The relation betweene the lord of a mannor and the coppy-holder his tenant. Delivered in the learned readings of the late excellent and famous lawyer, Char. Calthrope of the Honorable Society of Lincolnes-Inne Esq; whereby it doth appeare for what causes a coppy-holder may forfeite his coppy-hold estate, and for what not; and like wise what lord can grant a coppy, and to whom. Published for the good of the lords of mannors, and their tenants
         Calthrope, Charles, Sir, d. 1616.
      
       
         
           1635
        
      
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             The relation betweene the lord of a mannor and the coppy-holder his tenant. Delivered in the learned readings of the late excellent and famous lawyer, Char. Calthrope of the Honorable Society of Lincolnes-Inne Esq; whereby it doth appeare for what causes a coppy-holder may forfeite his coppy-hold estate, and for what not; and like wise what lord can grant a coppy, and to whom. Published for the good of the lords of mannors, and their tenants
             Calthrope, Charles, Sir, d. 1616.
          
           [2], 99, [1] p.
           
             Printed [by J. Okes] for William Cooke and are to be sold at his shop neere Furnivals Inne gate in Holborne,
             London :
             1635.
          
           
             Printer's name from STC.
             In this edition, B3r line 2 has: Uilenage.
             Reproduction of the original in the University of Michigan. Law Library.
          
        
      
    
     
       
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         eng
      
       
         
           Copyhold -- Early works to 1800.
           Land tenure -- Law and legislation -- Great Britain -- Early works to 1800.
        
      
    
     
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           THE
           RELATION
           BETWEENE
           THE
           LORD
           OF
           A
           MANNOR
           AND
           THE
           COPPY-HOLDER
           His
           TENANT
           .
           Delivered
           in
           the
           Learned
           Readings
           of
           the
           late
           Excellent
           and
           Famous
           Lawyer
           ,
           CHAR.
           CALTHROPE
           of
           the
           Honorable
           Society
           of
           
             Lincolnes-Inne
          
           
             Esq
          
           Whereby
           it
           doth
           appeare
           for
           what
           causes
           a
           Coppy-holder
           may
           forfeite
           his
           Coppy-hold
           Estate
           ,
           and
           for
           what
           not
           ;
           and
           likewise
           what
           Lord
           can
           grant
           a
           Coppy
           ,
           and
           
             to
             whom
             .
          
        
         
           Published
           for
           the
           good
           of
           the
           Lords
           of
           Mannors
           ,
           and
           their
           Tenants
           .
        
         
           
             Non
             magis
             promaenibus
             quam
             pro
             servandis
             legibus
             liber
             :
             Cives
             pugnare
             debent
             ,
             siquidem
             sine
             maenibus
             Respublica
             potest
             consistere
             :
             sine
             Legibus
             non
             potest
             .
          
        
         
           
             LONDON
             :
          
           Printed
           for
           
             William
             Cooke
          
           and
           are
           to
           be
           sold
           at
           his
           shop
           neere
           Furnivals
           Inne
           gate
           in
           Holborne
           .
           1635.
           
        
      
    
     
       
         
         
         
           COPPY-HOLDS
        
         
           The
           first
           Lecture
           .
        
         
           THE
           great
           injuries
           which
           are
           offered
           ,
           and
           small
           remedies
           which
           are
           used
           in
           cases
           of
           Coppy-holds
           ,
           which
           as
           it
           seemeth
           ,
           doe
           grow
           by
           the
           obscure
           knowledge
           what
           Law
           &
           Custome
           judgeth
           in
           these
           matters
           of
           Coppy-hold
           :
           moveth
           mee
           to
           shew
           some
           part
           of
           my
           Travailes
           in
           these
           poynts
           ,
           not
           thereby
           to
           animate
           Coppy-hold
           Tenants
           which
           would
           by
           too
           much
           advancing
           their
           Tenure
           ,
           pretend
           only
           to
           be
           Tenants
           by
           Custome
           ,
           and
           not
           Tenants
           at
           
             Will
             ,
          
           nor
           to
           encourage
           any
           
             Coppy-hold
          
           Lord
           ,
           which
           could
           by
           too
           much
           abasing
           these
           
             Tenures
             ,
          
           pretend
           to
           have
           such
           
             Coppy-holders
          
           
           onely
           
             Tenants
          
           at
           
             Will
             ,
          
           and
           not
           regard
           their
           customes
           ,
           but
           to
           proove
           unto
           you
           ,
           that
           as
           their
           Title
           and
           name
           sheweth
           they
           are
           
             Tenants
          
           at
           
             will
             ,
          
           and
           
             Tenants
          
           by
           Custome
           in
           their
           Land
           ,
           and
           they
           consist
           both
           of
           their
           Lords
           
             Will
          
           and
           
             Custome
          
           of
           the
           
             Mannour
          
           in
           their
           degrees
           .
           And
           that
           this
           
             Will
          
           and
           
             Custome
          
           be
           contained
           within
           the
           Limits
           of
           Law
           and
           reason
           ,
           according
           to
           such
           rules
           as
           shall
           be
           hereafter
           declared
           .
        
         
           First
           I
           will
           shew
           what
           a
           Coppy-hold
           is
           ,
           then
           whereof
           it
           doth
           consist
           ,
           and
           what
           estimation
           the
           same
           is
           of
           ,
           by
           the
           Antiquity
           of
           time
           ,
           and
           by
           the
           Lawes
           and
           Statutes
           of
           this
           Realme
           .
        
         
           Master
           
             Littleton
          
           in
           his
           first
           booke
           of
           
             Teuures
             ,
          
           defineth
           a
           Tenant
           by
           Coppy
           of
           Court
           Role
           ,
           and
           to
           be
           where
           a
           man
           is
           seised
           of
           a
           
             Mannour
             ,
          
           in
           which
           is
           a
           
             Custome
          
           that
           hath
           been
           used
           time
           out
           of
           minde
           ,
           that
           certaine
           Tenants
           of
           the
           same
           
             Mannour
          
           have
           used
           ,
           to
           have
           certaine
           Lands
           and
           Tenements
           to
           hold
           to
           them
           ▪
           and
           their
           heires
           ,
           in
           Fee
           Simple
           ,
           Fee
           Taile
           ,
           or
           for
           Life
           at
           the
           will
           of
           the
           Lord
           after
           the
           Custome
           of
           the
           Mannonr
           :
           And
           that
           they
           have
           no
           other
           evidence
           but
           the
           Roles
           of
           the
           Court
           ,
           by
           which
           difinition
           ,
           and
           by
           certaine
           other
           observations
           of
           the
           Law
           it
           may
           bee
           gathered
           ,
           that
           a
           Coppy-hold
           doth
           consist
           of
           these
           sixe
           principall
           grounds
           ,
           or
           Circumstances
           .
           
             (
             viz.
             )
          
        
         
         
           First
           ,
           there
           must
           be
           a
           
             Mannour
             ,
          
           for
           the
           maintenance
           of
           
             Coppy-hold
             .
          
        
         
           Secondly
           ,
           a
           custome
           for
           the
           allowing
           of
           the
           same
           .
        
         
           Thirdly
           ,
           there
           must
           be
           a
           Court
           holden
           for
           the
           proofe
           of
           the
           Coppy-holders
           .
        
         
           Fourthly
           ,
           there
           must
           be
           a
           Lord
           to
           give
           the
           
             Coppy-hold
             .
          
        
         
           Fiftly
           ,
           there
           must
           be
           a
           
             Tenant
          
           of
           Capacity
           to
           take
           the
           
             Tenement
             .
          
        
         
           Lastly
           ,
           the
           thing
           to
           bee
           granted
           which
           must
           bee
           such
           as
           is
           grantable
           ,
           and
           may
           bee
           held
           of
           the
           Lord
           according
           to
           the
           
             Tenure
             .
          
        
         
           But
           first
           before
           I
           speake
           of
           these
           Circumstances
           ,
           I
           will
           briefly
           declare
           unto
           you
           the
           Dignity
           and
           Estimation
           of
           
             Coppy-holders
             ,
          
           by
           the
           Antiquity
           ,
           and
           allowance
           of
           time
           ,
           and
           by
           the
           Lawes
           and
           Statutes
           of
           this
           Realme
           .
        
         
           It
           appeareth
           by
           a
           certaine
           booke
           intituled
           
             De
             priscis
             anglor
             :
             legibus
             :
          
           Translated
           out
           of
           
             Saxon
          
           Tongue
           by
           Master
           
             Lambert
          
           of
           
             Lincolns
             Inne
             ;
          
           that
           
             Coppy-holds
          
           were
           long
           before
           the
           Conquest
           ,
           and
           then
           called
           by
           the
           name
           of
           (
           Bookeland
           )
           as
           you
           may
           see
           in
           the
           beginning
           of
           the
           Booke
           ,
           in
           the
           Treatise
           
             De
             rerum
             &
             Verborum
             explicatione
             ;
          
           and
           by
           Master
           
             BRACTON
          
           an
           Ancient
           Writer
           of
           the
           Lawes
           of
           ENGLAND
           ,
           who
           in
           his
           Booke
           VVriteth
           divers
           presidents
           
           and
           Records
           of
           King
           
             Henry
             ;
          
           of
           allowance
           ,
           Copi-holders
           or
           Customary
           Tenants
           that
           do
           their
           due
           services
           ,
           the
           Lords
           might
           not
           expell
           them
           ;
           according
           to
           the
           opinion
           of
           the
           latter
           Judges
           ,
           in
           the
           time
           of
           
             Edward
          
           the
           4.
           and
           
             Edward
          
           the
           third
           :
           And
           it
           appeareth
           by
           Master
           
             Fitz-Herberts
             Abridgements
             ,
          
           they
           were
           preferred
           by
           a
           speciall
           writ
           for
           that
           purpose
           ,
           and
           the
           Lord
           thereby
           compelled
           to
           do
           right
           .
           And
           in
           the
           time
           of
           
             Henry
          
           the
           fourth
           ,
           Tenants
           by
           the
           Virge
           ,
           which
           are
           the
           same
           in
           Nature
           ,
           as
           Copy-holders
           be
           ,
           were
           allowed
           by
           the
           name
           of
           Sokemaines
           in
           
             Franktenure
             ;
          
           as
           in
           the
           time
           of
           
             Henry
          
           7.
           were
           allowed
           ,
           and
           of
           the
           King
           ,
           for
           defence
           of
           their
           estates
           .
           So
           that
           in
           every
           Kings
           time
           Copy-holders
           have
           had
           their
           allowances
           according
           to
           their
           natures
           ,
           unto
           this
           time
           present
           ,
           wherein
           our
           Justices
           are
           of
           opinion
           ,
           as
           the
           said
           grave
           Sages
           have
           beene
           in
           times
           past
           .
           Now
           I
           will
           further
           proceede
           in
           some
           perticuler
           use
           of
           these
           Tenures
           ,
           according
           to
           the
           Lawes
           and
           Statutes
           of
           this
           Realme
           :
           And
           because
           I
           finde
           none
           that
           doth
           so
           much
           deface
           the
           estimation
           of
           Copy-holders
           ,
           as
           Master
           
             Fitz
             Herbert
          
           doth
           in
           his
           Writ
           
             Derecto
             Clauso
             .
          
           I
           will
           begin
           with
           his
           words
           and
           judgement
           in
           the
           same
           ,
           and
           proceed
           to
           other
           Authorities
           .
        
         
           Master
           
             Fitz-Herbert
             ,
          
           saith
           that
           this
           Terme
           Coppi-holders
           is
           but
           a
           new
           Terme
           ,
           newly
           
           found
           out
           ,
           &
           that
           in
           old
           time
           they
           were
           called
           Tenants
           in
           Uilenage
           ,
           or
           base
           Tenure
           ;
           and
           this
           saith
           he
           ,
           doth
           appeare
           in
           the
           old
           Tenures
           ,
           for
           no
           Coppy-holders
           are
           there
           spoken
           of
           ,
           although
           there
           were
           at
           that
           time
           such
           Tenants
           .
           But
           then
           saith
           ,
           they
           were
           called
           Tennats
           in
           Vilenage
           and
           saith
           ,
           as
           appeareth
           44.
           
           
             Henry
          
           4.
           
           If
           a
           false
           judgement
           be
           given
           against
           them
           ,
           in
           the
           Lords
           Court
           ,
           they
           shall
           have
           no
           remedy
           ,
           but
           sue
           to
           their
           Lord
           by
           petition
           ,
           because
           to
           hold
           by
           Coppy
           of
           Court
           Role
           ,
           which
           is
           as
           hee
           saith
           base
           Tenure
           ,
           is
           to
           hold
           in
           Villenage
           ,
           which
           said
           opinion
           of
           
             Fitz-Herbert
             ,
          
           have
           beene
           by
           divers
           wrested
           ,
           to
           make
           no
           diuersity
           betweene
           Tenure
           in
           Villenage
           ,
           and
           Tenure
           ,
           by
           Coppy
           of
           Court
           Role
           or
           base
           Tenure
           ,
           wherein
           whatsoever
           interpretation
           may
           be
           made
           ,
           Master
           
             Fitz
             Herberts
          
           meaning
           is
           very
           plaine
           ,
           and
           the
           Booke
           of
           the
           old
           Tenures
           ,
           is
           to
           be
           farre
           otherwise
           understood
           :
           as
           also
           I
           suppose
           ,
           all
           other
           Authorities
           in
           our
           Law
           doe
           make
           and
           appoint
           difference
           betweene
           the
           Tenures
           .
           And
           first
           touching
           the
           Booke
           of
           the
           old
           Tenures
           it
           is
           plaine
           ,
           that
           the
           Booke
           maketh
           a
           plaine
           distinction
           betweene
           Tenure
           in
           Villenage
           ,
           and
           
             Tenure
          
           in
           Fee
           Base
           ,
           which
           is
           understood
           this
           
             Tenure
          
           by
           Coppy-hold
           ,
           and
           calleth
           it
           a
           Fee
           although
           a
           base
           Fee
           ,
           and
           maketh
           diverse
           distinctions
           betweene
           them
           ,
           and
           sayth
           ,
           that
           the
           
             Tenants
          
           
           in
           
             Villenage
          
           must
           doe
           all
           such
           things
           as
           their
           Lord
           will
           command
           them
           .
           But
           otherwise
           ,
           it
           is
           of
           the
           
             Tenants
          
           in
           Base
           Fee.
           And
           this
           it
           seemeth
           the
           sayd
           Booke
           of
           olde
           
             Tenure
             ;
          
           to
           be
           by
           Mr.
           
             Fitzherbert
          
           mis-recited
           ,
           which
           I
           am
           the
           bolder
           to
           affirme
           ,
           saving
           the
           due
           reverence
           to
           his
           Learning
           :
           because
           one
           Mr.
           
             Thornton
          
           of
           
             Lincolns
          
           Inne
           ,
           a
           man
           very
           learned
           in
           his
           late
           Reading
           there
           upon
           the
           
             Statute
          
           of
           
             Forger
             facts
             :
          
           Speaking
           of
           
             Forging
             Court
             Roles
             ,
          
           did
           playnly
           affirme
           the
           Booke
           of
           the
           olde
           
             Tenures
          
           to
           be
           mistaken
           by
           Mr.
           
             Fitzherbert
          
           in
           this
           poynt
           .
           And
           besides
           ,
           for
           the
           further
           credite
           of
           
             Coppy-holds
             ,
          
           we
           ought
           to
           consider
           the
           great
           Authority
           of
           Mr.
           
             Littleton
             ,
          
           who
           amongst
           the
           rest
           of
           his
           
             Tenures
             ,
          
           doth
           make
           a
           divided
           Chapter
           thereof
           ,
           differing
           from
           his
           
             Tenement
          
           in
           
             Villenage
             ,
          
           shewing
           there
           the
           Suites
           and
           Plaints
           of
           
             Coppy-holders
             ,
          
           saying
           that
           they
           haue
           an
           Estate
           of
           Inheritance
           according
           to
           the
           Custome
           :
           And
           delivereth
           his
           owne
           opinion
           ,
           that
           if
           a
           
             Coppy-holder
          
           doing
           his
           Services
           bee
           compelled
           by
           the
           Lord
           ,
           he
           shall
           haue
           an
           Action
           of
           Transgression
           .
           And
           sayth
           ,
           that
           
             Danby
          
           and
           
             Brian
             21.
             
             Ed.
          
           4.
           were
           of
           the
           same
           Minde
           ,
           according
           to
           which
           is
           
             Bracton
             ,
          
           and
           the
           sayd
           Presidents
           of
           
             Hen.
          
           3.
           and
           the
           Writ
           vsed
           in
           
             Tempore
             ,
             R.
          
           2.
           besides
           many
           other
           reasons
           at
           the
           Common-Law
           ,
           &c.
           prooving
           that
           by
           use
           and
           circumstance
           things
           may
           alter
           and
           
           change
           their
           originall
           nature
           .
        
         
           As
           for
           example
           ,
           the
           service
           of
           
             Socage
             Tenure
          
           was
           at
           the
           beginning
           ,
           (
           as
           Mr.
           
             Littleton
          
           sayth
           )
           to
           Till
           the
           Lords
           Land
           ,
           &c.
           
           And
           yet
           now
           by
           consent
           of
           the
           Lord
           ,
           and
           by
           continuance
           of
           time
           are
           turned
           into
           money
           ,
           and
           other
           Services
           in
           lieu
           thereof
           .
           Even
           so
           may
           be
           sayd
           of
           
             Coppy-holds
             ,
          
           as
           long
           as
           the
           
             Tenants
          
           themselves
           be
           free
           ,
           though
           their
           
             Tenure
          
           were
           at
           beginning
           never
           so
           bound
           and
           base
           :
           yet
           by
           course
           of
           time
           ,
           they
           may
           gayne
           more
           liberty
           and
           freedome
           ,
           and
           grow
           to
           more
           estimation
           and
           account
           .
           An
           other
           reason
           and
           Rule
           there
           is
           at
           the
           Common-Law
           ,
           to
           this
           intent
           ,
           that
           some
           things
           there
           were
           which
           in
           the
           beginning
           were
           but
           
             voluntary
             ,
          
           and
           yet
           in
           the
           end
           by
           continuance
           became
           
             Compulsary
             ,
          
           as
           appeareth
           27
           
             Ass
             .
             praescript
             .
             Bract.
          
           That
           a
           man
           that
           did
           at
           the
           first
           of
           his
           owne
           meere
           benevolence
           repayre
           a
           high
           way
           or
           a
           Bridge
           by
           often
           using
           ,
           was
           afterwards
           compelled
           
             volens
             nolens
             .
          
           Even
           so
           it
           may
           be
           sayd
           of
           the
           
             Coppy-holders
             ,
          
           who
           at
           the
           first
           held
           but
           at
           the
           free
           will
           of
           the
           Lord
           ;
           yet
           now
           by
           usage
           and
           continuall
           granting
           time
           out
           of
           minde
           ,
           they
           haue
           gotten
           an
           estate
           after
           the
           Custome
           ,
           that
           doing
           their
           Services
           ,
           and
           behaving
           themselues
           well
           ,
           they
           cannot
           by
           Law
           or
           Reason
           be
           put
           from
           them
           .
           Thus
           much
           for
           the
           allowance
           of
           
             Coppy-holders
          
           by
           the
           Common-Law
           ,
           now
           let
           us
           consider
           
           the
           Reputation
           of
           them
           by
           the
           Statutes
           and
           Parliament
           Law.
           
        
         
           It
           appeareth
           by
           the
           Statute
           of
           1.
           
           
             Rich.
          
           3.
           
           4.
           
           &
           19.
           
           
             Hen.
          
           7.
           23.
           
           That
           a
           
             Coppy-holder
          
           that
           may
           dispend
           twenty
           sixe
           shillings
           eight
           pence
           by
           the
           yeare
           shall
           be
           Empanelled
           on
           a
           Iury
           ,
           as
           hee
           that
           may
           dispend
           twenty
           shillings
           by
           the
           yeare
           of
           Free
           Lands
           .
           And
           by
           the
           Statute
           of
           the
           2.
           
           
             Ed.
             6.
             cap.
          
           8.
           the
           Interest
           of
           
             Coppy-holders
          
           are
           Reserved
           ,
           being
           found
           by
           Office
           after
           the
           Death
           of
           the
           Kings
           Tenants
           ,
           as
           well
           as
           other
           Estates
           at
           the
           Common-Law
           ,
           and
           so
           doth
           the
           Statute
           of
           Monasteries
           .
           31.
           
           
             Hen.
             8.
             cap.
          
           13.
           
           &
           1.
           
           
             Edw.
             6.
             cap.
          
           14.
           preserue
           
             Coppy-holds
          
           from
           dissolving
           .
           And
           it
           will
           seeme
           that
           
             Coppy-holders
          
           are
           for
           the
           Common-wealth
           ,
           and
           therefore
           to
           bee
           maintayned
           ,
           for
           that
           some
           haue
           beene
           erected
           and
           established
           by
           Parliament
           ,
           which
           were
           not
           
             de
             visible
          
           by
           
             Coppy
          
           before
           ,
           as
           appeareth
           by
           the
           Statutes
           32
           
             Hen.
             8.
             2.
             2.
             
             Ed.
          
           32.
           
        
         
           What
           shall
           be
           sayd
           ,
           a
           Mannour
           and
           a
           Mannour
           as
           will
           mayntaine
           a
           
             Coppy-hold
             .
          
           A
           Mannour
           consisteth
           in
           two
           parts
           
             (
             viz.
             )
          
           Demeasnes
           and
           Services
           ,
           and
           neyther
           of
           these
           two
           parts
           hath
           the
           name
           of
           a
           Mannour
           without
           the
           other
           :
           for
           as
           a
           Messuage
           or
           Lands
           cannot
           be
           called
           Demeasnes
           without
           Tenements
           thereunto
           belonging
           ,
           to
           pay
           Rents
           and
           do
           Services
           ,
           but
           doth
           still
           beare
           the
           name
           of
           Messuage
           
           or
           Lands
           :
           So
           on
           the
           other
           part
           ,
           though
           a
           Man
           have
           Tenements
           to
           pay
           him
           Rents
           ,
           and
           doe
           him
           Services
           ,
           and
           no
           Messuage
           or
           Lands
           whereupon
           to
           keepe
           his
           Court
           ,
           and
           to
           receiue
           his
           Rents
           and
           Services
           ,
           this
           cannot
           be
           called
           a
           Mannour
           ,
           but
           onely
           a
           Signiory
           in
           grosse
           .
           
             Fitz.
             na
             .
             brev
             .
             s
             .
             3.
             
             &
             .
          
           8.
           
        
         
           
             Demeanes
          
           are
           so
           called
           ,
           for
           that
           the
           Lord
           himselfe
           occupieth
           and
           manureth
           them
           
             In
             son
             maine
             Demeasne
             .
          
           But
           all
           Lands
           that
           have
           been
           in
           the
           Lords
           owne
           hands
           ,
           bee
           not
           called
           
             Demeanes
             ,
          
           for
           all
           Free-holds
           and
           Coppy-holds
           were
           in
           his
           owne
           hands
           at
           the
           beginning
           .
           But
           
             Demeanes
          
           is
           that
           which
           is
           now
           ,
           and
           time
           our
           of
           Minde
           have
           beene
           in
           the
           Lords
           hands
           ,
           or
           occupation
           of
           his
           Bay
           liffe
           or
           Servants
           :
           And
           that
           also
           which
           auncient
           Coppy-hold
           may
           be
           to
           some
           purpose
           called
           
             Demeasnes
             ,
          
           because
           in
           every
           Surrender
           in
           
             Manus
             Domini
             ,
          
           and
           every
           grant
           
             extra
             manus
             Domini
             ,
          
           the
           Lord
           hath
           a
           medling
           with
           it
           ,
           and
           may
           thereupon
           keepe
           his
           Court
           ,
           and
           for
           the
           most
           part
           cut
           downe
           Timber
           ,
           and
           such
           like
           :
           And
           that
           it
           is
           also
           called
           
             Demeasnes
             ,
          
           which
           now
           is
           in
           the
           Lords
           hands
           by
           any
           new
           Escheate
           or
           Forfeiture
           .
           And
           also
           the
           Lands
           which
           are
           in
           the
           hands
           of
           the
           Coppy-holders
           ,
           is
           such
           a
           
             Demeasne
          
           as
           with
           other
           Services
           will
           make
           a
           Mannour
           ,
           
           though
           the
           Lord
           hath
           none
           other
           demeanes
           there
           in
           his
           owne
           hands
           ,
           nor
           in
           the
           hands
           of
           his
           Bayliffe
           ,
           or
           servants
           Services
           ,
           as
           with
           a
           Demeasne
           shal
           make
           a
           Mannour
           to
           maintaine
           :
           Coppy-holds
           is
           where
           a
           man
           holdeth
           Lands
           or
           Tenements
           freely
           to
           suite
           to
           the
           Court
           of
           the
           Lord
           of
           the
           Mannour
           within
           the
           sayd
           Fee
           :
           But
           yet
           euery
           kind
           of
           Service
           will
           not
           make
           a
           Mannour
           ,
           for
           Services
           are
           of
           two
           kinds
           ,
           
             viz.
          
