded
it
,
therefore
it
is
found
against
him
that
pleaded
it
;
for
he
pleaded
a
general
Custom
,
without
exception
,
and
the
Custom
found
is
with
an
exception
,
and
special
,
as
the
Case
is
in
Dyer
192.
Where
a
Custom
was
pleaded
,
That
a
Feme
should
have
it
,
and
it
was
found
she
should
have
it
,
Si
,
&c.
they
found
the
Defendant
guilty
,
if
otherwise
,
not
guilty
,
and
so
there
is
not
any
conclusion
of
the
point
in
Issue
.
Per
Cur.
a
gross
fault
,
and
a
Venire
Facias
de
novo
was
awarded
,
Cro.
El.
415.
Boraston
and
Hay
.
In
Trespass
,
the
Plaintiff
in
his
Replication
makes
Title
,
That
this
Land
is
parcel
of
the
Manor
of
D.
and
demisable
,
&c.
by
Copy
in
Fee
,
in
Tail
,
for
Life
or
years
,
&c.
and
the
Land
was
let
to
him
by
Copy
in
Fee
;
Cro.
Eliz.
p.
431.
Doyle
and
Wood.
In
Eject
.
Fir.
If
the
Jury
find
a
special
Verdict
,
That
J.
S.
was
seized
of
the
Manor
of
D.
in
his
Demesn
,
as
of
Fee
,
in
which
Manor
was
a
Copy-holder
of
the
place
where
,
&c.
and
commits
Waste
,
by
cutting
down
an
Oak
,
and
that
after
J.
S.
dies
,
and
the
Lessor
of
the
Plaintiff
,
being
his
Cousin
and
Heir
,
enters
in
the
Manor
,
in
the
place
where
,
&c.
for
the
said
Forfeiture
,
and
was
of
this
seized
in
his
Demesn
,
as
of
Fee
,
and
concludes
si
super
totam
materiam
,
&c.
This
is
not
a
good
Verdict
,
because
it
is
not
found
that
J.
S.
died
seized
of
the
Manor
,
and
that
this
descends
to
the
Lessor
,
J.
S.
aliened
the
Land
and
that
the
Father
of
the
Lessor
,
or
the
Lessor
himself
re-purchased
this
,
and
that
he
was
also
Cousin
and
Heir
to
J.
S.
and
although
it
be
in
a
Verdict
,
it
shall
not
be
intended
,
that
the
Fee
continued
in
J.
S.
at
the
time
of
his
death
,
and
that
he
died
thereof
seized
,
without
finding
it
,
2
Rolls
Abr.
699.
Cornwallis
and
Hammond
.
Rolls
Abr.
707.
Sloper
and
Allen.
Presidents
in
Special
Verdicts
.
Quod
Tenementa
sunt
custumaria
&
dimissibilia
per
Copiam
&
dimissio
per
Dominum
ex
traditione
propria
,
1
Rep.
117.
Chudleigh
's
Case
.
Sursum
redditio
&
admissio
in
feodo
,
Co.
Entr.
207.
Simile
in
Tallio
&
communis
recuperatio
inde
,
Co.
Entr.
206.
Tenementa
concessa
per
copiam
la
A.
&
B.
super
vixit
,
Co.
Ent.
273.
Consuetudo
infra
manerium
de
devisatione
,
&
devisatio
in
haec
verba
,
Co.
Ent.
124.
Littera
Attornat'
ad
sursum
reddend'
tenementa
custumaria
,
sursum
redditio
&
admissio
superinde
,
Coke
Entr.
576
,
577.
Et
si
sit
sufficiens
in
Lege
.
Manerium
&
Tenementa
ab
antiquo
discendebant
2
percenariis
,
qui
fecer'
partitionem
de
terris
dominicalibus
,
ac
Tenementa
Custumaria
&
servitia
remanser'
in
communi
,
Coke
Entr.
711.
Officium
Seneschalli
manerij
execut'
per
deput'
&
contentio
inter
2
Seneschallos
,
de
Cur.
Baron
Tenend
.
9
Rep.
45.
In
Ejectment
,
Jury
find
that
the
Lands
are
demisable
by
Lives
,
in
possession
or
reversion
,
and
that
the
Widow
in
possession
held
the
Lands
so
long
as
she
remained
sole
and
chaste
,
and
that
M.
C.
Widow
was
seized
for
Life
,
durante
viduitate
;
the
Lord
grants
the
Reversion
of
the
said
Lands
by
Copy
,
to
R.
C.
the
Son
of
M.
for
Life
,
to
commence
after
the
death
,
forfeiture
or
surrender
of
M.
M.
surrenders
one
moiety
of
the
Premisses
to
R.
The
Lord
dies
,
discent
of
the
Manor
to
C.
S.
his
Cousin
and
Heir
.
R.
Tenant
for
Life
of
one
moiety
,
and
M.
Tenant
in
Free-Bench
of
the
other
moiety
;
the
Lord
by
Indenture
demiseth
to
the
Lessor
of
the
Plaintiff
for
99
years
,
(
if
he
and
J.
and
B.
his
Sons
shall
so
long
live
)
to
commence
after
the
death
and
determination
of
the
Estates
of
the
said
M.
and
R.
and
of
the
viduity
of
such
person
as
shall
be
his
Wife
at
the
time
of
his
death
.
M.
surrenders
her
moiety
to
R.
R.
dies
seized
of
both
moieties
.
P.
C.
(
the
Defendant
)
his
Wife
is
admitted
;
she
commits
Fornication
and
had
a
Bastard
.
Jury
find
the
entry
of
the
Lessor
.
If
the
Lease
shall
commence
before
P.
dies
was
the
Question
,
Winch
Ent.
455.
Jury
found
that
the
Messuage
and
Lands
tempore
quo
,
&c.
&
tempore
hors
memory
,
were
custumary
,
part
of
the
Manor
of
B.
a
Prebend
of
S.
demisable
by
Copy
of
Court
Roll
,
for
one
,
two
or
three
Lives
,
and
that
by
the
Custom
of
the
Manor
,
every
Tenant
for
Life
sole
seized
of
any
customary
Estate
for
Life
in
possession
,
may
nominate
one
to
succeed
him
to
be
Tenant
to
the
Lord
for
Life
,
and
that
the
party
nominated
used
to
require
his
Admittance
,
and
pay
such
Fines
as
were
taxed
by
the
Homage
.
Another
Custom
was
,
That
every
customary
Tenant
sole
seized
in
possession
,
may
cut
Timber
Trees
,
&c.
and
that
Mason
the
Defendant
being
Copy-holder
for
Life
,
1
May
40
Eliz.
named
R.
P.
to
be
his
succeeding
Tenant
.
They
also
find
that
Robert
P.
being
Prebendary
of
the
said
Prebend
,
and
seized
in
Fee
of
the
said
Manor
,
20
March
40
Eliz.
demised
by
Indenture
,
the
Manor
of
B.
to
Peter
Hoskins
,
for
three
Lives
,
and
by
the
said
Indenture
Bargains
and
Sells
to
him
all
the
Timber
Trees
,
&c.
by
which
Indenture
is
a
Letter
of
Attorny
to
make
Livery
;
and
they
find
the
Indorsement
on
the
Indenture
to
this
effect
,
Midd.
That
J.
B.
one
of
the
Attornies
entred
into
part
,
and
made
Livery
.
Midd.
That
J.
G.
the
other
Attorny
entred
into
part
,
and
made
Livery
.
The
Livery
made
in
the
House
of
the
Lord
was
Endorsed
,
but
it
is
not
mentioned
to
be
part
of
the
Manor
:
The
Jury
find
the
entry
of
Peter
Hoskins
,
and
seisin
for
three
Lives
,
according
to
the
Lease
(
which
aids
the
other
Imperfections
.
Eliz.
Peter
Hoskins
demiseth
to
J.
Hoskins
,
Masons
Tenement
and
Lands
for
99
years
,
March
3
Jac.
Mason
continuing
customary
Tenant
for
Life
,
after
his
nomination
aforesaid
,
cut
down
20
Trees
off
his
Copy-hold
;
upon
which
J.
Hoskins
6
Jac.
entred
upon
the
Land
,
and
demised
to
the
Plaintiff
,
who
enters
upon
Mason
,
who
re-enters
,
and
if
his
re-entry
be
lawful
,
they
find
for
Mason
,
Winch
Ent.
440.
Rowls
and
Mason
.
In
Ejectment
to
try
the
Custom
of
E.
of
Copies
for
three
Lives
,
the
Plaintiff
was
non-suit
,
and
one
of
the
Defendants
being
dead
,
Hales
Chief
Justice
advised
to
enter
a
Suggestion
on
the
Roll
,
That
one
was
dead
,
or
else
the
Judgment
for
the
Defendant
on
the
non-suit
will
be
erroneous
as
to
all
,
2
Keb.
832.
Hawthorn
versus
Bawden
.
CAP.
XXXV
.
Copy-holders
relieved
in
Chancery
,
or
what
things
in
respect
of
Copy-hold
Estates
are
relievable
in
Chancery
,
or
not
.
NOW
I
conceive
it
will
not
be
impertinent
(
but
rather
a
thing
well
approved
of
)
to
cite
some
Cases
,
Resolutions
and
Decrees
,
wherein
Copy-holders
have
been
relieved
,
and
what
remedy
the
Chancellor
will
give
in
respect
of
Lords
,
Copy-holders
,
Fines
,
Forfeitures
,
Surrenders
,
Admittances
,
Trusts
,
&c.
and
what
is
proper
to
be
brought
and
examined
in
that
Court
.
Alteration
of
a
Custom
by
consent
of
Lord
and
Tenants
allowed
in
Chancery
,
If
any
particular
Copy-holders
complain
in
Chancery
of
the
grievousness
of
a
Fine
,
I
can
make
no
Act
of
Parliament
for
them
,
24
Nov.
44
Eliz.
The
Defendant
being
Lord
of
a
Manor
,
had
150
l.
as
a
Fine
upon
the
Plaintiffs
admission
to
the
Lands
in
question
:
The
Court
of
Chancery
directed
to
an
Issue
,
whether
the
150
l.
were
a
reasonable
Fine
,
or
not
?
and
the
Defendant
got
a
Verdict
,
and
the
Damages
were
given
by
the
Jury
,
being
to
the
Value
.
This
Court
declared
,
Ackland
Pope
and
my
Lady
Wentworth
,
the
Lord
Chancellor
said
,
he
would
not
relieve
any
Copy-holder
,
who
through
wilful
Forfeiture
hath
given
cause
of
seizure
to
the
Lord
;
for
he
said
,
The
Lord
had
as
good
a
right
to
a
seizure
for
a
Forfeiture
,
as
a
Copy-holder
to
his
Copy-hold
Estate
;
but
a
wilful
Forfeiture
he
would
not
relieve
,
but
for
negligence
he
might
.
Lay
out
of
my
Land
,
and
I
will
pay
you
your
Rent
for
it
.
My
Lord
Chancellor
Elsemere
said
,
He
is
worthy
to
return
to
his
ancient
villainous
Tenure
again
.
Chancery
,
Tothil
108.
Colcot
and
Lee.
A
Copy-holder
can
have
no
assise
of
Common
against
his
Lord
,
Copy-holder
can
have
no
Assise
against
his
Lord
,
but
relievable
in
Equity
.
Copy-holder
to
sue
at
Law
sans
forfeiture
.
but
is
to
be
relieved
in
Equity
The
Tenants
of
Petsworth
and
the
Earl
of
Northumberlands
Case
,
Tothil
108.
The
Court
will
compel
the
Lord
to
admit
a
Tenant
Copy-holder
,
to
sue
at
Law
,
without
any
forfeiture
of
his
Copy-hold
,
Tothil
65.
Tenant
by
Copy
shall
not
have
Assise
against
his
Lord
,
because
he
hath
a
Frank-tenement
,
4
Rep.
21.
but
he
shall
be
relieved
in
Equity
,
Tothil
p.
108.
A
Suit
was
to
compel
a
Lord
to
Grant
a
Licence
to
let
a
Copy-hold
;
A
Court
of
Equity
shall
compel
a
Lord
to
admit
a
Copy-holder
;
Hetly
Rep.
p.
2.
A
Bill
in
Chancery
to
admit
a
Copy-holder
against
Lord
and
Steward
,
Taunton
Dean
.
Per
Cur.
the
Plaintiff
shall
be
admitted
,
though
the
Steward
need
not
have
been
made
one
of
the
Defendants
,
2
Keb.
357.
Towel
versus
Cornish
.
[
*
](A34802-e89250-b)
*
Chancery
will
design
the
Bounds
of
a
Copy-hold
,
but
not
whether
parcel
or
not
parcel
.
If
a
Copy-holder
removes
or
defaceth
the
bounds
of
a
Copy-hold
,
it
is
proper
for
such
a
Court
to
design
them
;
but
parcel
or
not
parcel
of
a
Copy-hold
belongs
to
the
Common
Law
to
try
,
Hetly
p.
2.
Blackhal
and
Thursby
.
Richard
Lyford
Senior
,
the
Plaintiffs
Father
,
being
seized
in
Fee
,
of
Freehold
and
Copy-hold
Lands
,
and
having
had
Issue
Richard
,
Thomas
and
John
,
now
Plaintiff
,
by
Will
gave
the
Plaintiff
all
his
Copy-hold
Lands
,
and
to
his
Heirs
Males
,
and
for
default
of
such
Issue
to
his
Heirs
general
,
and
made
a
Surrender
to
the
Use
of
his
Will
;
That
the
Surrender
was
presented
,
and
the
Plaintiff
admited
Tenant
,
and
hath
ever
since
been
of
the
Homage
,
and
enjoyed
the
Copy-hold
Lands
.
That
Richard
the
Son
died
1637.
leaving
only
one
Daughter
,
the
Defendant
Mary
:
That
the
Court
Rolls
are
lost
,
and
the
Defendant
insists
,
That
he
in
right
of
his
Wife
,
the
Defendant
Mary
,
as
Heir
at
Law
to
the
said
Richard
Lyford
,
Senior
,
is
entitled
to
the
Premises
,
there
being
no
such
Surrender
or
Admittance
to
be
found
,
and
that
no
such
Will
was
made
,
or
any
thing
that
will
make
out
the
Defendants
Title
.
The
Court
declared
they
would
see
Presidents
;
but
then
declared
,
That
after
43
years
possession
they
thought
it
hard
that
the
Plaintiff
should
be
evicted
,
and
Ordered
,
That
the
Defendant
should
admit
of
a
Surrender
and
Admittance
upon
payment
of
Costs
,
and
bring
an
Ejectment
,
and
the
Plaintiff
not
to
insist
on
his
possession
to
hinder
the
Tryal
.
The
Court
Decreed
,
to
the
Plaintiff
and
his
Heirs
to
enjoy
the
Land
,
according
to
the
said
Will
,
and
Custom
of
the
Manor
.
Relief
as
to
Surrenders
,
Purchases
,
Agreements
,
Trusts
,
Rolls
lost
,
and
Rents
Arrear
.
It
is
Decreed
,
in
the
Case
of
Greenwood
cont.
Hare
,
18
Car.
2.
That
where
one
was
a
Copy-holder
for
the
Lives
of
himself
and
his
two
Sons
,
and
he
paid
the
Fine
,
A
Woman
Copy-holder
for
Life
,
took
an
Husband
,
and
the
Reversion
of
the
said
Copy-hold
was
granted
to
three
,
viz.
A.
B.
C.
cum
acciderit
,
by
Surrender
or
Forfeiture
,
for
their
Lives
successive
,
according
to
the
Custom
.
The
Husband
doth
Surrender
to
the
Use
of
A.
for
Life
,
to
whom
the
Lord
doth
grant
a
Copy
accordingly
.
A.
and
B.
dye
,
and
the
Opinion
of
the
Court
was
,
That
C.
hath
no
right
to
be
admitted
by
the
Law
,
nor
in
Conscience
;
for
that
after
the
death
of
the
Husband
,
the
Wife
may
enter
,
and
have
a
Plaint
in
nature
of
a
Cui
in
vita
contradicere
non
potest
;
and
during
the
Husbands
Life
,
the
Lord
may
have
it
in
the
nature
of
an
Occupancy
.
But
the
Case
did
proceed
farther
(
viz.
)
That
the
Husband
and
Wife
were
willing
to
release
all
the
Right
of
the
Wife
to
the
surviving
Reversioner
,
Rep.
p.
25.
in
Murrel's
Case
,
vide
supra
.
J.
S.
in
Fee
,
and
no
Fine
paid
for
it
,
and
also
the
Rents
for
divers
years
are
behind
;
and
after
the
Lord
grants
the
Manor
in
Fee
to
J.
B.
and
after
sues
in
a
Court
of
Equity
for
the
Fines
and
Rents
due
before
the
Sale
of
the
Manor
,
and
alledgeth
in
his
Bill
,
That
the
Copy-holder
had
Free
Land
intermixed
with
the
Copy-hold
Land
,
so
that
he
could
not
know
where
to
Distrain
for
it
;
yet
he
shall
not
be
relieved
in
Equity
for
this
,
for
it
is
against
a
Maxim
in
Law
,
for
as
much
as
by
his
own
Act
he
had
destroyed
his
Remedy
,
P.
10
Car.
B.
R.
Serjeant
Hicham
Plaintiff
,
and
Finch
and
Block
Defendants
,
and
a
Prohibition
was
granted
to
the
Court
of
Requests
,
where
the
Suit
was
.
Gold
versus
Dore
,
Martis
23.
Oct.
2
Jac.
The
Plaintiff
delivered
to
the
Defendant
an
100
l.
to
buy
a
Copy-hold
in
the
Defendants
Name
,
but
to
the
Plaintiffs
Use
,
because
there
were
differences
between
the
Lord
of
the
Manor
,
and
the
Plaintiff
,
so
as
the
Plaintiff
had
no
hopes
to
prevail
for
himself
;
and
when
the
Copy-hold
should
be
obtained
,
then
the
Trust
was
,
That
the
Defendant
should
Surrender
the
same
to
the
Use
of
the
Plaintiff
.
The
Defendant
accordingly
bought
the
Copy-hold
,
Tracy
versus
Noel
,
M.
2
Jac.
J.
S.
who
had
notice
of
this
Copy-hold
of
Inheritance
;
yet
would
not
this
Court
relieve
the
Copy-holder
,
his
Lease
being
ended
,
for
by
Law
his
Copy-hold
Estate
is
determined
.
Robes
Purchased
the
Inheritance
of
a
Copy-hold
in
the
Name
of
B.
and
another
in
Trust
.
B.
surrendred
his
moiety
to
the
Use
of
his
own
Son
,
and
the
other
died
seized
.
The
Son
of
B.
and
the
Heir
of
the
other
for
mony
sold
the
Copy-hold
to
C.
for
50
l.
being
of
the
value
of
80
l.
Robes
sued
the
Son
of
B.
and
the
Heir
of
the
other
,
and
C.
in
Chancery
,
for
the
80
l.
It
was
decreed
,
That
A.
should
recover
this
50
l.
only
from
B.
and
the
Heir
of
the
other
,
C.
Robes
shall
have
the
Land
,
and
no
recompence
for
the
over-value
was
given
against
the
Vendors
,
because
no
Fraud
,
Moor
Rep.
n.
745.
Kobes
,
Bent
and
Cock's
Case
.
A
Copy-hold
granted
out
of
a
Manor
,
confirmed
.
Court
Rolls
produced
.
A
Copy-hold
granted
at
a
Court
kept
out
of
the
Manor
,
confirmed
against
the
Lord
who
made
it
,
Tothil
107.
Mark
contra
Suliard
.
In
Corbet
and
Peshal's
Case
,
12
Jac.
it
was
Ordered
,
That
Court
Rolls
should
be
brought
and
shewed
to
Councel
,
to
shew
which
is
Copy-hold
and
which
is
Free-hold
.
Rolls
Abridgment
373.
Morgan
versus
Scudamore
,
29
Car.
2.
Barker
contra
Hill.
33
Car.
2.
Heir
Decreed
to
surrender
upon
a
Contract
with
the
Ancestor
.
Surrender
by
Infant
of
five
years
old
.
Upon
a
Contract
for
Copy-hold
Estate
,
and
Purchase-mony
paid
,
the
bargainor
dies
before
Surrender
;
his
Heir
decreed
to
Surrender
.
Nayler
contra
Strode
,
The
Surrender
of
a
Copy-hold
Estate
,
by
an
Infant
of
5
years
old
allowed
by
this
Court
.
Precedents
in
Chancery
.
A
Bill
for
the
quieting
the
possession
of
a
Copy-holder
,
where
the
Copies
and
Court
Rolls
are
lost
,
and
to
have
Witnesses
examined
,
Conveyancers
Light
,
258.
A
Bill
for
entring
and
detaining
Copy-hold
Lands
,
by
reason
of
the
detaining
the
Writings
thereof
,
Wests
Presidents
,
Edit.
1647.
PRESIDENTS
,
&c.
A
Settlement
before
Marriage
of
a
Copy-hold
Estate
,
where
,
according
to
the
Custom
of
the
Manor
,
there
is
a
dead
Year
after
the
death
of
every
Tenant
,
grantable
by
the
Tenant
in
his
Life-time
,
and
his
Widow
enjoys
the
Estate
,
durante
castitate
,
if
he
surrender
or
alien
it
not
in
his
Life-time
,
with
permission
,
That
the
Goods
of
the
Wife
shall
remain
at
her
disposal
,
and
that
her
Husbands
Name
may
be
made
use
of
to
sue
for
her
Debts
,
but
the
Monies
to
be
secured
by
the
Trustees
to
her
Use
.
THIS
Indenture
Tripartite
made
,
&c.
between
M.
F.
of
,
&c.
Widow
,
late
Wife
and
Relict
of
E.
F.
late
of
,
&c.
Gentleman
,
deceased
,
on
the
first
Party
,
and
T.
S.
of
,
&c.
Gentleman
,
on
the
second
Party
,
and
E.
L.
of
,
&c.
Gentleman
,
T.
B.
of
,
&c.
J.
B.
of
,
&c.
Gentleman
,
on
the
third
Part.
Whereas
the
said
M.
is
now
possessed
in
a
personal
Estate
of
Mony
,
Debts
owing
by
Bond
,
and
Securities
,
and
otherwise
,
above
the
value
of
300
l.
and
of
Goods
,
Chattels
and
Utensils
of
Houshold
Stuff
,
according
to
the
Inventory
or
Note
of
particulars
hereof
,
hereunto
annexed
,
expressed
.