           That
           is
           by
           Tenure
           and
           by
           covenant
           ;
           Service
           by
           Tenure
           is
           also
           of
           two
           sorts
           ,
           as
           if
           a
           man
           at
           this
           day
           giveth
           his
           Land
           in
           tayle
           ,
           or
           leaseth
           it
           for
           Life
           or
           Yeares
           ,
           saving
           the
           Reversion
           :
           here
           is
           a
           Service
           of
           Fealty
           incident
           to
           this
           Tenure
           ,
           betweene
           the
           
             Doner
          
           or
           the
           
             Lessor
             ,
          
           and
           the
           
             Donee
          
           or
           the
           
             Lessee
             .
          
           And
           yet
           though
           this
           be
           a
           Service
           by
           Tenure
           ,
           yet
           is
           it
           no
           such
           Service
           as
           will
           make
           a
           Mannour
           .
           For
           if
           a
           man
           at
           this
           Day
           be
           seised
           of
           twenty
           Acres
           of
           Land
           ,
           and
           
             Enfeffeth
          
           nineteene
           severall
           persons
           of
           nineteene
           of
           these
           Acres
           ,
           saving
           the
           twentieth
           to
           himselfe
           ,
           and
           reserveth
           of
           every
           of
           his
           
             Fcofees
          
           suite
           of
           the
           Court
           and
           other
           Services
           to
           be
           done
           to
           this
           Court
           ,
           to
           be
           held
           on
           the
           twentieth
           Acre
           ,
           though
           the
           
             Feofments
          
           be
           by
           Deed
           indented
           ,
           or
           in
           tayle
           or
           of
           Lives
           ,
           yet
           all
           is
           voyde
           ,
           and
           avayleth
           not
           to
           make
           a
           Mannour
           .
           But
           it
           maketh
           onely
           a
           Tenure
           in
           grosse
           ,
           for
           a
           Tenure
           may
           by
           divers
           
           meanes
           be
           created
           at
           this
           Day
           ;
           but
           a
           Mannour
           by
           no
           way
           ,
           by
           a
           Common
           person
           .
           
             Plow
             .
             Com.
          
           2.
           693.
           
        
         
           A
           Mannour
           must
           be
           by
           Prescription
           ,
           and
           the
           Services
           by
           Continuance
           ,
           time
           out
           of
           minde
           .
        
         
           But
           although
           a
           man
           at
           this
           Day
           cannot
           make
           a
           Mannour
           ,
           yet
           hee
           may
           in
           some
           sort
           enlarge
           a
           Mannour
           by
           adding
           more
           Services
           unto
           it
           .
           9.
           
           
             Ass
             .
          
           A
           man
           seised
           of
           a
           Mannour
           did
           give
           parcell
           of
           the
           same
           to
           hold
           of
           him
           by
           Suite
           to
           his
           Mill
           within
           the
           same
           Mannour
           ,
           for
           this
           Service
           the
           Lord
           may
           distrayne
           ,
           and
           it
           is
           their
           held
           to
           be
           accounted
           parcell
           of
           the
           
             Mannour
             .
          
        
         
           In
           like
           manner
           ,
           a
           man
           may
           by
           reserving
           upon
           a
           gift
           ,
           Intayle
           ,
           or
           Lease
           for
           Life
           :
           Services
           ingrosse
           ,
           
           increase
           the
           Services
           of
           an
           ancient
           
             Mannour
             .
             Signior
             grant
             le
             Demeasnes
             &
             Services
             del
             son
             Mannour
             de
             Norkelsey
             &c.
          
           
           
             extend
             en
             auter
             Towne
             per
             le
             melior
             opinion
             des
             Iustices
             de
             Common
             Banck
             le
             grantee
             ,
             &c.
          
           keepe
           a
           Court
           there
           ,
           and
           so
           a
           
             Mannour
          
           to
           be
           created
           at
           this
           Day
           .
        
         
           What
           shall
           be
           sayd
           ,
           a
           
             Mannour
          
           or
           a
           
             Tenure
          
           in
           his
           proper
           nature
           or
           Common-Law
           ,
           and
           
           what
           in
           respect
           of
           Usage
           or
           Custome
           to
           maintaine
           Coppy-holders
           .
        
         
           It
           is
           to
           bee
           noted
           ,
           that
           although
           a
           
             Mannour
          
           of
           his
           proper
           ought
           to
           consist
           of
           demeanes
           and
           services
           ,
           yet
           in
           some
           cases
           that
           may
           bee
           a
           Manour
           ,
           and
           maintaine
           Coppy-holders
           ,
           and
           a
           Court
           Baron
           ,
           by
           usage
           and
           custome
           ,
           which
           otherwise
           by
           Common
           Law
           is
           no
           Manour
           ,
           nor
           cannot
           so
           be
           called
           ,
           &c.
           
        
         
           A
           man
           seized
           of
           a
           Manour
           ,
           whereunto
           bee
           divers
           free
           Tenants
           ,
           divers
           Coppy-holders
           ,
           and
           divers
           speciall
           Customary
           Tenants
           ,
           and
           the
           Customary
           Tenants
           ,
           do
           hold
           to
           give
           atendance
           on
           the
           Free
           holders
           at
           the
           Lords
           Court.
           All
           the
           Free
           Tenants
           dye
           saving
           one
           ,
           the
           Lord
           doth
           bargain
           and
           sell
           the
           Manour
           to
           an
           Estranger
           ▪
           This
           is
           now
           in
           respect
           of
           the
           Free
           
             Tenements
             ,
          
           a
           
             Tenure
             ,
          
           and
           no
           Manour
           ,
           in
           respect
           of
           the
           Coppy-holders
           ,
           both
           a
           
             Manour
             ,
          
           and
           
             Tenure
             ,
          
           and
           in
           respect
           of
           the
           
             Customary
             Tenements
             ,
          
           neither
           
             Manour
             ,
          
           nor
           
             Tenure
             .
          
        
         
           If
           divers
           do
           hold
           Lands
           ,
           to
           dine
           with
           the
           Lord
           every
           Sunday
           in
           the
           yeare
           ;
           this
           maketh
           neither
           good
           
             Tenure
             ,
          
           nor
           
             Manour
             .
          
        
         
         
           But
           if
           they
           hold
           to
           wait
           on
           the
           Lord
           every
           Sunday
           at
           dinner
           ,
           and
           to
           dine
           with
           him
           ;
           this
           maketh
           a
           good
           service
           ,
           but
           no
           good
           
             Tenure
             .
          
        
         
           If
           divers
           doe
           hold
           Lands
           by
           
             Coppy
          
           of
           the
           
             Mannour
          
           of
           D.
           and
           so
           have
           done
           time
           out
           of
           minde
           ,
           and
           by
           the
           like
           time
           there
           hath
           beene
           no
           Free
           holders
           to
           the
           said
           Mannour
           ,
           Although
           this
           be
           no
           
             Mannour
          
           in
           his
           proper
           nature
           ,
           yet
           by
           usage
           it
           is
           a
           good
           
             Mannour
          
           to
           maintaine
           
             Coppy-holds
             .
          
        
         
           A
           man
           seised
           of
           a
           
             Mannour
             ,
          
           which
           time
           out
           of
           minde
           hath
           beene
           called
           by
           the
           name
           of
           the
           
             Manour
          
           of
           S.
           and
           doth
           demise
           the
           same
           by
           the
           name
           of
           the
           
             Mannour
          
           of
           S.
           this
           is
           good
           .
        
         
           If
           a
           man
           seised
           of
           a
           
             Mannour
             ,
          
           whereto
           be
           six
           Free
           holders
           ,
           and
           six
           Villaines
           Regardants
           :
           The
           sixe
           Free
           holders
           dye
           having
           Issue
           sixe
           daughters
           ,
           the
           Villaines
           enterrary
           with
           them
           ,
           yet
           the
           same
           is
           a
           
             Mannour
             ,
          
           and
           the
           villaines
           thereto
           regardant
           .
        
         
           If
           a
           man
           seised
           of
           a
           
             Mannour
             ,
          
           whereto
           hee
           hath
           Leet
           ,
           and
           wrecke
           of
           the
           sea
           by
           prescription
           ,
           all
           the
           
             Tenancyes
          
           Escheate
           ,
           yet
           the
           Leete
           and
           the
           wrecke
           still
           remaine
           ,
           and
           it
           is
           a
           
             Mannour
          
           to
           that
           purpose
           .
        
         
         
           If
           divers
           doe
           hold
           Lands
           by
           prescription
           to
           finde
           the
           Lords
           mans
           meat
           ,
           and
           hounds
           meat
           ,
           when
           hee
           commeth
           to
           hunt
           the
           Fox
           in
           the
           said
           Lands
           ;
           this
           maketh
           a
           good
           Tenure
           ,
           but
           no
           good
           
             Mannour
             :
          
           If
           divers
           do
           hold
           Lands
           to
           doe
           suit
           and
           service
           at
           the
           Lords
           
             Court
             ,
          
           This
           is
           most
           properly
           such
           service
           as
           maketh
           a
           
             Mannour
             :
          
           but
           if
           it
           be
           to
           doe
           suit
           and
           service
           at
           the
           Lords
           
             Couri
             ,
          
           when
           it
           pleaseth
           themselves
           ,
           this
           is
           neither
           
             Mannour
          
           nor
           
             Tenure
             .
          
           If
           divers
           doe
           hold
           Lands
           to
           repaire
           a
           High
           way
           within
           a
           mile
           compasse
           ,
           without
           the
           bounds
           of
           the
           Lord
           of
           the
           
             Mannour
             ,
          
           this
           makes
           a
           good
           
             Tenure
             ,
          
           but
           no
           
             Mannour
             .
          
           But
           to
           repayre
           or
           mend
           the
           wayes
           within
           the
           Precinct
           of
           the
           
             Mannour
             ,
          
           is
           good
           to
           enlarge
           the
           
             Mannour
             .
          
        
         
           If
           divers
           doe
           hold
           Lands
           to
           pray
           for
           the
           prosperous
           Estate
           of
           the
           Lord
           and
           his
           Heires
           ;
           this
           maketh
           a
           
             Tenure
             ,
          
           but
           no
           good
           
             Mannour
             .
          
        
         
           If
           divers
           doe
           hold
           Lands
           of
           the
           Lord
           to
           wayte
           upon
           him
           at
           twenty
           dayes
           warning
           ,
           twenty
           miles
           distant
           from
           the
           
             Mannour
             ,
          
           this
           maketh
           a
           good
           Service
           ,
           but
           no
           good
           
             Tenure
             .
          
           But
           if
           it
           be
           to
           wayte
           upon
           the
           Lord
           within
           the
           sayd
           
             Mannour
             ,
          
           by
           certayne
           space
           ,
           
           this
           maketh
           both
           a
           good
           
             Tenure
             ,
          
           and
           a
           good
           
             Mannour
             .
          
        
         
           If
           divers
           holde
           Lands
           to
           beate
           or
           kill
           the
           Lords
           Tenants
           that
           shall
           doe
           Trespasse
           on
           the
           Lords
           
             Demeasnes
             ,
          
           this
           is
           neyther
           good
           
             Tenure
          
           nor
           good
           
             Mannour
             .
          
           But
           if
           it
           be
           to
           beate
           and
           kill
           the
           Kings
           enemies
           ,
           that
           shall
           doe
           so
           ,
           this
           maketh
           both
           a
           good
           
             Tenure
             ,
          
           and
           a
           good
           
             Mannour
             .
          
        
         
           If
           Divers
           hold
           Lands
           by
           Prescription
           to
           do
           Service
           to
           the
           Lord
           ,
           to
           his
           Court
           of
           the
           sayd
           
             Mannour
             ,
          
           twenty
           miles
           distant
           at
           a
           place
           certaine
           .
           This
           is
           both
           a
           good
           
             Tenure
          
           and
           a
           good
           
             Mannour
             .
          
           But
           if
           it
           be
           to
           do
           Service
           to
           his
           Court
           at
           another
           
             Mannour
             ,
          
           this
           without
           Prescription
           ,
           cannot
           be
           severance
           from
           the
           first
           
             Mannour
             .
          
        
         
           If
           Divers
           doe
           hold
           to
           come
           to
           the
           Lords
           Court
           ,
           and
           there
           to
           doe
           nothing
           ,
           this
           maketh
           neither
           good
           
             Tenure
          
           nor
           good
           
             Mannour
             .
          
           But
           to
           come
           to
           the
           Court
           ,
           though
           not
           to
           be
           of
           the
           Homage
           ;
           yet
           to
           offer
           
             Amersements
             ,
          
           or
           make
           
             Certificates
             ,
          
           or
           any
           other
           Service
           to
           the
           Lord
           ,
           this
           maketh
           a
           good
           
             Tenure
          
           and
           a
           
             Mannour
             .
          
        
         
           If
           any
           do
           hold
           Lands
           to
           do
           Divine
           Service
           
           before
           the
           Lord
           and
           his
           Tenants
           in
           the
           Court-house
           ,
           before
           the
           beginning
           of
           every
           Court
           ,
           this
           maketh
           both
           a
           good
           
             Tenure
          
           and
           a
           good
           
             Mannour
             .
             What
             shall
             be
             sayd
             ,
             a
             good
             Custome
             to
             be
             able
             to
             maintaine
             Coppy-holds
             .
          
        
         
           A
           Custome
           to
           make
           a
           Coppy-hold
           ,
           must
           be
           of
           necessity
           in
           the
           same
           
             Mannour
             ,
          
           where
           the
           sayd
           Coppy-holds
           are
           so
           granted
           ,
           
             viz.
          
           That
           the
           same
           Lands
           are
           ,
           and
           time
           out
           of
           minde
           haue
           beene
           onely
           Demised
           and
           Demisable
           by
           Coppy
           of
           Court
           Role
           :
           for
           otherwise
           the
           Lord
           cannot
           grant
           it
           by
           Coppy
           ,
           because
           hee
           cannot
           beginne
           a
           Custome
           at
           this
           Day
           .
           But
           if
           it
           have
           beene
           by
           like
           time
           granted
           by
           Coppy
           ,
           though
           sithence
           it
           came
           to
           the
           Lords
           hands
           ;
           yet
           if
           the
           Lord
           never
           
             Demise
          
           the
           same
           by
           
             Free
             Deede
          
           nor
           otherwise
           ,
           but
           by
           Coppy
           ,
           then
           he
           may
           well
           grant
           agayne
           the
           same
           by
           
             Coppy
             ,
          
           for
           it
           is
           neyther
           the
           person
           of
           the
           Lord
           ,
           nor
           the
           occupation
           of
           the
           Land
           ,
           that
           eyther
           maketh
           or
           marreth
           the
           
             Coppy-hold
             .
          
           But
           onely
           the
           usage
           and
           manner
           of
           
             Demising
          
           the
           same
           ,
           for
           the
           prescription
           of
           a
           
             Coppy-holder
          
           consisteth
           neither
           in
           the
           Land
           ,
           nor
           in
           the
           Occupier
           ,
           but
           onely
           in
           the
           Usage
           of
           the
           
             Demising
             .
          
        
      
       
         
         
           THE
           DIVISION
           OF
           CVSTOMES
           .
        
         
           viz.
           
           
             
               Customes
               .
            
             
               Prescriptions
               .
            
             
               Vsage
               ,
               
                 and
              
            
             
               Limitation
               .
            
          
        
         
           THese
           foure
           though
           they
           be
           in
           some
           confounded
           
           together
           ,
           and
           indeede
           are
           of
           great
           Affinity
           ;
           yet
           there
           be
           divers
           differences
           in
           their
           severall
           natures
           betweene
           them
           .
        
         
           
             Custome
          
           is
           where
           by
           continuance
           of
           time
           ,
           a
           Right
           is
           obtayned
           concerning
           divers
           persons
           in
           common
           .
        
         
           
             Prescription
          
           is
           where
           by
           continuance
           of
           time
           one
           particular
           person
           obtayneth
           Right
           against
           an
           other
           .
        
         
           
             Vsage
          
           is
           by
           continuance
           of
           time
           the
           efficient
           cause
           of
           them
           both
           .
        
         
         
           Limitation
           is
           where
           a
           right
           may
           be
           obtained
           ,
           by
           reason
           of
           a
           
             non
          
           claime
           ,
           by
           the
           space
           of
           a
           certaine
           number
           of
           yeares
           ,
           differing
           in
           the
           Accoumpt
           of
           time
           ,
           from
           custome
           and
           prescription
           .
        
         
           But
           what
           measure
           of
           time
           shall
           make
           a
           Custome
           ;
           divers
           have
           differed
           in
           opinion
           ;
           some
           judging
           the
           same
           to
           bee
           according
           to
           the
           Computation
           of
           yeares
           ,
           from
           the
           time
           of
           K.
           
             Ed.
          
           1.
           untill
           the
           Statute
           of
           M.
           1.
           which
           appointeth
           the
           limitation
           in
           a
           writ
           of
           right
           :
           The
           accompt
           of
           which
           time
           unto
           the
           said
           Statute
           ,
           from
           the
           said
           K.
           time
           is
           76.
           yeares
           ,
           others
           have
           thought
           a
           hundred
           years
           maketh
           a
           prescription
           ,
           because
           in
           old
           time
           an
           hundred
           yeares
           was
           accompted
           a
           Fee
           simple
           .
        
         
           But
           the
           true
           measure
           thereof
           according
           to
           Master
           
             Littletons
          
           Rule
           ,
           is
           where
           a
           Custome
           ,
           or
           Usage
           ,
           or
           other
           things
           have
           beene
           used
           ,
           so
           long
           as
           mans
           memory
           cannot
           remember
           the
           contrary
           .
           That
           is
           ,
           when
           such
           matter
           is
           pleaded
           ,
           that
           no
           man
           then
           in
           life
           ,
           hath
           not
           heard
           any
           thing
           ,
           nor
           know
           any
           proofe
           to
           the
           contrary
           .
        
         
           And
           by
           this
           it
           appeareth
           that
           
             Customes
             ,
          
           and
           prescriptions
           ,
           resteth
           onely
           in
           the
           memory
           
           of
           man
           ,
           &
           limitation
           consisteth
           onely
           of
           a
           certaine
           time
           ,
           which
           hath
           a
           certain
           beginning
           and
           of
           certaine
           ending
           ,
           and
           is
           not
           directed
           by
           mans
           memory
           ,
           wherein
           is
           ment
           limitation
           of
           time
           ,
           and
           not
           limitation
           of
           estates
           .
        
         
           If
           Lands
           have
           been
           demised
           by
           Coppy
           by
           the
           space
           of
           60.
           yeares
           ,
           and
           yet
           there
           be
           some
           alive
           ,
           that
           remembreth
           the
           same
           occupied
           by
           Indenture
           ,
           this
           is
           not
           a
           good
           Coppy-hold
           .
        
         
           And
           if
           Lands
           have
           beene
           demised
           by
           Coppy
           but
           40
           yeares
           ,
           and
           there
           is
           none
           alive
           that
           can
           remember
           the
           same
           to
           bee
           otherwise
           demised
           :
           This
           is
           a
           good
           Coppy-hold
           ,
           for
           the
           number
           of
           yeares
           makes
           not
           the
           matter
           ,
           but
           the
           memory
           of
           man.
           And
           it
           is
           not
           60.
           80.
           or
           100
           yeares
           that
           maketh
           a
           Coppyhold
           or
           a
           custome
           ,
           though
           it
           makes
           a
           limitation
           .
           But
           such
           certaine
           number
           of
           yeares
           makes
           onely
           a
           likely-hood
           ,
           or
           presumption
           of
           a
           prescription
           ;
           that
           is
           ,
           that
           it
           commonly
           happeneth
           not
           that
           any
           mans
           memory
           alive
           ,
           can
           remember
           alone
           such
           a
           number
           of
           yeares
           .
           But
           if
           any
           chance
           to
           be
           alive
           ,
           that
           remembreth
           the
           contrary
           ,
           then
           such
           prescription
           must
           give
           place
           to
           such
           proofe
           .
        
         
           Custome
           hath
           certaine
           speciall
           vertues
           in
           
           it selfe
           ;
           which
           for
           the
           more
           estimation
           thereof
           ,
           I
           will
           shortly
           shew
           according
           to
           certaine
           precepts
           and
           principals
           allowed
           by
           al
           Lawes
           ,
           both
           by
           the
           Law
           of
           God
           ,
           the
           Law
           of
           of
           Nature
           ,
           and
           the
           Law
           of
           Nations
           ,
           and
           by
           the
           private
           Law
           of
           every
           Countrey
           :
           as
           by
           the
           Law
           of
           GOD
           it
           is
           said
           :
           
             Si
             quis
             videtur
             contentiosus
             esse
             nos
             eiusmode
             Consuetudinē
             non
             habemus
             ,
             nec
             ecclesia
             Dei
             ,
          
           which
           proveth
           that
           the
           Scripture
           ,
           and
           the
           Church
           of
           God
           do
           atribute
           some
           what
           to
           good
           customes
           ,
           though
           not
           to
           evill
           :
           And
           by
           the
           Law
           of
           Nature
           ,
           
             Consuetudo
             est
             altera
             natura
             .
          
           And
           by
           the
           Law
           of
           Nations
           ,
           
             Consuetudo
             est
             optima
             legum
             interpres
             .
          
           And
           by
           the
           Lawes
           of
           this
           Realme
           ,
           Princes
           at
           their
           Coronation
           are
           sworne
           ,
           as
           well
           to
           keepe
           the
           custome
           of
           this
           Land
           ,
           as
           the
           Lawes
           of
           this
           Land
           ,
           which
           Law
           doth
           attribute
           so
           much
           to
           custome
           ,
           that
           sometimes
           it
           is
           admitted
           to
           derogate
           from
           the
           Custome
           Law
           ,
           for
           
             Consuetudo
             bona
             de
             clausausitata
             et
             approbata
             ,
             privat
             Communem
             Legem
             .
          
        
      
       
         
         
           WHEREOF
           CVSTOME
           
             doth
             Consist
             .
          
        
         
           CUstome
           although
           it
           doth
           chiefly
           consist
           of
           continuance
           of
           time
           and
           usage
           ,
           yet
           it
           doth
           further
           require
           seven
           other
           necessary
           properties
           ,
           accident
           for
           the
           maintenance
           of
           a
           good
           Custome
           :
           Which
           are
           these
           .
        
         
           FIrst
           ,
           it
           must
           be
           reasonable
           ,
           as
           it
           appeareth
           
           2.
           
           
             Ed.
          
           4.
           24.
           
        
         
           SEcondly
           ,
           it
           must
           be
           certaine
           ,
           as
           appeareth
           
           3.
           
           
             Ed.
             3.
             13.
             
             Ed.
          
           3.
           4.
           
        
         
           
             Dum
             fuit
             infra
             aetatem
             .
             3.
             14.
             
             Ed.
             3.
             4.
             14.
             
             H.
          
           4.
           
        
         
           THirdly
           ,
           it
           must
           bee
           according
           to
           Common
           
           right
           .
           42.
           
           
             Ed.
          
           3.
           4.
           
        
         
           FOurthly
           ,
           it
           must
           bee
           on
           good
           consideration
           .
           
           5.
           
           
             Hen.
             7.
             9.
             42.
             
             Ed.
          
           3.
           
        
         
           FIftly
           ,
           it
           must
           bee
           compulsary
           :
           42.
           
           
             Ed.
          
           3.
           
           
           Avow
           66.
           
        
         
         
           SIxtly
           ,
           it
           must
           be
           without
           prejudice
           to
           the
           King.
           3.
           
           
             Hen.
          
           6.
           
           Custome
           
             Fits.
             Hen.
             2.
             22.
             
             Ed.
          
           3.
           
           Prescription
           .
           40.
           
        
         
           SEventhly
           ,
           it
           must
           bee
           to
           his
           profit
           that
           claimeth
           the
           same
           .
           31.
           
           
             Ed.
          
           3.
           
           Prescription
           40.
           
             et
          
           28.
           
        
         
           Usage
           is
           the
           efficient
           cause
           ,
           both
           of
           Custome
           and
           Prescription
           ;
           for
           without
           usage
           ,
           there
           can
           bee
           neither
           
             Custome
          
           or
           Prescription
           ,
           for
           even
           as
           the
           minde
           is
           to
           man
           ,
           so
           is
           usage
           to
           
             Custome
             .
          
           And
           as
           you
           see
           there
           bee
           divers
           varietyes
           of
           mindes
           in
           men
           ,
           so
           are
           there
           many
           varieties
           of
           
             Customes
          
           as
           you
           see
           varieties
           of
           Countries
           ,
           and
           yet
           all
           men
           perfect
           ,
           and
           all
           
             Customes
          
           perfect
           :
           some
           say
           that
           have
           their
           mindes
           affected
           according
           to
           the
           Constitution
           of
           their
           bodies
           :
           And
           so
           have
           
             Countries
          
           their
           
             Customes
             ,
          
           according
           to
           the
           
             Constitution
          
           of
           the
           place
           ;
           as
           in
           
             Kent
             ,
          
           and
           in
           North
           
             Wales
             ,
          
           because
           those
           
             Countries
          
           have
           beene
           most
           subject
           to
           forraigne
           invasions
           ,
           that
           euery
           man
           there
           ,
           may
           bee
           of
           power
           for
           resistance
           .
           The
           inheritance
           for
           the
           most
           part
           descend
           in
           gavell
           kind
           
             (
             viz.
             )
          
           to
           every
           brother
           alike
           ,
           and
           in
           other
           middle
           parts
           of
           the
           Realme
           for
           whom
           government
           .
           
             Least
             equalty
             is
             best
             .
          
        
         
         
           The
           inheritance
           wholy
           descendeth
           to
           the
           eldest
           brother
           :
           And
           in
           
             Borough
          
           English
           which
           is
           in
           divers
           
             Boroughs
             ,
          
           because
           their
           substance
           commonly
           is
           Lands
           ,
           and
           in
           such
           Townes
           ,
           Lands
           may
           bee
           the
           better
           preserved
           then
           goods
           ,
           therefore
           their
           youngest
           sonnes
           shal
           onely
           have
           their
           Lands
           ,
           and
           as
           it
           is
           in
           those
           great
           parts
           of
           the
           Realme
           ,
           so
           it
           is
           in
           divers
           private
           parts
           and
           Mannours
           ,
           and
           divers
           private
           and
           special
           customes
           .
           As
           some
           Mannours
           have
           Coppy-hold
           of
           inheritance
           ,
           some
           for
           life
           ,
           or
           liues
           :
           in
           some
           Manour
           the
           Copy-holders
           surender
           in
           one
           manner
           ,
           and
           in
           some
           in
           an
           other
           sort
           :
           In
           some
           the
           Fine
           is
           Arbitrable
           :
           And
           in
           some
           Certaine
           ,
           
             et
             sic
             in
             similibus
             .
          
        
         
           The
           usage
           of
           every
           Custome
           doth
           not
           rest
           to
           be
           yearely
           ,
           daily
           ,
           or
           continually
           used
           ,
           but
           as
           the
           equality
           ,
           and
           the
           nature
           of
           the
           thing
           whereof
           the
           Custome
           is
           ,
           doth
           require
           ,
           as
           Custome
           
             Harryots
          
           when
           they
           fall
           ,
           of
           Shacts
           and
           Foldage
           ,
           in
           their
           season
           of
           Common
           Estovers
           in
           their
           time
           ,
           and
           for
           Coppy-holders
           ,
           whose
           Fines
           are
           certaine
           ,
           yet
           at
           one
           time
           to
           pay
           a
           greater
           Fine
           then
           at
           an
           other
           ,
           and
           all
           these
           are
           good
           Customes
           ,
           though
           they
           cannot
           bee
           used
           at
           all
           times
           ,
           for
           Customes
           may
           bee
           sometimes
           used
           ,
           sometimes
           
           not
           used
           ,
           sometimes
           altered
           ,
           and
           sometimes
           not
           ,
           and
           therefore
           in
           
             Custome
          
           you
           may
           see
           there
           is
           
             (
             user
             ,
             non
             user
             )
          
           Abuser
           and
           interuser
           .
        
         
           User
           is
           ,
           when
           according
           to
           time
           and
           occasion
           a
           
             Custome
          
           is
           used
           .
        
         
           Non
           user
           is
           when
           for
           want
           of
           time
           and
           occasionor
           ,
           through
           negligence
           ,
           or
           forgetfulnesse
           a
           
             Custome
          
           is
           not
           used
           .
        
         
           Abuser
           is
           that
           ,
           which
           user
           doth
           nourish
           ,
           a
           
             Custome
          
           and
           non
           abuser
           tolerate
           a
           
             Custome
             ,
          
           so
           doth
           abuser
           destroy
           a
           
             Custome
             ,
          
           and
           yet
           in
           some
           cases
           ,
           a
           
             Custome
          
           may
           bee
           sometimes
           used
           in
           one
           sort
           ,
           and
           sometimes
           in
           an
           other
           .
           And
           yet
           a
           good
           
             Custome
             ,
          
           if
           there
           bee
           good
           considerations
           of
           the
           exchanging
           thereof
           all
           times
           ,
           and
           this
           I
           call
           enteruser
           .
        
         
           If
           there
           be
           a
           
             Coppy-hold
             ,
          
           of
           an
           Ancient
           demeasne
           ,
           and
           this
           Land
           is
           forfeited
           to
           the
           Lord
           by
           waste
           ,
           and
           thereupon
           a
           seisure
           awarded
           thereof
           ,
           and
           yet
           the
           Lord
           doth
           suffer
           the
           Tennant
           still
           to
           occupy
           it
           ,
           by
           the
           space
           of
           20.
           yeares
           ,
           without
           receiving
           any
           rent
           for
           the
           same
           ,
           and
           after
           grants
           the
           said
           Land
           
           to
           the
           Tennant
           by
           
             Coppy
             .
          
           This
           grant
           is
           good
           and
           a
           good
           User
           of
           the
           
             Coppy
             hold
             .
          
           But
           if
           after
           the
           said
           
             seasure
          
           awarded
           ,
           an
           
             Estranger
          
           had
           entred
           and
           Disseised
           him
           of
           his
           Land
           ,
           and
           made
           a
           
             Feofment
          
           in
           
             Fee
          
           thereof
           ;
           And
           after
           the
           Lord
           re-entreth
           ,
           and
           grants
           the
           same
           againe
           by
           Coppy
           unto
           the
           first
           Tenant
           ,
           this
           grant
           is
           not
           good
           ,
           by
           reason
           of
           the
           User
           of
           this
           Land.
           
        
         
           If
           the
           Lord
           have
           used
           at
           the
           admission
           of
           his
           
             Coppy-hold
             Tenants
             ,
          
           sometime
           to
           take
           for
           a
           Fine
           two-pence
           ,
           or
           sometimes
           fourepence
           for
           an
           Acre
           ,
           somtimes
           twelve
           pence
           an
           Acre
           ,
           this
           User
           is
           so
           uncertaine
           ,
           that
           it
           maketh
           the
           Fine
           arbitrable
           at
           the
           Lords
           will.
           
        
         
           If
           the
           Lord
           of
           a
           
             Mannour
          
           have
           used
           time
           out
           of
           minde
           ,
           to
           admit
           his
           
             Coppy-hold
             Tenants
          
           without
           Fine
           ,
           this
           usage
           shall
           binde
           the
           Lord
           ,
           as
           well
           as
           a
           Fine
           certaine
           .
        
         
           If
           the
           Lord
           have
           used
           to
           have
           certaine
           work-dayes
           of
           his
           Tenants
           ,
           and
           that
           hath
           not
           been
           used
           by
           the
           space
           of
           twenty
           yeares
           last
           past
           ;
           yet
           that
           
             Non-user
          
           is
           no
           discharge
           to
           the
           
             Tenants
             ,
          
           so
           that
           there
           be
           any
           in
           life
           that
           can
           remember
           the
           same
           .
        
         
           If
           the
           Tenants
           have
           used
           when
           they
           sow
           their
           Lands
           ,
           to
           pay
           the
           Lord
           Rent-corne
           ,
           and
           when
           it
           lyeth
           in
           Pasture
           ,
           to
           pay
           their
           Rents
           in
           Money
           ,
           this
           is
           a
           good
           Inter-user
           .
        
         
         
           If
           the
           Tenants
           have
           used
           to
           pay
           to
           their
           Lord
           every
           fourth
           yeare
           a
           double
           Rent
           ,
           and
           every
           sixt
           yeare
           an
           halfe
           Rent
           ,
           this
           is
           a
           good
           Inter-user
           .
        
         
           If
           the
           Tenants
           have
           used
           to
           have
           Common
           of
           Pasture
           in
           their
           Lords
           Woods
           ,
           for
           their
           Horse-Cattle
           ,
           and
           they
           put
           in
           their
           Neate-Cattle
           ,
           and
           destroy
           the
           Woods
           ,
           this
           is
           an
           abuser
           .
           But
           yet
           it
           is
           but
           Fineable
           ,
           and
           no
           Forfeiture
           of
           the
           
             Common
             ,
          
           which
           they
           might
           have
           rightfully
           used
           :
           No
           more
           then
           if
           they
           have
           
             Common
          
           for
           a
           certaine
           number
           of
           Beasts
           in
           the
           Lords
           Soyle
           ;
           and
           they
           will
           exceed
           the
           number
           ;
           this
           abuse
           by
           their
           Surcharging
           ,
           is
           onely
           fineable
           ,
           and
           no
           Forfeiture
           .
        
         
           If
           a
           man
           have
           a
           Market
           to
           be
           used
           one
           Day
           in
           a
           Weeke
           ,
           the
           
             Non-user
          
           thereof
           is
           not
           forfeiture
           .
           And
           if
           a
           man
           have
           a
           Market
           to
           be
           used
           on
           the
           
             Fryday
             ,
          
           and
           hee
           keepeth
           the
           same
           
             Fryday
          
           and
           
             Munday
             ,
          
           the
           Mis-user
           of
           the
           
             Munday
          
           is
           no
           forfeiture
           of
           the
           
             Fryday
             .
          
        
         
           If
           a
           Man
           have
           a
           faire
           to
           be
           used
           two
           day
           and
           he
           keepes
           it
           three
           dayes
           ,
           this
           abuser
           is
           a
           Forfeiture
           .
        
         
           If
           a
           man
           have
           a
           Faire
           for
           one
           Day
           ,
           and
           hee
           
           will
           keepe
           it
           two
           dayes
           ,
           and
           that
           is
           presented
           in
           the
           
             Exchequer
             :
          
           If
           the
           party
           being
           called
           by
           
             Processe
             ,
          
           do
           clayme
           both
           dayes
           by
           Patent
           ,
           upon
           sight
           whereof
           it
           appeares
           he
           ought
           to
           have
           but
           one
           day
           by
           his
           Patent
           ,
           and
           the
           other
           by
           Prescription
           ,
           though
           the
           Prescription
           be
           found
           against
           him
           ,
           and
           that
           Day
           lost
           ,
           yet
           he
           shall
           enjoy
           the
           other
           Day
           .
        
         
           If
           a
           Man
           prescribe
           to
           have
           a
           Faire
           yearely
           upon
           
             Bartholmew
             day
             ,
          
           and
           if
           the
           same
           doc
           fall
           out
           on
           the
           Sunday
           ,
           then
           to
           keepe
           the
           same
           the
           next
           Day
           following
           ,
           this
           is
           a
           good
           
             Prescription
             .
          
        
         
           If
           the
           King
           doe
           grant
           to
           the
           Citizens
           of
           
             Norwich
          
           the
           
             Franchises
          
           and
           
             Liberties
          
           that
           
             London
          
           hath
           ,
           and
           the
           
             Franchises
          
           and
           
             Liberties
          
           that
           
             Southampton
          
           hath
           :
           If
           the
           Citizens
           of
           
             Norwich
          
           doe
           abuse
           one
           of
           these
           
             Liberties
          
           that
           
             London
          
           hath
           ;
           this
           is
           a
           forfeiture
           of
           all
           those
           
             Liberties
          
           that
           
             London
          
           hath
           ,
           and
           of
           no
           other
           .
           But
           if
           the
           King
           doth
           Incorporate
           a
           Towne
           ,
           and
           giue
           them
           by
           the
           same
           Pattent
           Speciall
           
             Franchises
          
           and
           
             Liberties
             ,
          
           the
           abuser
           of
           the
           one
           of
           these
           ,
           is
           a
           forfeiture
           of
           them
           all
           .
        
      
       
         
         
           THAT
           EVERY
           CVSTOME
           must
           be
           reasonable
           ;
           and
           what
           shall
           be
           sayd
           ,
           
             A
             reasonable
             Custome
             .
          
        
         
           EVery
           good
           
             Custome
          
           is
           grounded
           upon
           good
           
             Reason
             ,
          
           and
           that
           shal
           bee
           sayd
           in
           
             Reason
          
           a
           good
           
             Custome
             ,
          
           that
           in
           reason
           is
           a
           good
           Law
           ;
           for
           
             Law
          
           and
           
             Custome
          
           be
           of
           that
           affinity
           ,
           as
           both
           doth
           allow
           like
           reason
           ,
           and
           both
           doth
           forbid
           like
           inconveniences
           .
           And
           the
           finall
           effect
           of
           both
           to
           Discusse
           and
           to
           discerne
           every
           mans
           true
           right
           ,
           and
           to
           give
           to
           every
           man
           that
           which
           is
           his
           owne
           .
           For
           although
           
             Custome
          
           in
           some
           cases
           differ
           from
           Law
           ,
           and
           doth
           admit
           execution
           of
           some
           Acts
           without
           some
           ceremonies
           and
           circumstances
           as
           be
           required
           by
           the
           Law
           :
           yet
           the
           end
           and
           effect
           of
           
             Custome
          
           is
           to
           maintayne
           the
           like
           reason
           that
           Law
           doth
           ,
           and
           to
           avoyde
           the
           like
           inconveniences
           .
        
         
           And
           therefore
           if
           a
           Lord
           will
           
             Prescribe
          
           to
           
           have
           such
           a
           
             Custome
          
           within
           his
           
             Mannour
             ,
          
           that
           if
           the
           
             Beasts
          
           of
           any
           of
           his
           
             Tenants
          
           do
           him
           any
           
             Transgresse
          
           upon
           any
           of
           his
           
             Demeasnes
             ,
          
           and
           there
           be
           taken
           
             damagefezant
             ,
          
           that
           then
           hee
           may
           detayne
           them
           untill
           the
           owner
           shall
           satisfie
           him
           for
           his
           harmes
           ,
           as
           himselfe
           shall
           require
           .
           This
           is
           no
           reasonable
           
             Custome
          
           that
           he
           should
           be
           his
           owne
           Judge
           .
           But
           to
           
             Prescribe
             ,
          
           that
           if
           any
           of
           the
           
             Coppy-holders
          
           Beasts
           
             transgresse
             ,
             &c.
             
          
           That
           the
           same
           be
           
             presented
          
           at
           his
           Court
           ,
           that
           there
           should
           be
           a
           forfeiture
           of
           his
           
             Coppy-hold
             ,
          
           this
           may
           be
           called
           a
           reasonable
           
             Custome
             .
          
        
         
           If
           
             Tenants
          
           of
           a
           
             Mannour
          
           will
           
             Prescribe
          
           to
           hold
           without
           paying
           any
           
             Rents
          
           or
           
             Services
          
           for
           their
           
             Coppy-holds
             ,
          
           this
           is
           no
           good
           
             Custome
             .
          
           But
           
             Prescribe
          
           to
           hold
           by
           
             Fealty
          
           for
           all
           manner
           of
           
             Services
             ,
          
           is
           good
           and
           reasonable
        
         
           If
           the
           Lord
           will
           
             Prescribe
          
           never
           to
           hold
           a
           Court
           ,
           but
           when
           it
           pleaseth
           himselfe
           ,
           this
           is
           not
           good
           .
           But
           to
           
             Prescribe
          
           never
           to
           hold
           a
           Court
           for
           the
           Speciall
           good
           of
           any
           one
           
             Tenant
             ,
          
           except
           the
           same
           
             Tenant
          
           will
           pay
           him
           a
           fine
           for
           the
           same
           ,
           is
           good
           and
           allowable
           .
        
      
       
         
         
           THAT
           EVERY
           CVSTOME
           ought
           to
           be
           certaine
           ;
           and
           what
           shal
           be
           sayd
           ,
           
             a
             Custome
             certayne
             .
          
        
         
           THere
           is
           nothing
           more
           required
           in
           all
           
             Lawes
          
           and
           
             Customes
             ,
          
           then
           certainty
           ;
           for
           incertainty
           in
           all
           
             cases
          
           maketh
           confusion
           ,
           and
           therefore
           
             Law
          
           and
           
             Custome
          
           doth
           also
           agree
           in
           this
           poynt
           ,
           that
           without
           some
           kinde
           of
           certainty
           ,
           neyther
           
             Law
          
           nor
           
             Custome
          
           can
           be
           good
           :
           for
           in
           divers
           
             cases
             ,
          
           where
           one
           thing
           may
           be
           taken
           to
           divers
           intents
           ,
           and
           the
           circumstances
           of
           the
           
             case
          
           such
           as
           to
           which
           intent
           the
           thing
           was
           done
           ,
           cannot
           be
           certainly
           judged
           ,
           there
           the
           same
           thing
           so
           doubtfully
           done
           ,
           shall
           to
           all
           purposes
           be
           judged
           voyde
           .
           And
           incertainty
           of
           
             Customes
          
           and
           
             customary
          
           causes
           ,
           grows
           chiefly
           three
           manner
           of
           wayes
           .
           That
           is
           to
           say
           ,
           sometimes
           of
           incertainty
           of
           the
           Persons
           :
           Sometime
           the
           incertainty
           of
           the
           things
           ,
           and
           sometimes
           the
           incertainty
           of
           the
           cause
           :
           and
           in
           some
           of
           these
           
             cases
             ,
          
           though
           there
           
           be
           at
           the
           first
           a
           Semblance
           of
           incertainety
           ;
           yet
           by
           Circumstances
           and
           Contingents
           ,
           the
           incertainties
           may
           be
           turned
           into
           Certainties
           .
           As
           if
           the
           Lord
           of
           the
           
             Mannour
          
           will
           
             prescribe
             ,
          
           that
           whensoever
           any
           of
           his
           
             Coppy-holders
          
           dye
           without
           Heires
           ,
           that
           one
           other
           of
           the
           
             Coppy-holders
          
           of
           the
           same
           
             Mannour
          
           shall
           Till
           the
           Land
           for
           the
           yeare
           following
           ;
           and
           therefore
           this
           is
           no
           good
           
             Custome
             ,
          
           because
           the
           intent
           neyther
           is
           ,
           nor
           can
           be
           certaine
           ,
           which
           of
           the
           
             Tenants
          
           shall
           performe
           this
           Service
           .
        
         
           But
           if
           the
           
             Custome
          
           be
           ,
           that
           if
           a
           
             Coppy-holder
          
           dye
           without
           Heire
           ,
           that
           then
           the
           eldest
           
             Tenant
          
           of
           that
           name
           ,
           of
           the
           sayd
           
             Mannour
             ,
          
           shall
           have
           this
           Land
           ;
           this
           is
           a
           good
           
             Custome
             ,
          
           and
           contayneth
           in
           it selfe
           sufficient
           certainty
           .
        
         
           If
           a
           
             Coppy-holder
          
           doe
           Surrender
           two
           Acres
           of
           Land
           into
           the
           Lords
           hand
           ,
           the
           one
           to
           the
           use
           of
           
             I.
             S.
          
           and
           the
           other
           to
           the
           use
           of
           
             I.
             N.
          
           and
           doth
           not
           name
           in
           certainty
           who
           shal
           have
           the
           one
           Acre
           ,
           and
           who
           shall
           have
           the
           other
           ,
           the
           limitation
           of
           this
           use
           is
           voyd
           ,
           for
           this
           incertainty
           .
        
         
           If
           a
           
             Coppy-hold
          
           be
           Surrendred
           to
           the
           use
           of
           
             I.
             S.
          
           and
           his
           Heires
           ,
           untill
           hee
           shall
           
           marry
           
             A.
             G.
          
           and
           after
           the
           sayd
           marriage
           ,
           then
           to
           the
           use
           of
           them
           two
           in
           taile
           speciall
           ,
           if
           after
           they
           doe
           marry
           ,
           then
           is
           the
           Surrender
           to
           them
           in
           taile
           ,
           and
           till
           then
           ,
           to
           him
           in
           Fee.
           
        
         
           If
           the
           Lord
           will
           
             prescribe
          
           to
           have
           of
           his
           Coppy-holders
           in
           the
           time
           of
           peace
           two-pence
           an
           Acre
           of
           Rent
           ,
           and
           in
           the
           time
           of
           Warre
           foure
           pence
           an
           Acre
           of
           Rent
           ,
           this
           is
           good
           
             Prescription
             ,
          
           because
           there
           is
           a
           good
           consideration
           of
           the
           cause
           of
           this
           incertainety
           :
           But
           to
           pay
           unto
           the
           Lord
           two-pence
           an
           Acre
           Rent
           when
           hee
           will
           ,
           and
           fourepence
           an
           Acre
           Rent
           when
           hee
           will
           ,
           this
           is
           no
           good
           
             Prescription
             ,
          
           because
           there
           is
           neyther
           good
           reason
           nor
           consideration
           heereof
           ,
           nor
           can
           it
           ever
           be
           reduced
           into
           any
           certainety
           .
        
      
       
         
         
           THAT
           CVSTOME
           MVST
           
             bee
             according
             to
             Common
             right
             :
          
           And
           what
           shall
           be
           said
           such
           a
           
             Custome
             ,
             and
             what
             not
             .
          
        
         
           CUstomes
           and
           Prescriptions
           ,
           must
           be
           according
           
           to
           Common
           right
           ,
           that
           is
           to
           prescribe
           ,
           that
           is
           to
           have
           such
           things
           as
           is
           their
           right
           ,
           and
           reasonto
           have
           ,
           and
           not
           by
           Custome
           of
           Prescription
           to
           claim
           things
           by
           way
           of
           extortion
           ,
           or
           thereby
           to
           exact
           Fines
           of
           other
           things
           of
           his
           Tenant
           without
           good
           cause
           ,
           or
           consideration
           .
        
         
           If
           the
           Lord
           will
           prescribe
           to
           have
           of
           every
           of
           his
           Coppy-holders
           ,
           for
           every
           
             Court
          
           that
           shall
           bee
           kept
           upon
           the
           Mannour
           a
           certaine
           sum
           of
           money
           ;
           this
           is
           no
           prescription
           according
           to
           common
           right
           ;
           because
           he
           ought
           for
           Justice
           sake
           to
           doe
           it
           gratis
           .
        
         
           And
           so
           it
           is
           if
           the
           Shriefe
           will
           prescribe
           
           to
           have
           a
           certaine
           Fee
           ,
           for
           keeping
           his
           Turne
           ,
           this
           is
           not
           a
           good
           prescription
           .
        
         
           But
           if
           the
           Lord
           will
           prescribe
           to
           have
           a
           certaine
           Fee
           of
           his
           Tennants
           for
           any
           extraordinary
           Court
           purchased
           ,
           onely
           for
           the
           benefit
           of
           one
           Tennant
           ,
           as
           for
           one
           Tennant
           to
           take
           his
           Coppy-hold
           ,
           or
           such
           like
           ,
           this
           is
           a
           good
           prescription
           according
           to
           the
           common
           right
           .
        
         
           If
           the
           Lord
           will
           have
           of
           any
           of
           his
           Tenants
           
           that
           shall
           commit
           a
           pound
           Breach
           ,
           a
           hundred
           shillings
           for
           a
           Fine
           ,
           this
           is
           good
           
             Prescription
             ,
          
           but
           to
           challenge
           of
           every
           stranger
           that
           shall
           commit
           a
           Pound
           Breach
           a
           hundred
           shillings
           ,
           this
           is
           no
           good
           prescription
           .
        
         
           If
           the
           Lord
           will
           
             Prescribe
          
           that
           every
           of
           his
           Coppyholders
           within
           his
           Mannour
           that
           shall
           marry
           his
           Daughter
           without
           licence
           shall
           pay
           a
           Fine
           to
           the
           Lord
           ;
           this
           is
           no
           good
           
             Prescription
          
           according
           to
           common
           right
           .
        
      
       
         
         
           THAT
           A
           CVSTOME
           must
           be
           upon
           a
           good
           Consideration
           ,
           and
           what
           shall
           bee
           
             said
             such
             a
             Custome
             ,
             and
             what
             not
             .
          
        
         
           COnsideration
           is
           a
           great
           effect
           in
           all
           Lawes
           and
           Customes
           ,
           and
           hath
           as
           great
           an
           an
           operation
           ,
           as
           any
           one
           thing
           belonging
           to
           the
           Law
           ,
           for
           in
           most
           causes
           it
           onely
           guideth
           and
           directeth
           Rights
           ,
           properties
           ,
           uses
           ,
           and
           estates
           ,
           sometimes
           according
           to
           the
           limitation
           ,
           and
           sometimes
           contrary
           to
           the
           limitation
           ,
           as
           well
           in
           cases
           of
           
             Custome
             ,
          
           as
           in
           cases
           of
           common
           Law
           ;
           for
           consideration
           is
           the
           beginning
           of
           all
           Custome
           ,
           the
           ground
           of
           all
           uses
           ,
           the
           reason
           of
           all
           rights
           ,
           and
           the
           cause
           of
           all
           duties
           :
           For
           without
           Consideration
           no
           Custome
           can
           have
           continuance
           ;
           nothing
           is
           wrought
           by
           any
           conveyance
           ,
           no
           interest
           transferred
           ,
           no
           right
           remooved
           ,
           no
           propertie
           changed
           ,
           nor
           duty
           accrewed
           .
           As
           if
           the
           Lord
           of
           a
           Mannour
           will
           prescribe
           ,
           that
           whosoever
           passeth
           the
           Kings
           high
           way
           ,
           which
           
           lyeth
           through
           his
           Mannour
           ,
           shall
           pay
           to
           the
           Lord
           of
           the
           Mannour
           twelve-pence
           for
           his
           passage
           .
           This
           prescription
           is
           not
           upon
           good
           Consideration
           :
           But
           if
           hee
           prescribe
           to
           have
           a
           penny
           of
           every
           one
           that
           passeth
           over
           such
           a
           Bridge
           ,
           which
           the
           Lord
           of
           the
           Mannour
           doth
           use
           to
           repaire
           ,
           this
           is
           good
           prescription
           upon
           good
           consideration
           .
           If
           the
           Lord
           will
           prescribe
           to
           have
           a
           Fine
           at
           the
           Marriage
           of
           his
           Copy-hold
           Tenants
           ,
           in
           which
           the
           Custome
           doth
           not
           admit
           the
           husband
           to
           bee
           Tenant
           by
           curtesie
           ,
           nor
           the
           Wife
           to
           be
           Tenant
           in
           Dowre
           ,
           or
           have
           her
           Widdowes
           estate
           ;
           the
           prescription
           of
           such
           a
           Fine
           is
           not
           good
           :
           But
           in
           such
           Mannour
           where
           the
           Custome
           doth
           admit
           such
           particular
           estates
           ,
           there
           a
           prescription
           for
           a
           Fine
           at
           the
           Marriage
           of
           his
           Coppy-holders
           ,
           is
           upon
           good
           consideration
           .
        