And
whereas
the
said
T.
S.
is
now
seized
in
possession
of
a
Copy-hold
Estate
of
Lands
and
Tenements
,
for
term
of
his
Life
,
lying
and
being
in
S.
within
the
Manor
of
W.
in
the
said
County
of
,
&c.
of
the
yearly
value
of
40
l.
or
thereabouts
,
by
vertue
of
a
Copy
of
Court-Roll
,
and
Grant
of
the
said
Copy-hold
Premisses
,
by
R.
B.
then
Serjeant
at
Law
,
at
a
Court
of
the
said
Manor
,
of
him
the
said
R.
B.
holden
the
_____
day
_____
in
the
year
,
_____
as
by
the
said
Copy
,
under
the
Hand
and
Seal
of
him
the
said
R.
B.
and
subscribed
by
S.
F.
his
then
Steward
,
appeareth
,
unto
which
Copy-hold
Premisses
there
is
a
dead
year
belonging
,
according
to
the
Custom
of
the
said
Manor
,
after
the
death
of
the
Tenant
thereof
dying
seized
in
possession
,
disposable
by
such
Tenant
in
his
Life-time
,
or
else
to
be
enjoyed
by
his
Executors
or
Administrators
.
And
whereas
also
by
the
Custom
of
the
said
Manor
,
the
Wife
of
such
Tenant
,
if
she
survive
him
,
is
to
hold
and
enjoy
the
said
Copy-hold
Estate
during
the
time
of
her
Widowhood
,
keeping
her self
chast
.
And
whereas
a
Marriage
is
intended
to
be
had
and
solemnised
between
the
said
T.
S.
and
the
said
M.
F.
It
is
agreed
between
all
the
said
Parties
to
these
presents
,
and
the
said
T.
S.
for
himself
,
his
Heirs
,
Executors
and
Administratrators
,
doth
Covenant
,
Promise
and
Grant
,
to
and
with
the
said
E.
L.
T.
B.
J.
B.
and
J.
P.
and
to
and
with
every
of
their
Executors
and
Administrators
,
That
he
the
said
T.
S.
shall
not
and
will
not
surrender
,
yield
up
or
make
void
the
said
Copy-hold
Estate
,
whereby
she
the
said
M.
may
be
defeated
of
her
Widows
Estate
,
in
the
same
Copy-hold
Premisses
,
after
the
death
of
him
the
said
T.
S.
if
the
said
Marriage
take
effect
,
and
in
case
she
shall
him
survive
.
And
also
the
said
T.
B.
doth
hereby
Grant
to
the
said
E.
L.
T.
B.
J.
B.
and
J.
P.
and
the
survivor
of
them
,
the
dead
year
of
the
said
Copy-hold
Premisses
,
to
hold
to
them
and
the
survivor
of
them
,
immediately
from
and
after
the
death
of
him
the
said
T.
S.
in
Trust
for
her
the
said
M.
in
case
the
said
Marriage
take
effect
,
and
she
survive
him
the
said
T.
S.
And
the
said
T.
S.
doth
also
Covenant
,
Grant
and
agree
,
to
and
with
the
said
E.
L.
T.
B.
J.
B.
and
J.
P.
and
to
and
with
every
of
them
,
their
and
every
of
their
Executors
and
Administrators
,
That
he
the
said
T.
S.
his
Executors
,
Administrators
and
Assigns
,
shall
not
intermeddle
with
,
claim
,
T.
S.
shall
be
contented
and
satisfied
with
the
aforesaid
sum
of
300
l.
in
mony
,
and
no
no
more
,
as
a
full
Marriage
Portion
to
him
,
with
the
said
M.
if
the
said
Marriage
shall
take
effect
.
T.
S.
without
any
contradiction
of
him
the
said
T.
S.
to
hinder
or
let
the
same
.
And
the
said
M.
F.
by
and
with
the
consent
of
the
said
T.
S.
as
well
in
consideration
of
,
&c.
to
her
paid
,
by
the
said
E.
D.
T.
B.
J.
B.
and
J.
B.
or
one
of
them
;
as
also
to
preserve
the
Interest
and
Property
of
all
and
singular
the
Goods
,
Chattels
and
Implements
of
Houshold
,
now
of
her
the
said
M.
in
the
Schedule
or
Note
of
particulars
thereof
,
hereunto
annexed
,
specified
;
so
that
he
the
said
T.
S.
may
not
have
any
power
or
disposal
of
them
.
She
the
said
M.
hath
given
,
granted
,
bargained
and
sold
,
and
doth
hereby
give
,
grant
,
bargain
,
sell
and
deliver
unto
the
said
E.
L.
T.
D.
J.
B.
and
J.
P.
their
Executors
,
Administrators
or
Assigns
,
all
and
singular
the
said
Goods
,
Chattels
and
Implements
of
Houshold
,
To
have
and
to
hold
to
them
,
their
Executors
,
Administrators
and
Assigns
,
for
ever
.
And
the
said
T.
S.
for
himself
,
his
Heirs
,
Executors
and
Administrators
,
doth
Covenant
,
Promise
and
Grant
,
to
and
with
the
said
E.
L.
J.
B.
T.
B.
and
J.
P.
and
to
and
with
every
of
them
,
their
Executors
and
Administrators
,
That
whereas
she
the
said
M.
hath
divers
sums
of
Mony
owing
unto
her
upon
Bonds
,
Specialties
,
and
otherwise
,
above
the
sum
of
300
l.
That
for
recovery
of
the
said
Debts
(
if
need
require
)
he
the
said
T.
S.
shall
permit
and
suffer
the
Trustees
aforesaid
,
T.
S.
and
M.
in
case
the
same
Marriage
take
effect
,
to
commence
Suit
against
,
sue
and
prosecute
all
and
every
the
person
or
persons
,
as
occasion
shall
require
,
for
all
every
of
any
the
said
monies
that
are
now
owing
to
the
said
M.
And
that
he
the
said
T.
S.
shall
justifie
all
and
every
such
Actions
and
Suits
,
T.
S.
without
any
contradiction
of
him
the
said
T.
S.
or
any
threats
or
uncivil
carriage
to
deter
her
thereunto
.
T.
S.
and
M.
F.
That
neither
of
them
nor
their
Estates
shall
be
charged
with
the
Debts
or
Engagements
of
either
of
the
other
of
them
,
due
or
payable
before
the
date
of
these
presents
.
And
to
that
end
the
said
T.
S.
doth
covenant
,
promise
and
grant
,
to
and
with
the
said
Trustees
before
named
,
and
to
and
with
every
of
them
,
That
he
will
pay
and
discharge
all
his
own
particular
Debts
,
or
which
he
is
bound
for
or
stands
chargable
to
pay
,
to
any
person
or
persons
,
out
of
his
own
particular
Estate
,
without
having
or
craving
any
of
the
now
personal
Estate
of
her
the
said
M.
other
than
the
aforesaid
300
l.
before
mentioned
.
M.
F.
doth
hereby
agree
,
That
in
case
the
said
T.
S.
after
the
said
intended
Marriage
shall
take
effect
and
be
solemnized
,
shall
be
questioned
or
molested
for
any
the
proper
Debts
of
her
the
said
M.
contracted
or
owing
by
her
,
before
the
solemnization
of
the
said
intended
Marriage
,
or
for
any
Legacy
or
Legacies
which
she
is
any
ways
chargable
to
pay
to
any
person
or
person
,
That
the
Trustees
shall
have
power
and
authority
hereby
to
pay
and
discharge
the
said
Debts
and
Legacies
,
which
she
the
said
M.
is
so
chargable
to
pay
,
and
that
out
of
any
her
now
proper
Estate
,
other
than
the
aforesaid
300
l.
and
in
so
doing
the
Trustees
shall
be
discharged
of
any
other
account
thereof
unto
the
said
M.
or
to
the
said
T.
S.
after
the
solemnization
of
the
said
intended
Marriage
.
And
the
said
Trustees
and
every
of
them
do
hereby
declare
,
That
they
will
perform
the
Trust
in
them
reposed
by
these
presents
,
according
to
the
true
intent
and
meaning
thereof
.
And
do
hereby
Covenant
every
one
of
them
one
with
the
other
respectively
,
not
to
act
or
do
any
thing
touching
the
Premisses
,
without
the
consent
of
them
all
.
In
Witness
whereof
to
the
first
part
of
these
presents
,
remaining
with
the
said
T.
S.
the
said
M.
F.
and
the
said
Trustees
have
put
their
Hands
and
Seals
;
to
the
second
part
of
these
Indentures
,
remaining
with
the
said
Trustees
,
the
said
M.
F.
and
T.
S.
have
put
their
Hands
and
Seals
,
to
the
third
part
of
these
Indentures
,
remaining
with
the
said
M.
F.
the
said
T.
S.
and
the
said
Trustees
have
put
their
Hands
and
Seals
,
the
day
and
year
first
above
written
.
Covenant
to
Surrender
Copy-hold
Land
,
after
a
Bargain
and
Sale
of
Free-hold
.
And
whereas
the
said
I.
W.
holdeth
to
him
and
his
Heirs
,
by
Copy
of
Court
Roll
,
at
the
Will
of
the
Lord
,
according
to
the
Custom
of
the
Manor
of
S.
aforesaid
,
the
said
Parcel
of
Land
in
S.
aforesaid
,
before
excepted
.
It
is
Covenanted
and
agreed
,
by
and
between
the
said
Parties
to
these
presents
,
and
the
said
I.
W.
for
himself
,
his
Heirs
,
Executors
and
Administrators
,
for
the
Considerations
aforesaid
,
doth
Covenant
to
and
with
the
said
H.
A.
RG
.
and
I.
A.
their
Heirs
and
Assigns
by
these
presents
,
That
he
the
said
I.
W.
shall
and
will
before
the
Feast
of
St.
John
Baptist
,
now
next
ensuing
,
surrender
according
to
the
Custom
of
the
said
Manor
,
the
said
Parcels
of
customary
Lands
,
before
excepted
,
unto
the
use
and
behoof
of
the
said
H.
A.
R.
G.
and
I.
A.
and
their
Heirs
for
ever
,
and
procure
them
to
be
admitted
unto
the
same
accordingly
,
To
hold
according
to
the
Custom
of
the
said
Manor
,
freed
and
discharged
of
all
Forferfeitures
,
Charges
and
Incumbrances
,
done
or
suffered
by
him
the
said
J.
W.
or
F.
W.
his
Father
,
or
either
of
them
,
In
Witness
,
&c.
Covenant
that
he
is
rightfully
seized
of
Copy-hold
Land
.
And
the
said
A.
B.
(
for
the
Considerations
aforesaid
)
doth
for
himself
,
his
Heirs
,
Executors
,
Administrators
and
Assigns
,
and
for
every
of
them
,
covenant
,
promise
and
grant
to
and
with
the
said
I.
G.
his
Heirs
and
Assigns
by
these
presents
,
that
he
the
said
A.
B.
now
at
the
sealing
and
delivery
of
this
,
&c.
is
solely
,
lawfully
and
rightfully
seized
of
and
in
all
and
singular
the
said
Copy-hold
Lands
and
Premisses
,
herein
before
mentioned
to
be
granted
,
with
their
,
&c.
Appurtenances
,
of
a
good
Estate
in
Fee-simple
,
according
to
the
Custom
of
the
Manor
,
of
which
the
same
Premisses
are
holden
.
If
the
Copy-holds
belong
to
two
Manors
,
then
thus
—
of
a
good
Estate
in
Fee-simple
,
according
to
the
Custom
of
the
several
Manors
,
of
which
the
said
Premisses
are
respectively
holden
.
Covenant
to
Surrender
Copy-hold
Lands
.
And
also
that
he
the
said
A.
B.
or
his
Heirs
,
shall
and
will
at
the
next
Court-Baron
to
be
held
for
the
Manor
of
W.
in
the
said
County
,
&c.
or
at
any
other
time
or
times
,
upon
the
request
of
the
said
I.
G.
his
Heirs
or
Assigns
,
but
at
the
proper
Costs
and
Charges
of
the
said
A.
B.
or
his
Heirs
,
surrender
into
the
Hands
of
the
Lord
of
the
Manor
,
or
to
the
Steward
thereof
,
or
otherwise
,
according
to
the
Custom
of
the
said
Manor
,
to
the
use
of
the
said
I.G.
his
Heirs
and
Assigns
,
all
those
Lands
,
Tenements
,
and
Hereditaments
,
herein
after
mentioned
,
which
he
the
said
A.
B.
doth
hold
of
the
said
Manor
aforesaid
,
by
Copy
of
Court
Roll
,
according
to
the
Custom
of
the
said
Manor
,
viz.
one
piece
of
Land
,
called
,
&c.
And
all
other
the
Copy-hold
or
customary
Lands
of
the
said
A.
B.
held
of
the
said
Manor
of
W.
And
the
said
A.
B.
for
himself
,
&c.
doth
farther
Covenant
,
&c.
to
and
with
the
said
I.
G.
his
Heirs
and
Assigns
,
&c.
that
he
the
said
A.
B.
his
Heirs
,
Executors
or
Administrators
,
shall
and
will
pay
the
Fines
due
for
Admittances
of
the
said
I.
G.
or
his
Heirs
,
into
the
said
Copy-hold
Lands
,
unto
the
Lords
of
the
said
Manors
respectively
.
And
that
he
the
said
A.
B.
and
his
Heirs
from
time
to
time
,
and
at
all
times
hereafter
,
within
the
space
of
seven
years
next
ensuing
the
date
hereof
,
&c.
at
and
upon
the
reasonable
Request
,
and
proper
Costs
and
Charges
in
the
Law
,
of
the
said
I.
G.
his
Heirs
or
Assigns
,
shall
and
will
make
and
do
all
and
every
such
farther
and
other
lawful
and
reasonable
acts
and
things
,
for
the
farther
,
better
and
more
perfect
assuring
and
conveying
all
and
singular
the
said
Copy-hold
Lands
and
Tenements
,
and
all
other
the
Copy-hold
Lands
of
the
said
A.
B.
in
the
County
of
S.
to
,
or
to
the
Use
of
the
said
I.
G.
his
Heirs
or
Assigns
,
or
by
his
or
their
Councel
learned
in
the
Law
,
shall
be
reasonably
devised
or
advised
and
required
.
And
that
at
the
time
of
such
Surrender
or
Surrenders
,
or
other
Assurance
or
Assurances
to
be
made
of
the
same
Copy-hold
Lands
and
Premisses
,
all
and
singular
the
said
Copy-hold
Lands
and
Premisses
,
so
to
be
surrendred
or
otherwise
conveyed
as
aforesaid
,
shall
be
free
and
clear
,
and
freely
and
clearly
and
absolutely
acquitted
,
freed
and
discharged
of
and
from
all
former
Surrenders
and
Forfeitures
,
and
other
Incumbrances
whatsoever
,
had
,
made
,
done
,
or
wittingly
and
willingly
suffered
by
him
the
said
A.
B.
or
by
any
other
person
and
persons
whatsoever
,
one
Lease
made
by
the
Licence
of
the
Lord
of
the
Manor
aforesaid
,
to
K.
F.
&c.
of
&c.
of
one
Copy-hold
Messuage
,
&c.
excepted
.
A
Covenant
(
in
nature
of
a
Mortgage
)
upon
a
Surrender
of
Copy-hold
Land
,
to
pay
mony
at
a
certain
time
.
This
Indenture
made
,
&c.
between
Sir
T.
D.
of
P.
&c.
of
the
one
part
,
and
I.
H.
of
,
&c.
of
the
other
part
,
Witneseth
,
That
whereas
the
said
Sir
T.
D.
hath
now
lately
surrendred
into
the
Hands
of
the
Lord
or
Lords
of
the
Manor
of
W.
in
the
said
County
of
S.
by
the
Rod
,
according
to
the
Custom
of
the
said
Manor
,
by
the
Hands
and
acceptanc
of
R.
C.
and
E.
M.
two
of
the
customary
Tenants
of
the
said
Manor
,
all
that
Messuage
,
&c.
To
the
Use
of
the
said
I.
H.
his
Heirs
and
Assigns
,
to
hold
according
to
the
Custom
of
the
said
Manor
,
with
a
proviso
,
and
upon
condition
,
That
if
the
said
Sir
T.
D.
his
,
&c.
shall
and
do
well
and
truly
pay
or
cause
to
be
paid
,
&c.
at
,
&c.
then
the
said
Surrender
to
be
void
and
of
none
effect
,
as
by
a
Note
or
Memorandum
of
the
said
Surrender
taken
out
of
the
Court
,
the
day
of
the
date
hereof
,
(
relation
,
&c.
)
more
plainly
appeareth
.
Now
the
said
Sir
T.
D.
doth
for
himself
,
his
Heirs
,
Executors
,
and
Administrators
,
Covenant
,
&c.
to
and
with
the
said
I.
H.
his
Executors
and
Administrators
,
by
these
presents
(
to
pay
the
Mony
)
at
the
day
and
place
,
and
in
manner
and
form
in
the
said
Proviso
or
Condition
of
the
said
Surrender
before
recited
,
limited
and
appointed
for
the
payment
thereof
.
And
farther
also
,
That
the
said
Sir
T.
D.
at
the
time
of
the
making
of
the
said
Surrender
before
recited
,
had
a
good
Estate
of
Inheritance
in
Fee-simple
,
according
to
the
Custom
of
the
said
Manor
of
W.
of
and
in
all
and
singular
the
said
Messuages
,
&c.
before
mentioned
to
be
surrendred
;
and
had
good
right
,
and
lawful
and
absolute
power
and
authority
in
himself
to
surrender
the
same
,
and
every
part
thereof
,
unto
the
said
I.
H.
and
his
Heirs
in
manner
and
form
aforesaid
;
and
that
the
same
are
free
from
all
former
Surrenders
and
Incumbranses
whatsoever
.
In
default
of
payment
,
I.
H.
and
his
Heirs
to
enjoy
the
Premisses
for
ever
.
After
default
in
payment
,
Sir
T.
D.
covenants
for
farther
Assurance
—
be
it
by
Fine
or
Recovery
,
according
to
the
Custom
of
the
said
Manor
,
Surrender
,
Release
or
Confirmation
,
or
all
or
any
of
the
said
wayes
or
means
in
the
Law
whatsoever
,
as
by
the
said
I.
H.
his
Heirs
or
Assigns
,
or
his
or
their
Councel
learned
in
the
Law
,
shall
be
reasonably
devised
,
advised
or
required
.
Till
default
of
payment
I.
H.
to
permit
and
suffer
Sir
T.
D.
to
enjoy
,
&c.
A
Bargain
and
Sale
of
Copy-hold
Lands
,
by
Commissioners
of
Bankrupts
.
This
Indenture
,
&c.
Between
A.
B.
&c.
the
Commissioners
of
the
one
part
,
and
C.
D.
&c.
(
Assignees
)
of
the
other
part
.
Whereas
the
King
and
Queens
Majesties
Commission
under
the
Great
Seal
of
England
,
grounded
upon
the
several
Statutes
made
concerning
Bankrupts
,
bearing
date
at
Westminster
,
the
day
of
,
&c.
last
past
,
hath
been
awarded
against
E.
F.
of
,
&c.
and
directed
to
the
said
Commissioners
thereby
giving
full
power
and
authority
unto
the
said
Commissioners
,
four
or
three
of
them
,
whereof
the
said
A.
B.
and
P.
B.
to
be
one
to
execute
the
same
,
as
by
the
said
Commission
more
at
large
appeareth
.
And
whereas
the
Commissioners
,
parties
to
these
presents
,
or
the
major
part
of
them
,
or
the
major
part
of
the
Commissioners
,
by
the
said
Commission
authorized
,
having
begun
to
put
the
said
Commission
in
Execution
,
upon
due
examination
of
Witnesses
and
other
good
proof
,
and
upon
Oath
before
them
taken
,
do
find
,
That
the
said
E.
D.
hath
for
the
space
of
six
years
last
past
,
or
thereabouts
,
used
and
exercised
the
Trade
and
profession
of
a
,
&c.
in
buying
and
selling
of
,
&c.
at
his
House
and
Shop
in
S.
aforesaid
,
and
sought
and
endeavoured
to
get
his
living
by
buying
and
selling
.
And
that
the
said
E.
F.
so
seeking
and
endeavouring
to
get
his
living
by
buying
and
selling
during
the
time
of
his
said
Trading
,
did
become
justly
and
truly
indebted
,
and
still
doth
owe
and
stand
indebted
unto
the
above-named
C.
D.
and
other
his
Creditors
,
in
the
sum
of
,
&c.
and
being
so
indebted
,
he
the
said
E.
F.
did
in
the
judgment
of
the
said
Commissioners
,
parties
to
these
presents
,
become
Bankrupt
to
all
intents
and
purposes
,
within
the
compass
,
true
intent
and
meaning
of
several
Statutes
made
concerning
Bankrupts
,
or
within
some
or
one
of
them
,
before
the
date
and
suing
forth
the
said
Commission
.
And
whereas
also
the
said
Commissioners
,
parties
to
these
presents
,
or
the
major
part
of
the
Commissioners
by
the
said
Commission
authorized
,
having
also
found
out
and
discovered
that
he
the
said
E.
F.
at
the
time
and
since
he
became
Bankrupt
,
was
and
stood
seized
to
him
and
his
Heirs
,
according
to
the
Custom
of
the
Manor
of
L.
in
the
County
of
L.
of
and
in
,
&c.
All
which
Copy-hold
or
customary
Premisses
,
the
greater
part
of
the
above-named
Commissioners
by
the
said
Commission
authorized
,
have
caused
to
be
viewed
and
rented
,
and
the
same
to
be
appraised
to
the
best
value
they
can
or
may
,
and
accordingly
the
same
have
been
viewed
,
rented
and
appraised
by
R.
S.
and
T.
V.
men
of
sufficient
skill
and
ability
for
the
doing
thereof
▪
in
manner
and
form
following
(
that
is
to
say
)
&c.
as
by
the
particular
appraisment
sent
to
the
said
Commissioners
,
it
may
appear
,
the
value
whereof
in
the
total
amounts
to
the
sum
of
,
&c.
Now
this
Indenture
witnesseth
,
That
the
said
Commissioners
,
parties
to
these
presents
,
by
force
and
vertue
of
the
said
Commission
,
and
of
the
several
Acts
of
Parliament
therein
mentioned
and
evpressed
,
for
and
with
the
consent
,
and
at
the
request
of
the
Creditors
of
the
said
E.