         
           If
           a
           Coppy-hold
           surrender
           his
           Land
           to
           the
           use
           of
           I.
           S.
           so
           long
           as
           I
           S.
           shall
           serve
           him
           in
           such
           an
           Office
           ;
           if
           I
           S.
           refuse
           to
           serve
           ,
           his
           estate
           doth
           cease
           .
        
         
           If
           a
           Coppy-holder
           doth
           surrender
           his
           Land
           to
           the
           use
           of
           a
           stranger
           ,
           in
           consideration
           that
           the
           same
           stranger
           shall
           marry
           his
           daughter
           before
           such
           a
           day
           ▪
           if
           the
           marriage
           
           succeeds
           not
           ,
           the
           stranger
           takes
           nothing
           by
           the
           Surrenderer
           :
           But
           if
           the
           Surrender
           bee
           in
           consideration
           ,
           that
           the
           stranger
           shall
           pay
           such
           summe
           of
           money
           ,
           at
           such
           a
           day
           ,
           though
           the
           money
           bee
           not
           payed
           ,
           yet
           the
           Surrenderer
           standeth
           good
           .
        
         
           If
           the
           Coppy-holder
           in
           consideration
           of
           twentie
           pounds
           to
           bee
           payd
           by
           I.
           S.
           doth
           make
           a
           Surrender
           of
           his
           Lands
           to
           N.
           R.
           this
           Surrender
           is
           to
           the
           use
           of
           I.
           S.
           because
           of
           the
           Consideration
           ,
           expressed
           in
           the
           Coppy
           ,
           and
           not
           to
           the
           use
           of
           N.
           R.
           But
           if
           in
           the
           Coppy
           the
           use
           be
           expressed
           to
           N.
           R.
           and
           no
           consideration
           mentioned
           ,
           the
           use
           expressed
           shall
           stand
           against
           any
           consideration
           to
           be
           averred
           .
        
      
       
         
         
           
             THAT
             A
             CVSTOME
             MVST
          
           be
           compulsary
           ;
           and
           what
           shall
           be
           said
           such
           a
           Custome
           ,
           and
           what
           not
           .
        
         
           CUstome
           or
           Law
           must
           be
           
             Compulsary
             ;
          
           and
           not
           at
           the
           liberty
           of
           a
           man
           ,
           whether
           he
           will
           performe
           it
           or
           not
           ;
           for
           then
           it
           were
           of
           no
           force
           ;
           for
           all
           Customes
           and
           Lawes
           have
           their
           effect
           in
           two
           poynts
           .
           That
           is
           ,
           in
           bidding
           that
           which
           is
           just
           ,
           and
           in
           forbidding
           the
           contrary
           :
           So
           that
           Lawes
           and
           Customes
           are
           refrainers
           of
           liberties
           ,
           and
           do
           demaund
           execution
           of
           Justice
           ;
           not
           that
           every
           man
           should
           have
           ,
           or
           doe
           what
           they
           would
           ;
           but
           that
           which
           by
           Justice
           they
           ought
           ,
           whereunto
           by
           duty
           of
           Law
           and
           Custome
           ,
           hee
           is
           compellable
           ;
           for
           otherwise
           it
           were
           Voluntary
           in
           him
           ,
           which
           were
           to
           the
           infringing
           of
           the
           Law
           and
           good
           order
           :
           As
           the
           Poets
           ,
        
         
           
             
               Oderunt
               peccare
               boni
               virtutis
               amore
               ,
            
             
               Oderunt
               peccare
               mali
               formidine
               poenae
               .
            
          
        
         
         
           If
           the
           Lord
           will
           
             prescribe
          
           that
           every
           of
           his
           Tenants
           shall
           give
           him
           ten
           shillings
           a
           moneth
           ,
           to
           beare
           charges
           in
           time
           of
           Warre
           ;
           this
           is
           no
           good
           
             Prescription
             .
          
           But
           to
           prescribe
           that
           they
           ought
           to
           pay
           ten
           shillings
           ,
           a
           moneth
           ,
           &c.
           this
           is
           good
           .
           For
           payment
           is
           
             compulsary
             ,
          
           but
           gift
           is
           
             Voluntary
             .
          
        
         
           If
           a
           Coppy-holder
           doe
           Surrender
           his
           Land
           to
           the
           use
           of
           
             S.
          
           so
           that
           the
           sayd
           
             I.
             S.
          
           do
           pay
           him
           twenty
           pounds
           at
           such
           a
           day
           .
           If
           
             I.
             S.
          
           please
           to
           pay
           the
           same
           ,
           this
           is
           an
           absolute
           Surrender
           and
           not
           conditionall
           ,
           because
           the
           
             compulsary
             .
          
        
         
           But
           many
           Customes
           there
           are
           which
           at
           the
           beginning
           were
           Voluntary
           ,
           and
           now
           by
           continuance
           are
           growne
           
             Compulsary
             .
          
           According
           to
           the
           Civill
           Law.
           
             Quae
             initio
             fuerunt
             voluntatis
             ,
             ex
             post
             fact
             fuerint
             necessitatis
             ;
          
           which
           also
           agreeth
           with
           the
           Common-Law
           in
           many
           
             cases
             ,
          
           as
           I
           have
           partly
           touched
           before
           .
        
      
       
         
         
           
             THAT
             A
             CVSTOME
             MVST
          
           be
           without
           preiudice
           to
           the
           King
           ,
           and
           by
           what
           prescription
           the
           King
           shall
           be
           bound
           ,
           and
           what
           not
           .
        
         
           THE
           King
           hath
           that
           Prerogative
           over
           his
           Subjects
           ,
           that
           hee
           is
           not
           tyed
           to
           time
           as
           a
           common
           person
           is
           ,
           for
           though
           a
           common
           person
           may
           
             loose
          
           his
           right
           by
           
             non
          
           claime
           within
           a
           certaine
           time
           ,
           the
           Kings
           right
           is
           still
           to
           be
           
             preserued
             ,
          
           for
           
             Nullum
             tempus
             occurrit
             Regi
             .
          
           Yet
           in
           
             speciall
             cases
          
           where
           the
           King
           is
           not
           Intituled
           agaynst
           such
           
             prescription
          
           by
           matter
           of
           Record
           ,
           there
           such
           Customes
           shall
           bind
           the
           King.
           
        
         
           As
           for
           example
           ,
           if
           a
           Coppy-holder
           
             prescribeth
          
           that
           he
           holdeth
           of
           the
           King
           by
           Coppy
           ,
           this
           is
           good
           ,
           and
           by
           fine
           certaine
           ,
           and
           not
           arbitrable
           :
           to
           have
           Waife
           and
           Strayes
           ,
           and
           Wrecke
           (
           but
           not
           
             Cattalla
             feloni
             fugitorum
             ,
             )
          
           and
           
             vtlagatorum
          
           without
           Charters
           .
        
         
           The
           Kings
           
             Advowson
          
           shall
           never
           fall
           into
           lapse
           for
           not
           
             presenting
          
           within
           sixe
           moneths
           .
        
      
       
         
         
           
             THAT
             A
             CVSTOME
             OVGHT
          
           to
           consist
           of
           perdurablenesse
           of
           Estate
           ,
           and
           of
           an
           able
           capacity
           .
        
         
           TO
           those
           former
           parts
           whereupon
           I
           have
           declared
           a
           good
           Custome
           to
           consist
           ,
           may
           be
           added
           to
           eyther
           parts
           ,
           
             viz.
          
           That
           he
           which
           will
           claime
           by
           Custome
           ,
           must
           have
           a
           sufficient
           and
           perdurable
           estate
           to
           
             prescribe
             ;
          
           and
           also
           in
           his
           owne
           right
           ,
           or
           in
           some
           others
           ,
           a
           sufficient
           ability
           or
           capacity
           to
           
             prescribe
             .
          
        
         
           Touching
           the
           first
           ,
           it
           is
           to
           be
           understood
           that
           hee
           which
           will
           
             prescribe
             ,
          
           must
           have
           a
           certaine
           and
           indefeazable
           estate
           ,
           and
           not
           otherwise
           .
           As
           if
           a
           
             Tenant
          
           at
           Will
           ,
           or
           at
           Sufferance
           ,
           after
           hee
           hath
           occupied
           the
           Land
           for
           ten
           yeares
           ,
           will
           
             prescribe
          
           to
           have
           the
           same
           for
           ten
           yeares
           ,
           this
           is
           not
           good
           .
           But
           a
           
             Tenant
          
           at
           Will
           after
           the
           Custome
           ,
           although
           he
           came
           in
           at
           the
           first
           by
           the
           Lords
           will
           ,
           yet
           doing
           and
           paying
           that
           which
           hee
           ought
           ,
           hee
           may
           
             prescribe
          
           to
           hold
           the
           Land
           whether
           the
           Lord
           will
           or
           no
           :
           And
           although
           a
           Coppy-holder
           may
           
             prescribe
          
           in
           this
           forme
           against
           his
           Lord
           ,
           
           yet
           against
           an
           Estranger
           ,
           for
           a
           common
           or
           such
           like
           kind
           of
           profit
           ,
           hee
           cannot
           
             prescribe
             ,
          
           b●t
           in
           the
           right
           of
           the
           Lord
           :
           neyther
           yet
           can
           a
           Tenant
           for
           life
           ,
           or
           for
           yeares
           ,
           
             prescribe
          
           in
           the
           right
           of
           their
           owne
           Estate
           onely
           ,
           because
           it
           lacketh
           continuance
           to
           make
           a
           
             custome
          
           or
           
             prescription
          
           (
           except
           )
           in
           some
           
             cases
          
           of
           necessity
           ,
           the
           Lord
           of
           a
           
             Mannour
             ,
          
           or
           of
           a
           Patronage
           for
           yeares
           or
           life
           ,
           may
           grant
           a
           Coppy
           in
           perpetuity
           or
           
             presentation
          
           for
           a
           longer
           time
           then
           the
           estate
           of
           the
           Grantor
           doth
           continue
           ,
           and
           this
           is
           admitted
           ,
           
             causa
             necessitatis
             ,
          
           and
           not
           
             Iure
             prescriptionis
             .
          
        
         
           To
           the
           second
           ,
           Capacity
           must
           be
           in
           himselfe
           that
           doth
           
             prescribe
             ;
          
           which
           Ability
           and
           Capacity
           must
           consist
           in
           the
           person
           of
           him
           that
           doth
           
             prescribe
             :
          
           For
           as
           
             prescription
          
           may
           be
           sometimes
           in
           respect
           of
           estate
           ,
           
             Mannour
             ,
             Lands
             ,
          
           or
           
             Offices
             ;
          
           so
           may
           
             prescription
          
           sometimes
           be
           in
           respect
           of
           
             person
             ,
          
           which
           
             person
          
           is
           not
           to
           be
           understood
           of
           a
           private
           person
           ;
           but
           of
           a
           body
           Politicke
           ,
           not
           that
           many
           
             persons
          
           may
           
             prescribe
             ,
          
           except
           the
           same
           be
           incorporate
           ;
           and
           to
           
             prescribe
          
           in
           respect
           of
           their
           incorporate
           Capacity
           ,
           and
           not
           in
           respect
           of
           their
           private
           Capacity
           .
           As
           if
           the
           Inhabitants
           of
           
             Dale
          
           will
           
             prescribe
          
           to
           have
           Common
           in
           the
           Soyle
           of
           S.
           this
           is
           no
           good
           
             prescription
             ;
          
           
           for
           that
           they
           be
           not
           Incorporate
           ,
           they
           must
           
             prescribe
          
           that
           
             H.
          
           Lord
           of
           the
           
             Mannour
          
           of
           
             Dale
             ,
          
           for
           him
           and
           his
           Tenans
           within
           the
           said
           
             Mannour
             ,
          
           have
           used
           to
           have
           Common
           within
           the
           sai
           Soyle
           :
           so
           is
           it
           for
           Coppy-holds
           ,
           for
           they
           must
           
             prescribe
          
           in
           the
           name
           of
           their
           Lord
           ,
           in
           such
           a
           
             case
             .
          
        
         
           If
           a
           man
           prescribe
           that
           hee
           and
           his
           Ancestors
           have
           had
           such
           an
           Annuity
           ,
           this
           is
           not
           good
           :
           But
           if
           a
           Bishop
           doe
           prescribe
           that
           hee
           and
           his
           predecessors
           have
           had
           such
           an
           annuity
           this
           is
           good
           .
        
         
           The
           pleading
           of
           
             Prescription
          
           must
           bee
           used
           in
           forme
           of
           Law
           ,
           as
           other
           matters
           that
           be
           pleadable
           ,
           and
           forme
           must
           be
           used
           (
           likewise
           )
           in
           pleading
           of
           Coppy-holds
           ,
           and
           other
           Customary
           Titles
           for
           avoyding
           of
           confusion
           and
           discord
           ,
           as
           well
           as
           in
           other
           cases
           of
           the
           Common
           Law
           ,
           the
           forme
           of
           pleading
           prescription
           doth
           differ
           as
           the
           quality
           of
           the
           thing
           ,
           whereof
           
             prescription
          
           is
           made
           ,
           and
           somtimes
           doth
           differ
           ,
           as
           the
           
             persons
          
           doe
           differ
           which
           make
           the
           
             prescription
             :
          
           As
           if
           a
           Coppy-holder
           makes
           his
           Title
           to
           his
           Land
           by
           
             prescription
             ;
          
           he
           must
           plead
           that
           the
           same
           Land
           is
           ,
           and
           hath
           bene
           time
           out
           of
           minde
           
             Demised
          
           and
           
             Demiseable
             ,
          
           by
           the
           Coppy
           of
           Court
           Role
           ;
           according
           to
           the
           custome
           of
           the
           
             Mannour
          
           wherof
           it
           is
           holden
           .
        
         
         
           If
           two
           men
           as
           yonger
           brethren
           will
           make
           their
           Title
           to
           Land
           in
           
             Gavell-kinde
             ,
          
           they
           must
           say
           ,
           that
           the
           same
           Land
           is
           of
           the
           
             Tenure
          
           and
           Nature
           of
           
             Gavell-kinde
             ,
          
           which
           time
           out
           of
           minde
           ,
           have
           bin
           parted
           and
           partable
           between
           Heires
           males
           .
        
         
           So
           if
           the
           yongest
           Sonne
           maketh
           his
           Title
           to
           Land
           in
           Borough
           English
           ,
           he
           must
           plead
           ,
           that
           time
           out
           of
           minde
           ,
           the
           
             Custome
          
           of
           the
           said
           
             Mannour
          
           hath
           bin
           ,
           that
           when
           ,
           or
           at
           what
           time
           soever
           ,
           a
           Coppy
           holder
           dyeth
           
             Seised
          
           of
           any
           Coppy-hold
           Lands
           in
           the
           same
           
             Mannour
             ,
          
           having
           divers
           Sonnes
           ,
           that
           the
           same
           hath
           used
           
             Iure
             Hereditario
             ,
          
           to
           descend
           unto
           the
           youngest
           Sonne
           ,
           &c.
           
        
         
           And
           as
           the
           forme
           doth
           differ
           in
           the
           things
           wherof
           the
           
             Prescription
          
           is
           commonly
           made
           ;
           so
           doth
           it
           differ
           as
           the
           Persons
           do
           differ
           ,
           which
           
             prescribe
          
           as
           a
           private
           person
           shall
           
             prescribe
          
           in
           him
           and
           his
           Ancestors
           ,
           whose
           estate
           he
           hath
           .
           An
           Incorporate
           person
           in
           him
           and
           his
           Predecessors
           .
           A
           Lord
           of
           a
           
             Mannour
          
           in
           him
           and
           them
           which
           were
           Lord
           of
           that
           
             Mannour
             .
          
        
         
           A
           Sheriffe
           ,
           in
           him
           and
           those
           which
           have
           beene
           Sheriffes
           of
           the
           same
           County
           .
        
         
           A
           Steward
           of
           a
           
             Mannour
          
           in
           him
           and
           those
           which
           have
           beene
           Stewards
           there
           .
        
         
         
           A
           Free
           holder
           in
           him
           and
           them
           which
           have
           beene
           Stewards
           to
           the
           said
           Lord.
           
        
         
           A
           Coppy-holder
           shall
           
             Prescribe
          
           against
           an
           Estranger
           ,
           that
           the
           Lord
           of
           the
           Mannour
           ,
           for
           him
           and
           his
           Tennants
           at
           will
           ,
           have
           used
           the
           like
           ,
           &c.
           
        
      
       
         
           
             WHAT
             NECESSITY
             A
          
           Court
           Baron
           is
           of
           ,
           whereof
           it
           doth
           Consist
           ,
           how
           it
           is
           defined
           ,
           and
           what
           shall
           bee
           said
           a
           sufficient
           Court
           Role
           to
           make
           a
           Coppy-hold
           .
        
         
           EVery
           Mauour
           hath
           a
           
             Court
          
           Baron
           incident
           to
           it
           ,
           of
           common
           right
           ,
           and
           common
           necessity
           ,
           and
           this
           
             Court
          
           Baron
           consisteth
           of
           foure
           speciall
           parts
           
             viz.
          
           The
           Lord
           ,
           the
           Steward
           ,
           the
           Tennants
           ,
           and
           the
           Bayliffe
           .
        
         
           A
           
             Court
          
           Baron
           is
           defined
           to
           bee
           an
           assemblie
           of
           these
           partes
           together
           ,
           within
           the
           
           said
           Mannour
           ,
           to
           take
           
             Councell
             ,
          
           care
           ,
           and
           enquire
           of
           causes
           concerning
           the
           same
           Mannour
           :
           to
           see
           justice
           duely
           executed
           ,
           the
           acts
           and
           ordinances
           there
           done
           to
           bee
           recorded
           in
           the
           Roles
           of
           the
           same
           
             Court
             ,
          
           which
           Roles
           are
           the
           evidence
           of
           all
           ordinances
           dutyes
           ,
           customes
           ,
           and
           conveyances
           ,
           the
           Lord
           and
           Tennants
           of
           the
           said
           Mannour
           ,
           and
           are
           to
           bee
           entred
           by
           the
           Steward
           or
           an
           Officer
           indifferent
           betweene
           the
           Lord
           and
           his
           Tennants
           ,
           and
           the
           same
           Roles
           to
           remaine
           with
           the
           Lord
           ,
           thereby
           to
           know
           his
           Tennants
           ,
           his
           Rents
           ,
           and
           his
           Fines
           ,
           his
           Customes
           ,
           and
           his
           services
           .
        
         
           And
           the
           particular
           grant
           of
           every
           
             Coppy-hold
             ,
          
           to
           bee
           coppyed
           out
           of
           the
           Roles
           ,
           the
           coppyes
           thereof
           to
           bee
           delivered
           to
           every
           particular
           Tennant
           ,
           neither
           can
           they
           make
           any
           other
           Title
           to
           their
           said
           Tennements
           ,
           but
           by
           their
           said
           
             Coppy
             .
          
        
         
           If
           the
           Lord
           of
           the
           Mannour
           having
           
             Coppy-hold
          
           Lands
           Surrendred
           into
           his
           hands
           ,
           will
           in
           the
           presence
           of
           his
           Tennants
           out
           of
           the
           
             Court
             ,
          
           grant
           the
           same
           to
           an
           other
           ,
           and
           the
           Steward
           entreth
           the
           same
           into
           the
           
             Court
          
           Booke
           ,
           and
           maketh
           thereof
           a
           
             Coppy
          
           to
           the
           
           grantee
           ,
           and
           the
           Lord
           dye
           before
           the
           next
           Court
           ,
           this
           is
           no
           good
           Coppy
           to
           hold
           the
           Land.
           
        
         
           But
           if
           the
           same
           Surrender
           ,
           and
           grant
           bee
           presented
           at
           the
           next
           Court
           ,
           in
           the
           life
           of
           the
           Lord
           ,
           and
           the
           grantee
           admitted
           Tenant
           ,
           and
           a
           Coppy
           made
           to
           him
           ,
           this
           is
           good
           Coppy
           .
        
         
           If
           the
           Lord
           of
           a
           Mannour
           having
           ancient
           Coppy-hold
           in
           his
           hands
           ,
           will
           by
           a
           deed
           of
           Feofment
           ,
           or
           by
           a
           Fine
           grant
           this
           Land
           to
           one
           to
           hold
           at
           the
           will
           of
           the
           Lord
           ,
           according
           to
           the
           Custome
           ,
           yet
           this
           cannot
           make
           a
           good
           Coppy-hold
           .
        
         
           If
           the
           Lord
           in
           open
           Court
           doth
           grant
           a
           Coppy-hold
           Land
           ,
           and
           the
           Steward
           maketh
           no
           entry
           thereof
           in
           the
           Court
           Roles
           ,
           this
           is
           not
           good
           ,
           though
           it
           bee
           never
           so
           publicke
           done
           ,
           nor
           no
           Collaterall
           proofe
           can
           make
           it
           good
           .
        
         
           But
           if
           the
           Tenant
           have
           no
           Coppy
           made
           unto
           him
           out
           of
           the
           Role
           ,
           or
           if
           hee
           loose
           his
           
             Coppy
             ,
          
           yet
           the
           Roles
           is
           still
           a
           sufficient
           tytle
           for
           his
           
             Coppy-hold
             ,
          
           if
           the
           Roles
           bee
           also
           lost
           ,
           yet
           it
           seemeth
           that
           by
           proofe
           
           hee
           can
           make
           this
           good
           .
        
         
           If
           Ordinances
           or
           by
           Lawes
           bee
           newly
           made
           ,
           and
           Recorded
           in
           the
           Roles
           of
           the
           Court
           ,
           if
           the
           Court
           Roles
           bee
           lost
           ,
           the
           by
           Lawes
           be
           set
           at
           liberty
           ,
           yet
           if
           there
           be
           any
           ancient
           customes
           or
           priviledges
           by
           
             Prescriptions
          
           not
           entred
           in
           the
           Roles
           ,
           &c.
           though
           the
           Roles
           be
           lost
           ,
           yet
           they
           remaine
           good
           .
        
      
       
         
           WHO
           SHALL
           BE
           SAID
           such
           a
           Lord
           of
           a
           Mannour
           as
           
             hath
             power
             to
             grant
             a
             Coppy-hold
             .
          
        
         
           A
           Lord
           to
           grant
           or
           allow
           a
           Coppy-hold
           ,
           must
           be
           such
           a
           one
           ,
           as
           by
           
             Littletons
          
           definition
           is
           seised
           of
           a
           Mannour
           ,
           so
           that
           he
           must
           be
           in
           possession
           at
           the
           time
           of
           the
           grant
           ,
           for
           although
           hee
           have
           good
           right
           and
           title
           ,
           yet
           if
           he
           be
           not
           in
           possession
           of
           the
           Mannour
           ,
           it
           will
           not
           serve
           :
           and
           on
           the
           other
           side
           ,
           if
           hee
           bee
           in
           possession
           of
           the
           Mannour
           ,
           though
           hee
           have
           
           neither
           right
           nor
           title
           thereunto
           ,
           yet
           in
           many
           cases
           the
           grant
           and
           allowance
           of
           such
           a
           
             Coppy
             ,
          
           is
           good
           as
           
             Donus
             de
             facto
             ,
             sed
             non
             deiure
             .
          
           And
           in
           some
           cases
           a
           
             Coppy-hold
          
           shall
           be
           adjudged
           good
           ,
           according
           to
           the
           largenesse
           of
           the
           state
           of
           the
           Lord
           that
           granted
           the
           same
           ,
           and
           in
           some
           cases
           shall
           continue
           good
           for
           a
           longer
           time
           then
           the
           estate
           of
           granter
           was
           at
           the
           time
           of
           the
           grant
           .
           But
           that
           is
           to
           be
           understood
           in
           case
           of
           necessity
           ,
           otherwise
           it
           will
           not
           be
           allowed
           .
        
         
           If
           a
           man
           seised
           of
           a
           Mannour
           ,
           in
           which
           are
           divers
           
             Coppy-holds
          
           demisable
           for
           lives
           ,
           is
           deseased
           ,
           and
           the
           desessor
           granteth
           a
           
             Coppy-hold
             ,
          
           being
           voide
           ,
           for
           three
           lives
           ;
           this
           is
           not
           good
           to
           binde
           the
           Desseased
           ,
           otherwise
           it
           is
           of
           a
           Coppy-hold
           of
           Inheritance
           ,
           because
           it
           is
           necessary
           to
           admit
           the
           next
           heire
           .
        
         
           If
           a
           man
           have
           a
           Title
           to
           enter
           into
           a
           Mannour
           for
           a
           condition
           broken
           ,
           and
           he
           granteth
           a
           
             Coppy-hold
          
           of
           the
           same
           Manour
           (
           being
           void
           )
           at
           a
           
             Court
          
           Baron
           ,
           this
           is
           a
           good
           grant
           ,
           for
           the
           keeping
           of
           the
           
             Court
          
           amounteth
           to
           an
           entre
           in
           the
           mannour
           .
        
         
           A
           man
           seised
           of
           a
           Mannour
           for
           life
           ,
           
           whereunto
           bee
           Coppy-hold
           Inheritance
           belonging
           ,
           and
           one
           Coppy-holder
           Surrendereth
           to
           the
           use
           of
           a
           stranger
           in
           Fee
           ,
           the
           Lord
           may
           grant
           this
           in
           Fee
           ,
           and
           this
           Grant
           shall
           binde
           him
           in
           the
           reversion
           ,
           but
           the
           Coppy-holds
           being
           demisable
           for
           lives
           ,
           it
           is
           otherwise
           ,
           for
           then
           hee
           cannot
           upon
           Surrender
           grant
           the
           same
           ,
           longer
           then
           the
           life
           of
           the
           Grantor
           .
           But
           if
           the
           Lord
           of
           a
           Mannour
           for
           yeares
           ,
           or
           during
           the
           minority
           of
           a
           Ward
           ,
           of
           which
           the
           Coppy-holds
           are
           demisable
           for
           three
           lives
           successively
           ,
           and
           not
           servingly
           ,
           in
           this
           case
           if
           the
           Coppyholder
           dyeth
           ,
           the
           Lord
           may
           grant
           the
           same
           ,
           being
           voide
           for
           three
           lives
           ,
           at
           his
           pleasure
           ,
           and
           this
           shall
           binde
           him
           in
           the
           Reversion
           ,
           or
           the
           heire
           at
           his
           full
           age
           .
        
      
       
         
         
           
             WHO
             SHALL
             BE
             SAID
          
           such
           a
           Tenant
           as
           may
           be
           a
           COPPY-HOLDER
           .
        
         
           ALthough
           there
           seemeth
           some
           shew
           of
           difference
           betweene
           Coppy-holders
           ,
           and
           Customary
           Tenants
           ,
           yet
           differ
           not
           they
           so
           much
           in
           nature
           ,
           as
           in
           name
           ,
           for
           although
           some
           bee
           called
           Coppy-holders
           ,
           some
           Customary
           ,
           some
           Tenants
           by
           the
           Virg
           ,
           some
           base
           Tenants
           ,
           some
           bound
           Tenants
           ,
           and
           some
           by
           one
           name
           ,
           and
           some
           by
           another
           ;
           yet
           doe
           they
           all
           agree
           in
           substance
           and
           kinde
           of
           Tenure
           ,
           though
           differ
           in
           some
           ceremonies
           and
           kinde
           of
           serving
           ,
           and
           therefore
           the
           name
           is
           not
           the
           matter
           ,
           but
           the
           Tenure
           .
        
         
           Hee
           shall
           bee
           said
           a
           person
           sufficient
           to
           
           be
           a
           Coppy-holder
           ,
           who
           is
           of
           himselfe
           able
           ,
           or
           by
           an
           other
           to
           doe
           the
           service
           of
           a
           
             Coppy-holder
             ;
          
           as
           an
           infant
           may
           be
           a
           Coppy-holder
           for
           his
           Gardein
           ,
           and
           prochein
           
           any
           may
           doe
           the
           service
           ;
           so
           may
           a
           feme
           Covert
           ,
           and
           her
           husband
           shall
           doe
           the
           service
           :
           But
           a
           lunaticke
           ,
           or
           Ideot
           cannot
           bee
           a
           Coppy-holder
           ,
           because
           they
           cannot
           doe
           the
           service
           themselves
           ,
           nor
           depute
           any
           other
           :
           and
           the
           Lord
           shall
           retaine
           the
           Coppy-hold
           of
           an
           Ideot
           ,
           and
           not
           the
           Queene
           .
        
         
           A
           Bond-man
           or
           aliene
           borne
           may
           bee
           a
           
             Coppy-holder
             ,
          
           and
           the
           King
           or
           Lord
           cannot
           seise
           the
           same
           .
        
         
           But
           a
           man
           cannot
           bee
           a
           
             Coppy-holder
          
           unto
           a
           Mannour
           ,
           whereof
           hee
           himselfe
           is
           Lord
           ,
           although
           hee
           bee
           but
           
             Dominus
             pro
             termino
             annorum
             ,
          
           or
           in
           
             Iureuxoris
             .
          
        
      
       
         
         
           
             WHAT
             SHALL
             BE
             SAID
          
           such
           Lands
           or
           other
           things
           as
           demisable
           by
           
             Coppy
             ,
          
           and
           may
           be
           
             holden
             by
             Coppy
             .
          
        
         
           IT
           may
           bee
           said
           of
           
             Coppy-hold
          
           Lands
           ,
           as
           is
           afore
           said
           of
           the
           Tenants
           ;
           they
           may
           differ
           in
           name
           ,
           but
           not
           in
           nature
           :
           As
           some
           called
           
             Coppy-hold
          
           Lands
           ,
           some
           customary
           Lands
           ,
           some
           bound
           Lands
           ,
           some
           base
           Lands
           ,
           some
           ancient
           Lands
           ,
           some
           demeasne
           Lands
           ,
           some
           encrease
           Lands
           ,
           some
           Mollendes
           ,
           some
           waste
           Lands
           ,
           some
           warke
           Lands
           ,
           some
           loose
           Lands
           ,
           and
           some
           Vierge
           Lands
           .
        
         
           And
           although
           
             Coppy-hold
          
           Lands
           be
           specially
           so
           called
           ,
           because
           it
           is
           holden
           by
           Copdy
           of
           Court
           Role
           ;
           Customary
           Lands
           because
           of
           some
           speciall
           Custome
           ;
           Bond
           Lands
           because
           of
           the
           bond
           ,
           Tenure
           ,
           Base
           Lands
           because
           of
           Base
           Tenure
           ,
           ancient
           Lands
           because
           
           of
           the
           old
           demise
           ,
           demeasne
           Lands
           because
           of
           its
           new
           demise
           ,
           and
           late
           being
           the
           Lords
           owne
           Mannour
           ;
           Increased
           Lands
           ,
           because
           it
           is
           late
           purchased
           ,
           and
           laid
           to
           the
           Mannour
           :
           Mollands
           ,
           because
           it
           is
           holden
           by
           easie
           rents
           ,
           or
           no
           rents
           at
           all
           ,
           waste
           Land
           ,
           because
           it
           hath
           beene
           lately
           approved
           out
           of
           the
           waste
           of
           the
           Mannour
           ,
           Worke
           Lands
           ,
           such
           as
           hath
           common
           appendant
           belonging
           to
           it
           ,
           Lose
           Land
           ,
           because
           it
           is
           holden
           by
           uncertainty
           ,
           Rents
           and
           Verge
           Land
           ,
           because
           it
           is
           holden
           by
           the
           Veirge
           :
           Yet
           al
           the
           said
           lands
           are
           holden
           in
           one
           general
           kinde
           ,
           that
           is
           by
           Custome
           and
           Continuance
           of
           Time
           ,
           and
           their
           diversity
           of
           their
           names
           doth
           not
           alter
           the
           Nature
           of
           their
           Tenure
           .
        
         
           It
           seemeth
           by
           
             Littleton
             ,
          
           that
           onely
           Lands
           and
           Tenements
           are
           demisable
           by
           Coppy
           :
           And
           therefore
           if
           the
           Lord
           of
           a
           Mannour
           will
           grant
           the
           rent
           charge
           ,
           or
           the
           office
           of
           Stewardship
           ,
           or
           Baylewicke
           of
           his
           Mannour
           by
           Coppy
           ,
           or
           a
           common
           in
           grosse
           by
           Coppy
           ,
           these
           bee
           not
           good
           grants
           ,
           because
           they
           tye
           not
           in
           Tenure
           ,
           and
           also
           because
           the
           
             Custome
          
           doth
           not
           extend
           unto
           them
           ,
           but
           common
           appendent
           to
           a
           Tennant
           of
           Coppy-hold
           Lands
           may
           bee
           demised
           with
           the
           Tenant
           by
           Coppy
           .
        
         
           Demeane
           Lands
           which
           within
           time
           of
           memory
           
           have
           beene
           occupied
           by
           the
           L●rd
           himselfe
           ,
           or
           his
           Farmour
           ,
           is
           not
           good
           to
           ●e
           granted
           by
           Coppy
           ,
           because
           of
           the
           newne●
           of
           the
           grant
           ,
           yet
           by
           continuance
           of
           time
           it
           may
           be
           good
           Coppy-hold
           ,
           when
           the
           memory
           of
           the
           contrary
           is
           worne
           away
           ,
           as
           hath
           beene
           said
           before
           .
           Neither
           can
           the
           Lord
           that
           granted
           such
           a
           Coppy
           ,
           put
           out
           his
           
             Coppy-holder
          
           during
           his
           life
           that
           granted
           the
           same
           ,
           because
           hee
           should
           not
           bee
           received
           to
           disable
           his
           owne
           grant
           .
           If
           a
           Coppy-holder
           doe
           Surrender
           his
           coppy-hold
           into
           the
           Lords
           hands
           ,
           meerely
           to
           the
           use
           of
           the
           Lord
           ,
           I
           doubt
           whether
           the
           Lord
           may
           grant
           this
           againe
           by
           Coppy
           ,
           as
           hee
           may
           where
           it
           comes
           unto
           him
           by
           forfeiture
           ,
           or
           by
           escheat
           ,
           because
           it
           is
           made
           percell
           in
           demeasne
           by
           his
           owne
           acceptance
           and
           not
           by
           the
           Act
           of
           the
           Law
           ,
           
             quaere
             .
          
        
         
           Note
           that
           neither
           the
           Statute
           of
           
             West
             .
             2.
             de
             bonis
             Conditionalibus
             ,
          
           nor
           any
           other
           Statute
           ,
           that
           hath
           not
           Coppy
           holds
           named
           in
           it
           ,
           doth
           extend
           to
           Coppy-hold
           Lands
           ,
           as
           the
           Statute
           
             Staple
             .
             27.
             
             Ed.
          
           3.
           nor
           the
           Statute
           of
           Heresie
           2.
           
           
             Hen.
          
           5.
           nor
           the
           Statute
           of
           Will
           32.
           
           
             Henry
          
           the
           eight
           ,
           nor
           the
           Statute
           of
           
             Limitation
             ,
          
           made
           the
           same
           yeare
           as
           is
           
           how
           taken
           
             contra
          
           to
           Master
           
             Brooke
             in
             nov
             .
             ●se
          
           426.
           
        
         
           But
           though
           a
           gift
           in
           Taile
           of
           a
           Coppy-holder
           ,
           be
           not
           conteined
           in
           the
           same
           Statute
           of
           
             William
          
           the
           Second
           :
           Yet
           I
           thinke
           in
           such
           Mannour
           ,
           were
           time
           out
           of
           minde
           they
           have
           used
           to
           make
           gifts
           in
           Taile
           of
           Coppy-hold
           
             Lands
             ,
          
           there
           such
           gifts
           bee
           good
           at
           this
           day
           ,
           and
           they
           may
           make
           protestation
           in
           the
           nature
           of
           
             Avy
          
           writ
           ,
           as
           apeareth
           by
           
             Littleton
             .
          
        
      
       
         
           WHAT
           SHALL
           BE
           SAID
           
             a
             good
             Surrender
             .
          
        
         
           AS
           in
           the
           conveing
           of
           Free
           Lands
           there
           is
           required
           some
           ceremony
           and
           publick
           notice
           ,
           so
           is
           there
           in
           the
           assuring
           of
           Coppy-holds
           necessary
           some
           publicke
           Fact
           to
           bee
           done
           therein
           ,
           which
           is
           the
           Surrender
           .
           
           In
           which
           ceremonie
           there
           is
           contained
           two
           effects
           ,
           the
           one
           what
           is
           surrenered
           and
           to
           whose
           use
           ,
           the
           other
           that
           it
           be
           done
           with
           the
           Lords
           good
           will
           ,
           and
           for
           that
           cause
           it
           is
           surrendered
           into
           his
           hands
           .
           And
           although
           of
           the
           meanes
           a
           Mannour
           of
           this
           surrender
           there
           bee
           divers
           kinds
           ,
           as
           within
           some
           Mannors
           to
           Surrender
           by
           the
           hand
           of
           another
           Coppy-holder
           ,
           and
           in
           some
           other
           to
           surrender
           into
           the
           Stewards
           hands
           ,
           in
           some
           to
           the
           Bayliffes
           hands
           ,
           and
           some
           by
           giving
           a
           yard
           to
           the
           Steward
           ,
           in
           some
           by
           giving
           his
           hand
           ,
           or
           his
           glove
           ,
           which
           bee
           outward
           signes
           of
           his
           intent
           :
           Yet
           in
           all
           these
           kindes
           the
           words
           of
           Surrender
           must
           not
           bee
           divers
           ,
           but
           one
           or
           to
           one
           effect
           ,
           and
           must
           bee
           either
           words
           of
           Surrender
           expressed
           ,
           or
           words
           of
           Surrender
           implyed
           ,
           and
           therefore
           if
           a
           Coppy-holder
           will
           bargaine
           and
           sell
           his
           Land
           to
           
             I.
             S.
          
           and
           this
           is
           found
           by
           the
           Homage
           ,
           and
           
             I.
             S.
          
           praieth
           to
           bee
           admittted
           Tenant
           ,
           yet
           the
           heire
           of
           the
           Coppy-holder
           shall
           avoide
           the
           Admission
           ,
           because
           of
           the
           insufficency
           of
           the
           Surrender
           ,
           taking
           by
           the
           words
           of
           Bargaine
           and
           Sale
           ,
           and
           not
           by
           words
           of
           Surrender
           ,
           
             opi
             .
             Sur.
             Dier
             8.
             
             Eliz.
             Lou
             ill
             dit
             .
             &
             relees
             ne
             vault
             avrer
             Come
             unsurrender
             .
          
        
         
           If
           a
           Coppy-holder
           commeth
           into
           the
           
           
             Court
             ,
          
           and
           desireth
           his
           Lord
           to
           admit
           his
           sonne
           to
           bee
           Tenant
           in
           his
           fathers
           place
           ,
           this
           seemeth
           a
           good
           Surrender
           to
           the
           use
           of
           the
           sonne
           .
        
         
           If
           a
           Coppy-holder
           will
           in
           the
           presence
           of
           other
           Coppy-holders
           of
           the
           same
           Mannour
           ,
           say
           that
           hee
           is
           content
           to
           Surrender
           his
           Coppy-hold
           Lands
           to
           the
           use
           of
           
             I.
             S.
          
           this
           is
           no
           good
           Surrender
           :
           But
           if
           hee
           saith
           hee
           doth
           surrender
           into
           the
           hands
           of
           the
           Lord
           to
           the
           use
           of
           
             I.
             S.
          
           if
           the
           Lord
           will
           thereunto
           agree
           ,
           this
           is
           a
           good
           Surrender
           ,
           whether
           the
           Lord
           will
           or
           not
           .
        
         
           If
           the
           Tenant
           will
           Resigne
           his
           Interest
           in
           the
           Court
           ,
           into
           the
           Lords
           hands
           ,
           therewithall
           for
           the
           Lord
           to
           doe
           his
           will
           ,
           this
           is
           a
           good
           Surrender
           if
           it
           be
           accepted
           .
        
         
           If
           a
           
             Coppy-holder
          
           will
           say
           he
           will
           bee
           no
           longer
           the
           Lords
           Tenant
           ,
           though
           these
           words
           bee
           recorded
           ,
           yet
           this
           is
           no
           good
           Surrender
           .
        
         
           If
           a
           Coppy-holper
           for
           life
           take
           a
           new
           
           Estate
           for
           life
           by
           Coppy
           ,
           this
           is
           a
           surrender
           of
           his
           first
           estate
           .
        
         
           But
           if
           a
           Coppy-holder
           for
           life
           will
           take
           a
           Lease
           of
           the
           same
           by
           Indenture
           for
           life
           ,
           this
           is
           not
           a
           good
           Surrender
           of
           the
           Coppy-hold
           :
           
             Quaere
             .
          
        
         
           If
           a
           Coppy-holder
           commeth
           to
           the
           Lord
           ,
           and
           telleth
           him
           ,
           that
           for
           the
           preferment
           of
           his
           Sonne
           in
           marriage
           ,
           with
           such
           a
           mans
           daughter
           ;
           his
           will
           is
           to
           give
           his
           Land
           presently
           to
           his
           Sonne
           ,
           and
           desireth
           the
           Lord
           that
           he
           would
           be
           contented
           therewith
           ,
           this
           is
           no
           good
           Surrender
           .
        
         
           But
           if
           he
           had
           said
           these
           words
           in
           the
           Lords
           Court
           ,
           and
           the
           same
           recorded
           ,
           or
           found
           by
           Homage
           as
           a
           Surrender
           ,
           and
           so
           presented
           ,
           then
           this
           had
           beene
           a
           good
           Surrender
           without
           any
           other
           words
           of
           Surrender
           .
        
      
       
         
         
           THAT
           A
           COPPY-HOLDER
           
             must
             bee
             admitted
             Tenant
             ,
             and
          
           what
           shall
           bee
           said
           a
           good
           Admittance
           of
           a
           COPPY-HOLDER
           .
        
         
           IF
           a
           Coppy-hold
           descend
           unto
           a
           married
           woman
           ,
           and
           her
           Husband
           take
           the
           profits
           
           thereof
           ,
           and
           suffer
           a
           Court
           day
           to
           passe
           without
           admittance
           of
           his
           Wife
           ,
           and
           then
           the
           Wife
           dyes
           ,
           the
           Husband
           shall
           not
           be
           Tenant
           by
           the
           curtesie
           ,
           but
           in
           the
           12.
           
           
             Eliz.
             Dyer
          
           291.
           292.
           it
           seemeth
           that
           the
           contrary
           should
           be
           the
           better
           opinion
           .
        
         
           An
           entry
           before
           admittance
           is
           no
           forfeiture
           ,
           
           without
           an
           especiall
           custome
           pleaded
           ,
           but
           the
           heire
           may
           make
           a
           forfeiture
           for
           
             non
          
           payment
           of
           the
           Rent
           ,
           as
           the
           Custome
           was
           there
           pleaded
           before
           admittance
           .
        
         
           If
           a
           Coppy-hold
           be
           Surrendred
           unto
           the
           use
           of
           a
           stranger
           upon
           condition
           ,
           and
           the
           
           condition
           be
           broken
           ,
           the
           party
           that
           made
           the
           Surrender
           may
           reenter
           and
           bee
           a
           Coppy-holder
           to
           all
           Intents
           ,
           without
           any
           new
           admission
           ,
           for
           he
           did
           depart
           with
           the
           Land
           but
           upon
           a
           condition
           .
        
         
           Also
           if
           a
           Surrender
           of
           a
           Coppy-hold
           bee
           made
           to
           the
           use
           of
           a
           stranger
           for
           Life
           ,
           and
           the
           Lord
           makes
           a
           grant
           thereof
           ,
           to
           the
           same
           stranger
           in
           Fee
           ,
           this
           shall
           not
           binde
           the
           heire
           of
           the
           Tenant
           ,
           but
           that
           hee
           may
           enter
           after
           the
           death
           of
           the
           grantee
           ,
           for
           hee
           tooke
           the
           Land
           by
           the
           Surrender
           ,
           and
           not
           by
           the
           grant
           made
           by
           the
           Lord
           :
           for
           the
           Lord
           is
           but
           an
           instrument
           for
           the
           conveyance
           of
           the
           Land
           ,
           for
           if
           I
           make
           a
           Surrender
           unto
           the
           Lord
           
             ea
             Intentione
             ,
          
           that
           hee
           shall
           grant
           over
           unto
           such
           a
           man
           ,
           if
           the
           Lord
           will
           not
           grant
           the
           same
           ,
           I
           may
           then
           reenter
           ,
           but
           the
           stranger
           hath
           no
           meanes
           to
           enforce
           the
           Lord
           to
           grant
           the
           same
           over
           unto
           him
           ,
           but
           hee
           may
           maintaine
           Trespas
           against
           the
           the
           Lord
           ,
           if
           hee
           doth
           suffer
           mee
           to
           reenter
           ,
           and
           this
           is
           the
           opinion
           at
           this
           day
           .
        
         
           The
           Lord
           of
           a
           Mannour
           hath
           that
           prerogative
           in
           his
           Coppy-holders
           ,
           that
           no
           stranger
           can
           bee
           his
           Tenant
           thereof
           ,
           without
           his
           speciall
           assent
           ,
           and
           admission
           ,
           and
           for
           that
           
           cause
           a
           Coppy-holder
           shall
           not
           bee
           lyable
           to
           any
           executions
           of
           Statutes
           ,
           or
           recognizances
           ,
           neither
           shall
           be
           
             Cassets
             ,
          
           in
           debt
           or
           
             Formidon
             ,
          
           neither
           are
           conteyned
           in
           any
           the
           Statutes
           afore
           named
           ,
           for
           if
           it
           were
           ,
           then
           should
           the
           Lord
           be
           forced
           to
           have
           a
           Coppy-holder
           whether
           hee
           would
           or
           no
           ,
           which
           is
           against
           the
           nature
           of
           a
           Coppyhold
           .
        
         
           And
           therefore
           a
           stranger
           can
           never
           enter
           ,
           though
           a
           Surrender
           made
           to
           his
           use
           bee
           accepted
           ,
           except
           hee
           bee
           admitted
           Tenant
           ,
           but
           otherwise
           of
           the
           heire
           ,
           for
           hee
           may
           eater
           and
           take
           the
           profits
           before
           the
           Admittance
           after
           the
           death
           of
           his
           father
           .
        
         
           Admittance
           may
           be
           three
           manner
           of
           waies
           ,
           an
           expresse
           admission
           ,
           by
           the
           words
           entred
           into
           the
           Court
           Role
           ,
           
             viz.
             unde
             admissus
             est
             Tenens
             ,
          
           or
           by
           acceptance
           ,
           or
           implication
           ,
           as
           if
           the
           Lordwill
           accept
           the
           rent
           by
           the
           hands
           of
           a
           stranger
           ,
           third
           by
           admitting
           one
           Copy-holder
           ,
           in
           some
           cases
           the
           Lord
           shall
           admit
           another
           by
           implication
           to
           some
           purposes
           ,
           and
           to
           these
           three
           may
           bee
           added
           a
           fourth
           ,
           which
           is
           by
           the
           entry
           of
           the
           Sonne
           ,
           after
           the
           death
           of
           his
           Father
           ,
           and
           the
           
           Tenant
           in
           Dower
           after
           the
           death
           of
           her
           Husband
           ,
           which
           is
           Lawfull
           without
           admission
           ,
           till
           the
           next
           Court
           ,
           and
           then
           they
           must
           pray
           to
           bee
           admitted
           ,
           &c.
           
        
         
           If
           a
           Coppy-holder
           doe
           surrender
           his
           Land
           to
           the
           use
           of
           
             I.
             S.
          
           and
           the
           Lord
           doth
           grant
           the
           same
           to
           
             I.
             S.
          
           accordingly
           ,
           and
           thereupon
           hee
           enters
           ,
           yet
           hee
           is
           no
           good
           Coppy-holder
           ,
           till
           hee
           bee
           admitted
           :
           But
           if
           
             I.
             S.
          
           appeareth
           at
           the
           Lords
           Court
           ,
           and
           passeth
           on
           the
           Lords
           homage
           ,
           or
           the
           Lord
           accepts
           his
           Rent
           or
           his
           Fine
           for
           the
           same
           Coppy-hold
           ,
           now
           is
           hee
           become
           a
           good
           Coppy-holder
           without
           any
           further
           Admission
           .
        
         
           If
           a
           Coppy-holder
           surrendreth
           his
           Land
           to
           the
           use
           of
           
             I.
             S.
          
           for
           life
           ,
           the
           Remainder
           to
           the
           use
           of
           
             R.
             N.
          
           for
           life
           ,
           and
           the
           Lord
           granteth
           the
           same
           accordingly
           ,
           and
           admitteth
           
             I.
             S.
          
           it
           seemeth
           this
           is
           a
           good
           admission
           to
           
             R.
             N.
          
           that
           is
           in
           the
           Remainder
           .
        