F.
that
have
sued
forth
and
prosecuted
the
said
Commission
against
the
said
E.
F.
for
and
in
consideration
of
the
sum
of
,
&c.
unto
the
said
Commissioners
,
by
the
said
C.
D.
&c.
to
the
use
,
benefit
and
behoof
,
as
well
of
themselves
,
as
also
of
all
other
the
Creditors
of
the
said
E.
F.
that
have
sued
forth
and
joyned
,
and
that
shall
hereafter
in
due
time
joyn
in
the
prosecution
of
the
said
Commission
,
according
to
the
Statutes
in
that
behalf
made
and
provided
,
well
and
truly
contented
and
paid
,
have
by
force
and
virtue
of
the
said
Commission
,
as
much
as
in
them
the
said
Commissioners
lyeth
,
and
they
lawfully
may
,
granted
bargained
and
sold
,
and
by
these
presents
do
as
much
as
in
them
lyeth
,
and
they
lawfully
may
,
grant
,
bargain
and
sell
unto
the
said
C.
D.
&c.
all
the
aforesaid
Copy-hold
or
customary
Messuage
,
&c.
now
in
the
occupation
of
,
&c.
holden
by
Copy
of
Court
Roll
of
the
aforesaid
Manor
of
W.
together
with
all
Woods
,
Under-woods
,
Commons
,
Pastures
,
&c.
and
Appurtenances
whatsoever
,
unto
all
and
every
the
said
Copy-hold
or
other
customary
Premisses
thereby
granted
,
and
every
part
and
parcel
thereof
belonging
or
in
any
wise
appertaining
,
and
all
the
Estate
,
Right
,
Title
,
Interest
,
Use
,
Possession
,
Reversion
and
Reversions
,
Remainder
and
Remainders
,
Claim
and
Demand
whatsoever
,
of
the
said
E.
F.
of
,
in
and
to
all
and
singular
the
Premisses
hereby
granted
,
and
every
part
and
parcel
thereof
,
To
have
and
to
hold
all
the
said
Copy-hold
or
customary
Messuage
or
Tenement
,
&c.
with
their
and
every
of
their
Appurtenances
,
to
their
proper
use
and
behoof
,
for
ever
,
according
to
the
Custom
of
the
said
Manor
of
L.
Yeilding
,
paying
,
performing
and
doing
unto
the
said
Lord
of
the
aforesaid
Manor
,
of
whom
the
Copy-hold
or
customary
Premisses
,
hereby
granted
,
are
holden
,
all
and
every
the
Fines
,
Rents
,
Duties
and
Services
,
of
right
used
and
accustomed
to
be
yeilded
,
paid
,
performed
and
done
for
the
same
,
&c.
In
Witness
,
&c.
A
Surrender
in
Trust
,
and
the
Trust
declared
:
Trustees
,
Covenant
not
to
commit
,
&c.
any
thing
that
may
amount
to
a
Forfeiture
.
Whereas
the
said
A.
B.
hath
with
his
own
proper
Monies
bought
and
purchased
of
C.
D.
of
,
&c.
Lord
of
the
Manor
of
Belton
,
in
the
County
of
,
&c.
(
amongst
other
Lands
and
Tenements
,
in
certain
Articles
indented
and
made
between
the
said
C.
D.
of
the
one
part
,
and
the
said
A.
B.
of
the
other
part
,
and
bearing
date
the
,
&c.
)
the
customary
Messuage
,
Lands
,
Tenements
and
Hereditaments
,
hereafter
mentioned
,
that
is
to
say
,
&
c..
And
whereas
also
the
said
E.
F.
G.
H.
and
I.
K.
customary
Tenants
of
the
said
Manor
,
of
and
in
the
customary
Messuage
,
Lands
and
Premisses
,
did
by
Surrender
bearing
date
,
&c.
according
to
the
Custom
of
the
said
Manor
,
surrender
into
the
Hands
of
the
said
C.
D.
Lord
of
the
Manor
aforesaid
,
all
and
singular
the
customary
Messuage
,
Lands
,
Tenements
and
Hereditaments
before
mentioned
,
to
the
use
and
behoof
of
them
the
said
I.
S.
and
P.
S.
their
Heirs
and
Assigns
,
to
the
intent
and
purpose
that
the
said
C.
D.
or
other
the
Lord
or
Lords
of
the
said
Manor
of
,
&c.
or
the
Steward
or
Stewards
of
the
said
Manor
for
the
time
being
,
at
the
next
Court
to
be
holden
for
the
said
Manor
,
should
admit
or
cause
to
be
admitted
them
the
said
I.
S.
and
P.
S.
Tenants
of
and
to
all
and
singular
the
said
,
&c.
as
by
the
said
Surrender
,
relation
being
thereto
had
,
may
more
at
large
appear
.
Now
this
Indenture
farther
Witnesseth
,
That
the
said
I.
S.
and
P.
S.
for
the
avoiding
and
clearing
all
doubts
,
questions
and
ambiguities
which
may
hereafter
arise
or
grow
,
touching
or
concerning
the
said
Surrender
taken
in
their
Names
,
as
aforesaid
,
do
,
and
either
of
them
doth
by
these
presents
voluntarily
and
spontaneously
acknowledge
,
express
and
declare
,
That
the
said
Surrender
so
had
and
taken
as
aforesaid
,
was
had
,
taken
,
passed
and
done
by
the
special
direction
and
appointment
of
the
said
A.
B.
in
trust
to
and
for
the
only
use
,
benefit
and
behoof
of
him
the
said
A.
B.
his
Heirs
and
Assigns
for
ever
,
and
to
and
for
none
other
use
,
intent
or
purpose
whatsoever
.
And
farther
the
said
J.
S.
and
P.
S.
do
for
themselves
,
their
Heirs
and
Assigns
,
freely
and
absolutely
disclaim
any
other
Estate
,
Right
,
Title
,
Interest
,
Claim
or
Demand
,
of
,
in
,
to
,
or
out
of
the
said
customary
Messuage
,
Lands
and
Tenements
,
and
Premisses
,
or
any
part
thereof
,
but
such
only
as
they
have
by
virtue
of
the
Surrender
aforesaid
,
in
and
upon
the
Trust
aforesaid
.
And
the
said
I.
S.
and
P.
S.
for
themselves
,
their
Heirs
,
Executors
and
Assigns
,
do
covenant
and
grant
,
to
and
with
the
said
A.
B.
his
Heirs
,
Executors
and
Assigns
,
that
they
the
said
I.S.
and
P.
S.
their
Heirs
or
Assigns
,
shall
not
and
will
not
at
any
time
or
times
hereafter
,
act
,
do
,
permit
,
or
willingly
or
wittingly
suffer
any
act
,
matter
or
thing
whatsoever
,
that
may
amount
to
or
cause
a
Forfeiture
of
the
said
Premisses
,
or
any
part
thereof
,
or
whereby
the
said
Premisses
or
any
part
thereof
may
be
destroyed
,
extinguished
,
impeached
or
incumbred
.
In
Witness
,
&c.
An
Infranchisement
of
Copy-hold
Lands
made
by
a
Lord
of
a
Manor
to
his
Copy-holder
.
This
Indenture
made
,
&c.
Between
A.
B.
of
,
&c.
Esquire
,
and
E.
B.
of
,
&c.
Gentleman
,
Son
and
Heir
apparent
of
the
said
A.
B.
Lord
of
the
Manor
of
H.
in
the
County
of
Norfolk
,
of
the
one
part
,
and
T.
P.
of
,
&c.
R.
S.
of
,
&c.
and
T.
P.
of
,
&c.
of
the
other
part
,
Witnesseth
,
That
the
said
A.
B.
and
E.
B.
as
well
for
and
in
consideration
of
the
sum
of
,
&c.
of
lawful
mony
to
them
the
said
A.
B.
and
E.
B.
or
one
of
them
in
hand
paid
,
by
the
said
T.
P.
R.
S.
and
T.
P.
at
and
before
the
ensealing
and
delivery
of
these
presents
,
the
receipt
whereof
they
the
said
A.
B.
and
E.
B.
do
by
these
presents
acknowledge
,
and
thereof
,
and
of
every
part
and
parcel
thereof
,
do
acquit
,
exonerate
and
discharge
the
said
T.
P.
R.
S.
and
T.
P.
and
every
of
them
,
their
and
every
of
their
Heirs
,
Executors
and
Administrators
,
for
ever
by
these
presents
,
as
also
for
divers
other
good
Causes
and
Considerations
,
them
,
and
either
of
them
hereunto
especially
moving
,
Have
granted
,
bargained
,
sold
,
enfeoffed
,
delivered
,
aliened
and
confirmed
,
and
by
these
presents
do
grant
,
bargain
,
sell
,
enfeoff
,
deliver
,
alien
and
confirm
unto
the
said
T.
P.
R.
S.
and
T.
P.
their
Heirs
and
Assigns
,
all
those
Messuages
,
Cottages
,
Lands
,
Tenements
,
Pastures
,
Feedings
and
Hereditaments
whatsoever
,
situate
,
lying
and
being
in
K.
and
S.
or
any
other
Town
,
in
the
said
County
of
Norfolk
,
which
are
Copy-hold
or
customary
Lands
,
holden
of
the
Manor
of
H.
within
the
said
County
of
Norfolk
,
and
which
the
said
T.
P.
holdeth
by
Copy
of
Court-Roll
of
the
Manor
aforesaid
,
or
of
right
ought
to
hold
as
Copy-hold
,
or
of
some
customary
Tenure
of
the
said
Manor
of
H.
or
of
the
Lord
or
Lords
thereof
,
or
of
any
other
Manor
or
Lordship
,
now
or
late
of
the
said
A.
B.
and
E.
B.
or
either
of
them
;
and
the
Free-hold
of
all
and
singular
the
said
Messuages
,
Cottages
,
Lands
,
Tenements
,
Pastures
,
Feedings
and
Hereditaments
whatsoever
,
with
the
Appurtenances
;
and
also
all
the
Freehold
of
the
Inheritance
of
all
those
Copy-hold
and
customary
Messuages
,
Cottages
,
Lands
,
Tenements
and
Hereditaments
whatsoever
,
which
were
surrendred
lately
by
J.
G.
unto
the
use
of
the
said
T.
P.
and
his
Heirs
;
and
also
all
such
Rents
and
Arrearages
of
Rents
,
Services
,
Suits
,
and
other
Demands
whatsoever
,
which
now
or
at
any
time
heretofore
have
been
due
or
payable
,
or
that
shall
or
ought
to
be
hereafter
due
,
payable
or
done
,
for
all
or
any
of
the
said
Messuages
,
Cottages
,
Lands
,
Tenements
,
Pastures
,
Feedings
and
Hereditaments
whatsoever
;
all
which
said
Messuages
,
Cottages
,
Lands
,
Tenements
,
Pastures
,
Feedings
and
Hereditaments
,
with
the
Appurtenances
,
were
late
in
the
occupation
of
,
&c.
and
the
Reversion
and
Reversions
,
Remainder
and
Remainders
of
all
and
singular
the
Premisses
;
all
Rents
and
Reservations
reserved
or
payable
,
by
or
upon
any
Demises
,
Leases
or
Grants
heretofore
made
or
granted
of
the
said
Premisses
,
or
any
part
or
parcel
thereof
.
To
have
and
to
hold
all
and
singular
the
said
Messuages
,
Cottages
,
Lands
,
Pastures
,
Feedings
and
Hereditaments
,
and
all
and
singular
the
above-mentioned
or
intended
to
be
hereby
granted
and
bargained
Premisses
,
with
their
and
every
of
their
Appurtenances
,
unto
the
said
T.
P.
R.
S.
and
T.
P.
their
Heirs
and
Assigns
,
to
the
only
proper
and
absolute
use
and
behoof
of
them
the
said
T.
P.
R.
S.
and
T.
P.
their
Heirs
and
Assigns
for
ever
;
and
the
said
A.
B.
and
E.
B.
for
themselves
and
every
of
them
,
their
and
either
of
their
Heirs
,
Executors
and
Administrators
,
and
every
of
them
,
do
covenant
and
grant
to
and
with
the
said
T.
P.
R.
S.
and
T.
P.
their
Heirs
,
Executors
and
Assigns
,
and
every
of
them
,
by
these
presents
,
in
manner
and
form
following
,
That
is
to
say
,
that
they
the
said
A.
B.
and
E.
B.
or
one
of
them
,
are
or
is
at
the
time
of
the
sealing
and
delivery
of
these
presents
,
lawfully
,
joyntly
or
solely
seized
in
their
or
one
of
their
Demesns
,
as
of
Fee
,
of
and
in
the
said
Manor
of
H.
and
of
and
in
all
and
singular
the
said
bargained
Premisses
,
and
every
part
and
parcel
thereof
,
with
the
Appurtenances
,
of
a
good
,
perfect
and
absolute
Estate
of
Inheritance
,
in
Fee-simple
,
without
,
&c.
and
unto
the
use
of
them
,
or
one
of
their
Heirs
and
Assigns
,
without
any
manner
of
Condition
,
power
of
Revocation
,
Limitation
of
Use
or
Uses
,
Trust
,
or
other
matter
or
thing
whatsoever
,
to
alter
,
change
,
charge
,
incumber
,
impeach
,
determine
or
make
void
the
same
.
And
that
they
the
said
A.
B.
and
E.
B.
or
one
of
them
,
have
or
hath
at
the
time
of
the
sealing
and
delivery
of
these
presents
,
and
at
the
time
of
the
execution
of
the
first
Estate
hereby
to
be
made
and
granted
,
shall
have
full
Power
,
good
Right
,
and
lawful
Authority
,
to
Grant
,
Bargain
and
Sell
all
and
every
the
said
Messuages
,
Cottages
,
Lands
,
Tenements
,
Pastures
,
Feedings
,
Hereditaments
and
Premisses
before-mentioned
,
to
be
hereby
granted
,
bargained
and
sold
,
with
their
and
every
of
their
Appurtenances
,
unto
the
said
T.
P.
R.
S.
and
T.
P.
their
Heirs
and
Assigns
,
in
manner
and
form
aforesaid
and
according
to
the
effect
of
these
presents
.
And
also
that
all
and
every
the
said
afore-mentioned
to
be
hereby
granted
and
bargained
Messuages
,
Cottages
,
Lands
,
Tenements
,
Pastures
,
Feedings
,
Hereditaments
and
Premisses
,
and
every
part
and
parcel
thereof
,
now
are
,
and
at
all
times
hereafter
shall
and
may
be
remain
and
continue
unto
the
said
T.
P.
R.
S.
and
T.
P.
their
Heirs
and
Assigns
,
and
every
or
any
of
them
,
free
and
clear
,
and
freely
and
clearly
acquitted
,
exonerated
and
discharged
,
or
otherwise
upon
reasonable
request
,
well
and
sufficiently
saved
and
kept
harmless
and
indemnified
,
by
the
said
A.
B.
and
E.
B.
their
Heirs
,
Executors
,
or
Administrators
,
or
some
or
one
of
them
,
of
and
from
all
and
all
manner
of
former
and
other
Gifts
,
Grants
,
Bargains
,
Sales
,
Estates
,
Wills
,
Entails
,
Alienations
,
Joyntures
,
Right
and
Title
of
Dower
,
Statutes
,
Merchant
,
and
of
the
Staple
,
Judgments
,
Executions
,
Rents
,
arrearages
of
Rents
,
Mortgages
,
and
of
and
from
all
other
Charges
,
Titles
,
Claims
and
Incumbrances
whatsoever
.
And
farther
the
said
A.
B.
and
E.
B.
for
themselves
,
their
Heirs
,
Executors
,
Administrators
and
Assigns
,
and
for
every
of
them
,
do
covenant
and
grant
to
and
with
the
said
T.
P.
R.
S.
and
T.
P.
their
Heirs
,
Executors
and
Administrators
,
and
every
of
them
by
these
presents
,
That
they
the
said
A.
B.
and
E.
B.
and
either
of
them
,
their
and
either
of
their
Heirs
and
Assigns
,
lawfully
having
,
claiming
or
pretending
to
have
,
or
which
hereafter
shall
or
may
lawfully
claim
,
or
pretend
to
have
any
Estate
Right
,
Title
,
Interest
,
Claim
or
Demand
,
of
,
in
or
to
the
said
bargained
Premisses
,
or
of
,
in
or
to
any
part
or
parcel
thereof
,
by
,
from
or
under
them
the
said
A.
B.
and
E.
B.
or
either
of
them
,
their
or
either
of
their
Heirs
and
Assigns
,
shall
and
will
from
time
to
time
,
and
at
all
times
hereafter
,
at
the
reasonable
request
,
costs
and
charges
in
the
Law
of
the
said
T.
P.
R.
S.
and
T.
P.
their
Heirs
and
Assigns
,
make
,
do
,
acknowledge
or
cause
to
be
made
,
done
,
executed
,
acknowledged
and
suffered
,
all
and
every
such
farther
act
and
acts
,
thing
and
things
,
devise
and
devises
,
assurances
and
conveyances
in
the
Law
whatsoever
of
the
said
Premisses
,
as
by
the
said
T.
P.
R.
S.
and
T.
P.
their
Heirs
or
Assigns
,
their
or
any
of
their
Councel
Learned
in
the
Law
,
shall
be
reasonably
advised
or
required
,
be
it
by
Fine
or
Feoffment
,
Deed
,
or
Deeds
Inrolled
or
not
Inrolled
,
Recovery
or
Recoveries
with
single
,
double
,
or
more
Voucher
or
Vouchers
,
or
by
any
other
lawful
ways
or
means
whatsoever
,
for
the
better
assurance
and
sure
making
of
the
said
bargained
Premisses
,
and
every
part
and
parcel
thereof
,
with
their
and
every
of
their
Appurtenances
,
unto
the
said
T.
P.
R.
S.
and
T.
P.
their
Heirs
and
Assigns
for
ever
,
&c.
A
Letter
of
Attorny
to
deliver
seisin
.
A
Lease
of
Copy-hold
Land
,
with
the
Lords
Licence
recited
.
This
Indenture
,
&c.
Between
A.
B.
of
,
&c.
of
the
one
part
,
and
C.
D.
of
,
&c.
of
the
other
part
,
Witnesseth
,
That
the
said
A.
B.
by
virtue
of
a
Licence
,
before
the
sealing
and
delivery
of
these
presents
,
by
him
procured
and
obtained
of
and
from
E.
F.
Lord
of
the
Manor
of
W.
in
the
County
of
S.
for
the
granting
and
letting
to
Farm
,
the
Tenements
,
&c.
hereafter
in
and
by
these
presents
demised
to
the
said
C.
D.
according
to
the
tenor
and
true
meaning
of
these
presents
,
Hath
demised
leased
and
to
farm
let
,
and
by
these
presents
doth
demise
,
lease
,
and
to
farm
let
,
unto
the
said
C.
D.
&c.
all
,
&c.
To
have
and
to
hold
the
said
,
&c.
with
their
and
every
of
their
Apputenances
unto
the
said
C.
D.
his
Executors
,
Administrators
and
Assigns
,
from
the
,
&c.
for
and
during
the
term
,
and
unto
the
full
end
and
term
of
,
&c.
from
thenceforth
next
ensuing
and
fully
to
be
compleat
and
ended
,
Yielding
and
paying
therefore
yearly
and
every
year
,
during
the
said
term
,
unto
the
said
A.
B.
his
Heirs
and
Assigns
,
the
yearly
Rent
or
Sum
of
3
s.
of
,
&c.
at
,
&c.
(
with
clause
of
Distress
,
&c.
)
and
usual
Covenants
to
repair
,
&c.
And
also
the
said
C.
D.
for
himself
,
his
Executors
,
Administrators
and
Assigns
,
and
every
of
them
,
doth
covenant
,
promise
and
grant
to
and
with
the
said
A.
B.
his
Heirs
,
Executors
and
Assigns
,
That
he
the
said
C.
D.
his
Executors
nor
Assigns
,
nor
any
of
them
shall
do
,
or
wittingly
or
willingly
permit
or
suffer
any
act
,
matter
or
thing
whatsoever
,
which
may
forfeit
,
lose
,
or
impair
the
Estate
or
Interest
of
the
said
A.
B.
of
,
in
or
to
the
said
hereby
demised
Premisses
,
or
of
,
in
or
to
any
part
or
parcel
thereof
,
or
which
may
be
otherwise
hurtful
or
prejudicial
to
the
said
A.
B.
his
Heirs
or
Assigns
,
for
or
concerning
the
having
,
holding
or
enjoying
of
the
same
,
or
any
part
thereof
.
And
the
said
A.
B.
for
himself
,
his
,
&c.
doth
covenant
and
grant
,
to
and
with
the
said
C.
D.
his
Executors
and
Assigns
,
that
he
the
said
C.
D.
his
Executors
and
Assigns
,
under
the
payment
of
the
said
yearly
Rent
,
and
performance
of
the
Covenants
and
Agreements
aforesaid
,
which
on
his
and
their
parts
and
behalfs
are
and
ought
to
be
performed
,
shall
and
may
quietly
and
peaceably
have
,
hold
and
enjoy
all
and
singular
the
before-mentioned
to
be
hereby
demised
Premisses
,
and
every
part
and
parcel
thereof
,
during
the
term
hereby
demised
,
without
any
interruption
,
molestation
or
eviction
of
him
the
said
A.
B.
his
Heirs
and
Assigns
,
or
of
any
person
or
persons
whatsoever
,
now
lawfully
claiming
,
or
that
shall
or
may
hereafter
lawfully
claim
any
Estate
,
Right
,
Title
or
Interest
,
of
,
in
or
to
the
same
,
or
any
part
thereof
,
by
,
from
or
under
him
,
them
,
or
any
of
them
.
And
also
that
he
the
said
A.
B.
his
Heirs
,
Executors
and
Assigns
,
or
some
or
one
of
them
,
shall
and
will
from
time
to
time
,
and
at
all
times
hereafter
discharge
,
or
upon
reasonable
request
save
harmless
and
keep
indemnified
the
said
C.
D.
his
Executors
and
Assigns
,
of
,
for
and
from
all
Quit-Rents
,
payments
,
Duties
and
Services
to
be
had
,
paid
,
made
or
done
,
for
or
out
of
the
said
hereby
demised
Premisses
,
or
any
part
thereof
,
to
the
said
E.
F.
Lord
of
the
Manor
aforesaid
,
his
Heirs
and
Assigns
.