         
           A
           
             Coppy-holder
          
           in
           Fee
           dyeth
           seised
           ,
           his
           
           heire
           may
           make
           a
           surrender
           to
           the
           use
           of
           a
           stranger
           ,
           without
           admission
           :
           
             quaere
             .
          
           But
           if
           a
           
             Coppy-holder
          
           surrender
           to
           the
           use
           of
           
             I.
             S.
          
           this
           
             I.
             S.
          
           cannot
           surrender
           to
           the
           use
           of
           a
           
           stranger
           ,
           without
           being
           first
           admitted
           him selfe
           .
        
         
           If
           a
           Coppy-holder
           Surrender
           all
           use
           of
           the
           joyntly
           ,
           and
           they
           are
           admitted
           ,
           if
           the
           one
           of
           them
           dyeth
           ,
           the
           surviver
           needeth
           not
           t●
           bee
           admitted
           againe
           for
           the
           moytie
           :
           But
           if
           a
           Coppy-holder
           having
           Issue
           two
           daughters
           ,
           and
           they
           are
           admitted
           ,
           and
           then
           the
           one
           of
           them
           dieth
           ,
           the
           other
           must
           needs
           be
           admitted
           for
           the
           other
           moyty
           ,
           for
           hee
           takes
           the
           same
           by
           discent
           .
        
         
           
             L'heire
             dun
             Coppy-holder
             part
             prender
             profits
             avera
             accion
             de
             travers
             et
             Ferra
             ,
             Post
             fratris
             sufficicum
             deveant
             admittance
             12.
             
             Eliz.
             291.
             et
             part
             faire
             lesses
             per
             ans
             .
             Denby
             et
             Bullock
             .
          
        
      
       
         
         
           
             WHAT
             SHAL
             BE
             SAID
          
           a
           forfeiture
           of
           a
           COPPY-HOLD
           .
        
         
           THE
           Tenant
           by
           Coppy
           standeth
           bound
           by
           his
           Tenure
           to
           the
           Lord
           ,
           that
           if
           hee
           doth
           any
           thing
           to
           the
           Lords
           dis-inheritance
           ;
           or
           in
           some
           cases
           if
           he
           doth
           transgresse
           the
           duty
           of
           a
           good
           Tenant
           ,
           he
           shall
           forfeit
           his
           Coppy-hold
           :
           but
           because
           all
           offences
           are
           not
           equall
           ,
           so
           likewise
           there
           are
           degrees
           of
           punnishment
           ;
           for
           there
           is
           a
           difference
           betweene
           offences
           done
           wittingly
           and
           willingly
           ,
           and
           faults
           ignorantly
           and
           unwillingly
           committed
           .
        
         
           And
           therfore
           some
           offences
           are
           forfeitures
           
             ipso
             facto
             ,
          
           some
           are
           onely
           forfeitures
           when
           they
           are
           presented
           and
           not
           before
           ,
           and
           some
           are
           onely
           fineable
           .
        
         
           Forfeitures
           
             ipso
             facto
          
           are
           offences
           that
           lye
           
           in
           mis-fesans
           ;
           &
           be
           apparent
           forfeitures
           ,
           when
           
           they
           are
           presented
           only
           ,
           are
           offences
           that
           lye
           
           in
           
             non
             fesans
             ,
          
           and
           is
           not
           apparent
           nor
           affirmatively
           to
           bee
           proved
           without
           presentment
           .
        
         
           Offences
           Finable
           ,
           are
           offences
           of
           contempt
           ,
           
           and
           not
           of
           dis-inheritance
           .
        
         
           As
           if
           a
           Coppy-holder
           will
           in
           the
           presence
           ,
           and
           sitting
           of
           the
           Court
           Baron
           ,
           say
           〈…〉
           extort
           and
           exact
           un-due
           〈…〉
           his
           Tenants
           ,
           or
           such
           〈…〉
           ,
           this
           is
           onely
           Fineable
           .
        
         
           But
           〈…〉
           and
           there
           say
           ,
           being
           called
           forth
           to
           bee
           sworne
           of
           his
           homage
           ,
           that
           hee
           is
           none
           of
           the
           Lords
           Tenant
           ,
           this
           makes
           a
           Forfeyture
           of
           his
           Coppy-hold
           .
        
         
           But
           if
           hee
           will
           there
           say
           ,
           that
           hee
           will
           shortly
           demise
           away
           that
           hee
           will
           bee
           no
           longer
           of
           any
           of
           the
           Lords
           Coppy-holders
           ,
           this
           is
           neither
           cause
           of
           Forfeyture
           ,
           not
           Fine
           .
        
         
           If
           a
           Coppy-holder
           
             Sendente
             curia
          
           doe
           strike
           an
           other
           Coppy-holder
           ,
           or
           any
           other
           
           stranger
           ,
           this
           is
           onely
           Finable
           ,
           and
           maketh
           no
           Forfeyture
           .
        
         
           If
           the
           Steward
           sheweth
           forth
           a
           Court
           Role
           to
           proove
           that
           
             I.
             S.
          
           is
           a
           Coppy-holder
           and
           this
           not
           withstanding
           hee
           will
           in
           the
           Court
           say
           ,
           that
           hee
           is
           a
           Free
           holder
           and
           sheweth
           forth
           a
           Free
           deed
           and
           claime
           thereby
           ,
           and
           teareth
           in
           peeces
           the
           Court
           Role
           ,
           and
           publisheth
           the
           free
           deed
           ,
           this
           a
           cause
           of
           Fine
           and
           Forfeyture
           .
        
         
           But
           if
           the
           said
           Tenant
           will
           there
           upon
           some
           Colourable
           doubt
           ,
           and
           question
           which
           may
           arise
           ,
           whether
           hee
           bee
           a
           Free
           holder
           or
           a
           Coppy-holder
           say
           to
           the
           Steward
           ,
           because
           hee
           knowes
           not
           whether
           the
           rent
           that
           hee
           should
           pay
           ,
           bee
           Free
           rent
           ,
           or
           Coppy-hold
           rent
           ,
           he
           will
           pay
           it
           with
           protestation
           that
           the
           rent
           may
           be
           recorded
           as
           it
           shall
           fall
           out
           ,
           and
           with
           like
           protestation
           offer
           and
           do
           his
           service
           ,
           though
           in
           truth
           hee
           bee
           a
           Coppy-holder
           ,
           yet
           this
           deserveth
           neither
           Fine
           or
           Forfeyture
           .
        
         
           If
           a
           
             Coppy-holder
          
           cannot
           pay
           his
           rent
           ,
           and
           will
           not
           doe
           his
           service
           ,
           this
           offence
           is
           on
           the
           Negative
           ,
           and
           maketh
           no
           forfeyture
           till
           it
           be
           presented
           .
        
         
         
           
             Tenant
             per
             Coppie
             ne
             poet
             facere
             wast
             ne
             couper
             bois
             per
             vender
             mes
             pro
             reperacontantum
             9
             Hen
             4.
             12.
             43.
             
             Ed.
          
           3.
           32.
           .
           80.
           
        
         
           But
           if
           a
           
             Coppy-holder
          
           doth
           Alien
           his
           Land
           by
           Free
           deed
           ,
           or
           will
           commit
           waste
           ,
           or
           demise
           his
           Coppy-hold
           contrary
           to
           the
           Custome
           ,
           or
           will
           sue
           a
           replevin
           against
           the
           Lord
           ,
           for
           a
           Distr
           .
           lawfully
           taken
           for
           his
           Rent
           or
           service
           due
           ,
           or
           disclaime
           in
           the
           Land
           being
           summoned
           to
           the
           Lords
           Court
           ,
           or
           will
           there
           claime
           it
           as
           his
           free
           hold
           ,
           or
           will
           in
           any
           other
           Court
           untitle
           any
           other
           Lord
           unto
           it
           ,
           or
           bee
           attainted
           of
           treason
           or
           felonie
           ,
           or
           continue
           out-lawd
           ,
           or
           excommunicate
           ,
           during
           the
           Lords
           Court
           ,
           or
           refuseth
           to
           goe
           with
           his
           Lord
           or
           other
           commissionours
           for
           that
           purpose
           in
           the
           service
           of
           the
           prince
           ,
           to
           suppres
           Rebells
           ,
           riots
           ,
           or
           unlawfull
           assemblies
           .
           All
           these
           offences
           be
           apparent
           mis-fesance
           and
           forfeiture
           
             ipso
             facto
          
           without
           any
           presentment
           .
        
         
           But
           if
           a
           Coppy-holder
           being
           of
           the
           grand
           Inquest
           at
           the
           Assizes
           or
           Sessions
           ,
           shall
           indit
           his
           Lord
           of
           any
           manner
           of
           offence
           committed
           against
           the
           Prince
           or
           Lawes
           of
           this
           Realme
           ,
           or
           shall
           upon
           proces
           Compulsary
           give
           evidence
           against
           his
           Lord
           ,
           which
           is
           
           in
           any
           cause
           betweene
           his
           Lord
           and
           an
           other
           Common
           person
           ,
           or
           betweene
           the
           prince
           and
           his
           Lord
           without
           compulsary
           proces
           ,
           or
           shall
           make
           any
           bodily
           arest
           of
           his
           Lord
           by
           the
           commandment
           of
           the
           Shriefe
           or
           other
           lawfull
           authority
           ,
           or
           shall
           bring
           any
           Action
           or
           Suit
           against
           his
           Lord
           in
           any
           of
           the
           Queens
           Courts
           (
           except
           a
           Replevin
           case
           aforesaid
           )
           All
           these
           last
           recited
           ,
           be
           cause
           of
           neither
           Fines
           or
           forfeitures
           of
           any
           Coppy-hold
           .
        
         
           Also
           a
           Coppy-holder
           not
           claiming
           his
           Coppy-hold
           after
           the
           death
           of
           his
           Ancestor
           within
           a
           yeare
           and
           a
           day
           ,
           at
           the
           Court
           ,
           if
           any
           bee
           ,
           it
           is
           a
           forfeiture
           for
           
             ever
             per.
             opin
             Catline
             ,
             Slowelle
             Case
             372.
             ct
             c.
             il
             pesse
             dee
             bone
             custome
             in
             plusors
             Mannors
             .
          
        
         
           If
           Coppyholders
           being
           on
           a
           Jury
           will
           not
           finde
           the
           waste
           committed
           ,
           or
           will
           not
           present
           things
           presentable
           ,
           this
           is
           a
           forfeituer
           of
           their
           Tenures
           ,
           if
           they
           be
           Coppy-holders
           ;
           by
           the
           opinion
           of
           
             Catlin
             ,
             Dier
             ,
          
           and
           
             Bracton
             .
             4.
             
             Eliz.
             Dier
             .
             211.
             pe
             .
             31.
             6.
             et
             7.
             
             Eliz.
             233.
             b.
             9.
             
             Hen.
             6.
             44.
             b.
             
          
        
         
           If
           a
           Coppy-holder
           will
           not
           be
           sworne
           to
           
           present
           such
           offences
           as
           are
           forfeitures
           ,
           this
           is
           a
           forfeiture
           of
           his
           estate
           ;
           so
           if
           he
           alien
           ,
           or
           make
           Coppy-hold
           free
           ,
           for
           tenne
           pound
           ,
           the
           Lord
           may
           enter
           ,
           for
           they
           are
           willfull
           acts
           ,
           for
           which
           the
           Lord
           may
           enter
           without
           presentment
           ,
           but
           for
           negligent
           offences
           ,
           as
           for
           not
           doing
           of
           services
           ,
           or
           not
           acceptance
           of
           a
           Coppy-hold
           after
           the
           death
           of
           his
           ancestor
           ,
           the
           Lord
           cannot
           seise
           without
           presentment
           of
           the
           homage
           .
           And
           if
           an
           infant
           within
           the
           yeare
           after
           the
           death
           of
           his
           ancestor
           ,
           will
           not
           after
           the
           Court
           holden
           and
           proclamation
           made
           ,
           pray
           to
           bee
           admitted
           ,
           it
           is
           no
           forfeiture
           ,
           unlesse
           the
           Custome
           of
           the
           Mannour
           be
           ,
           that
           an
           infant
           ought
           to
           forfeit
           his
           estate
           by
           such
           negligence
           ,
           for
           it
           is
           but
           a
           claime
           at
           Common
           Law
           ,
           which
           bars
           not
           an
           infant
           ,
           which
           hath
           not
           discretion
           .
           Betweene
           
             Hautrey
          
           and
           
             Buckshire
          
           and
           one
           of
           his
           Coppy-holders
           .
           12.
           
           
             Eliz.
             Rot
          
           96.
           
        
         
           If
           thirteene
           Coppy-holders
           bee
           sworne
           in
           a
           base
           Court
           ,
           and
           twelve
           agree
           to
           give
           Verdict
           ,
           the
           thirteenth
           will
           not
           ;
           it
           is
           not
           a
           forfeiture
           ,
           for
           it
           is
           a
           good
           verdict
           without
           his
           assent
           ,
           and
           perhaps
           it
           is
           not
           agreeing
           to
           his
           conscience
           ,
           and
           therefore
           it
           is
           not
           properly
           a
           not
           doing
           ,
           or
           deniall
           to
           doe
           his
           duty
           .
        
         
         
           
             Quaere
             ,
          
           If
           there
           be
           12.
           and
           11.
           agree
           ,
           and
           the
           twelfth
           will
           not
           ,
           for
           it
           is
           not
           a
           full
           Jury
           .
           
             Pasche
             .
             20.
             
             Eliz.
             Co.
             Bank.
             ve
             .
             3.
             
             Ed.
          
           3.
           
           Verdict
           10.
           
             ou
             .
             11.
             29.
             
             Ed.
             3.
             ibid.
             45.
             12
             
             Hen.
             4.
             10.
             
             Sherne
             .
          
        
      
       
         
           
             WHAT
             OFFICE
             OR
             POWER
             entirely
             ,
             or
             dividedly
             the
             Lord
          
           Steward
           ,
           Free-holders
           ,
           Coppy-holders
           ,
           and
           the
           Bayliffs
           ,
           have
           in
           the
           Court
           Baron
           .
        
         
           ALthough
           the
           Lord
           ,
           the
           Steward
           ,
           the
           Free-holders
           ,
           the
           Coppy-holders
           ,
           and
           the
           Bayliffes
           of
           every
           Mannour
           ,
           have
           an
           intermixt
           and
           joynt
           office
           ,
           and
           authority
           in
           some
           cases
           ,
           and
           to
           some
           purposes
           :
           yet
           to
           other
           purposes
           their
           office
           is
           distinct
           and
           divided
           ,
           and
           every
           of
           them
           doth
           occupy
           severall
           places
           ,
           persons
           ,
           and
           parts
           .
        
         
         
           The
           Lord
           is
           chiefe
           to
           command
           and
           appoynt
           to
           the
           Steward
           ,
           to
           direct
           and
           record
           the
           Free
           holder
           ,
           affirre
           and
           judge
           the
           Coppy-holders
           to
           enfirme
           and
           present
           ,
           the
           Bayliffe
           to
           attend
           and
           execute
           ,
           &c.
           
        
         
           And
           all
           these
           together
           make
           a
           perfect
           execution
           of
           Justice
           and
           Judgements
           in
           a
           Court
           Baron
           ,
           and
           without
           all
           these
           a
           Court
           Baron
           cannot
           be
           holden
           in
           his
           proper
           nature
           ,
           in
           respect
           of
           all
           causes
           belonging
           to
           the
           perfect
           jurisdiction
           of
           a
           Court
           Baron
           .
        
         
           And
           yet
           a
           Court
           Baron
           may
           be
           held
           by
           use
           and
           custome
           ,
           for
           some
           Coppyhold
           causes
           ,
           though
           it
           want
           one
           of
           the
           said
           parties
           
             (
             viz
             )
          
           the
           Free
           holders
           ,
           and
           there
           in
           Coppy-hold
           cases
           the
           Steward
           doth
           supply
           the
           place
           of
           a
           Judge
           :
           But
           no
           other
           of
           the
           parts
           aforesaid
           ,
           except
           the
           Free
           holders
           ,
           can
           be
           missed
           ,
           or
           spared
           in
           a
           Court
           Baron
           .
        
         
           But
           to
           make
           some
           more
           particular
           demonstration
           of
           their
           distinct
           authorities
           and
           offices
           :
           And
           first
           the
           Lord
           as
           hee
           is
           chiefe
           in
           place
           ,
           so
           is
           hee
           in
           Authority
           ,
           and
           occupieth
           three
           severall
           Romes
           ,
           the
           one
           of
           a
           Chancelour
           in
           cases
           of
           equity
           ,
           the
           other
           of
           a
           Justice
           in
           a
           matter
           of
           right
           ,
           the
           third
           of
           himselfe
           in
           Cases
           
           proper
           and
           particular
           to
           himselfe
           .
        
         
           The
           Steward
           doth
           occupie
           the
           parts
           of
           severall
           persons
           ,
           that
           is
           to
           say
           ,
           Judge
           and
           order
           in
           cases
           of
           Coppy-hold
           ,
           and
           also
           a
           Minister
           ,
           and
           Register
           to
           enter
           things
           into
           the
           Court
           Roles
           ,
           and
           in
           both
           these
           to
           bee
           indifferent
           betweene
           the
           Lord
           and
           his
           Tenants
           .
        
         
           The
           Free
           holders
           doe
           likewise
           fulfill
           two
           parts
           ,
           that
           is
           ,
           to
           effect
           ,
           &
           judge
           amercemetns
           ,
           and
           also
           to
           returne
           and
           certifie
           judgements
           .
        
         
           The
           Coppy-holders
           also
           doe
           hold
           two
           severall
           roomes
           ,
           
             viz.
          
           to
           enforme
           offences
           committed
           against
           the
           Lord
           within
           that
           Mannour
           ,
           and
           to
           present
           such
           things
           as
           shall
           be
           given
           Charge
           by
           the
           Steward
           .
        
         
           The
           Bayliffe
           doth
           also
           occupie
           two
           parts
           ,
           that
           is
           to
           say
           ,
           to
           execute
           the
           proces
           and
           Commandments
           of
           the
           Court
           ,
           and
           also
           to
           returne
           into
           the
           Court
           the
           Execution
           of
           the
           same
           proces
           .
        
         
           6.
           
           
             Ed.
             6.
             
             Bract.
             No.
             case
             .
             84.
             pli
             .
          
           387.
           the
           under-steward
           in
           
             Court
             ,
          
           without
           authority
           of
           the
           
             L.
          
           or
           of
           the
           
             high-steward
             ,
          
           may
           demise
           
             Copy-hold
             ,
          
           
           &
           it
           is
           a
           good
           grant
           ,
           for
           it
           is
           in
           full
           Court
           ;
           but
           contrary
           it
           is
           if
           it
           bee
           out
           of
           Court.
           
             Quaere
             ,
          
           if
           the
           high
           steward
           without
           authority
           may
           demise
           out
           of
           Court.
           
        
         
           
             Finis
             Lecturae
             Calthrop
             .
          
        
         
           A
           Coppy-holder
           being
           indebted
           ,
           doth
           
             surrender
          
           to
           his
           creditor
           ,
           upon
           trust
           that
           hee
           shall
           have
           the
           Land
           to
           satisfie
           himselfe
           of
           the
           debt
           ,
           and
           then
           to
           be
           
             surrendred
          
           backe
           againe
           unto
           him
           ;
           And
           after
           the
           debt
           levied
           ,
           the
           creditor
           wil
           not
           
             surrender
             ,
          
           whereby
           according
           to
           the
           custome
           of
           the
           Mannour
           ,
           the
           Tenant
           pursues
           an
           English
           Bill
           to
           the
           Lord
           in
           his
           
             Court
             ,
          
           by
           which
           the
           trust
           is
           prooved
           by
           deposition
           ;
           the
           Lord
           seiseth
           the
           Land
           to
           the
           use
           of
           the
           first
           
             Coppy-holder
          
           until
           &c.
           
           And
           
             Wray
          
           was
           of
           opinion
           ,
           that
           hee
           may
           well
           so
           doe
           ,
           for
           he
           hath
           no
           other
           remedy
           ,
           for
           the
           Lord
           cannot
           imprison
           him
           ,
           as
           the
           Lord
           
             Chancelour
          
           of
           England
           may
           doe
           ;
           and
           that
           the
           custome
           of
           deposition
           is
           good
           ,
           though
           some
           doe
           doubt
           :
           but
           
             Gawdy
          
           agrees
           ,
           but
           hee
           saith
           that
           the
           Lord
           cannot
           retaine
           and
           keepe
           the
           Land
           ,
           and
           if
           hee
           should
           so
           doe
           ,
           the
           other
           shall
           have
           a
           
             Subpena
             ;
          
           whereunto
           
             Wray
          
           agreeth
           ,
           that
           hee
           cannot
           retaine
           the
           Land
           
           but
           seise
           it
           and
           grant
           it
           over
           ,
           which
           without
           seising
           hee
           cannot
           doe
           ,
           25.
           
           
             Eliz.
             B.
          
           upon
           the
           motion
           of
           
             Cooke
             ,
          
           who
           said
           that
           14.
           
           
             Hen.
          
           4.
           39.
           and
           
             Fitz.
             B.
          
           1●
           .
           are
           according
           to
           their
           opinions
           :
           For
           a
           
             Coppy-holder
          
           shal
           not
           have
           a
           
             Writ
          
           of
           
             Error
             ,
          
           not
           false
           judgement
           ,
           upon
           a
           judgement
           against
           him
           in
           
             Court
          
           of
           the
           Lord
           ;
           but
           hee
           shall
           sue
           by
           bill
           ,
           and
           thereupon
           the
           Lord
           shall
           reseise
           the
           Land
           ,
           upon
           false
           judgement
           given
           by
           the
           
             Steward
             ,
          
           and
           shall
           make
           restitution
           .
        
         
           If
           one
           recover
           a
           debt
           by
           plaint
           in
           
             Court
             Baron
             ,
          
           those
           of
           the
           
             Court
          
           have
           not
           power
           to
           make
           execution
           to
           the
           Plaintiffe
           of
           the
           defendants
           goods
           ;
           but
           they
           may
           distraine
           the
           defendant
           ,
           and
           after
           the
           judgement
           retaine
           the
           distres
           in
           their
           hands
           in
           safegard
           ,
           untill
           the
           Defendant
           hath
           satisfied
           the
           Plaintiffe
           of
           that
           wherein
           hee
           is
           condemned
           by
           the
           Court
           ,
           46.
           
           
             Hen.
          
           6.
           17.
           
           See
           the
           booke
           of
           
             Entrees
          
           Fol.
           166.
           7.
           
           
             Hen.
          
           4.
           27.
           
           In
           replevin
           the
           defendant
           said
           ,
           that
           one
           
             Edward
             Besall
          
           brought
           a
           writ
           of
           
             Droit
          
           close
           against
           the
           plaintiffe
           ,
           and
           one
           other
           in
           the
           Lords
           Court
           in
           ancient
           demeasne
           ,
           and
           declared
           in
           nature
           of
           Assize
           ,
           and
           it
           was
           found
           against
           the
           plaintiffe
           ,
           and
           damages
           were
           taxed
           ;
           whereby
           the
           defendant
           being
           then
           under-Bayliffe
           ,
           
           by
           the
           Stewards
           commandement
           ,
           takes
           the
           beasts
           for
           execution
           of
           the
           damages
           ,
           and
           takes
           and
           sells
           them
           ,
           and
           delivers
           the
           monies
           to
           the
           plaintiffe
           in
           Assize
           ;
           this
           is
           a
           good
           plea
           ,
           and
           yet
           this
           is
           but
           a
           Court
           Baron
           .
           And
           Fol
           29.
           by
           
             Hull
             ;
          
           A
           man
           recovers
           ancient
           Demeasne-Lands
           ,
           and
           damages
           in
           a
           Court
           of
           ancient
           Demeasne
           ,
           the
           Bay
           liffe
           may
           take
           the
           beasts
           of
           him
           against
           whom
           the
           recovery
           is
           &c.
           for
           execution
           of
           Damages
           in
           every
           parcell
           of
           the
           Land
           holden
           of
           the
           Mannour
           ,
           although
           that
           Land
           bee
           Frank-fee
           ,
           and
           it
           is
           not
           denyed
           22.
           
           
             Assise
             .
          
           72.
           agrees
           with
           4.
           
           
             Hen.
             6.
             mes
             Kitch
             .
          
           115.
           where
           it
           is
           used
           to
           make
           execution
           by
           
             levari
             facias
             ,
          
           that
           is
           a
           good
           Custome
           .
           38.
           
           
             Ed.
          
           3.
           
           Custome
           133.
           upon
           a
           recovery
           in
           Court
           Baron
           ,
           the
           defendants
           Cattle
           were
           delivered
           in
           execution
           .
        