A
Release
of
a
Copy
hold
Estate
.
To
all
Christian
people
to
whom
these
presents
shall
come
,
A.
B.
of
,
&c.
and
C.
B.
of
,
&c.
Brother
of
the
said
A.
B.
send
Greeting
,
Whereas
the
said
A.
B.
is
or
was
seized
for
and
during
the
term
of
his
natural
Life
,
according
to
the
Custom
of
the
Manor
of
W.
in
the
,
&c.
of
and
in
one
Copy-hold
Messuage
,
or
Tenement
,
with
the
Appurtenances
in
W.
aforesaid
,
being
parcel
of
the
said
Manor
,
late
in
the
Tenure
or
Occupation
of
,
&c.
deceased
,
and
of
and
in
several
parcels
of
Land
,
Meadow
and
Pasture
,
to
the
same
belonging
,
or
reputed
part
thereof
.
And
whereas
the
said
C.
B.
hath
a
Copy-hold
Estate
for
the
term
of
his
Life
,
in
the
said
Messuage
and
Premisses
,
in
Reversion
,
after
the
death
of
the
said
A.
B.
as
by
the
Court
Rolls
of
the
said
Manor
of
W.
more
at
large
appeareth
.
Now
know
ye
therefore
,
That
the
said
A.
B.
and
C.
B.
for
and
in
pursuance
of
an
Agreement
heretofore
made
and
concluded
,
between
the
said
A.
B.
E.
F.
Esq
Lord
of
the
said
Manor
of
W.
of
and
for
the
said
Copy-hold
Estate
,
and
for
and
in
consideration
of
the
Sum
of
,
&c.
of
lawful
mony
of
England
,
by
him
the
said
E.
F.
in
hand
paid
,
to
the
said
A.
B.
and
C.
B.
or
one
of
them
,
before
the
sealing
and
delivery
hereof
,
the
receit
whereof
they
do
hereby
acknowledge
,
and
for
other
good
causes
and
considerations
them
hereunto
moving
,
have
granted
,
yeilded
up
,
surrendred
,
remised
,
released
and
quit
claimed
,
and
by
these
presents
they
the
said
A.
B.
and
C.
B.
do
,
and
either
of
them
doth
grant
,
yield
up
,
surrender
,
remise
,
release
and
for
ever
quit
claim
unto
the
said
E.
F.
and
unto
F.
C.
of
,
&c.
and
to
their
Heirs
,
Executors
and
Administrators
for
ever
(
which
said
E.
F.
and
F.
C.
are
,
or
one
of
them
now
is
,
Lord
of
the
said
Manor
of
W.
and
are
,
or
one
of
them
now
is
in
the
actual
possession
of
the
said
Premisses
)
their
said
several
and
respective
Copy-hold
Estates
in
the
said
Messuage
,
Lands
and
Premisses
,
and
in
any
part
or
parcel
of
the
same
,
and
all
their
and
either
of
their
Estate
,
as
well
Free-hold
as
Copy-hold
,
Right
,
Title
,
Interest
,
Possession
,
Claim
and
Demand
whatsoever
,
either
in
Law
or
Equity
,
or
according
to
the
Custom
of
the
said
Manor
,
or
otherwise
howsoever
.
And
the
said
A.
B.
and
C.
B.
do
for
themselves
,
their
Heirs
,
Executors
and
Administrators
,
covenant
and
grant
to
and
with
the
said
E.
F.
and
F.
C.
their
Heirs
,
Executors
and
Administrators
by
these
presents
,
that
they
the
said
A.
B.
and
C.
B.
shall
and
will
from
time
to
time
,
and
at
all
times
hereafter
,
upon
request
,
and
at
the
Costs
and
Charges
in
the
Law
of
the
said
E.
F.
and
F.
C.
or
either
of
them
,
do
and
perfect
,
or
cause
to
be
done
and
perfected
,
all
such
lawful
and
reasonable
acts
and
things
in
the
Law
,
for
the
surrendring
,
barring
,
and
extinguishing
of
their
or
either
of
their
Right
and
Estate
,
as
well
Free-hold
as
Customary
,
and
all
their
or
either
of
their
Claim
or
Demand
,
in
or
to
the
said
Messuage
or
Tenement
and
Premisses
,
or
any
of
them
,
as
by
them
the
said
E.
F.
or
either
of
them
,
their
or
either
Heirs
or
Assigns
,
of
the
said
Manor
,
shall
be
reasonably
advised
and
required
,
In
Witness
,
&c.
Copy
of
a
Court
Roll
,
or
an
Extract
of
a
Surrender
out
of
the
Rolls
of
the
Court.
Ad
curiam
Baron
F.
R.
Mil
&
Baronet
,
Dom
manerij
pred
ibid
tent’
die
Lune
videlicet
secundo
die
Junij
Anno
Domini
millesimo
sextentesimo
nonagesimo
Annoque
Regni
Domini
〈◊〉
Gulielmi
&
Mariae
,
Dei
gratia
Anglie
,
Scotie
,
Francie
&
Hibernie
Regis
&
Regine
fidei
defensor
,
&c.
primo
coram
S.
C.
Arm
Senescallo
ibid
Irrotulatur
sic
.
Ad
hanc
curiam
venit
A.
B.
unus
custum
tenen
Manerij
pred
in
propria
persona
sua
&
sursum
reddidit
in
manus
Domini
per
manus
Senescalli
sui
pred
secundum
consuetud
Manerij
pred
unum
messuaḡ
sive
tenementum
&
decem
acras
pasture
cum
pertin
in
A.
pred
infra
Manerium
pred
ad
opus
&
usum
C.
D.
hered
&
assignat’
suorum
imperpetuum
.
Cui
Dominus
per
senescallu
pd
concessit
inde
seisinam
,
per
virḡ
Habend
sibi
&
heredibus
suis
Tenend
de
Domino
per
virgam
ad
voluntatem
Domini
secundum
consuetudinem
manerij
pd
per
redditus
&
servitia
inde
prius
debit’
&
de
jure
consuet’
.
Et
dat
Domino
de
fine
pro
ingressu
suo
inde
habend
quadragint’
solid
fecit
fidelitatem
&
admissus
est
tenens
.
Another
form
according
to
Littleton
.
Ad
hanc
curiam
venit
A.
de
B.
&
sursum
reddidit
in
ead
curia
unum
messuagium
,
&c.
in
manus
Domini
ad
usum
C.
de
D.
&
heredum
suorum
(
vel
hered
de
corpore
suo
exeuntium
vel
ꝓ
termino
vite
,
&c.
)
Et
super
hoc
venit
predictus
C.
de
D.
&
cepit
de
Domino
in
ead
curia
messuaḡ
pdict’,
,
&c.
Habendum
&
tenendum
,
sibi
&
heredibus
suis
(
vel
sibi
&
hered
de
corpore
suo
exeuntibus
vel
sibi
ad
terminum
vite
,
&c.
Ad
voluntatem
Domini
secundum
consuetud
manerij
faciendo
&
reddendo
inde
redditus
servitia
&
consuetudines
inde
prius
debita
&
consueta
,
&c.
Et
dat
Domino
ꝓ
fine
,
&c.
Et
fecit
Domino
fidelitatem
,
&c.
Ad
hanc
curiam
H.
H.
filius
&
heres
W.
H.
defunct'
sursum
reddidit
in
manus
Dom
Manerij
pdict’
per
Senescallum
pdict’
totum
,
&c.
ad
usum
pdict’
H.
ꝓ
termino
vite
sue
,
&
post
ejus
decessum
ad
usum
W.
H.
&
heredibus
suīs
per
se
e
corpore
Mariae
tunc
Vxoris
sue
legitime
procreat’
sive
procreand
.
Et
ꝓ
defectu
talis
exitus
ad
usum
rectorum
heredum
,
&c.
Et
superinde
ad
istam
eandem
curiam
vener
pdict’
H.
H.
&
W.
H.
in
propriis
personis
suis
et
petunt
se
inde
admitti
tenentes
,
unde
Dominus
pdict’
per
Seescalluu
suu
pdict’
secundum
consuetudinem
Manerij
pdict’
concessit
eisdem
H.
H.
&
W.
H.
ead
tenementa
cum
pertinentiis
Habend
&
tenend
ead
tenementa
cum
pertinentiis
eid
H.
pro
&
durante
vita
sua
naturali
.
Et
post
ejus
decessum
eid
W.
&
heredibus
suis
per
se
e
corpore
Mariae
tunc
Vxoris
suis
legitime
procreat’
sive
procreand
&
ꝓ
defectu
talis
exitus
rectis
,
&c.
imperpetuum
secundum
consuetud
Manerij
predict’
&
reddit’
Herriot
sect’
curie
consuet’
&
servitia
inde
prius
debit’
&
de
jure
consuet’
&
sic
iidem
H.
&
W.
admissi
sunt
inde
tenentes
&
dedere
Domino
de
fine
ꝓ
tali
ingressu
suo
sic
inde
habend
quatuor
libras
&
fecerunt
Domino
fidelitatem
Dat’
sub
Sigillo
Senescalli
pdict’
die
&
Anno
supradicto
.
Per
me
S.
E.
Senescal
Surrender
of
Copy-hold
Lands
for
Life
,
the
Remainder
in
Fee
,
taken
by
the
Steward
out
of
Court
.
Ad
hant
Curiam
Testatum
est
per
A.
H.
Seneschallum
Cu●ie
pdict’
quod
primo
die
Maij
Anno
Regni
dicti
Dom
Regis
nunc
tricesimo
A.
B.
geu
jacens
in
extremis
sursum
reddidit
in
manus
Domini
,
per
manus
dicti
Senescall
extra
curiam
in
presentia
E.
F.
G.
H.
&
J.
K.
secundum
consetudinem
manerij
pdict’
unum
,
&c.
infra
maner
pdict’
vocatur
Nocks
Farm
,
ad
opus
&
usum
E.
Vxoris
ejusdem
E.
remanere
inde
S.
T.
&
U.
W.
filiis
natu
minoribus
pdict’
A.
B.
&
hered
suis
proviso
tamen
semper
&
sub
hac
conditione
qd
si
contingat
aliqm
pdictor
S.
&
V.
obire
sine
heredibus
de
corpore
suo
exeun
quod
tunc
ipse
qui
supervixerit
habebit
&
gaudebit
pdict’
,
&c.
Et
cetera
premissa
ꝑdicta
cum
pertin
sibi
&
heredibus
suis
imperpetuum
&
suꝑ
hoc
venit
hic
in
cur
pdict’
E.
in
propria
persona
sua
&
petit
se
admitti
ad
,
&c.
Et
cetera
premissa
pdict’
cum
pertin
cui
Dominus
per
Senescallum
suum
concessit
inde
per
virgam
seisinam
habend
sibi
in
forma
pdict’
ad
voluntatem
Domini
secundum
consuetud
manerij
pdict’
.
Et
dat
Domino
de
fine
ꝓ
ingressu
suo
inde
habend
vigint’
solid
fecit
fidelitatem
&
admissus
est
inde
tenens
.
A
Surrender
out
of
Court
of
a
Reversion
to
the
use
of
a
Man
and
his
Wife
,
and
the
Heirs
of
the
Body
of
the
Husband
,
the
Remainder
to
the
Heirs
of
the
Body
of
the
Wife
,
the
Remainder
to
the
Husband
of
the
present
Tenant
for
Life
in
Tayl
,
the
Remainder
to
the
present
Tenant
for
Life
in
Tayl
,
the
Remainder
to
another
in
Fee
,
with
the
Lords
acknowledgment
of
a
satisfaction
of
a
Fine
;
the
Surrenderor
surrendreth
all
his
Right
,
&c.
to
the
Husband
and
Wife
,
the
present
Tenant
for
Life
,
to
the
Uses
aforesaid
.
Ad
hanc
curiam
Testatum
est
per
predict’
T.
P.
Senescallum
ibid
quod
,
&c.
die
,
&c.
Anno
,
&c.
T.
J.
venit
coram
prefato
Senescallo
in
propria
persona
sua
&
sursum
reddidit
in
manus
Domini
per
manus
dicti
Seneschalli
extra
cur
in
presentia
L.
D.
C.
K.
&
J.
T.
secundum
consuetud
manerij
pdict’
reversionem
unius
Messuagij
sive
Tenementi
sexdecim
acras
prati
,
&c.
ac
reversionem
duorum
Cottagiorum
,
&c.
cum
pertin
in
,
&c.
infra
manerium
pdict’
.
Ad
opus
&
usum
D.
T.
&
K.
Vxor
ejus
&
heredibus
de
corpore
pdict’
D.
legitime
procreat’
cum
post
mortem
cujusdam
A.
modo
Vxor
H.
J.
acciderint
.
Et
pro
defectu
talis
exitus
de
corpore
pdict’
D.
T.
legitime
procreat’
remanere
inde
prefat’
K.
Vxori
prefat’
D.
et
heredibus
de
corpore
ejusdem
K.
legitime
procreat’
&
pro
defectu
talis
exitus
remanere
inde
prefat’
H.
J.
&
hered
de
corpore
suo
Legitime
procreat’
&
pro
defectu
talis
exitus
remanere
inde
prefato
A.
Vxori
pdict’
J.
H.
&
heredibus
de
corpore
ejusdem
A.
Legitime
procreat’
&
pro
defectu
talis
exitus
remanere
inde
V.
S.
&
heredibus
suis
imperpetuu
Quibus
,
quidem
D.
T.
&
K.
Vxor
ejus
Dominus
per
Senescallu
suum
pdict’
Dom
ad
hanc
curiam
concessit
inde
per
virgam
seisinam
Habend
&
Tenend
pdict’
Messuagium
Cotta-&
cetera
premissa
pdict’
cum
pertin
in
reversione
secundum
consuetud
Manerii
pdicti
cum
post
mortem
pdict’
A.
Vxoris
pdict’
H.
J.
acciderint
prefat’
D.
&
K.
Vxori
ejus
&
heredibus
de
corpore
pdict’
D.
Legitime
procret’
&
pro
defectu
talis
exitus
remanere
inde
prefato
K.
Vxori
prefat’
D.
&
heredibus
de
corpore
ejusdem
K.
Legitime
procreat’
&
pro
defectu
talis
exitus
remanere
inde
prefat’
H.
J.
&
heredibus
de
corpore
suo
Legitime
procreat’
&
pro
defectu
talis
exitus
remanere
inde
prefat’
A.
Vxori
pdict’
H.
J.
&
heredibus
de
corpore
ejusdem
A.
Legitime
procreat’
&
pro
defectu
talis
exitus
remanere
inde
pfat’
V.
S.
&
heredibus
suis
imperpetuum
ad
voluntatem
Domini
secundum
consuetudinem
Manerii
pdict’
ꝑ
reddit’
&
servitia
inde
prius
debit’
&
de
jure
consuet’
Et
pdict’
D.
&
K.
Vx.
ejus
dant
Domino
de
fine
pro
tali
statu
suo
inde
habend
centum
solid
&
admissi
sunt
inde
tenentes
modo
&
forma
predict’
&c
predict’
Dominus
concessit
se
satisfact’
de
predicto
fine
inde
habend
ꝓ
Messuagio
Cottagiis
&
ceteris
premissis
predict’
cum
pertin
de
predictur
▪
D.
&
K.
Vxore
ejus
cum
predict’
Messuagiu
Cottagia
&
cetera
premissa
pdict’
cum
pertin
post
mortem
predict’
A.
Vxoris
predict’
J.
H.
ad
manus
sua
devenerint
Et
postea
ad
hanc
curiam
venit
predict’
F.
J.
in
propria
ꝑsona
sua
&
hic
in
plena
curia
sursum
reddidit
in
manus
Domini
tota
jus
titulu
clameu
&
interesse
sua
in
omnibus
predic
Messuagio
Cottagiis
▪
&
ceteris
premissis
cum
pertin
ad
usus
predict’
&
ulteris
remisit
relaxavit
&
omnino
ꝓ
se
&
heredibus
suis
quiet’
clamavit
prefat’
H.
J.
&
A.
Vxori
ejus
totum
jus
titulum
clameum
interesse
&
demaund
sua
que
ipse
T●●
.
unquam
habuit
in
predict’
Messuagio
Cottagiis
&
ceteris
premissis
predict’
cum
ꝑtin
habend
&
tenend
omnia
&
singula
pdict’
Messuagium
&
Cottagia
&
cetera
premissa
pdict’
cum
ꝑtin
pfat’
H.
&
J.
Vxori
ejus
ꝓ
termino
vite
pdict’
A.
&
post
decessum
ejusdem
A.
remanere
omniu
pdict’
terraru
&
tenementor
cum
ꝑtin
pfat’
D.
T.
&
K.
Vxori
ejus
&
heredibus
de
corpore
pdict’
D.
Legitime
procreat’
&
ꝓ
defectu
talis
exitus
remanere
inde
pfat’
K.
Vxori
pdict’
D.
&
heredebus
de
corpore
ejusdem
K.
Legitime
procreat’
&
ꝓ
defectu
talis
exitus
remanere
inde
pfat’
H.
J.
&
heredibus
de
corpore
pdict’
H.
J.
Legitime
procreat’
&
pro
defectu
talis
exitus
remanere
inde
pfat’
A.
Vxor
ꝑdict’
H.
J.
&
heredibus
de
corpore
ejusdem
A.
Legitime
procreat’
&
ꝓ
defectu
talis
exitus
remanere
inde
pdfat’
V.
S.
&
heredibus
suis
imperpetuu
ad
voluntatem
Domini
secundu
consuetud
manerii
pdict’
,
&c.
After
abatement
and
intrusion
the
Lord
seizeth
the
Lands
,
and
grants
them
to
the
Abator
for
term
of
Life
,
Remainder
to
the
next
Heir
of
the
Disseisee
and
in
Tayl
,
Remainder
in
Fee
.
Compertu
est
ꝑ
homagiu
ibid
quod
quidam
O.
B.
Miles
defunct’
tenuit
de
Domino
hujus
Manerii
die
quo
obiit
sibi
&
heredibus
suis
ad
voluntatem
Domini
secundum
consuetudinem
Manerii
pdict’
unum
Messuag'
,
&c.
cum
ꝑtin
in
A.
pdict’
infra
Maner
pdict’
&
quod
pdict’
O.
obiit
de
tali
statu
suo
inde
seisit’
ꝑ
sex
annos
●am
ultimo
elapsos
&
amplius
&
quod
quida
H.
R.
in
jure
Vxoris
sue
quonda
uxoris
L.
B.
Arm
filii
pdict’
O.
B.
immediate
post
decessu
pdict’
O.
B.
in
pdict’
Messuag'
,
&c.
&
cetera
premissa
pdicta
cum
ꝑtin
abatavit
intravit
&
intrusit
super
possession
Dni
Manerii
pdict’
in
exheredetation
dicti
Dom
Manerii
pdict’
successor
suor
&
contra
consuetud
Manerii
sui
pdict’
a
tempore
cujus
contrarii
meomria
hominu
non
existit
in
eod
Manerio
usitat’
&
approbat’
&
exitus
&
ꝓficua
inde
a
tempore
mortis
pdict’
O.
B.
ad
suu
propriu
usu
hucusque
habuit
&
percepit
nor
capiend
pdict’
Messuag'
&c.
&
cetera
pmissa
pdict’
cum
ꝑtin
extra
manus
Dom
Manerii
predict’
nec
fecit
inde
Dno
fine
ꝓ
eisdem
secundum
consuetud
Manerii
sui
pdict’
&
sic
pdict’
H.
R.
tenuit
&
occupavit
pdict’
Messuag'
.
&
per
pdict’
sex
annos
ult’
elapsos
&
amplius
contra
consuetud
Manerii
pdict’
.
Ideo
pceptu
est
ballivo
Manerii
pdict’
seisire
in
manus
Domini
pdict’
Messuag'
,
&c.
&
cetera
premissa
pdict’
cum
ꝑtin
quousque
,
&c.
Et
Dominus
modo
habens
inde
seisinam
ad
humilem
petitionem
pdict’
H.
R.
ex
gratia
sua
speciali
ad
hanc
curiam
concessit
extra
manus
suas
pdict’
Messuag'
,
&c.
pfat’
R.
H.
&
A.
Vxori
ejus
ad
terminum
vite
ipsius
A.
&
liberata
est
eis
seisina
ꝑ
virgam
Habend
&
tenend
pdict’
Messuag'
,
&c.
pfat’
R.
&
A.
ad
terminum
vite
ipsius
A.
ad
voluntatem
Domini
secundum
consuetud
Manerii
pdict’
&
post
decessum
ipsius
A.
remanere
inde
quibusdam
D.
T.
&
K.
Vxori
ejus
consanguin
&
proxime
heredibus
pdict’
O.
B.
videlicet
filie
pdict’
L.
B.
filij
O.
B.
&
heredibus
de
corpore
pdict’
D.
T.
Legitime
pdict’
procreatur
&
pro
defectu
talis
exitus
remanere
inde
pfat’
K.
&c.
(
with
Remainder
over
in
Fee
to
V.
S.
)
tenend
de
Domino
per
virgam
ad
voluntatem
Domini
secundum
consuetudinem
Manerii
pdict’
per
reddit’
&
servitia
inde
prius
debit’
&
de
jure
consuet’
Et
tam
pdict’
H.
R.
&
A.
Vxor
ejus
quam
pdict’
D.
T.
&
K.
Vxor
ejus
dant
Domino
de
fine
ꝓ
tali
ingressu
suo
inde
habend
de
&
in
premissis
5
libras
fecer
Dom
fidelitatem
&
admissi
sunt
inde
tenentes
modo
&
forma
pdictis
,
&c.
Surrender
out
of
Court
to
several
Uses
upon
a
Marriage
Settlement
.
Compertum
est
per
Homagium
ibid
quod
A.
B.
qui
tenuit
(
ut
supra
)
unu
Messuag'
sive
Tenementum
vocat’
,
&c.
in
A.
infra
Manerium
pdict’
citra
ult’
Curia
&
extra
Curia
sursu
reddidit
in
manus
Dni
per
manus
H.
K.
&
J.
W.
duor
custum
tenen
Manerii
pdict’
secund
consuetud
Manerij
illius
pdict’
Messuagiu
seu
Tenementu
&
cetera
premissa
pdict’
cum
ꝑtin
ad
opus
&
usu
pdict’
A.
B.
&
Hered
&
Assign
suor
usque
ad
solempnization
cujusda
intensi
marritaḡ
(
permissione
Divina
)
cito
habitur
&
solempnizatur
inter
quenda
C.
D.
filium
&
heredem
apparen
pdict’
A.
B.
ex
una
parte
&
quandam
A.
D.
de
A.
pdict’
Spinster
ex
altera
parte
&
ab
&
immediate
post
solempnization
ejusd
Maritaḡ
tunc
ad
opus
&
usu
pdict’
A.
B.
pro
&
durante
termino
vite
sue
naturalis
,
&
ab
&
immediate
post
ejus
decessum
tunc
ad
opus
&
usum
S.
Vxoris
ejus
pro
&
durante
termino
vite
sue
naturalis
&
ab
&
immediate
post
decessus
(
Anglice
)
deceases
ipsorum
A.
B.
&
S.
Vxoris
ejus
&
decessum
eor
superviventis
tunc
ad
opus
&
usum
pdict’
C.
D.
ꝓ
&
durante
termino
vite
sue
naturalis
&
ab
&
immediate
post
decessus
ipsor
pdict’
A.
B.
&
S.
Vxor
ejus
C.
D.
&
decessum
eoru
superviventis
tunc
ad
opus
&
usu
pdict’
A.
Vroris
sue
intense
pdict’
C.
D.
ꝓ
&
durante
termino
vite
sue
naturalis
&
ab
&
immediate
post
decessus
ipsoru
pdict’
J.
B.
&
S.
Vxor
ejus
C.
D.
&
A.
Vxoris
sue
intense
&
decessum
eorum
superviventes
tunc
ad
opus
&
usum
heredu
de
corpore
pdict’
C.
D.
suꝑ
corpus
pdict’
A.
legitime
procreat'
vel
fore
ꝓcreand
Et
ꝓ
defectu
talis
exitus
tunc
ad
opus
&
usum
Hered
&
Assign
pdict’
C.
D.
imperpetuu
Tenend
de
Dno
ꝑ
virgam
ad
voluntatem
Dni
secundi
consuetud
Maner
pdict’
Qui
quidem
A.
B.
&
S.
Vxor
ejus
citra
ult’
Curiam
obierunt
Et
modo
ad
hanc
Curiam
venit
C.
D.
in
ꝓpria
psona
sua
&
petit
se
admitti
ad
pdict’
Messuagiu
sive
tenementu
&
cetera
premissa
pdicta
rum
ꝑtiu
Cui
Dns
ꝑ
Senescalu
suu
concessit
inde
ꝑ
virgam
seisinam
Habend
&
Tenend
eid
C.
D.
&
Assign
suis
ꝓ
termino
vite
sue
naturalis
remanere
inde
ꝓut
superius
Limitatur
ac
tenend
de
Dno
ꝑ
reddit’
ꝑ
annum
50
s.
&
alia
servitia
inde
prius
debit’
&
de
jure
consuet’
Et
dat
Domino
de
fine
,
&c.
fecit
fidelitat’
&
admissus
est
inde
tenens
.
Presentment
of
a
Surrender
made
in
Court
,
with
the
Admittance
of
the
Tenant
next
Heir
.
Iuratores
pdict’
psentant
super
sacramentum
suum
quod
J.
S.
custumarius
tenens
Manerii
pdict’
qui
tenuit
sibi
&
heredibus
suis
de
Dno
hujus
Manerii
secundum
consuetud
Manerii
pdict’
unum
Messuagium
sive
tenementum
,
&c.
cum
ꝑtin
in
A.
ante
hanc
curiam
obiit
inde
seisitus
&
quod
H.
S.
est
unicus
frater
&
heres
proxim
pdict’
T.
S.
&
plene
etatis
qui
presens
hic
in
Curia
petit
se
admitti
tenentem
ad
omnia
terras
&
tenementa
custumaria
de
quibus
ipse
pdict’
T.
S.
obiit
inde
seisitus
videl
ad
pdict’
Messuag'
,
&c.
&
cetera
premissa
pdict’
cum
pertin
in
A.
pdict’
infra
Maner
pdict’
cui
quidem
H.
S.
Dominus
per
Senescallum
pdict’
concessit
inde
per
virgam
seisinam
Habend
&
Tenend
Domino
per
virgam
ad
voluntatem
Dom
secundum
consuetud
Manerii
pdict’
per
redditus
&
servitia
inde
prius
debit’
&
de
jure
consuet’
&
dat
Domino
de
fine
ꝓ
ingressu
suo
inde
habend
decem
in
libras
&
fecit
Dom
fidelitatem
&
admissus
est
inde
tenens
.
The
finding
of
the
death
of
a
Tenant
and
of
the
Lands
and
Heir
with
the
admission
of
the
Tenant
,
and
a
Presentment
made
in
Court
between
the
Heir
and
his
Mother
touching
her
Dower
,
and
the
Mothers
Release
of
her
Dower
.
Iuratores
&c.
presentant
quod
R.
B.
unus
custumar
tenen
manerii
pdict’
obiit
post
ult’
Curiam
solus
seisitus
de
&
in
diversis
custumariis
terris
&
Tenementis
tent’
de
manerio
pdict’
in
Dominico
suo
ut
de
feodo
secundum
consuetud
manerii
pdict’
&
quod
N.
B.
est
unicus
filius
&
heres
ꝓximus
pdict’
R.
secundum
consuetud
manerii
pdict’
&
plene
etatis
vigint’
&
unius
annor
&
ultra
qui
presens
hic
in
Curia
petit
se
admitti
tenentem
ad
omnia
&
singula
pmissa
predicta
videlt’
ad
unum
tenementu
,
&c.
tent’
per
redditum
quinque
solidorum
9
d.
&
ad
unum
clausum
,
&c.
tent’
per
redditum
3
s.
4
d.
per
annum
&
ad
,
&c.
&
sectam
curie
omnia
que
quidem
pmissa
cum
ꝑtin
pdict’
R.
B.
nuper
cepit
in
curia
manerii
pdict’
de
sursum
redditione
J.
B.
jun
ꝓut
apud
Curiam
hic
tent’
die
Martii
8
die
Octobris
Anno
,
&c.
apparet
ac
etiam
ad
unam
aliam
peciam
terre
custumar
,
&c.
continen
12
acras
,
&c.
pdict’
R.
B.
super
hic
in
Curia
manerii
pdict’
cepit
sibi
&
heredibus
suis
post
sursum
redditionem
inde
fact’
per
pdict’
J.
W.
ꝓut
apud
Curiam
,
&c.
plenius
liquet
&
apparet
que
quidem
12
acre
fuere
tent’
de
Domino
Manerii
pdict’
per
redditum
14
s.
&
sectam
Cur
&
admissus
est
inde
tenens
cui
quidem
N.
seisina
tradita
est
sibi
&
heredibus
suis
per
virgam
ad
voluntatem
Domini
secundum
consuetud
manerii
pdict’
per
servitia
&
annuales
redditus
pdict’
salvo
jure
,
&c.
&
dat
Dno
de
fine
,
&c.
&
fecit
fidelitatem
,
Et
postea
ad
eandem
Curiam
vener
pdict’
N.
B.
&
E.
vid
relict’
pdictur
R.
B.
&
dant
curie
hic
intelligi
quod
ipsi
sunt
agreati
inter
semet
ipsos
de
&
concernen
dote
pdict’
E.
in
pmissis
secundn
consuetudinem
manerii
pdict’
super
quo
pdict’
E.
presens
hic
in
curia
remisit
&
relaxavit
in
manus
Dom
pdict’
totam
dotem
&
titulum
dotis
sue
&
demand
quodcunque
illi
ꝑtin
secundum
consuetudinem
manerii
pdict’
de
&
in
omnibus
&
singular
custumariis
terris
&
tenementis
tent’
de
manerio
pdict’
que
nuper
fuere
pdict’
R.
B.
nuper
viri
sui
ad
opus
&
usum
pdict’
N.
B.
in
(
plena
&
pacifica
sua
possessione
inde
existen
)
&
Hered
&
Assign
suorum
imperpetuum
ita
quod
pdict’
E.
abhinc
in
posterum
nullo
modo
requiret
clamaret
sive
demandaret
aliquam
dotem
de
in
sive
ad
pmissa
vel
aliquam
parcellam
inde
secundum
consuetud
manerii
pdict’
sed
inde
&
de
&
absqe
omnibus
actionibus
&
demandis
talis
dotis
concernen
pmissa
erit
preclusa
&
exclusa
imperpetuu
per
hoc
presens
Irrotulamentu
&
ꝓ
hac
remis̄
&
relaxatione
pdict’
E.
N.
dedit
pdict’
E.
104
l.
3
s.
4
d.
legalis
monete
Anglie
&
dedit
Dom
de
fine
&c.
ꝓ
relaxatione
pdict’
,
&c.
Presidents
of
Copies
of
Court
Rolls
,
Presentment
by
the
Homage
of
the
Copy-hold
Customs
.
Several
sorts
of
Surrenders
,
Absolute
,
Conditional
.
Surrenders
to
the
use
of
ones
last
Will
.
Presentment
that
Copy-hold
Lands
are
Enfranchised
.
Admittances
.
Admittance
by
Guardian
.
Licence
to
demise
for
years
.
Releases
.
Proclamations
for
not
coming
in
and
taking
up
the
Estate
,
and
Seizure
by
the
Lord
,
&c.
-
F.
E.
Jur.
-
T.
S.
Jur.
-
-
T.
S.
Jur.
-
I.
S.
Jur.
-
T.
W.
Jur.
-
I.
R.
Jur.
-
R.
P.
Jur.
-
R.
A.
Jur.
-
E.
K.
Jur.
-
M.
D.
Jur.
-
I.
H.
Jur.
-
R.
S.
Jur.
-
D.
A.
Jur.
-
I.
E.
Jur.
-
I.
S.
Jur.
-
A.
C.
Jur.
-
C.
E.
Jur.
-
S.
W.
Jur.
-
R.
S.
Jur.
-
B.
M.
Jur.
Communis
Finis
sol
in
Cur.
Iuratores
pdict’
dicunt
&
presentant
quod
E.
F.
incroachavit
super
Vastu
hujus
Manerii
prope
T.
Lane
&
M.
Lane
duce
n
erga
W.
&
E.
B.
&
cum
sepibus
&
fossis
partem
vasti
pdict’
inclusit
Ideo
Ordinat’
est
ꝑ
Cur
hic
quod
E.
vastum
pdict’
sic
ut
pfert’
Inclusu
patifaciat
infra
decem
dies
nunc
prox'
sequen
Subpena
vj.
s.
vij
d.
Iuratores
pdict’
super
sacram
suu
pdict’
ulterius
dicunt
&
psentant
qd
T.
S.
inchochavit
suꝑ
vastu
pdict’
&
cum
postib
longuriis
&
palis
altam
viam
regiam
in
W.
pdict’
ducen
ad
villam
,
&c.
de
C.
B.
pdict’
obstruxit
Ideo
considerat’
est
ꝑ
Cur
hic
qd
pdict’
T.
obstructionem
pdict’
sic
ut
pfert’
per
ipsn
M.
factam
removeat
infra
tempus
pdict’
Subpena
xx
d.
Iuratores
pdict’
super
Sacram
suum
pdict’
ulter
presentant
qd
N.
D
un
Constabular
Parochie
de
,
&c.
pdict’
pro
Anno
preterito
infra
Iurisdictionem
hujus
lete
Officium
suum
Constabnlar
negligent’
exercuit
Ideo
ipse
in
misericordia
x
s.
Iuratores
pdict’
super
Sacram
pdict’
ulterius
dicunt
qd
ipsi
in
omnib
concernen
inclusion
magni
vasti
vocat’
,
&c.
concordant
cum
presentamento
homagii
ad
hanc
Cur
fact’
.
Iuratores
pdict
super
Sacram
suu
pdict’
ulterius
dicunt
quod
L.
W.
&c.
&
I.
S.
de
S.
M.
sunt
&
quilibet
eor
est
resien
&
Commoran
infra
jurisdictionem
hujus
Lete
&
licet
debito
modosummonitur
&
exact’
fuer
&
quilibet
eorum
summonit’
&
exactus
fuit
non
Comperuer
nec
eoum
alter
comperuit
sed
defalt’
fecer
&
quilibet
eor
defalt’
fecit
ideo
in
misericordia
sunt
&
quilibet
eor
in
misericordia
est
xij
d.
Amerciamenta
pdict’
afferatur
fuer
per
-
S.
S.
-
T.
S.
Iur
qui
ad
inde
Iur
fuer
.
Nomina
Officiar'
pro
Anno
Sequente
.
Eligerunt
L.
P.
&
R.
W.
fore
Constabular
Parochie
de
,
&c.
ꝑ
anno
futuro
qui
quidem
R.
W.
Iurat’
fuit
ad
Officium
illud
bene
&
fidel
performand
&
exequend
eliger
I.
S.
&
H.
fore
subc̄on
stabular
Parochie
predict’
pro
Anno
pdict’
qui
quidem
I.
S.
Iuratus
fuit
.
Eligerunt
T.
S.
&
I.
S.
fore
cervicie
gustatores
pro
Anno
futuro
.
Eliger
H.
B.
&
T.
B.
fore
Sigillatores
pro
Anno
futuro
.
Eliger
W.
E.
fore
corij
Custod
Com̄nis
pro
Anno
futuro
.
Homage
and
Presentment
of
Custom
of
the
Manor
.
Homag
.
-
S.
H.
Gen
-
S.
T.
-
I.
H.
-
W.
A.
-
W.
H.
-
I.
H.
Jur.
-
I.
C.
Jur.
-
C.
H.
Jur.
-
I.
R.
Jur.
-
I.
F.
Jur.
-
C.
N.
Jur.
-
R.
C.
Jur.
-
T.
S.
Jur.
Homaḡ
.
pdict’
sup
Sacram
suu
pdict’
dic
quod
R.
N.
Arm
I.
H.
&
I.
K.
sunt
tenentes
Dn̄or
&
debent
sect’
Cur
hic
&
ad
hunc
diem
defalt’
fecer
&
quilibet
eor
defalt’
fecit
Ideo
quilibet
in
misericordia
1
s.
Presentment
of
Copy-hold
Custom
.
Item
presentant
pro
Cusiumis
hujus
Manerii
ꝓut
sequit’
(
viz.
)
Imprimis
qd
Cur
Let’
&
Cur
Baron
teneri
debent’
infra
Maneriu
super
diem
Martis
in
qualibet
septimana
Pasche
Annuatim
.
Item
quod
ad
hujus
Cur
tempore
in
eujus
contrarin
memoria
hominum
non
existit
Constab
&
sub
Constab
elect’
fuer
ꝓ
illa
ꝑte
Parochie
de
S.
M.
que
jacet
infra
maneriu
pdict’
nec
non
duo
Constab
&
sub
Constab
C.
B.
&
unu
utriusque
ꝓ
E.
B.
alia
Villa
.
Item
qd
quilibet
Tenens
Custumar
maerem
&
al
Arbores
super
Tenement’
sun
crescen
desecare
possit
absque
licentia
Dn̄or
.
Item
quod
Homagium
Iur
ad
quamlibet
Cur
super
eor
visu
alicujus
Nocument’
vel
inchrochiament
inter
Tenen
Custumar
per
mulcta
sive
pena
redigere
valeant
.
Item
quod
super
visum
et
presentament’
per
homaḡ
quod
aliqu
.
Customar
Tenement’
,
&c.
fit
in
decasu
si
Tenens
hujusmodi
Tenementi
illud
infra
tal
tempus
convenien
qual
homagin
propterea
appunctuavit
non
reparabit
Tenement’
suu
sic
in
decasu
Domino
forisfacit
.
Item
quod
duo
Tenentes
Custumar
Iurat’
vel
alter
edrum
unacu
Balliva
Manerij
pdict’
fursum
redditiones
in
extremis
tant’
capere
possunt
Quodque
nullus
al
preter
Senescalll
Dominorum
per
paten
vel
ejus
deputat’
sursum
redditiones
extra
Cur
cape
possit
.
Item
quod
omnes
Admissiones
per
Dominos
dat’
extra
Cur
necnon
omnes
sursum
redditiones
ꝑ
ipsos
sic
capt’
homagio
ad
prox
Cur
communicari
debeant
.
Item
qd
omnes
sursu
redditiones
per
Senescal
vel
ejus
Deputat’
seu
per
Tenentes
Iur
capt’
ad
Cur
prox
sequen
Capcon
hum̄odi
sursu
redditionis
presentari
debeant
.
Item
qd
feoda
Cur
sunt
ꝓut
sequit’
(
viz.
)
ꝓ
qualibet
singul
sursu
redditione
secreta
examinatione
femine
nupt’
ac
admissione
in
Cur.
|
|
s.
|
d.
|
|
Senescallo
|
6
|
8
|
|
Clerico
|
2
|
8
|
|
Homagio
|
0
|
4
|
|
Ballivo
|
0
|
4
|
|
|
10
|
Quodque
Omnes
duplices
sursum
redditiones
&
Admissiones
solvant
feoda
duplic
Ac
sil̄iter
omnes
sursu
redditiones
Examinationes
&
Admisssiones
ad
Curias
Speciales
Necnon
Omnes
sursu
redditiones
capt’
per
Senescallum
extra
Cur
.
Item
qd
omnes
inhabitantes
infra
Paroch'
&c.
fodere
valeant
ac
a
tempore
quo
Hom
memoria
in
contrar
non
existit
fod
erunt
Arenam
.
Anglice
Loam
infra
infra
magnu
vastum
sive
Communiam
ibidem
vocat’
B.
C.
pro
reparatione
altaru
viar
Parochie
illius
necnon
pro
emendation
&
reparation
tenementor
suor
infra
dict'
Parochiam
absque
solutione
aliq'
Dominis
hujus
Manerii
ꝓinde
.
Item
presentant
qd
propositiones
ad
Cur
prior
per
Dominos
ꝓposiit
in
ordinem
ad
includend
Communiam
in
novem
separalib̄
Paragraphiis
content’
sunt
in
Opinionib
Iur
nullo
modo
ad
advantaḡ
Tenentiu
hujus
Manerii
ac
ꝓ
inde
propositiones
illas
idon
non
putant
.
1.
Pro
eo
quod
proportio
perinde
per
Dominos
clamat’
existens
integra
tertia
pars
valde
irrationabilis
videtur
.
2.
Pro
eo
quod
tenura
precipue
in
relatione
ad
liberos
tenentes
nec
non
redditus
proinde
reservat’
est
in
eorum
opinione
per
magna
&
irrationabilis
.
3.
Pro
eo
quod
super
totam
materiam
opinio
est
Iuratorum
quod
si
vetus
Communis
Restrictio
renovat’
&
confirmat’
esset
multo
plus
foret
pro
beneficio
Parochie
de
,
&c.
predict’
quam
aliter
esse
potest
per
includend
Communiam
pdict’
quodque
quedam
particularis
Curia
capiatur
pro
prevention
nimie
Onerationis
Communie
pdict
ꝓ
futuro
.
Ac
ad
intentionem
ill
hoc
homagium
Senescall
pdict’
desiderant
quod
certum
numerum
Customar
&
liberorum
Tenentium
nominare
placebit
ad
adjudicand
certum
numerum
Catallorum
Ovium
,
&c.
que
dehinc
super
Communiam
pdict’
depascentur
conservabuntur
quodque
cuncta
hujusmodi
catalla
cum
quodam
Communi
signo
signentur
.
Surrender
by
Baron
and
Feme
.
Nunc
de
rebus
ad
Cur
Baron
spectan
.
Ad
hanc
Curiam
vener
T.
W.
gen
Custom
Tenens
hujus
Manerii
&
P.
Vx'
ejus
&
(
ipse
P.
pdict’
existens
prius
sola
&
secreta
examinat’
ꝑ
Senesc
pd
prout
mos
est
)
sursu
redd
in
manus
Dominorum
per
manus
Senesc
pd
ꝑ
virgam
secundum
consuetud
Manerii
pdict’
totur
illu
Customar
Messuag'
sive
Tenement’
communiter
vocat’
sive
cognit’
ꝑ
nomen
de
,
&c.
cum
Curtilagio
&
omnibus
aliis
ptinen
ad
inde
spectan
sive
pertin
scituat’
jacen
&
existen
in
C.
pdict’
Ad
opus
&
usum
W.
S.
de
,
&c.
pdict’
pistoris
hered
&
Assignat’
suorum
imperpetuum
Qui
quidem
W.
psen
hic
in
Cur
petit
se
admitti
ad
pmissa
pdicta
cui
Dni
ꝑ
Senescallum
suum
pdict’
concesser
inde
seisinam
ꝑ
virgam
Habend
sibi
&
heredibus
suis
Tenend
de
Dominis
ꝑ
virgam
in
villenagio
ad
voluntatem
Dominorum
secundum
consuetud
Manerij
pdict’
ꝑ
reddit’
servic
&
consuet’
inde
prius
debit’
&
de
jure
consuet’
Et
dat
Dominis
jure
fecit
fidelitatem
Et
admissus
est
inde
tenens
,
Surrender
ad
usum
ultimae
voluntatis
.
Grant
of
Wardship
of
a
Tenant
.
Surrender
of
Right
,
Title
and
Interest
to
two
by
moieties
.
Ad
hanc
Cur
ven
C.
N.
&
A.
Admittance
of
a
next
Heir
.
Cum
ad
Curiam
Baron
hic
tentam
xxix
.
die
Feb.
ult’
preterito
compert’
fuit
ꝑ
Homaḡ
quod
W.
M.
Sen
Arm
citra
tunc
ult’
Curiam
&
ante
Curia
illam
obiit
seisit’
de
diversis
terris
&
tenementis
Custom
tent’
de
Manerio
pdict’
Et
quod
E.
M.
fuit
neptis
&
prox'
heres
Domini
W.
M.
sen
Cumque
etiam
ad
Cur
Baron
hic
tenta
vicesimo
tertio
die
martii
silit’
nunc
ult’
preteritur
comptur
fuit
per
homaḡ
quod
pdict’
E.
M.
citra
tunc
ult’
Curiam
&
ante
Curiam
ill
de
terris
customar
predict’
inter
all
obiit
seisita
Et
quod
M.
Vxor
I.
K.
de
,
&c.
gen
Amita
pdict’
E.
&
filia
unica
pdict’
W.
M.
fuit
prox'
here
s
dicte
defuncte
Modo
ad
hanc
Curiam
ven
pdicta
M.