      
       
         
         
           
             WHERE
             A
             TENANT
             BY
          
           Coppy
           may
           plead
           a
           speciall
           Custome
           ,
           which
           is
           onely
           proper
           to
           him
           and
           his
           predecessors
           before
           him
           .
        
         
           NInth
           
             Eliz.
             Taverner
          
           was
           sued
           by
           the
           
             Lord
             Cromwel
             ,
          
           for
           that
           he
           had
           committed
           waste
           upon
           his
           
             Coppy-hold
             ;
          
           he
           pleads
           by
           the
           advice
           of
           
             Manwood
             ,
          
           that
           he
           and
           those
           who
           before
           him
           had
           the
           house
           wherein
           hee
           dwelt
           ,
           had
           such
           a
           Custome
           by
           
             Prescription
             ,
          
           that
           they
           might
           fell
           Timber
           trees
           ,
           &c.
           
           And
           many
           arguments
           were
           against
           that
           Custome
           ,
           in
           as
           much
           as
           other
           Tenants
           of
           that
           Mannour
           had
           not
           such
           a
           
             Custome
             ,
          
           but
           were
           punishable
           ,
           and
           had
           forfeited
           their
           Lands
           for
           such
           waste
           ;
           also
           that
           Custome
           was
           against
           common
           right
           ,
           and
           not
           reasonable
           ;
           and
           after
           long
           deliberation
           of
           the
           Judges
           ,
           it
           was
           adjudged
           ,
           that
           a
           Tenant
           may
           plead
           a
           particular
           
             Custome
             ,
          
           as
           if
           one
           prescribe
           to
           have
           a
           way
           in
           the
           Lords
           Land
           ,
           &c.
           
           And
           19.
           of
           
             Eliz.
          
           one
           prescribed
           that
           he
           &
           those
           of
           that
           Tenement
           his
           predecessors
           ,
           had
           used
           to
           have
           
             Common
          
           of
           estovers
           in
           another
           Mannour
           ,
           notwithstanding
           that
           the
           other
           
             Tenants
          
           have
           not
           such
           a
           
             Custome
             ,
          
           and
           it
           was
           good
           by
           the
           advice
           of
           all
           the
           Justices
           .
        
      
       
         
         
           
             WHERE
             THE
             TENANT
          
           may
           cut
           downe
           trees
           ,
           destroy
           houses
           by
           Custome
           ,
           and
           such
           like
           Customes
           ,
           &c.
           
        
         
           FOurth
           
             Ed
          
           6.
           
           Justice
           
             Dalisons
          
           Reports
           ,
           
             Sanders
          
           and
           divers
           Justices
           ;
           Tenant
           by
           Coppy
           of
           
             Court
          
           Role
           may
           prescribe
           to
           have
           Wood
           growing
           upon
           the
           Land.
           
             Montague
             ,
          
           there
           is
           such
           a
           custome
           ,
           and
           so
           used
           in
           the
           Counties
           of
           
             Mid.
          
           Northland
           and
           other
           places
           .
           
             Browne
             ,
          
           it
           hath
           beene
           heere
           agreed
           of
           late
           ,
           that
           Tenant
           by
           the
           Custome
           may
           prescribe
           to
           suffer
           their
           houses
           to
           fall
           ,
           and
           to
           destroy
           their
           houses
           ;
           so
           also
           here
           ,
           wherby
           this
           is
           a
           good
           Custome
           .
           
             Montague
             ,
          
           I
           have
           heard
           a
           Fable
           ,
           that
           a
           Tenant
           by
           the
           Custome
           may
           digge
           in
           the
           one
           part
           of
           his
           house
           ,
           and
           burne
           the
           other
           part
           ,
           by
           the
           Custome
           :
           But
           if
           you
           will
           agree
           that
           the
           Tenant
           by
           Custome
           shall
           have
           the
           Land
           against
           the
           Lords
           Will
           ,
           to
           him
           and
           his
           heires
           by
           the
           Custome
           ;
           why
           then
           may
           they
           not
           by
           the
           Custome
           cut
           downe
           Wood
           ?
           
             Sanders
             ,
          
           
           I
           agree
           to
           none
           of
           your
           cases
           .
           
             Montague
             ,
          
           surely
           in
           the
           
             Chancery
          
           it
           will
           bee
           over-ruled
           against
           you
           without
           doubt
           ,
           and
           it
           is
           necessary
           that
           an
           Act
           of
           Parliament
           bee
           made
           upon
           it
           .
        
      
       
         
           
             WHERE
             AND
             HOW
          
           Tenant
           by
           Coppy
           ,
           may
           make
           a
           Ioynture
           to
           his
           wife
           of
           the
           same
           Land.
           
        
         
           A
           Stranger
           brings
           a
           writ
           of
           right
           against
           the
           husband
           and
           wife
           ,
           in
           the
           same
           Court
           where
           the
           Land
           is
           by
           plea
           ,
           and
           the
           husband
           and
           wife
           doe
           appeare
           ,
           and
           the
           demandant
           doth
           Count
           against
           them
           ,
           and
           the
           husband
           and
           wife
           doe
           defend
           ,
           and
           say
           that
           they
           have
           more
           right
           then
           the
           demander
           ,
           and
           offer
           to
           try
           it
           by
           Battell
           ;
           and
           the
           demander
           and
           Tenants
           doe
           Imparle
           ,
           at
           which
           day
           the
           demander
           appeares
           ,
           and
           the
           husband
           and
           wife
           make
           default
           ,
           whereby
           finall
           judgement
           is
           given
           against
           them
           ;
           and
           at
           the
           same
           Court
           
           the
           Recoverer
           
             Surrenders
          
           the
           same
           Land
           into
           the
           Lords
           hands
           ,
           to
           the
           use
           of
           the
           Husband
           and
           Wife
           ,
           and
           the
           heiros
           of
           their
           two
           bobodyes
           begotten
           ;
           and
           it
           was
           said
           that
           this
           assurance
           hath
           beene
           vsed
           1.
           
           
             Ed.
             6.
             
             Dalisons
          
           reports
           .
        
         
           
             Pell
             et
             Hikden
             :
             Trin.
             36.
             
             Eliz.
             Rot
             547.
             on
          
           the
           Kings
           bench
           :
           Tenant
           in
           Tayle
           ,
           the
           
           remainder
           in
           Fee
           ,
           Tenant
           in
           Tayle
           Surrenders
           to
           the
           use
           of
           
             I.
             S.
          
           in
           Fee
           ;
           
             I.
             S.
          
           suffers
           a
           Recovery
           ,
           and
           vouches
           the
           Tenant
           in
           Tayle
           ,
           who
           vouches
           the
           common
           vouchee
           ,
           and
           by
           speciall
           Verdict
           it
           was
           found
           that
           there
           was
           never
           any
           recovery
           before
           in
           that
           manner
           ,
           and
           it
           is
           not
           yet
           adjudged
           .
           
             Gaw●y
          
           and
           
             Clinch
             ,
          
           that
           the
           recovery
           can
           not
           be
           a
           Barre
           ,
           for
           warranty
           can
           not
           be
           anexed
           to
           an
           estate
           at
           will
           ;
           also
           he
           shall
           not
           recover
           in
           value
           ,
           because
           of
           the
           estate
           at
           will.
           
             Fenner
          
           and
           
             Popham
          
           chiefe
           Justice
           to
           the
           contrary
           ,
           and
           that
           warranty
           may
           be
           annexed
           to
           Coppy-hold
           Land
           ,
           though
           it
           bee
           an
           estate
           at
           will
           of
           the
           Lord
           ;
           but
           as
           it
           is
           an
           estate
           in
           Fee
           ,
           performing
           the
           services
           and
           duties
           ,
           the
           Law
           will
           account
           them
           Tenants
           in
           Fee
           :
           Also
           recovery
           in
           value
           ,
           being
           but
           a
           fiction
           in
           Law
           ,
           
             le
             common
             vouchee
          
           shall
           bee
           accounted
           to
           have
           the
           Land
           in
           value
           of
           the
           Coppy-hold
           ,
           within
           
           the
           Mannour
           :
           and
           the
           Vouchee
           23.
           
           
             Hen.
             8.
             
             Br.
             Recovery
          
           in
           value
           27.
           that
           such
           a
           Recovery
           is
           used
           in
           ancient
           demeasne
           upon
           a
           writ
           of
           right
           ,
           and
           Voucher
           over
           ,
           and
           that
           of
           a
           Free-hold
           there
           ;
           yet
           enquire
           of
           such
           a
           Recovery
           upon
           a
           plaint
           ,
           there
           of
           Land
           of
           Base
           Tenure
           ,
           for
           that
           cannot
           bee
           warranted
           ,
           &c.
           
        
         
           But
           in
           the
           Common
           Bench
           ,
           in
           trespasse
           
           brought
           by
           
             Comb
             ,
          
           against
           
             Pears
          
           and
           
             Turner
             .
             Mich.
             36.
             et
             37.
             
             Eliz.
             Rot.
             14.
             
             Bromeley
             Brittain
             Hall
          
           in
           
             Essex
             :
          
           Tenant
           in
           Tayle
           of
           a
           Coppy-hold
           suffers
           a
           recovery
           with
           Voucher
           ,
           where
           no
           recovery
           was
           before
           ;
           the
           lesser
           enter
           ,
           by
           the
           Court
           ,
           that
           cannot
           be
           ,
           but
           he
           shall
           have
           a
           Formdone
           in
           discender
           ;
           for
           the
           recovery
           in
           Court
           Baron
           cannot
           availe
           ,
           because
           a
           warranty
           cannot
           bee
           anexed
           to
           an
           estate
           which
           is
           at
           the
           will
           of
           the
           Lord.
           Also
           there
           can
           bee
           no
           Recovery
           in
           value
           ,
           first
           because
           there
           can
           be
           no
           recovery
           in
           value
           of
           Lands
           out
           of
           the
           Mannour
           ,
           and
           the
           Coppy-land
           is
           at
           the
           Lords
           wil
           :
           Secondly
           Coppy-hold
           Land
           is
           granted
           by
           Coppy
           only
           ;
           and
           if
           by
           the
           Recovery
           the
           Tenant
           may
           have
           it
           ,
           the
           course
           and
           
             Custome
          
           of
           the
           seignory
           would
           be
           destroyed
           ,
           which
           shall
           not
           bee
           :
           Thirdly
           the
           Lord
           shall
           loose
           his
           fine
           ,
           and
           Fealty
           also
           ;
           for
           
           the
           Coppy
           is
           
             admissus
             est
             tenens
             ,
             &c.
             et
             Dat.
             Duo
             de
             fine
             pro
             tali
             ingressu
             ,
             &c.
             et
             fecit
             fidelitatem
             .
          
           Fourthly
           
             et
          
           Fiftly
           ,
           
             Ph.
             et
             Mar.
          
           A
           
             Coppy-holder
             Surrenders
          
           to
           the
           use
           of
           his
           wife
           for
           Life
           ,
           the
           remainder
           to
           the
           right
           heires
           of
           the
           husband
           and
           Wife
           ;
           the
           Wife
           dyes
           ,
           the
           Husband
           survives
           :
           The
           question
           is
           ,
           who
           shall
           hold
           the
           Land
           ;
           and
           it
           was
           said
           that
           if
           the
           Husband
           had
           no
           Issue
           by
           that
           Wife
           ,
           then
           his
           Heire
           shall
           have
           it
           .
        
      
       
         
         
           CERTAINE
           COPPY-HOLD
           cases
           reported
           in
           a
           cer
           
             taine
             BOOKE
             .
          
        
         
           BUt
           it
           was
           said
           there
           ,
           that
           if
           the
           Wife
           had
           Issue
           by
           another
           H●sband
           ,
           it
           was
           there
           doubted
           .
           But
           it
           was
           holden
           by
           the
           better
           opinion
           in
           
             Dier
             ,
          
           that
           the
           Husband
           and
           his
           heires
           shall
           have
           the
           Land
           ;
           yet
           if
           the
           Husband
           had
           first
           two
           sonnes
           ,
           the
           heires
           of
           the
           Husband
           ,
           and
           the
           heires
           of
           the
           Wife
           ,
           shall
           have
           the
           Land
           in
           Common
           ,
           after
           the
           decease
           of
           the
           Wife
           ,
           and
           for
           proofe
           thereof
           hee
           puts
           this
           case
           :
           If
           land
           bee
           given
           for
           Life
           ,
           the
           remaynder
           to
           two
           men
           and
           their
           heires
           ,
           they
           cannot
           have
           one
           heire
           in
           the
           case
           :
           if
           the
           Tenant
           for
           Life
           dye
           before
           them
           in
           remainder
           they
           shall
           bee
           J●●●etennants
           ,
           and
           the
           Heire
           of
           the
           surviver
           shall
           have
           all
           :
           But
           if
           none
           in
           remainder
           bee
           in
           life
           ,
           when
           the
           Tenant
           for
           life
           dyes
           ,
           then
           the
           heires
           of
           them
           in
           
           the
           remainder
           shall
           hold
           in
           common
           .
        
         
           Thirty
           seventh
           
             Henry
          
           the
           eighth
           A
           Coppy-holder
           to
           the
           intent
           to
           make
           an
           assurance
           to
           his
           Wife
           ,
           suffers
           another
           to
           bring
           a
           Writ
           of
           right
           in
           the
           Coppy
           
             Court
             ,
          
           and
           they
           joyne
           the
           Battell
           ,
           and
           at
           the
           day
           the
           Husband
           and
           Wife
           make
           default
           ,
           and
           finall
           judgement
           was
           given
           ;
           and
           after
           the
           recoverer
           Surrenders
           the
           same
           Land
           into
           the
           Lords
           hands
           ,
           to
           the
           use
           of
           the
           Husband
           and
           Wife
           and
           their
           heires
           ;
           and
           a
           good
           assurance
           
             pur
             Cur.
             
          
        
         
           A
           
             Coppy-holder
          
           makes
           a
           Lease
           at
           Will
           to
           another
           ,
           who
           commits
           Waste
           ,
           
           which
           is
           a
           cause
           of
           Forfeiture
           ;
           the
           Lessor
           brings
           an
           Action
           upon
           the
           case
           against
           the
           Lessee
           :
           By
           
             Walsh
             ,
             Weston
          
           and
           
             Dier
             ,
          
           the
           Lord
           may
           enter
           ,
           and
           have
           Trespasse
           against
           the
           Lessors
           his
           Tenant
           ;
           and
           therefore
           it
           is
           reason
           that
           hee
           shall
           bee
           recompenced
           :
           But
           the
           Lord
           shall
           have
           a
           speciall
           Writ
           of
           
             Travers
             ,
          
           and
           not
           
             vi
          
           and
           
             armis
             ,
          
           because
           the
           entry
           was
           lawfull
           .
           8.
           
             et
             9.
             
             Eliz.
             ibid.
             
          
        
         
           The
           Lord
           
             Dacres
          
           enters
           upon
           his
           
           
             Coppy-holder
             ,
          
           and
           leaseth
           it
           to
           a
           stranger
           for
           yeares
           ;
           the
           Lessee
           enters
           ,
           and
           was
           ejected
           by
           the
           
             Coppy-holder
             ,
          
           and
           hee
           brings
           a
           Writ
           of
           
             Electione
             firme
             :
          
           The
           
             Coppy-holder
          
           pleads
           that
           the
           Lands
           are
           demiseable
           
             per
             Custome
             ;
          
           and
           so
           they
           were
           at
           issue
           ;
           and
           hee
           shewed
           in
           evidence
           a
           
             Coppy
          
           made
           13.
           
           
             Henry
          
           the
           eighth
           ,
           by
           which
           a
           Tenant
           had
           surrendred
           the
           Lands
           ,
           to
           have
           and
           to
           hold
           ,
           &c.
           whose
           estate
           hee
           had
           ,
           and
           by
           another
           Tenant
           rendring
           the
           yearely
           Rents
           ,
           Customes
           ,
           and
           Services
           ;
           and
           also
           hee
           produced
           certaine
           Witnesses
           who
           proved
           the
           Land
           to
           bee
           
             Coppie
          
           by
           the
           space
           of
           69.
           yeares
           .
           The
           plaintiffe
           ,
           to
           destroy
           the
           Title
           of
           that
           evidence
           ,
           shewed
           certaine
           Rentals
           that
           they
           were
           Free
           Lands
           ,
           &c.
           
           9.
           
             et
             10.
             
             Henry
          
           7.
           and
           not
           
             Coppy
             ;
          
           and
           also
           another
           Rentall
           to
           that
           intent
           ,
           in
           12.
           
           
             Henry
          
           6.
           which
           prooved
           that
           those
           
             Lands
          
           were
           leassee
           for
           twenty
           yeares
           :
           
             Per
             Cur.
          
           this
           evidence
           doth
           not
           disproove
           the
           
             Coppy-hold
             ,
          
           for
           it
           was
           not
           within
           the
           time
           of
           memory
           ;
           but
           if
           hee
           had
           shewed
           the
           
             Indenture
          
           of
           
             Leasse
          
           made
           within
           50.
           yeares
           or
           80.
           yeares
           ,
           so
           that
           a
           man
           might
           remember
           it
           ,
           then
           it
           had
           beene
           good
           ,
           although
           the
           Statute
           of
           limitation
           extends
           not
           unto
           it
           ,
           by
           the
           Justices
           ,
           such
           evidence
           
           as
           prooves
           it
           to
           be
           within
           time
           of
           memory
           ,
           is
           good
           .
        
         
           Also
           by
           them
           ,
           if
           those
           Lands
           bee
           in
           the
           hands
           of
           the
           Lord
           by
           forfeiture
           ,
           Escheat
           ,
           or
           Surrender
           ,
           yet
           the
           Custome
           remaineth
           ;
           for
           he
           may
           demise
           them
           againe
           ,
           and
           the
           Custome
           shall
           bee
           revived
           ;
           but
           by
           some
           men
           ,
           if
           by
           Escheat
           it
           bee
           in
           the
           Lords
           hands
           ,
           the
           
             Custome
          
           is
           extinct
           .
           8.
           
             et
             9.
             
             Eliz.
             Ibidem
             .
          
        
         
           
             Addington
          
           Lord
           of
           
             Harlow
          
           in
           
             Essex
             ,
          
           would
           encrease
           the
           Fines
           of
           his
           Coppy-hold
           
           Tenants
           ,
           which
           were
           prooved
           to
           bee
           certaine
           :
           And
           it
           was
           holden
           that
           hee
           could
           not
           increase
           them
           ,
           and
           it
           shall
           be
           a
           good
           prescription
           to
           say
           ,
           alwaies
           ready
           to
           pay
           such
           a
           summe
           and
           no
           more
           .
           18.
           19.
           
           
             Eliz.
             
          
        
         
           4.
           
           
             Eliz.
          
           It
           was
           mooved
           by
           
             Manwood
          
           Sergeant
           ,
           if
           a
           Coppy-holder
           in
           Fee
           in
           right
           of
           his
           Wife
           doe
           Surrender
           ,
           the
           wife
           being
           not
           examined
           by
           the
           Steward
           ,
           but
           by
           some
           of
           the
           Tenants
           ,
           the
           
             Custome
          
           permitting
           it
           ,
           the
           Husband
           dyes
           :
           Whether
           the
           Wife
           shall
           sue
           by
           plaint
           in
           Nature
           of
           a
           
             Cui
             in
             vita
             ,
          
           or
           may
           enter
           ?
           And
           by
           him
           shee
           may
           enter
           ,
           because
           it
           is
           no
           discontinuance
           ,
           for
           that
           it
           is
           a
           
           surrender
           to
           the
           Lord
           who
           hath
           the
           reversion
           ,
           for
           if
           a
           Tenant
           in
           Tayle
           enfeoffe
           him
           in
           the
           reversion
           ;
           it
           is
           no
           discontinuance
           ;
           but
           if
           she
           had
           been
           examined
           ,
           she
           should
           have
           bin
           barred
           for
           ever
           .
        
         
           And
           
             Dier
             ,
          
           if
           a
           Coppy-holder
           in
           Tayle
           surrender
           to
           the
           Lord
           to
           the
           use
           of
           a
           stranger
           ,
           the
           Issue
           may
           bring
           a
           plaint
           in
           Nature
           of
           a
           Formdone
           in
           discender
           ,
           and
           purge
           the
           discontinuance
           ,
           for
           it
           is
           within
           the
           statute
           
             De
             donis
             Conditionalibus
             ,
             Lit
             Fo.
             16.
             
             Com
             233.
             15
             
             Hen.
             8
             Br.
             tit
             .
             Tenant
             per
             Copie
          
           24.
           
        
         
           And
           by
           
             Manwood
             ,
          
           no
           negative
           prescription
           may
           prevaile
           against
           a
           statute
           :
           And
           the
           Common
           Law
           is
           no
           other
           but
           an
           ancient
           usage
           throughout
           all
           the
           Realme
           ;
           and
           a
           prime
           Custome
           may
           encounter
           with
           it
           ,
           but
           not
           with
           a
           statute
           .
        
         
           And
           by
           
             Dier
             ,
          
           if
           after
           the
           Surrender
           the
           Lord
           admit
           the
           Wife
           againe
           ,
           yet
           shee
           shall
           be
           in
           by
           her
           Husband
           in
           construction
           of
           the
           Law.
           
        
         
           Coppy-hold
           of
           inheritance
           discends
           unto
           two
           sisters
           by
           two
           venters
           ,
           none
           of
           them
           making
           entry
           ,
           and
           before
           the
           Court
           and
           admission
           
           one
           of
           them
           dyes
           ,
           her
           heire
           shall
           have
           the
           moyty
           ,
           and
           not
           the
           other
           sister
           ,
           by
           
             Dier
          
           chiefe
           Justice
           in
           the
           Chancery
           .
        
         
           Also
           if
           a
           Coppy-holder
           in
           Taile
           Surrender
           to
           another
           in
           Fee
           ,
           who
           is
           admitted
           ,
           this
           is
           a
           discontinuance
           ,
           and
           so
           the
           Husband
           of
           his
           Wifes
           Coppy-hold
           :
           And
           h●
           said
           ,
           that
           a
           remitter
           shall
           be
           of
           a
           
             Copy-hold
             ,
          
           as
           it
           shal
           be
           of
           a
           Freehold
           and
           inheritance
           at
           the
           common
           Law.
           13.
           
             et
             14.
             
             Eliz.
             
          
        
         
           In
           the
           
             Duch●●
          
           it
           was
           in
           question
           ;
           whether
           a
           Coppy-hold
           may
           be
           entayled
           or
           not
           ?
           And
           by
           
             Wray
          
           chiefe
           Justice
           ,
           and
           
             Manwood
          
           chiefe
           Baron
           ;
           the
           Tayle
           was
           not
           Fee
           simple
           at
           the
           Common
           Law
           ,
           if
           it
           did
           not
           appeare
           by
           the
           Custome
           ,
           and
           that
           may
           bee
           prooved
           by
           the
           Court
           Roles
           ,
           or
           by
           some
           other
           proofe
           that
           there
           is
           a
           recovery
           by
           plaint
           of
           Formedon
           ,
           or
           the
           Lands
           had
           descended
           according
           to
           Land
           in
           Tayle
           ,
           as
           
             possessio
             fratris
          
           shall
           not
           be
           of
           it
           ,
           or
           that
           that
           the
           Daughter
           shall
           not
           inherit
           ,
           before
           the
           sonne
           which
           is
           unckle
           to
           the
           same
           .
           
             Egerton
          
           was
           of
           counsell
           with
           this
           case
           ,
           which
           was
           betweene
           
             Sherington
          
           and
           an
           other
           .
           22.
           
           
             Eliz.
             
          
        
         
           
             Hanchet
          
           and
           
             Rosse
          
           concerning
           land
           of
           Dicot
           in
           Stepping
           
             Hackney
             ,
          
           a
           Coppy-holder
           of
           
           inheritance
           dies
           ,
           the
           Lord
           grants
           the
           wardship
           of
           the
           Land
           ,
           during
           the
           minority
           of
           the
           heire
           ,
           to
           the
           Wife
           being
           sole
           ;
           shee
           takes
           a
           Husband
           and
           dyes
           :
           It
           was
           demanded
           whether
           the
           Husband
           should
           have
           it
           or
           not
           ?
           And
           it
           seemed
           not
           ,
           but
           if
           it
           had
           beene
           a
           thing
           in
           which
           he
           had
           intrest
           to
           his
           owne
           use
           ,
           that
           he
           should
           have
           it
           ,
           as
           a
           Lease
           for
           yeares
           ,
           the
           executor
           shall
           have
           it
           without
           admittance
           of
           the
           Lord
           ,
           so
           the
           Husband
           shall
           have
           a
           Lease
           for
           yeares
           made
           to
           his
           Wife
           ,
           without
           admission
           .
        
         
           By
           all
           the
           Justices
           .
           17.
           
           
             Eliz.
          
           If
           a
           Coppy-holder
           in
           Fee
           take
           an
           estate
           in
           Tayle
           by
           Charter-hold
           ,
           or
           take
           a
           Lease
           for
           yeares
           by
           Indenture
           ,
           his
           Coppy-hold
           is
           confounded
           .
        
         
           7.
           
             et
             8.
             