Et
petit
se
Admitti
ad
tot’
illud
Customarium
Messuagium
sive
Tenementm
in
L.
pdict’
communiter
vocat’
sive
cognit’
per
nomen
de
,
&c.
cum
Areis
Gardinis
&
pertinentiis
adinde
spectantibus
ac
etiam
ad
totos
illos
separales
Compos
vel
Clausa
pasture
&
prati
vocat’
le
,
&c.
continen
insimul
per
estimationem
triginta
Acr
sive
plus
sive
minus
Que
discendebant
eid
M.
per
mortem
dicte
E.
cui
Domini
ꝑ
Senescallum
suum
pdict’
concesser
inde
seisinam
ꝑ
virgam
Habend
sibi
&
heredibus
suis
Tenend
de
Dominis
per
virgam
ad
voluntatem
Dominorum
secundum
consuetudinem
Manerii
predict’
per
reddit’
servic
&
consuetud
inde
prius
debit’
&
de
jure
consuet’
&
dat
Dominis
de
fine
&
admissa
est
inde
tenens
sed
fidelitas
respectuatur
,
&c.
A
Surrender
by
one
in
extremis
by
the
hands
of
two
customary
Tenants
,
to
the
Use
of
his
last
Will
,
which
is
recited
,
To
one
for
Life
,
the
Remainder
over
,
Tenant
for
Life
surrenders
to
him
in
Remainder
,
on
condition
in
the
Will
contained
.
Ad
hanc
Curiam
Homaḡ
pdict’
super
Sacramentum
suum
pdict’
psentant
quod
nono
die
Iunii
nunc
ultimo
preterito
I.
C.
unus
customar
Tenen
Manerii
pdict’
jacen
in
extremis
infra
Parochiam
de
,
&c.
infra
Maner
p̄dict’
extra
Curiam
sursum
redd
in
manus
Dominoru
Manerii
pd
per
virgam
secundum
consuetud
ejusdem
Manerii
per
manus
F.
E.
&
S.
S.
custumar'
Tenen
pdict’
Manerii
Et
jurat’
ad
capiend
sursum
reddit’
in
extremis
tantum
tot’
illud
custumar
Messuagiu
sive
Tenementum
suum
cum
ꝑtin
adinde
spectan
scituat’
jacen
&
existen
,
&c.
infra
Parochia
&
cognit’
per
nomen
de
,
&c.
tunc
in
tenura
sive
occupatione
T.
N.
ad
opus
&
usum
ult’
voluntatur
sue
in
scriptis
sub
manu
&
sigillo
suis
&
usus
in
ead
declarat’
Quodque
pdict’
I.
C.
post
confectionem
sursum
redd
pdict’
obiit
seit’
Modo
ad
hanc
Curiam
ven
A.
C.
vid
mater
pdict’
I.
C.
&
ꝓtulit
hic
in
Curiam
ult’
voluntatem
sive
Testament’
dic
I.
C.
deb̄to
modo
fact’
&
probat’
in
Curiam
,
&c.
geren
dat’
decimo
sexto
die
Iunii
ultimo
scilt’
pterito
tenor
cujus
quoad
Messuagium
sive
Tenementum
pdict’
cum
ꝑtinen
sequitur
in
his
verbis
scilt’
,
Whereas
I
have
surrendred
into
the
hands
of
the
Lord
of
the
Manor
of
,
&c.
by
the
hands
of
,
&c.
two
customomary
Tenants
of
the
said
Manor
,
all
that
my
customary
Tenement
in
,
&c.
commonly
known
by
the
sign
of
the
,
&c.
with
the
appurtenances
,
to
the
use
and
behoof
of
my
last
Will
and
Testament
.
Now
therefore
my
Will
and
meaning
is
,
and
I
do
hereby
give
,
devise
and
bequeath
the
said
Tenement
with
the
Appurtenances
lying
,
&c.
aforesaid
to
my
loving
Mother
A.
C.
for
and
during
her
natural
Life
,
and
after
her
death
I
do
give
and
devise
the
same
to
my
Kinsman
I.
C.
Son
of
I.
C.
and
his
heirs
for
ever
,
upon
this
condition
,
That
he
pay
unto
his
Brother
T.
five
pounds
,
and
to
his
Brother
S.
five
pounds
,
being
the
youngest
Son
of
the
said
I.
C.
to
be
paid
to
them
or
their
Heirs
within
one
year
next
after
the
decease
of
my
said
Mother
A.
C.
Et
super
hoc
pdict’
A.
C.
petit
se
admitti
ad
pmissa
pdict’
secundum
formam
&
effectum
Testam
pdict’
pro
termino
vite
sue
naturalis
Cui
Dni
per
Seneschallum
suum
pdict’
concesser
inde
seisinam
per
virgam
habend
sibi
&
Assign
suis
pro
termino
vite
sue
naturalis
remanere
inde
in
forma
pdict’
Tenend
de
Dominis
per
virgam
ad
voluntatem
Dominorum
secundum
consuetudinem
Manerii
pdict’
per
reddit’
servic
&
consuetud
inde
prius
debit’
&
de
jure
consuet’
Et
dat
Dominis
de
fine
fecit
fidelitat’
&
admissa
est
inde
tenens
Et
postea
sedente
Curia
predict’
A.
C.
sursum
redd
in
manus
Dominorum
ꝑ
manus
Seneschalli
sui
pdict’
ꝑ
virgam
secundum
consuetud
Manerii
pdict’
totur
illud
Messuagium
sive
Tenementum
pdict’
cum
pertin
vocat’
sive
cognit’
ꝑ
nomen
&c.
&
totum
Statu
jus
titul
&
interesse
sua
de
&
in
eod
ad
opus
&
usum
pdict’
I.
C.
filii
I.
C.
hered
&
assign
suorum
imperpetuum
cui
quidem
I.
fil
psen
hic
in
Cur
Dni
ꝑ
Senescallu
suum
pdict’
concesser
inde
seisinam
ꝑ
virgam
habend
sibi
&
heredibus
suis
sub
conditionibus
in
ult’
voluntate
sive
Testamento
pdict’
I.
C.
defuncti
mentionat’
&
contentis
Tenend
de
Dominis
per
virgam
ad
voluntat
Dominorum
secundum
consuetudinem
Manerii
predict’
per
reddit’
servitur
&
consuetud
inde
prius
debit’
&
de
jure
consuet’
&
dat
Dominis
de
fine
fecic
fidelitat’
&
admissus
est
inde
tenens
.
Licence
to
demise
for
years
not
exceeding
one
and
thirty
.
Ad
hanc
Cur
Licentia
conceditur
M.
O.
vid
ad
dimittend
&c.
tria
cl̄a
terre
in
,
&c.
pdict’
alicui
persone
vel
aliquibus
personis
pro
aliquo
termino
annorum
non
Excendent’
Termin
trigent’
&
unius
annorum
a
festo
sui
Michis
tunc
ꝓx
.
sequence
.
Presentment
that
the
customary
Tenant
died
seized
,
and
that
the
Heir
came
not
to
take
up
the
Land
,
and
Proclamation
made
.
Ad
hanc
Curiam
psentat’
est
per
homaḡ
quod
E.
H.
vid
un
Customar
Tenen
hujus
Manerii
citra
ult’
Cur
&
ante
hanc
Cur
obiit
seisit’
de
uno
Customar
Messuagio
vocat
sive
cognit’
,
&c.
tent’
per
Copiam
Rotulorum
Curie
hujus
Manerii
&
quod
W.
E.
est
filius
&
prox
.
here
s
dicte
E.
&
quia
pdict’
W.
non
venit
ad
Capiend
premissa
pdict’
extra
manus
Dominorum
Ideo
prima
Proclamatio
facta
est
.
Presentment
that
the
Mony
mentioned
in
a
Surrender
was
not
paid
at
the
time
,
ideo
proclamatio
prima
.
Ad
hanc
Curiam
Homaḡ
pdict’
super
Sacrament’
suum
pdict’
dicunt
&
presentant
quod
summa
Cent’
&
triu
librarum
mentionat’
in
sursum
redd
conditional
fact’
per
R.
F.
&
S.
Vxor
ejus
cuidam
E.
L.
ad
ult.
general
Cur
tent’
pro
Manerio
pdict’
die
martis
in
prima
septimana
Pasche
&
solub̄
suꝑ
decim
Octavum
diem
Septembris
ult’
pteritur
non
fuit
solut’
secundum
dictam
conditionem
in
dicta
sursum
redd
specificat’
Et
quia
nullus
venit
,
&c.
Ideo
prima
proclamatio
facta
est
.
A
Fine
respited
at
last
Court
,
now
taxed
.
Ad
hanc
Curiam
finis
pro
Admissione
I.
N.
Iun
&
E.
I.
C.
qui
admiss̄
fuer
ad
ultimam
generalem
Curiam
ad
un
Cl̄m
terre
continen
per
estimationem
novem
Acr
jacen
prope
,
&c.
suꝑ
sursum
redd
C.
N.
&
A.
Vxor'
ejus
nunc
taxat’
ad
decem
libras
solvend
Senescallo
Manerii
pdict’
apud
Cameram
sua
scituat’
in
,
&
super
festum
sci
T.
A.
nunc
prox
.
sequen
inter
hor
decima
&
duodecim
ejusdem
diei
.
Presentment
,
That
whereas
a
Surrender
precedent
was
chargable
with
payment
of
100
l.
to
M.
when
he
should
attain
the
age
of
21
years
or
day
of
Marriage
,
which
should
first
happen
,
and
with
a
like
Sum
to
A.
payable
in
the
same
manner
.
M.
upon
receipt
of
the
100
l.
releaseth
,
and
the
Surrendree
secures
the
payment
of
the
other
100
l.
to
A.
by
Lease
.
Ad
hanc
Cur
compt’
est
per
Homaḡ
quod
premissa
in
sursum
redd
superius
ult’
mentionatur
&
sursum
redd
per
super
nominat’
I.
D.
ad
T.
B.
&
heredibus
suis
inter
alia
onerat’
fuer
cum
solutione
summe
Cent’
librarum
legalis
monete
Anglie
cuidam
M.
D.
soror'
pdict’
I.
solvend
cum
attingerit
ad
etatem
vigint’
&
unius
annorum
vel
ad
diem
maritagii
primo
contingen
&
cum
summa
al
Cent’
librarum
consimilis
monete
Anglie
cuidam
A.
D.
alteri
sorori
dic
I.
solvend
in
eodem
modo
prout
ꝑ
ultimam
voluntatem
G.
D.
eorum
Avi
geren
dat’
decimo
quinto
die
Augusti
Anno
Domini
1670.
plenius
apparet
quodque
pdicta
M.
etat’
suam
vigint’
&
unius
annorum
pimplevit
Et
ꝑ
quoddam
scriptum
suum
sub
manu
&
sigillo
suis
debito
modo
fact’
&
delibat’
geren
dat’
primo
die
instantis
Octobris
cognovisse
habuisse
&
recipisse
de
pdict
L.
B.
pdict’
summam
Cent’
librarum
&
ips
'
deinde
&
de
omni
inde
parte
&
parcella
ꝑ
scriptum
suum
pdict’
acquietasset
&
exoneravisset
ꝓut
ꝑ
eundem
scriptum
hic
in
Curiam
prolat’
&
ostensum
plenius
apparet
quodque
etiam
pdict’
T.
B.
ꝑ
securitate
dicte
summe
Cent’
librarum
pdict’
A.
cum
contingeret
fore
debit’
ꝑ
Indentur
suam
dimission
geren
dat’
quarto
die
instantis
Octobris
&
fact’
inter
pdict’
C.
B.
de
una
parte
&
pdict’
I.
D.
&
A.
D.
ex
altera
parte
barganisasset
&
vendidisset
pdict’
I.
D.
diversas
parcellas
terre
in
,
&c.
in
ead
Indentura
ꝑticul
mentionat’
pro
terminononagint’
&
novem
Annorum
a
die
dat’
Indenture
pdict’
reddend
&
solvend
ꝓut
inde
Annuat’
unum
granum
piperis
si
requisit’
foret
cum
proviso
ꝓ
solutione
summe
Cent’
libr
pdict’
A.
secundum
veram
intentionem
ult’
volutatur
dic
G.
D.
ꝓut
per
Indentur
pdict’
silitur
hic
in
Cur
ꝓut
plenius
liquet
&
apparet
.
Presentment
that
several
Copy-hold
Lands
were
Infranchised
by
the
Lord
.
Ad
hanc
Curiam
Homagium
pdict’
suꝑ
Sacramentum
suum
pdict’
presentant
quod
separalia
Messuag'
terre
&
Tenementa
custumar
cum
pertin
separaliter
in
quindecim
separalibus
paragraphiis
sequen
fuer'
separaliter
infranchizat’
ꝑ
I.
S.
Arm
nuper
Dominum
hujus
Manerii
Et
feoda
liberaque
&
Tenementa
inde
concessa
fuer
respectivis
personis
sequentibus
&
heredibus
suis
.
Vn
Messuagium
,
&c.
cum
pertin
vocat’
,
&c.
in
&c.
concessn
T.
B.
&c.
&
hered
suis
ad
usum
R.
M.
&
al
per
Indenturas
dimissionis
&
relaxationis
geren
dat’
decimo
sexto
&
decimo
septimo
diebus
Octobris
Anno
Regni
dict
Domini
Regis
nunc
,
&c.
primo
.
Vnum
clausum
terre
adjungen
atrio
pdict’
Messuagii
vocat’
,
&c.
continen
duas
Acras
vel
eo
circiter
concess̄
eisdem
personis
&
hered
suis
ad
usus
pdict’
ꝑ
consimiles
factas
Dimissiones
&
Relax
.
dat.
&c.
Surrender
on
Condition
.
Ad
hanc
Curiam
testat’
est
per
Senescallu
pdict’
ac
comptu
est
ꝑ
Homagium
quod
decimo
quarto
die
Febr
ult
preterito
I.
M.
un
custumar
tenen
hujus
Manerii
ven
coram
S.
C.
Arm
Senescallo
per
Paten
Manerij
pdict’
&
extra
Curiam
viz.
apud
Cam̄am
dicti
Seneschalli
scituat’
in
interiori
Templo
London
sursum
redd
in
manus
Dominorum
pdict’
Manerii
per
manus
Senescalli
sui
pdict’
per
virgam
secundum
consuetudinem
pdict’
Manerii
Omnia
ill
quatuor
Messuagia
sive
Tenementa
sua
cum
Curtilagio
&
ꝑtin
adinde
spectan
scituat’
&
existen
in
&c.
infra
Parochiam
de
C.
B.
&
Manerium
pdict’
Ad
opus
&
usum
R.
H.
de
Parochia
,
&c.
ac
hered
&
assign
suoru
imperpetuum
sub
conditione
tamen
quod
si
pdict’
I.
M.
Hered
Executores
Administratores
vel
Assign
sui
vel
eorum
aliquis
bene
&
fidelit’
solvant
seu
solvi
faciant
pdicto
R.
H.
Executoribus
Administratoribus
vel
Assign
suis
plenam
&
justa
summa
53
l.
bone
&
legalis
monete
Anglie
ad
vel
super
15
die
Febr
qui
erit
in
Anno
Domini
1691.
ad
vel
in
nunc
Domo
Mansional
dicti
R.
H.
scituat’
in
,
&c.
pdict’
absque
aliqua
deductione
vel
detractione
ex
eadem
pro
vel
in
respectu
alicujus
taxationis
Assessmentati
soluconis
vel
alicujus
al
mater
vel
rei
cujuscunque
Quod
tunc
ista
sursumredd
erit
vacua
alit’
in
plena
vi
remanere
.
Surrender
to
the
Use
of
a
youngest
Son
,
conditional
for
payment
of
Mony
at
several
days
.
Ad
hanc
Curiam
testat’
est
ꝑ
Seneschallum
pdict
ac
compt’
&
psentat’
est
per
Homagium
Quod
28
die
Febr
ult’
preteritur
I.
R.
un
customar
Tenen
pdict’
Manerii
Anna
&
Vxor
ejus
vener
coram
S.
C.
Arm
Senescallo
per
Paten
pdict’
Manerii
&
extra
Curiam
videlt
apud
Cam̄am
dicti
Seneschalli
scituat’
in
,
&c.
(
&
pdict’
Anna
existen
prius
sola
&
secrete
examinata
ꝑ
pdict’
Senescallum
secundu
consuetud
pdict’
Manerii
)
sursum
redd
in
manus
Dominorum
▪
pdictur
Manerii
ꝑ
manus
Senescalli
sui
pdict’
per
virgam
Tot’
ill
customar
Messuagium
sive
Tent’
&
sex
Acras
pasture
adinde
spectan
(
sit
plus
sive
minus
)
cum
omnibus
Horreis
Stabul
Domibus
extran
Pomariis
Gardinis
adinde
simul
cum
Curtilagio
&
omnibus
aliis
ꝑtin
scituat’
jacen
&
existen
&c.
&
nunc
in
occupatione
pdict’
I.
R.
vel
subtenen
suorum
nec
non
omnia
alia
custumar
Messuag'
terre
tenementa
&
hereditamenta
sua
cum
eorum
pertin
parcel
pdict’
Manerii
ad
opus
&
usum
I.
H.
filii
natu
minimi
nuper
de
,
&c.
pdict’
defuncti
ac
hered
&
Assign
suorum
imperpetuum
proviso
semper
&
sub
conditione
tamen
quod
si
pdict’
I.
R.
&
A.
Vxor
ejus
vel
eorum
alt’
Hered
Executor
Administratoru
&
Assign
eorum
vel
eorum
alterius
solvant
seu
solvi
faciant
pdict’
M.
H.
Executoribus
Administratoribus
vel
Assign
suis
summam
261
l.
&
5
s.
bone
&
legalis
monete
Anglie
absque
aliqua
deductione
taxation
vel
aliis
publicis
oneribus
quibuscunque
modo
&
forma
sequen
(
viz.
)
5
l.
12
s.
6
d.
partem
inde
super
octavum
diem
Septembris
tunc
prox
.
sequen
&
255
l.
12
s.
6
d.
resid
.
inde
suꝑ
octavn
diem
Martii
qui
erit
in
Anno
Domini
,
1693.
quod
tunc
ista
sursumredd
erit
vacua
alit
.
in
plena
vi
&
virtute
remanere
.
A
Surrender
and
Release
for
consideration
of
400
l.
Ad
hanc
Curiam
testat’
est
per
Senescallum
pdict’
ac
compertu
&
presentat’
est
ꝑ
homagium
quod
28
die
Febr
ult’
preteritur
S.
D.
unus
customar
tenen
pdict’
Manerii
ven
coram
A.
B.
Arm
Senescallo
per
paten
pdict’
Manerii
&
extra
Cur
(
viz.
)
apud
Cameram
dicti
Seneschalli
scituat’
in
,
&c.
in
consideratione
400
l.
bone
&
legalis
monete
Angl
sibi
in
manibus
solut’
ad
et
ante
Execution
hujus
sursu
Redd
&
Relaxationis
per
S.
B.
de
London
vid
Recepc̄on
cujus
ipse
perinde
cognovit
&
exoneravit
pdict’
S.
B.
Hered
Execut’
&
Administr
suis
imperpetun
per
presentes
ipse
pdict’
S.
D.
ꝑ
virgam
secundum
consuetudinem
Manerii
pdict’
sursum
redd
remittebat
relaxabat
&
imperpetuum
quiete
clamabat
pdict’
S.
B.
tot’
il
customar
messuagium
sive
tenementum
scituat’
&
existen
in
,
&c.
infra
Maneriu
pdict’
cu
omnibus
areis
horreis
&
curtilaḡ
adinde
spectan
vel
pertin
ac
etiam
omnia
illa
quatuor
separal
clausa
pastur
jacen
pone
pdict’
Messuagium
continen
ꝑ
estimation
octodecim
Acra
(
sint
plus
sive
minus
)
coīter
vocat’
sive
cognit’
ꝑ
nomen
de
,
&c.
&
nunc
vel
nuper
in
tenura
sive
occupatione
N.
T.
Hered
vel
Assign
suorum
simul
cum
omnibus
coīis
ꝓficuis
com̄oditatibus
&
advantagiis
adinde
spectan
&
totu
statu
rectu
titulu
interesse
usu
possessionem
proprietat’
clamiu
&
demand
quecunque
pdict’
S.
D.
tam
in
lege
quam
in
equitate
de
in
&
ad
pdict’
Messuag'
vel
Tenementa
clausa
&
pmissa
cu
suis
ptin
habend
pd
S.
B.
Hered
,
&
Assign
suis
ad
usu
ipsius
Hered
&
Assign
suor
imperpetuu
secundu
consuetud
Manerii
pd
ꝑ
reddit’
consuetud
&
servic
deinde
de
jure
debit’
&
accustomat’
que
quidem
S.
B.
presens
hic
in
Cur
petit
se
admitti
ad
pmissa
pdict’
cui
Dominus
ꝑ
Seneschallu
suu
pdict’
concessit
inde
seisinam
per
virgam
habend
sibi
&
hered
suis
tenend
de
Dominis
ꝑ
virgam
in
Villenagio
ad
volunt’
Dominoru
secundum
consuetudinem
Manerii
pdict’
ꝑ
reddit’
servic
&
consuetud
inde
prius
debit’
&
de
jure
consuet’
&
nil
sol
ꝓ
fine
quia
remittit’
fecit
fidelitat’
&
admissa
&
inde
tenens
.
Surrender
to
the
Use
of
ones
last
Will
,
to
which
a
Codicil
is
annexed
,
and
which
is
presented
by
the
Jury
,
and
Admittance
to
Tenant
for
Life
.
Hanc
ad
Curia
Baron
hic
tenta
15
die
Febr
Anno
Dni
1689.
comꝑtu
&
psentat’
fuit
per
tunc
Homagiu
qd
vicesimo
quarto
die
Augusti
tunc
ult’
preteritur
W
:
H.
un
custom
Tenen
pdict’
Manerii
secundum
consuet’
ejusdem
Manerii
sursu
redd
tot’
Messuagiu
sive
Tenementu
suu
communit’
cognitur
per
nomen
de
,
&c.
infra
Man
pdict’
simul
cum
curtilagiis
&
ꝑtin
adinde
spectan
ad
usum
ultime
vol
sive
Testamenti
sui
sub
manu
&
Sigillo
suo
in
scriptis
modo
ad
hanc
Cur
present’
est
ꝑ
homagium
qd
pdict’
W.
H.
obiit
seit’
de
Messuagio
predict’
cum
pertin
&
in
plen
&
aperta
Cur
C.
H.
●id
&
relicta
Dni
W.
in
propria
persona
sua
ven
&
protulic
hic
in
Cur
ult’
vol
sive
Testamentum
dicti
W.
nuꝑ
viri
sui
defunct’
debito
modo
fact’
&
probat’
in
Cur
Prerogativa
Cantuargeren
dat’
26
die
Augusti
Anno
Domini
1689.
cujus
tenor
quoad
pmissa
pdict’
sequitur
in
his
verbis
sequen
(
viz.
)
Item
,
I
give
and
bequeath
the
said
Messuage
or
Tenement
with
the
Appurtenances
unto
,
&c.
my
now
Wife
,
for
and
during
the
term
of
her
natural
Life
,
together
with
all
the
Rents
,
Issues
and
Profits
arising
or
coming
from
the
same
,
and
after
her
decease
,
&c.
Et
ꝑ
Codicilla
dicto
testam
annex'
&
cum
eadem
probat'
continentem
sic
(
viz.
)
Whereas
I
have
bequeathed
unto
my
loving
Cousin
,
&c.
ꝓut
per
eandem
volunctat’
&
codicil
int’
alia
plenius
liquet
&
apparet
Et
super
inde
pdict’
C.
petit
se
admitti
ad
Messuagin
sive
tenementu
&
curtilaḡ
pdict’
cu
pertin
ꝓ
termino
vite
sue
naturalis
secundum
formam
&
effectu
testamenti
pdict’
cui
Domini
ꝑ
Seneschallu
suu
pdict’
concesser
inde
seisinam
ꝑ
virgam
habendu
sibi
&
Assign
suis
pro
termino
vite
sue
naturalis
remanere
in
forma
pdict’
tenend
de
Dn̄is
ꝓ
virgam
ad
vol
Dominoru
secundu
consuetud
&
dat
Dominis
de
fine
ꝓut
patet
in
margine
fecit
fidelit’
&
admiss
.
est
inde
tenens
.
Second
Proclamation
for
not
coming
in
and
taking
up
the
Estate
.
Ad
hanc
Curia
quia
A.
B.
non
ven
ad
capiend
unu
custom
Tenement’
cum
pertin
in
,
&c.
pdict’
vocatur
,
&
.
extra
manus
Dominoru
ad
usu
ejusdem
I.
sursu
redd
ꝑ
T.
B.
vicesimo
sexto
die
Novembris
Anno
Domini
1689.
Ideo
secunda
Proclam
facta
est
.
Acknowledgment
by
the
Lord
that
the
Copy-hold
is
Infranchised
.
Ad
hanc
Curia
(
ad
special
Instanc
&
requisic
C.
P.
Arm
filii
&
Heredis
nuꝑ
de
E.
in
Com
H.
Militis
defunct’
Domini
Manerii
pdict’
ꝑ
Senescaiu
suu
pdict’
Recognover
quod
unu
Messuagiu
sive
Tenementum
olim
Cottagiu
necnon
duo
Campi
prati
sive
pasture
adinde
spectan
un
eoru
voc
&c.
&
alter
eoru
vocat’
,
&c.
continen
insimul
ꝑ
estimac̄on
quatuordecim
Acras
sive
plus
sive
minus
ac
nunc
divis
in
quatuor
cla
in
occupatione
C.
M.
Gen
vel
Assign
suor
scituat’
jacen
&
existen
in
E.
pdict’
ac
aliquando
Terre
sive
possession
B.
M.
defunct’
&
per
ipsu
tent’
de
tunc
Domino
hujus
Manerii
per
Copiam
Rotulor
Cur
ac
per
virgam
in
villenagio
ad
voluntat’
Domini
secundum
consuetud
Manerii
pdict’
ꝑ
reddit’
octo
solidor
ꝑ
annu
Et
al
servic
postea
ꝑ
Dominu
Manerii
pdict’
infranchisatur
fuer
ac
&
reverc̄o
inde
deb
.
concess.
fuer'
T.
B.
Arm
tunc
filio
&
heredi
appren
R.
B.
Mil
&
heredibus
&
Assign
.
pdict’
T.
imperpetuu
.
Admittance
by
Gardian
.
Compertu
est
per
Homagiu
quod
vicesimo
die
Novembris
ult’
pterito
Domini
hujus
Manerii
extra
Curia
Administ’
T.
H.
ꝑ
Gardian
suu
ad
,
&c.
ut
filiu
&
hered
I.
H.
Gen
nuꝑ
Pr̄is
sui
defunct’
.
Tertia
Proclamatio
quia
tenens
non
venit
▪
ad
capiend
,
&c.
&
seisin
per
Ballivum
.
Ad
hanc
Cur
quia
I.
V.
non
ven
ad
capiend
Vn
Custum
Tentu
extra
manus
Dominoru
ad
usu
ejusdem
I.
ꝑ
T.
B.
sursu
redd
26
Novembris
1689.
Ideo
tertia
Proclamatio
facta
est
Et
suꝑ
hoc
pcept’
est
Ball
quod
seisiri
fac
in
manus
Dominoru
Tenement’
pdictur
cu
ꝑtin
,
&c.
Licence
to
demise
and
fine
pro
Licencia
.
Ad
hanc
Cur
Domini
Manerii
pdict’
concesser
Licencc
I.
R.
Arm
ad
dimittend
omnia
&
singula
customar
Messuag'
terras
&
Tenementa
sua
infra
Maneriu
pdict’
alic
ꝑsone
vel
ꝑsonis
ꝑ
aliq̄
termino
Annoru
non
exceden
terminu
21
Annor
a
Festo
die
Nativitatis
Sancti
Iohannis
Baptiste
ull̄
pterito
computand
Et
prefat’
I.
R.
dat’
Dn̄is
de
fine
pro
hac
licenc
ꝓut
patet
in
Margine
.
THE
INDEX
.
A.
-
ADmittance
.
-
The
nature
and
effect
of
Admittance
upon
a
Surrender
143
-
Of
what
force
the
Surrender
is
till
admission
ibid.
-
Where
the
Lords
Admittance
of
a
Copy-holder
in
other
manner
then
agrees
with
the
Surrender
shall
be
good
,
and
how
it
shall
enure
.
142
-
Admittances
that
differ
from
the
Limitations
alter
not
the
Estate
Surrendred
145
-
The
Lord
compellable
to
make
Admittance
,
though
not
a
Grant
157
-
The
Law
vests
the
Estate
in
a
Woman
that
is
to
hold
durante
viduitate
before
Admittance
146
-
By
whom
Admittances
may
be
ibid.
-
What
amounts
to
an
Admittance
147
-
In
what
cases
the
Admittance
of
one
shall
be
the
Admittance
of
another
148
-
Admittance
by
Attorny
may
not
be
149
-
The
time
of
being
admitted
151
-
Admittance
upon
Discent
150
-
What
things
the
Heir
may
do
or
not
do
before
Admittance
151
-
Admittance
where
to
be
made
150
-
In
what
Cases
and
to
what
purposes
the
Copy-hold
Estate
shall
be
in
the
Tenant
before
Admittance
,
and
to
what
purposes
not
155
-
Where
there
need
no
Admittance
154
-
In
what
cases
the
Lord
shall
be
compelled
to
make
Admittances
157
-
Actions
,
Suits
.
-
What
Actions
may
be
brought
by
the
Lord
256
-
What
Actions
may
be
brought
by
the
Copy-holder
256
,
257
,
258
-
What
Actions
the
Copy-holder
shall
have
against
Strangers
258
-
Action
on
the
Case
by
a
Copy-holder
for
digging
Turfs
on
the
Common
,
and
Narr'
261
-
No
Actions
or
Remedies
for
Fines
,
Rents
,
Amerciament
after
Sale
of
the
Manor
263
-
Of
Copy-holders
being
impleaded
and
impleadable
in
the
Lords
Courts
,
and
the
remedy
there
,
and
how
to
be
relieved
against
faux
Judgment
there
265
-
Copy-holder
shall
not
have
Assise
against
his
Lord
ibid.
-
Copy-hold
Inheritance
shall
not
be
Assets
in
the
Heirs
hands
267
-
Where
Attornment
is
necessary
to
the
passing
of
a
Manor
,
and
where
not
9
-
Attornment
not
necessary
in
the
Grant
of
a
Reversion
of
a
Copy-hold
-
Authority
must
be
strictly
persued
-
Avowry
for
Rent
by
Lessee
of
a
Copy-holder
262
-
Action
must
be
brought
in
the
name
of
a
Copy-holder
Lunatick
,
and
not
in
the
name
of
the
Committees
263
-
Acceptance
of
a
Lease
by
the
Tenant
destroys
the
Copy-hold
225
-
Action
on
the
Case
lyes
against
the
Lord
for
non-Admittance
by
the
Surrendror
,
but
not
by
Cesty
que
use
-
Chancery
will
compel
the
Lord
to
admit
a
Tenant
321
-
Admittance
,
where
it
shall
be
pleaded
as
a
Grant
271
B.
-
Baron
and
Feme
.
-
Custom
,
That
the
Wife
Feme
Covert
may
devise
,
good
55
-
Where
the
severance
of
the
customary
Tenants
from
the
Manor
shall
not
prejudice
the
Wife
in
her
customary
Estate
5
-
If
the
Lord
enfeoff
the
Copy-holder
,
this
destroys
the
Widows
Free-Bench
56
-
Of
the
transferring
and
assigning
the
Copy-hold
Estate
of
a
Bankrupts
,
by
Commissioners
251
-
Where
and
what
acts
of
the
Husband
shall
forfeit
the
Wives
Estate
or
not
211
-
Copy-holds
within
the
Statutes
of
Bankrupts
201
-
Of
customary
By-Laws
48
C.
-
Original
and
nature
of
Copy-holds
1
-
Copy-hold
created
and
guided
by
Custom
28
-
How
a
Copy
Copy-holder
and
bare
Tenant
at
Will
differ
14
-
Three
sorts
of
Copy-holders
70
-
Who
may
be
said
to
be
customary
Tenants
,
and
in
what
respects
-
What
Evidence
Copy-holders
have
for
their
Estates
-
Copy-holders
may
have
Sola
&
separalis
pastura
in
the
Lords
Soyl
,
and
exclude
the
Lord
▪
66
-
Where
a
Copy-holder
shall
hold
his
Land
charged
by
the
Lord
or
the
Copy-holder
as
to
Dower
,
Rents
Charge
and
Statutes
and
how
and
where
they
shall
be
avoided
233
-
Custom
.
-
The
Nature
of
it
25
-
To
be
taken
strictly
,
and
in
many
cases
Cases
Secundum
vulgarem
conceptum
cannot
extend
out
of
the
Manor
29
-
What
is
a
good
Custom
or
not
,
and
what
things
are
required
to
the
making
a
good
Custom
30
-
How
Customs
ought
to
be
certain
32
-
Of
the
reasonableness
of
Customs
,
and
when
they
are
said
to
be
unreasonable
or
not
33
-
Several
Customs
in
several
places
35
-
Three
supporters
of
Copy-hold
Custom
36
-
Of
Customs
enabling
or
disabling
36
,
37
-
Where
a
Custom
shall
be
said
to
be
pursued
or
not
43
-
Where
one
shall
be
Tenant
by
the
Curtesie
of
a
Copy-hold
without
Admittance
of
the
Wife
86
-
Where
Copy-hold
is
extinct
,
Common
is
lost
62
-
Severance
by
the
Lord
shall
not
prejudice
the
Commoner
41
,
62
-
The
nature
of
a
Court
Baron
73
-
Courts
may
be
held
out
of
the
Manor
by
Custom
,
and
where
75
-
Of
warning
of
Courts
being
holden
at
what
place
-
Relief
for
a
Copy-holder
in
Chancery
in
many
Cases
where
none
is
at
Law
319
-
Chancery
will
design
the
bounds
of
Fines
and
of
a
Copy-hold
,
but
not
whether
parcel
or
not
parcel
321
-
The
Lord
Decreed
to
hold
a
Court
324
-
Fines
and
Rents
arrear
not
relieved
after
the
Sale
of
the
Manor
324
-
Composition
decreed
-
Statute
32
H.
8.
cap.
7.
against
Champertry
,
extends
to
Copy-hold
251
-
Copy-hold
is
not
within
Statute
31
Eliz.
of
Cottages
254
-
Copy-hold
is
not
within
the
Stat.
32
H.
8.
Of
Entrys
for
Conditions
broken
150
D.
-
Demesns
,
what
3
-
Dimis
.
&
dimissib
.
how
to
be
understood
-
Custom
extends
not
to
collateral
Discents
-
Discent
of
a
Copy-hold
Tolls
not
an
Entry
68
-
Where
the
Heir
shall
be
in
by
Discent
or
Purchase
-
Copy-hold
Estates
how
discontinued
or
not
-
Surrender
makes
not
a
Discontinuance
175
▪
176
-
What
shall
amount
to
a
Discontinuance
69
-
Distress
,
Avowry
for
Rent
of
a
Copy-hold
236
-
Copy-holders
Beasts
distrainable
or
not
,
for
a
Rent
Charge
236
-
What
shall
be
said
a
Disseisin
as
to
Copy-hold
Estates
or
not
255
-
Whether
in
Declaration
in
Ejectment
the
Plaintiff
need
to
shew
that
the
Lease
was
warranted
by
the
Custom
257
-
Declaration
by
a
Copy-holder
,
That
he
is
seised
in
Dominico
suo
ut
de
feodo
secundum
consuetud
.
Manerii
,
and
also
must
shew
that
they
are
customary
Lands
268
-
Presidents
of
Declarations
ibid.
E.
-
Exposition
of
words
.
-
Dimiss
.
&
Dimissibile
16
-
Solum
modo
44
-
Cum
pertin
.
92
,
94
-
Ejectment
brought
by
Copy-holder
,
and
how
to
declare
257
,
259
-
Emblements
,
who
shall
have
them
upon
a
Ferfeiture
219
,
220
,
254
-
Evidence
.
-
What
shall
be
good
Evidence
to
prove
a
Custom
305
-
Special
Customs
within
several
Limits
ought
to
be
shewed
306
-
Custom
found
306
,
307
-
Evidence
of
Prescription
307
,
308
-
Where
proof
by
Court
Rolls
are
good
Evidence
309
-
Copy
of
a
Lease
,
where
good
Evidence
ibid.
-
Who
and
what
may
be
admitted
to
give
Evidence
Steward
,
Court
Books
,
&c.
ibid.
-
Extingushment
.
-
A
Copy-hold
may
be
extinct
as
to
the
Services
,
and
remain
as
to
the
Customary
Estate
-
Copy-hold
though
severed
from
the
Manor
by
the
Lords
act
,
is
not
destroyed
222
-
Acceptance
of
a
Lease
by
the
Tenant
destroys
the
Copy-hold
225
-
Copy-hold
extinct
by
the
Copy-holders
Release
to
the
Lord
,
and
where
or
how
a
Right
to
a
Copy-hold
shall
shall
be
exinct
by
a
Release
226
,
228
-
Copy-hold
suspended
and
revived
230
,
231
-
After
Escheat
of
a
Copy-hold
,
the
Wife
shall
not
be
endowed
233
-
The
Statute
of
W.
2.
that
gives
Elegits
,
extends
not
to
Copy-hold
253
F.
-
Copy-hold
Estates
are
within
the
words
and
intention
of
the
Statute
of
Fines
and
non-claim
247
,
248
-
Of
Copy-holder
compounding
for
a
Fine
-
Fine
on
Admittance
,
when
to
be
paid
159
-
Of
Fines
certain
159
-
What
Evidence
shall
prove
the
uncertainty
of
Fines
160
-
Excessive
Fines
,
how
to
be
determined
160
-
What
Customs
are
good
as
to
payment
of
Fines
,
and
what
not
161
-
Fine
,
by
whom
to
be
Assessed
162
-
For
every
several
Tenure
,
several
Fines
163
-
How
the
Lord
shall
recover
his
Fine
164
-
Difference
as
to
what
may
pass
by
a
Fine
,
or
be
barred
by
a
Fine
at
Common
Law
176
-
Outragious
Fines
relieved
in
Chancery
Forfeiture
.
319
-
Notice
must
be
given
if
the
Fines
be
uncertain
,
before
there
can
be
a
Forfeiture
198
-
Refusal
to
pay
an
excessive
Fine
,
no
Forfeiture
198
-
What
shall
amount
to
a
Forfeiture
of
a
Copy-hold
Estate
69
,
194
,
195
-
Refusal
to
pay
Rent
,
perform
Services
,
or
Suit
of
Court
,
when
they
shall
be
cause
of
Forfeitures
195
-
What
words
of
denyal
amount
to
a
Forfeiture
197
-
Demand
must
be
made
of
the
person
of
a
Tenant
for
a
Fine
,
or
else
non-payment
is
not
a
Forfeiture
198
-
Surrender
by
a
Copy-holder
for
Life
to
one
in
Fee
,
is
no
Forfeiture
-
What
is
a
present
Forfeiture
without
presentment
199
-
Heir
beyond
Sea
shall
not
forfeit
for
not
coming
in
upon
Proclamation
in
Court
202
-
Wilful
Forfeitures
not
relieved
in
Chancery
320
-
Where
the
Wife
shall
suffer
for
the
Forfeiture
of
her
Husband
or
not
211
-
Forfeiture
as
to
cutting
of
Trees
by
Tenant
for
Life
207
,
208
-
Where
Admittance
is
a
Dispensation
of
a
Forfeiture
217
-
Where
Amerciament
is
a
Dispensation
of
a
Forfeiture
ibid.
-
Forfeiture
purged
by
Release
ibid.
-
Where
,
and
what
Acceptance
is
a
Dispensation
of
a
Forfeiture
,
and
where
and
what
not
218
-
Where
the
Heir
shall
not
take
advantage
of
a
Forfeiture
in
the
Life
of
the
Ancestor
219
-
The
Lords
Remedy
for
a
Forfeiture
220
-
Bill
in
Chancery
to
reverse
a
Faux
Judgment
given
in
the
Lords
Court
326
-
What
alienations
shall
be
a
Forfeiture
206
-
Forfeiture
in
Waste
207
-
By
Rescous
216
-
By
Inclosure
210
-
After
a
Copy-hold
is
dismembred
from
the
Manor
,
of
what
Forfeitures
the
Feoffee
or
Grantee
shall
take
advantage
212
-
Where
the
Forfeiture
of
one
Copyholder
is
the
Forfeiture
of
another
;
where
Forfeiture
of
part
shall
be
of
the
whole
214
,
215
G.
-
By
the
Kings
Grant
of
all
his
Demesn
Lands
,
Copy-hold
shall
not
pass
,
aliter
in
the
case
of
another
-
What
things
may
be
granted
by
Copy
78
-
Of
voluntary
Grants
by
the
Lord
79
,
80
-
Disability
of
the
Lords
person
no
hindrance
of
the
Grant
80
-
What
Estate
the
Lord
must
have
to
enable
him
to
make
Grants
81
,
82
-
Voluntary
Estates
granted
during
the
time
of
the
Lords
Interest
shall
be
good
,
though
the
Lords
Estate
be
avoided
,
ab
initio
84
-
Grants
by
Tenant
at
sufferance
,
or
one
that
has
a
tortious
Title
,
not
good
86
,
87
-
Copy-hold
not
to
be
granted
by
parcels
89
-
What
amounts
to
a
Grant
90
-
How
Grants
of
a
Copy-hold
to
be
expounded
90
,
91
,
92
-
What
shall
pass
in
a
Grant
by
the
words
cum
pertinentiis
92
,
94
-
By
what
words
in
Grants
Copy-holds
shall
pass
or
not
92
,
93
H.
-
Honour
,
what
311
-
Where
the
Heir
shall
be
in
by
discent
or
Purchase
123
-
Heir
before
Admittance
is
not
a
compleat
Tenant
to
all
purposes
-
Hariot
Service
and
Hariot
Custom
,
the
difference
237
,
238
-
What
Custom
for
Hariots
▪
shall
be
good
or
not
239
-
Where
and
how
Hariots
shall
be
apportioned
,
or
not
240
-
Who
shall
pay
an
Hariot
,
and
when
and
when
not
-
Who
shall
have
an
Hariot
241
-
Pleading
as
to
Hariot
,
vide
Tit.
Pleading
.
-
What
shall
be
a
good
Avowry
in
conuzance
for
an
Harriot
in
Replevin
,
or
a
good
justification
in
Trespass
or
not
,
and
how
to
be
pleaded
244
I.
-
Infant
not
bound
by
many
Customs
21
-
If
Infant
Surrender
,
he
may
enter
at
full
Age
21
-
Infant
may
make
a
Lease
without
Licence
,
and
not
forfeit
21
-
Surrender
by
Infant
at
five
years
old
-
Custom
to
assign
one
to
take
the
profits
of
a
Copy-hold
Infant
-
Interruption
in
the
Possession
and
in
the
Right
32
,
42
-
Faux
Jugdment
given
in
the
Lords
Court
,
where
relievable
-
Copy-hold
Lands
are
not
within
the
Statute
11
H.
7.
cap.
20.
Of
Joyntresses
254
-
The
Lord
to
have
the
custody
of
an
Ideot
17
K.
-
Kings
Grants
favourably
construed
32
-
King
need
not
recite
in
his
Grant
,
that
it
is
Copy-hold
23
-
Surrender
to
the
King
without
other
matter
of
Record
,
where
good
24
L.
-
Lease
108
,
181
-
Custom
to
Lease
without
Licence
may
be
good
51
,
52
-
Lease
made
before
Admittance
in
what
case
good
54
-
What
Leases
made
by
a
Copy-holder
for
years
are
a
Forfeiture
or
not
203
-
When
a
Lease
shall
begin
in
point
of
eomputation
and
not
in
point
of
Interest
184
-
Lease
of
Copy-holds
made
by
Tenant
in
Tayl
ibid.
-
Lease
of
Copy-holds
made
by
Ecclesiastical
Persons
186
-
Lease
affirmed
by
acceptance
187
-
Lease
of
Free-hold
and
Copy-hold
,
the
Rent
issues
out
of
beth
187
-
In
what
respect
a
Lease
not
warranted
by
Licence
or
Custom
,
is
yet
good
in
Law
189
-
Lease
void
in
Interest
,
and
good
by
way
of
Estoppel
192
-
What
shall
be
said
a
Covenant
and
no
Lease
,
and
so
shall
not
be
a
Forfeiture
206
-
Lease
for
years
not
warranted
,
is
no
disseisin
to
the
Lord
182
-
Licence
.
-
Once
a
Licence
to
make
a
Lease
and
always
a
Licence
-
What
Licence
,
and
by
whom
granted
shall
be
good
or
not
191
-
Licence
taken
as
a
confirmation
193
-
Licence
pleaded
,
vide
Pleadings
.
-
Copy-hold
not
within
the
Statute
of
Limitations
251
M.
-
Manor
,
the
Original
and
Nature
of
it
6
-
Customary
Manor
,
what
7
-
What
shall
be
said
parcel
of
a
Manor
,
and
what
shall
be
said
a
severance
2
-
Manor
not
to
be
created
at
this
day
4
-
A
Manor
in
reputation
5
-
A
Manor
in
gross
7
-
How
the
Lord
may
create
a
customary
Manor
8
-
Severance
of
Copy-hold
from
the
Manor
,
what
it
operates
-
What
shall
be
said
time
out
of
memory
30
-
Copy-hold
is
within
the
Statute
32
H.
2.
cap.
9.
of
Maintenance
-
Manor
by
reputation
,
how
it
will
pass
7
-
How
Copy-hold
may
be
severed
from
the
Manor
,
and
how
not
11
N.
-
Notice
.
-
There
must
be
notice
of
the
Alteration
of
the
Use
and
Estate
,
or
else
there
can
be
no
Forfeiture
for
denial
of
Rent
197
-
No
notice
need
where
a
Fine
is
certain
,
aliter
where
it
is
uncertain
191
P.
-
Priviledges
of
the
Lord
17
-
Priviledges
of
the
Copy-holder
17
,
18
-
Difference
between
Priviledges
annexed
to
the
Seigniory
,
and
Priviledges
annexed
to
the
Tenancy
19
-
Pleading
,
vide
Traverse
.
-
Uncertainy
in
Pleading
,
vide
sparsim
.
-
Pleading
by
an
usitatum
fuit
,
where
good
or
not
64
-
How
a
Copy-holder
shall
plead
in
making
Title
to
a
Copy-hold
271
,
272
-
Whether
in
Pleading
the
reasonableness
of
the
Fine
must
be
avered
-
When
and
where
a
Licence
is
to
be
pleaded
specially
,
and
when
and
where
not
193
-
Grant
of
Copy-hold
Land
in
Reversion
must
be
pleaded
as
a
Grant
in
Reversion
,
and
not
as
a
Grant
in
possession
,
nor
by
a
per
nomen
271
-
The
Manor
of
a
Copy-holders
pleading
Custom
or
Prescription
275
-
How
a
Prescription
must
be
made
by
a
particular
Tenant
at
will
ibid.
-
The
manner
of
a
Copy-holders
pleading
Custom
or
Prescription
for
Common
32
-
Special
Prescription
to
be
pleaded
in
case
of
severance
of
the
Copy-hold
Tenement
from
the
Lord
278
-
The
manner
of
pleading
when
a
Lease
is
to
be
answered
,
which
is
set
forth
in
the
Avowry
280
-
Where
the
Action
is
brought
as
of
a
Lease
at
Common
Law
,
and
one
pleads
a
Lease
of
Copy-hold
Land
281
-
Custom
or
Licence
must
be
shewed
specially
ibid.
-
How
Lessee
is
to
plead
a
Licence
ib.
-
How
a
Surrender
is
to
be
pleaded
-
Pleading
of
Prescription
by
a
Copy-holder
to
be
discharged
of
Tythes
282
-
The
Forms
of
pleading
a
Surrender
,
vide
Surrender
290
-
Grant
291
-
Common
292
-
Trees
ibid.
-
Way
296
-
Forfeiture
297
-
Pleading
Custom
or
Prescription
273
-
Bar
that
the
Lands
are
customary
Lands
299
-
Pleading
as
to
Harriots
242
-
Presentment
136
-
When
to
be
made
137
-
If
Surrendror
or
Cesty
que
use
,
or
customary
Tenants
dye
before
Presentment
,
yet
Presentment
and
Admittance
may
be
afterward
138
-
The
nature
and
effect
of
a
Presentment
139
-
Two
Surrender
,
and
the
second
Surrender
is
first
presented
140
-
What
will
make
a
possessio
fratris
so
as
to
inherit
a
Copy-hold
-
Priviledges
of
Copy-hold
18
,
19
,
20
R.
-
Popish
Recusant
shall
forfeit
all
his
Copy-hold
Land
,
within
25
El.
c.
10.
253
-
Copy-hold
Rents
apportioned
188
-
Action
of
Debt
lyes
not
for
Arrears
of
Rent
within
the
Statute
32
H.
8.
250
-
One
Lease
of
Freehold
and
Copy-hold
,
the
Rent
issues
out
of
both
187
-
Avowry
for
Rent
by
Lessee
of
a
Copy-holder
262
S.
-
Steward
75
-
Deputy
,
acts
done
by
him
or
his
Servant
shall
be
good
so
by
a
reputed
Steward
76
,
77
-
Infant
cannot
be
a
Steward
77
-
Surrender
95
-
The
nature
of
a
Surrender
ib.
-
Where
and
in
what
respects
Estates
may
pass
otherwise
than
by
Surrender
99
-
The
Lord
not
compellable
to
make
a
Surrender
49
-
Where
Surrender
is
sufficient
without
Admittance
102
-
Where
Admittance
is
sufficient
without
Surrender
102
-
103
-
Of
Surrenderss
out
of
Court
,
who
may
take
them
,
and
what
are
good
or
not
105
-
In
whom
the
Reversion
after
a
particular
Estate
remains
104
-
Surrender
by
Attorny
,
and
form
of
the
Entry
107
,
108
-
What
shall
pass
,
and
by
what
words
in
a
Surrender
109
-
Construction
of
a
Surrender
where
no
use
is
limitted
110
-
Surrender
passeth
no
Estate
by
Implicacition
-
Where
an
Use
is
limitted
in
a
Surrender
,
how
far
the
construction
shall
be
according
to
the
Rule
of
the
Common
Law
113
-
Surrender
to
an
Use
upon
an
Use
ibid.
-
Surrender
to
the
Use
of
ones
Wife
13
,
125
-
Where
a
Surrender
is
void
for
uncertainty
113
-
Surrender
to
the
Use
of
a
person
not
in
esse
115
-
to
the
Use
of
one
in
ventre
sa
mere
116
-
Of
a
Surrender
to
take
effect
in
futuro
ibid.
-
Construction
of
Surrenders
and
limitations
in
Remainder
or
Reversion
118
,
119
-
If
a
Surrender
makes
a
discontinuance
217
-
Surrender
to
the
Use
of
a
Mans
last
Will
and
how
to
be
construed
124
-
Surrenders
upon
condition
or
contingency
120
,
221
,
122
,
129
-
Where
a
Surrender
before
Admittance
shall
be
good
,
and
where
not
130
-
Surrender
by
Husband
of
the
Wifes
Land
-
Surrender
by
Joynt-Tenants
127
,
131
-
Surrender
by
a
Feme
Covert
133
-
Surrender
of
the
Wives
Land
134
-
Surrender
to
the
Steward
to
the
Use
of
the
Steward
is
good
ibid.
-
Countermand
of
a
Surrender
135
-
What
remedy
to
force
a
Trustee
to
surrender
135
-
Surrender
not
good
till
presented
136
-
Heir
decreed
to
Surrender
on
Contract
with
the
Ancestor
327
-
Relief
in
equity
as
to
Surrender
323
-
Defendant
decreed
to
Surrender
according
to
Agreement
ibid.
-
hold
shall
not
be
extended
237
-
If
the
Copy-holder
bind
himself
in
a
Statute
,
the
Copy
-
-
Within
what
Statutes
of
Parliament
Copy-hold
Lands
are
contained
,
and
within
what
not
247
,
&c.
-
Services
not
to
be
performed
by
Attorny
.
T.
-
How
Copy-holds
are
Entayl'd
,
and
how
dockt
and
barred
165
,
166
,
&c.
-
How
the
Statute
W.
2.
creates
an
Estate
Tayl
166
-
167
-
In
what
cases
Trespass
may
be
brought
by
the
Copy-holder
against
his
Lord
257
-
Trespass
by
a
Copy-holder
for
Beasts
depasturing
on
the
Common
260
-
Tryal
.
-
The
time
of
the
Surrender
or
of
the
Courts
being
held
to
be
tryed
by
the
Jury
,
and
not
by
the
Court-Rolls
307
-
When
Issue
is
taken
upon
a
Surrender
,
where
to
be
tryed
310
-
Traversing
the
day
of
the
Grant
.
Traversing
the
dying
▪
seized
of
the
Copy-hold
246
,
205
-
Where
a
particular
Custom
is
confessed
in
the
Rejoynder
,
he
ought
to
Traverse
the
general
Custom
228
V.
-
Copy-hold
not
determined
or
forfeited
by
Utlawry
-
Special
Verdict
311
-
Custom
not
well
found
312
-
Failer
of
Prescription
313
-
Jury
must
find
directly
,
and
not
argumentatively
ib.
-
Custom
must
be
found
in
the
manner
that
he
pleads
it
314
-
Verdict
aided
318
-
Statute
27
H.
8.
of
Uses
extends
not
to
Copy-hold
252
-
Venue
310
W.
-
Surrender
to
the
Use
ef
a
Man's
last
Will
115
-
Copy-hold
devised
without
Surrender
executed
by
decree
in
Chancery
326
-
Customs
as
to
Woods
,
Underwoods
58
-
What
Copy-holders
may
cut
Trees
,
and
in
what
cases
,
and
to
what
purposes
-
Custom
to
sell
Trees
58
-
Copy-hold
Lands
are
not
within
the
Words
of
the
Statute
34
H.
8.5
.
of
Wills
.
Quaere
,
If
within
the
Equity
253
A
TABLE
OF
THE
Precedents
.
-
A
Settlement
before
Marriage
of
a
Copy-hold
Estate
,
where
according
to
the
Custom
of
the
Manor
there
is
a
dead
Year
after
the
death
of
every
Tenant
,
grantable
by
the
Tenant
in
his
Life-time
,
and
his
Widow
enjoys
the
Estate
,
durante
castitate
,
if
he
surrender
or
alien
it
not
in
his
Life-time
,
with
permission
,
That
the
Goods
of
the
Wife
shall
remain
at
her
disposal
,
and
that
her
Husbands
name
may
be
made
use
of
to
sue
for
her
Debts
,
but
the
Monies
to
be
secured
by
the
Trustees
to
her
use
329
-
Covenant
to
Surrender
Copy-hold
Land
after
bargain
and
sale
of
Free-hold
334
-
Covenant
that
he
is
rightfully
seized
of
Copy-hold
Land
335
-
A
Covenant
to
surrender
Copy-hold
Lands
ibid.
-
A
Covenant
(
in
nature
of
a
Mortgage
)
upon
a
Surrender
of
Copy-hold
Land
to
pay
mony
at
a
certain
time
337
-
A
Bargain
and
Sale
of
Copy-hold
Lands
by
Commissioners
of
Bankrupts
339
-
A
Surrender
in
Trust
,
and
the
Trust
declared
.
Trustees
covenant
not
to
commit
,
&c.
any
thing
that
may
amount
to
a
Forfeiture
342
-
An
Infranchisement
of
Copy-hold
Lands
made
by
a
Lord
of
a
Manor
to
his
Copy-holder
344
-
A
Lease
of
Copy-hold
Land
,
with
the
Lords
Licence
348
-
A
Release
of
Copy-hold
Estate
350
Precedents
of
Copies
of
Court
Rolls
,
Presentments
,
Surrenders
,
Admittances
,
Releases
,
Proclamations
for
not
coming
in
,
&c.
-
A
Surrender
253
-
A
Surrender
of
Copy-hold
Lands
for
Life
,
the
Remainder
in
Fee
taken
by
the
Steward
out
of
Court
355
-
A
Surrender
out
of
Court
of
a
Reversion
to
the
use
of
a
Man
and
his
Wife
,
and
the
Heirs
of
the
Body
of
the
Husband
,
the
Remainder
to
the
Heirs
of
the
Body
of
the
Wife
,
the
Remainder
to
the
Husband
of
the
present
Tenant
for
Life
in
Tayl
,
the
Remainder
to
the
present
Tenant
for
Life
in
Tayl
,
the
Remainder
to
another
in
Fee
,
with
the
Lords
acknowledgment
of
satisfaction
of
a
Fine
.
The
Surrendror
surrenders
all
his
Right
,
&c.
to
the
Husband
and
Wife
the
present
Tenant
for
Life
,
to
the
Uses
aforesaid
356
-
After
abatement
and
intrusion
,
the
Lord
seiseth
the
Lands
,
and
grants
them
to
the
Abator
for
term
of
Life
,
the
Remainder
to
the
next
Heir
of
the
Disseisee
in
Tayl
,
remainder
in
Fee
358
-
Surrender
out
of
Court
to
several
Uses
upon
a
Marriage
Settlement
360
-
Presentment
of
a
Surrender
made
in
Court
,
with
the
Admittance
of
the
Tenant
next
Heir
361
-
The
finding
the
death
of
a
Tenant
,
and
of
the
Lands
and
Heir
,
with
the
Admission
of
the
Tenant
,
and
a
Presentment
made
in
Court
between
the
Heir
and
his
Mother
,
touching
her
Dower
,
and
the
Mothers
Release
of
her
Dower
362
-
Presentment
of
the
Copy-hold
Customs
of
a
Manor
376
,
367
-
Surrender
by
Baron
and
Feme
369
-
Surrender
to
the
Use
of
ones
last
Will
370
-
Grant
of
the
wardship
of
a
Tenant
ibid.
-
Surrender
of
right
Title
and
Interest
to
two
by
Moieties
371
-
Admittance
of
a
next
Heir
372
-
A
surrender
by
one
in
extremis
,
by
the
Hands
of
two
customary
Tenants
to
the
Use
of
his
last
Will
,
which
is
recited
to
one
for
Life
,
the
Remainder
over
,
Tenant
for
Life
surrenders
to
him
in
Remainder
,
on
condition
in
the
Will
373
-
Licence
to
demise
for
Years
not
exceeding
31
375
-
Presentment
that
the
customary
Tenant
died
seised
,
and
that
the
Heir
came
not
to
take
up
the
Land
,
and
Proclamation
made
ibid.
-
Presentment
that
the
mony
mentioned
in
a
Surrender
was
not
paid
at
the
time
ideo
proclamatio
prima
ibid.
-
A
Fine
respiteed
at
last
Court
taxed
at
the
next
376
-
Presentment
,
That
a
Surrender
precedent
was
chargable
with
the
payment
of
100
l.
to
M.
when
he
should
attain
the
Age
of
21
years
,
or
day
of
Marriage
,
which
should
first
happen
,
and
with
a
like
Sum
to
A.
payable
in
the
same
manner
.
M.
upon
receit
of
the
100
l.
releaseth
,
and
the
Surrendree
secures
the
payment
of
the
other
100
l.
to
A.
by
Lease
376
-
Presentment
,
That
several
Copy-hold
Lands
were
infranchised
by
the
Lord
377
-
Surrender
on
condition
378
-
Surrender
to
the
use
of
a
youngest
Son
,
conditional
for
payment
of
mony
at
several
days
379
-
A
Surrender
and
Release
in
consideration
of
400
l.
380
-
Surrender
to
the
Use
of
ones
last
Will
,
to
which
a
Codicil
is
annexed
,
and
which
is
presented
by
the
Jury
,
and
admittance
to
Tenant
for
Life
381
-
Second
Proclamation
for
not
coming
in
and
taking
up
the
said
Estate
382
-
Acknowledgment
by
the
Lord
that
the
Copy-hold
is
infranchised
383
-
Admittance
by
the
Gardian
ibid.
-
The
third
Proclamation
because
the
Tenant
came
not
in
to
take
up
the
Estate
,
and
seisure
by
the
Bayliff
ibid.
-
Licence
to
Demise
and
Fine
,
pro
Licentia
384
From
Page
256
to
273.
you
are
desired
to
amend
the
Folio's
.
BOOKS
lately
Printed
for
,
and
sold
by
John
Walthoe
,
at
his
Shop
in
Vine
Court
,
Middle
Temple
,
adjoyning
to
the
Cloysters
.
TRyals
Per
Pais
:
Or
,
The
Laws
of
England
concerning
Juries
by
Nisi
Prius
,
&c.
Newly
Revised
and
much
Inlarged
,
with
an
Addition
of
Precedents
and
Forms
of
Challenges
,
Demurrers
upon
Evidence
,
Bills
of
Exception
,
Pleas
,
Puis
le
Darrein
Continuance
,
&c.
The
third
Edition
corrected
and
amended
.
To
which
is
now
added
,
A
farther
Treatise
of
Evidence
.
Together
with
a
new
and
exact
Table
to
the
whole
matter
.
Very
useful
and
necessary
for
all
Lawyers
,
Attornies
,
and
other
Practisers
,
especially
at
the
Assise
.
By
G.
D.
of
the
Inner-Temple
,
Esq
The
Modern
Conveyancer
;
Or
,
Conveyancing
Improved
:
being
a
choice
Collection
of
PRESIDENTS
on
most
Occasions
.
Drawn
after
the
manner
of
Conveyancing
now
in
Use
.
By
the
greatest
Hands
of
the
present
Age
;
of
which
some
are
still
living
.
Consisting
of
Settlements
of
Estates
upon
Marriages
,
Mortgages
,
Assignments
,
&c.
With
an
Introduction
concerning
Conveyancing
in
General
,
in
large
8vo
.
The
Practick
part
of
the
Law
,
shewing
the
Office
of
an
Attorny
,
and
a
Guide
for
Solicitors
in
all
the
Courts
of
Westminster
,
Viz.
The
Courts
of
Chancery
,
Kings-Bench
,
Common-Pleas
,
and
Exchequer
;
with
the
manner
of
their
Proceedings
in
any
Action
Real
,
Personal
and
Mixt
,
from
the
Original
to
the
Execution
.
As
also
the
Practice
of
the
Courts
in
the
City
of
London
,
Court
of
Admiralty
,
Ecclesiastical
Courts
,
and
other
Inferior
Courts
in
the
Country
.
An
exact
Abridgment
of
all
the
Statutes
of
King
William
and
Queen
Mary
,
now
in
force
and
use
.
By
John
Washington
,
Esq
A
Compendious
and
Accurate
Treatise
of
Fines
upon
Writs
of
Covenant
;
and
Recoveries
upon
Writs
of
Entry
in
the
Post
.
With
ample
and
copious
Instructions
how
to
draw
,
acknowledge
and
levy
the
same
in
all
Cases
.
Being
a
Work
performed
with
great
exactness
,
and
full
of
variety
of
Clerkship
.
The
third
Edition
;
Wherein
the
former
are
reviewed
,
corrected
and
inlarged
.
With
an
Addition
of
several
Precedents
,
and
many
Observations
,
Rules
and
Cases
concerning
the
Effect
and
Operation
of
Fines
and
Recoveries
.
A
Catalogue
of
the
Common
and
Statute
Law-Books
of
this
Realm
;
with
some
others
relating
thereunto
.
Alphabettically
digested
under
proper
Heads
.
With
an
Account
of
the
best
Editions
,
Volumes
and
common
Prices
they
are
now
sold
at
.
The
third
Edition
,
with
Additions
.
The
Law
of
Obligations
and
Conditions
;
Or
an
accurate
Treatise
wherein
is
contained
the
whole
Learning
of
the
Law
concerning
Bills
,
Bonds
,
Conditions
,
Statutes
,
Recognizances
and
Defazances
;
as
also
Declarations
on
special
Conditions
,
and
the
Pleadings
thereon
,
Issues
,
Judgments
and
Executions
,
with
many
other
useful
matters
relating
thereunto
.
Digested
under
their
proper
Titles
.
To
which
is
added
a
Table
of
Declarations
and
Pleadings
upon
Bonds
now
Extant
.
8vo
.
Observations
Historical
and
Genealogical
,
wherein
the
Originals
of
the
Emperor
,
Kings
,
Electors
,
and
other
Sovereign
Princes
of
Europe
▪
with
a
Series
of
their
Births
,
Matches
,
more
Remarkable
Actions
,
and
Deaths
;
as
also
the
Augmentations
Decreasings
and
Pretensions
of
each
Family
,
are
drawn
down
to
the
Year
1690.
in
8vo
.
Blunts
Law
Dictionary
interpreting
such
difficult
and
obscure
Words
and
Terms
as
are
found
either
in
our
Common
or
Statute
,
Ancient
or
Modern
Laws
,
with
References
to
the
several
Statutes
,
Records
,
Registers
,
Law-Books
,
Charters
,
ancient
Deeds
and
Manuscripts
,
wherein
the
words
are
used
,
and
Etymologies
where
they
properly
occur
.
The
second
Edition
,
with
the
Addition
of
above
600
words
,
Fol.
10
s.
The
Life
of
the
Famous
Cardinal
Duke
de
Richlieu
,
Principal
Minister
of
State
to
Lewis
the
XIII
.
King
of
France
and
Navar
,
in
2
Vol.
8vo
.
Price
10
s.
A
New
Voyage
to
Italy
,
with
a
Description
of
the
chief
Towns
,
Churches
,
Tombs
,
Libraries
,
Palaces
,
Statutes
and
Antiquities
of
that
Country
.
Together
with
useful
Instructions
for
those
who
shall
Travel
thither
.
By
Maximilian
Misson
,
Gent.
Done
into
English
,
and
Adorned
with
Figures
,
in
2
Vol.
8vo
.
10
s.
The
Life
of
the
Famous
John
Baptist
Colbert
,
late
Minister
and
Secretary
of
State
to
Lewis
the
XIV
.
the
present
French
King
.
Done
into
English
in
8vo
.
3
s.
All
the
Statutes
now
in
force
and
use
concerning
Bankrupts
are
here
methodically
digested
;
Together
with
the
Judges
Resolutions
thereupon
.
To
which
are
annexed
the
late
Acts
against
Fraudulent
Devises
and
Clandestine
Mortgages
,
in
12ves
.
Price
1
s.
6
d.
Reports
of
Cases
taken
and
adjudged
in
the
Court
of
Chancery
from
the
first
year
of
the
Reign
of
King
Charles
I.
to
the
beginning
of
the
Reign
of
his
present
Majesty
King
William
the
III.
in
2
Vol.
8vo
.
Price
10
s.
FINIS
.