             Eliz.
          
           by
           
             Harpour
          
           and
           others
           ;
           a
           Lessee
           for
           yeares
           of
           a
           Mannour
           may
           make
           Coppyes
           ,
           (
           if
           the
           Custome
           be
           so
           )
           to
           a
           man
           and
           his
           heires
           
             secundum
             consuetudinem
             ,
             &c.
          
           for
           if
           the
           Coppy-holder
           in
           Fee
           dye
           ,
           his
           heire
           is
           in
           by
           descent
           ,
           and
           ought
           to
           be
           admitted
           ,
           or
           els
           he
           shall
           compell
           the
           Lord
           to
           admit
           him
           ,
           for
           for
           it
           is
           of
           necessity
           .
           But
           Coppies
           for
           life
           or
           yeeres
           it
           is
           otherwise
           ,
           for
           by
           the
           death
           of
           the
           Tenant
           ,
           there
           is
           not
           any
           that
           can
           compell
           the
           
           Lord
           to
           make
           him
           a
           new
           Copy
           if
           he
           will
           not
           ,
           but
           hee
           may
           retaine
           the
           Land
           in
           his
           owne
           hands
           ,
           and
           therefore
           the
           grants
           of
           such
           Coppyes
           as
           are
           expired
           ,
           made
           by
           a
           lessee
           for
           yeares
           ,
           are
           void
           .
        
      
       
         
           26.
           
           ELIZ.
           
        
         
           FIrst
           ,
           Land
           Demiseable
           ,
           by
           Coppy
           in
           the
           time
           of
           
             Richard
          
           the
           second
           ,
           is
           perfect
           Coppy-hold
           ;
           so
           if
           it
           bee
           demised
           by
           
             Coppy
          
           15.
           or
           16
           yeares
           .
        
         
           Secondly
           ,
           If
           the
           Lord
           purchase
           the
           Coppihold
           of
           his
           Tenant
           money
           ,
           this
           is
           clearly
           a
           surrender
           ,
           and
           an
           extinguishment
           of
           the
           Coppy
           ,
           and
           it
           is
           not
           demiseable
           by
           
             Coppy
          
           after
           :
           But
           if
           the
           Lord
           enter
           for
           forfeiture
           without
           presentment
           found
           ,
           that
           is
           demiseable
           by
           Coppy
           againe
           .
        
         
           Thirdly
           ,
           If
           the
           Lord
           bring
           Trespas
           against
           a
           Coppy-holder
           ,
           who
           pleads
           that
           it
           is
           Free
           
           hold
           ,
           this
           is
           a
           Forfeiture
           ,
           and
           the
           Lord
           may
           enter
           .
        
         
           Fourthly
           ,
           the
           Lord
           cannot
           seise
           ,
           because
           his
           
             Coppy-holder
          
           was
           sworne
           to
           give
           evidence
           against
           him
           ,
           for
           this
           is
           no
           forfeiture
           .
        
         
           Fiftly
           ,
           if
           a
           
             Coppy-holder
          
           disseise
           his
           Lord
           of
           other
           Land
           ,
           that
           is
           not
           a
           forfeiture
           of
           the
           Coppy-hold
           .
        
         
           Sixtly
           ,
           if
           a
           Coppy-holder
           dye
           without
           heire
           ,
           and
           the
           Lord
           enter
           by
           escheat
           ,
           this
           is
           demiseable
           by
           Coppy
           againe
           ;
           but
           if
           the
           Lord
           afterwards
           doe
           make
           a
           feoffment
           ,
           or
           suffer
           a
           recovery
           ,
           and
           after
           doe
           repurchase
           it
           ,
           it
           is
           not
           demiseable
           ;
           but
           if
           the
           
             Lord
          
           reverse
           the
           Judgement
           upon
           recovery
           by
           error
           ,
           attaint
           ,
           or
           deceit
           ,
           and
           hath
           restitution
           ,
           then
           it
           is
           demiseable
           by
           Coppy
           againe
           .
        
         
           A
           disseisin
           doth
           not
           extinguish
           the
           Custome
           ,
           nor
           acts
           done
           by
           the
           disseisor
           .
        
         
           Seventhly
           ,
           if
           a
           Coppy-holder
           suffer
           a
           recovery
           by
           prescript
           at
           common
           Law
           by
           collusion
           ,
           or
           make
           a
           Feofment
           ,
           or
           bargaine
           and
           sale
           ,
           and
           the
           Lord
           enters
           and
           makes
           a
           lease
           for
           yeares
           thereof
           ;
           the
           Land
           is
           not
           demiseable
           by
           Coppy
           againe
           .
        
         
         
           Eighthly
           ,
           if
           a
           Coppy-holder
           surrender
           his
           Land
           ,
           to
           the
           intent
           that
           a
           stranger
           shall
           have
           the
           Rent
           out
           of
           it
           by
           Coppy
           ;
           it
           is
           no
           good
           Coppy-hold
           Rent
           .
        
         
           Ninthly
           ,
           if
           there
           bee
           two
           joyn-tenants
           in
           Common
           of
           a
           Mannour
           ;
           and
           a
           Coppy-holder
           surrenders
           to
           the
           use
           of
           one
           ,
           this
           is
           not
           Coppy-hold
           Land.
           
        
         
           Tenthly
           ,
           if
           the
           Husband
           and
           Wife
           bee
           joynt-coppy-holders
           of
           the
           purchase
           of
           the
           husband
           during
           Coverture
           ,
           and
           the
           Husband
           is
           attainted
           of
           Felony
           and
           dyeth
           ,
           this
           is
           not
           a
           Forfeiture
           of
           any
           part
           of
           the
           Coppy-hold
           ;
           but
           if
           the
           purchase
           was
           made
           before
           the
           coverture
           ,
           then
           it
           is
           a
           Forfeiture
           of
           the
           moyty
           .
        
         
           Eleventh
           ,
           If
           two
           Coppy-holders
           exchange
           by
           licence
           ,
           and
           after
           the
           part
           of
           the
           one
           is
           recovered
           by
           an
           elder
           title
           ,
           he
           may
           enter
           in
           the
           Land
           which
           the
           other
           hath
           in
           exchange
           .
        
         
           Twelvth
           ,
           If
           two
           Coperceners
           Coppy-holders
           make
           partition
           ,
           and
           the
           one
           is
           impleaded
           and
           doth
           loose
           by
           just
           title
           ,
           and
           the
           recoverer
           enters
           into
           the
           Land
           ,
           shee
           cannot
           enter
           upon
           her
           sister
           ,
           because
           she
           did
           
           not
           pray
           in
           aide
           for
           the
           rate
           .
           A
           feme
           Covert
           Joynt
           Coppy-holder
           with
           another
           in
           Fee
           ,
           may
           surrender
           her
           moyty
           to
           the
           use
           of
           her
           Husband
           and
           it
           is
           good
           .
        
         
           Thirteenth
           ,
           the
           Kings
           Steward
           without
           ny
           patent
           of
           his
           Office
           seiseth
           divers
           Coppy-holds
           ,
           and
           afterwards
           the
           Lord
           Treasurer
           and
           those
           of
           the
           
             Exchequer
          
           doe
           lease
           the
           same
           Land
           for
           yeares
           ;
           and
           thereupon
           it
           was
           moved
           ,
           whether
           Coppies
           made
           by
           the
           Steward
           without
           patent
           were
           good
           ?
           and
           the
           Lord
           
             Dier
          
           thought
           they
           were
           good
           
             Copyes
             ;
          
           but
           in
           the
           
             Exchequer
          
           the
           Barons
           were
           of
           another
           opinion
           .
        
         
           Fourteenth
           ,
           a
           man
           seised
           of
           a
           Mannour
           ,
           to
           which
           Coppy-holders
           for
           yeares
           and
           others
           are
           belonging
           ,
           hee
           deviseth
           by
           testament
           the
           same
           Mannour
           to
           a
           ceraine
           person
           for
           payment
           of
           his
           debts
           ,
           during
           which
           time
           divers
           Coppyes
           expire
           ,
           and
           the
           devisees
           grant
           new
           Coppyes
           ,
           and
           afterwards
           during
           the
           terme
           ,
           the
           devisees
           grant
           in
           reversion
           ,
           and
           a
           particular
           Tenant
           surrenders
           in
           
             Court
          
           to
           the
           use
           of
           the
           grantee
           ,
           and
           after
           the
           wife
           of
           the
           devisor
           recovers
           in
           Dower
           part
           of
           the
           Mannour
           ,
           and
           hath
           execution
           of
           those
           
             Coppy-holds
          
           assigned
           by
           the
           Sheriffe
           for
           her
           Dower
           :
           And
           it
           was
           mooved
           ,
           whether
           the
           Wife
           shall
           
           avoid
           those
           Coppyes
           made
           by
           the
           devisees
           ?
           And
           
             Browne
          
           Justice
           was
           of
           opinion
           that
           no
           ;
           to
           which
           
             Weston
          
           agreed
           ,
           for
           they
           said
           ,
           that
           those
           are
           ordinary
           things
           ,
           and
           which
           must
           bee
           done
           of
           necessity
           by
           force
           of
           the
           Custome
           ,
           and
           not
           any
           deede
           or
           new
           charge
           created
           by
           the
           devisees
           ,
           who
           are
           but
           officers
           to
           execute
           the
           Custome
           which
           of
           necessity
           must
           bee
           done
           ,
           for
           they
           cannot
           bee
           made
           by
           any
           others
           who
           have
           the
           possession
           of
           the
           Mannour
           ;
           for
           it
           hath
           beene
           adjudged
           ,
           that
           such
           Coppyes
           and
           ordinary
           things
           ,
           as
           presentment
           to
           a
           Church
           made
           by
           a
           disseisor
           ,
           or
           by
           a
           Lessee
           for
           Life
           or
           Yeares
           shall
           stand
           good
           ,
           and
           shall
           not
           bee
           avoided
           by
           reason
           of
           the
           necessity
           :
           but
           other
           charges
           created
           by
           the
           Heire
           after
           the
           death
           of
           the
           Huband
           ,
           as
           a
           Lease
           for
           yeares
           Rent
           charge
           in
           which
           there
           is
           no
           such
           necssity
           ,
           the
           Tenant
           in
           dowre
           shall
           discharge
           them
           ,
           and
           although
           the
           Wife
           shall
           bee
           adjudged
           in
           by
           her
           husband
           ,
           yet
           shee
           shall
           not
           have
           those
           things
           which
           chance
           before
           assignment
           of
           her
           dower
           .
           If
           a
           wardship
           fall
           ,
           or
           an
           avoidance
           of
           a
           
             Church
             ,
          
           or
           a
           villaine
           regardant
           hath
           purchased
           ,
           and
           the
           heire
           enters
           ,
           or
           presents
           ,
           these
           things
           the
           heire
           shall
           have
           ,
           and
           not
           the
           Tenant
           in
           Dowre
           ,
           and
           it
           may
           be
           that
           the
           wife
           will
           never
           sue
           for
           her
           dower
           ,
           or
           peradventure
           
           she
           shall
           have
           other
           Mannours
           assigned
           her
           for
           the
           same
           .
           And
           as
           to
           the
           reason
           ,
           that
           it
           is
           not
           a
           thing
           of
           necessity
           to
           grant
           Coppies
           in
           reversion
           ,
           yet
           they
           were
           of
           opinion
           that
           because
           the
           
             Custome
          
           doth
           allow
           it
           ,
           it
           is
           
             Custome
             ley
             ,
          
           and
           therefore
           it
           may
           bee
           put
           in
           execution
           :
           for
           the
           
             Custome
          
           is
           annexed
           unto
           the
           Land
           ,
           and
           not
           unto
           the
           interest
           of
           the
           Lord.
           But
           
             Wray
          
           said
           ,
           that
           of
           estates
           that
           are
           to
           
             Coppyholders
          
           and
           their
           heires
           according
           to
           the
           Custome
           of
           the
           Mannour
           ,
           if
           such
           a
           Coppy-holder
           dye
           without
           heire
           ,
           the
           Custome
           is
           determined
           .
           If
           such
           a
           Lessor
           for
           life
           or
           yeares
           of
           the
           same
           Mannour
           grant
           new
           Coppyes
           ,
           they
           are
           not
           good
           ,
           and
           so
           there
           is
           a
           diversity
           .
        
         
           A
           man
           cannot
           devise
           that
           his
           friends
           shall
           make
           Coppyes
           or
           hold
           Courts
           ,
           for
           none
           shall
           make
           Coppye
           :
           but
           he
           that
           is
           Lord
           of
           the
           Mannour
           ,
           and
           hath
           an
           interest
           .
        
         
           The
           Lord
           of
           the
           Mannour
           shall
           have
           the
           government
           of
           the
           Coppy-hold
           during
           the
           infancy
           of
           his
           Tenant
           :
           Executors
           shall
           have
           a
           Lease
           for
           yeares
           of
           Coppy-hold
           Land
           without
           any
           new
           admittance
           .
        
         
           The
           Husband
           of
           a
           Wife
           that
           is
           Coppy-holder
           for
           yeares
           ,
           shall
           not
           bee
           newly
           admitted
           after
           the
           death
           of
           the
           
             Wife
             ,
          
           nor
           bee
           tenant
           by
           the
           courtesie
           .
        
         
         
           Where
           inheritance
           of
           a
           
             Coppy-hold
          
           descends
           ,
           the
           heire
           may
           enter
           without
           admittance
           ;
           but
           it
           was
           a
           doubt
           whether
           he
           should
           have
           an
           action
           of
           Traverse
           against
           a
           stranger
           before
           admittance
           ;
           for
           before
           admittance
           he
           is
           not
           properly
           Tenant
           ;
           if
           such
           an
           heire
           will
           not
           come
           to
           the
           next
           
             Court
             ,
          
           the
           Lord
           may
           make
           proces
           against
           him
           .
        
         
           A
           
             Coppy-holder
          
           shall
           have
           Traverse
           against
           his
           Lord
           ,
           paying
           his
           Services
           and
           customes
           .
        
         
           If
           erronious
           judgement
           be
           given
           against
           a
           
             Coppy-holder
          
           in
           the
           Lords
           Court
           ,
           the
           Lord
           in
           his
           Court
           may
           reverse
           it
           ,
           for
           it
           is
           not
           amendable
           in
           any
           other
           place
           or
           Court.
           
        
         
           If
           the
           Lesse
           of
           a
           Coppy-hold
           commit
           waste
           and
           the
           Lord
           seiseth
           for
           forfeiture
           ;
           the
           Coppy-holder
           shall
           not
           have
           an
           action
           of
           waste
           against
           his
           Lessee
           ,
           as
           if
           Tenant
           for
           life
           make
           a
           Lease
           for
           yeares
           ,
           which
           Lessee
           maketh
           waste
           ,
           and
           the
           Lessor
           recovers
           ,
           the
           Tenant
           for
           Life
           shall
           not
           have
           an
           action
           of
           the
           Case
           ,
           but
           is
           without
           remedy
           ;
           for
           it
           was
           his
           folly
           that
           hee
           would
           not
           have
           a
           Collatterall
           covenant
           of
           the
           Lessee
           that
           he
           should
           doe
           no
           waste
           .
        
         
           A
           Coppy-hold
           is
           not
           forfeit
           for
           heresie
           ,
           by
           the
           last
           of
           2.
           
           
             Hen.
          
           5.
           
        
         
           A
           Coppy-holder
           is
           not
           Ter-tenant
           ,
           but
           is
           Tenant
           at
           the
           Lords
           will
           ;
           and
           a
           Coppi-hold
           is
           not
           bound
           by
           the
           statute
           of
           Wills
           nor
           of
           
           Tines
           ,
           nor
           of
           Limitations
        
         
           A
           
             Coppy-hold
          
           shall
           not
           be
           extended
           by
           a
           statute
           ,
           Marchant
           or
           Staple
           .
        
         
           The
           Husband
           and
           Wife
           being
           seised
           of
           a
           Mannour
           to
           them
           and
           the
           heires
           of
           the
           Husband
           ;
           hee
           grants
           a
           Rent
           charge
           out
           of
           it
           ,
           and
           dyes
           ,
           the
           
             Coppy-holder
          
           surrenders
           ,
           the
           Wife
           makes
           another
           
             Coppie
          
           and
           dyes
           ,
           the
           grantee
           shall
           distraine
           upon
           the
           
             Coppy-hold
             .
          
        
         
           If
           the
           Lord
           of
           a
           Mannour
           hath
           a
           great
           waste
           ,
           and
           grants
           a
           rent
           charge
           out
           of
           the
           same
           ,
           and
           the
           
             Coppy-holders
          
           have
           
             Common
          
           in
           the
           waste
           ,
           and
           they
           put
           in
           their
           
             Cattell
             ,
          
           the
           grantee
           shall
           distraine
           them
           ,
           if
           they
           cannot
           make
           prescription
           .
        
         
           If
           a
           
             Coppy-holder
          
           surrender
           to
           the
           use
           of
           another
           and
           the
           Lord
           will
           not
           admit
           him
           ,
           nor
           make
           a
           grant
           unto
           him
           ,
           the
           surrender
           is
           void
           .
        
         
           If
           there
           be
           two
           Joynt
           
             Coppy-holders
             ,
          
           and
           the
           one
           commits
           a
           forfeiture
           ,
           he
           shall
           forfeit
           but
           the
           Moyty
           .
        
         
           Lessee
           for
           yeares
           ofa
           
             Coppy-hold
          
           shall
           have
           an
           
             eiectione
             firme
             ;
          
           by
           
             Plowden
          
           and
           others
           .
        
         
           If
           there
           be
           a
           Lease
           for
           yeares
           of
           a
           Mannour
           ,
           and
           one
           Coppy-holder
           purchase
           the
           reversion
           in
           ,
           fee
           ,
           this
           is
           a
           destruction
           of
           the
           Coppy-hold
           ,
           and
           the
           Lessee
           of
           the
           Mannour
           may
           put
           him
           out
           ,
           and
           occupy
           during
           his
           terme
           .
           8.
           
           
             Eliz.
          
           adjudged
           .
        
         
           A
           Coppy-holder
           purchaseth
           the
           Mannour
           to
           him
           and
           another
           in
           fee
           ,
           the
           companion
           may
           occupy
           the
           Coppy-hold
           joyntlyp
           resently
           14.
           
           
             Eliz.
             
          
        
         
         
           
             Nota
             ,
          
           it
           was
           agreed
           in
           the
           common
           Bench.
           21.
           
           
             Eliz.
          
           that
           the
           Bay
           liffe
           of
           a
           hundred
           or
           of
           a
           base
           Court
           ,
           may
           take
           goods
           upon
           
             levari
             facias
             ,
          
           to
           give
           execution
           to
           the
           plaintife
           ,
           as
           well
           as
           the
           Sheriffe
           ;
           yet
           they
           agreed
           that
           divers
           Bookes
           are
           against
           it
           .
           4.
           
           
             Hen.
          
           6.
           22.
           
        
         
           Two
           Joint
           Copy-holders
           in
           Fee
           make
           a
           partition
           ,
           that
           is
           good
           ,
           and
           no
           forfeiture
           ,
           nor
           alienation
           .
           12.
           
           
             Eliz.
          
           agreed
           in
           duchie
           chamber
           .
        
         
           If
           a
           Coppy-holder
           surrender
           ,
           and
           then
           the
           Lord
           doth
           acknowledge
           a
           statute
           marchant
           ,
           and
           after
           the
           Lord
           grants
           it
           by
           Coppy
           ,
           the
           Coppy-hold
           is
           liable
           ,
           for
           at
           the
           time
           of
           the
           knowledgment
           it
           was
           annexed
           to
           the
           free
           hold
           ;
           but
           if
           a
           
             Coppy-holder
          
           acknowledge
           a
           statute
           ,
           that
           is
           not
           liable
           .
        
         
           If
           a
           man
           enter
           with
           force
           upon
           a
           
             Coppyholder
             ,
          
           he
           shall
           not
           have
           forceable
           entrey
           ,
           nor
           indictment
           ,
           but
           the
           Lord
           shall
           have
           it
           ,
           and
           upon
           restitution
           to
           the
           Lord
           the
           
             Coppy-holder
          
           shall
           enter
           .
        
         
           The
           Lord
           grants
           to
           a
           
             Coppy-holder
          
           his
           trees
           growing
           ,
           or
           that
           shall
           be
           growing
           upon
           the
           Land
           ,
           he
           may
           fell
           trees
           now
           growing
           ,
           and
           no
           forfeiture
           ,
           by
           reason
           of
           the
           dispensation
           ,
           but
           he
           cannot
           cut
           the
           trees
           which
           shall
           grow
           in
           time
           to
           come
           .
        
         
           If
           the
           disseisor
           of
           a
           Mannour
           make
           
             Coppyes
          
           for
           life
           ,
           and
           the
           disseisee
           enter
           ,
           he
           shall
           defeat
           them
           ,
           but
           of
           
             Coppy-holds
          
           in
           fee
           before
           disseisin
           ,
           and
           a
           new
           ●●●nt
           of
           them
           upon
           Surrender
           in
           time
           of
           disseisin
           ,
           it
           is
           otherwise
           
             per
             Plowden
             .
          
        
         
           
             Popham
          
           in
           
             Case
             Ramsey
             vers
             .
             Arthurs
             .
          
           29.
           
           
           
             Eliz.
          
           A
           
             Coppy-holder
          
           may
           prescribe
           to
           have
           common
           in
           the
           Lords
           Land.
           
        
         
           If
           a
           
             Coppy-holder
          
           surrender
           to
           the
           use
           of
           another
           ,
           and
           the
           Lord
           grant
           it
           to
           
             cesty
             que
             use
             ,
          
           making
           no
           mention
           of
           the
           surrender
           ,
           yet
           it
           is
           good
           ,
           
             per
             Plowden
          
           in
           
             Batlands
          
           case
           .
        
         
           If
           there
           be
           a
           Mannour
           consisting
           of
           demeasnes
           ,
           Free
           hold
           and
           
             Customary
          
           Tenements
           ;
           if
           the
           Lord
           grant
           certaine
           of
           the
           
             Coppy-holds
          
           in
           Fee
           ,
           the
           grantee
           may
           keepe
           
             Court
             ,
          
           and
           do
           homage
           ,
           and
           the
           
             Coppy-holders
          
           by
           their
           othes
           may
           make
           presentments
           of
           their
           Customes
           ,
           or
           of
           the
           death
           of
           any
           Tenant
           ,
           and
           the
           grantee
           may
           make
           in
           
             Court
          
           a
           new
           estate
           by
           
             Coppy
             ,
          
           as
           if
           it
           should
           bee
           a
           perfect
           Mannour
           ;
           
             mes
          
           the
           stile
           shall
           not
           be
           ,
           
             Curia
             Manerij
             ,
          
           but
           
             Curia
             halimoti
             ,
             id
             est
             ,
             Convocatio
             tenentium
             ,
          
           for
           when
           they
           are
           assembled
           ,
           they
           may
           enforme
           the
           Lord
           of
           their
           Customes
           and
           duties
           .
           It
           was
           otherwise
           adjudged
           in
           the
           
             Com
             bench
             .
             29
             Eliz.
          
           between
           
             Dodington
          
           and
           
             Chaffin
          
           for
           parcell
           of
           the
           Mannour
           of
           
             M.
             
          
        
         
           It
           was
           adjudged
           in
           the
           common
           Bench
           29.
           
           
             Eliz.
          
           that
           where
           Sir
           
             Peter
             Carew
          
           bein
           solely
           seised
           of
           the
           Mannour
           of
           
             M.
          
           in
           the
           County
           of
           
             Devonshire
          
           for
           Life
           ;
           granted
           a
           Coppie
           in
           reversion
           according
           to
           the
           Custome
           of
           the
           Mannour
           ,
           and
           dyed
           before
           the
           praticular
           Coppy-holder
           ,
           this
           is
           a
           good
           Coppy
           in
           reversion
           against
           the
           Lord
           ,
           in
           whose
           hands
           soever
           the
           
             Signory
             should
             come
             .
          
        
         
           FINIS
           .
        
      
    
     
       
         
         
           Errata
           .
        
         
           
             FOl.
             4.
             line
          
           8.
           for
           preferred
           ,
           reade
           preserved
           ,
           
             l.
          
           14.
           for
           and
           read
           Ayde
           :
           &
           in
           the
           beginning
           of
           the
           
             l.
          
           for
           as
           read
           and.
           Fol.
           6.
           l.
           23.
           for
           compelied
           read
           expell
           .
           d
           ,
           
             l.
          
           24.
           for
           transgression
           re
           .
           trespasse
           ,
           
             f
             7.
             l.
          
           17.
           for
           
             Bract
          
           re
           .
           
             Brooke
             f
             ,
             8
             l
             6.
             re
             .
          
           shall
           be
           accounted
           as
           able
           to
           be
           ,
           
             l.
          
           16.
           for
           Coppyholders
           
             re
             .
          
           Coppyhold
           ,
           
             l.
          
           19.
           for
           divisable
           
             re
             .
          
           demisable
           ,
           
             l.
          
           27.
           for
           Tenements
           
             re
             .
          
           Tenants
           ,
           
             f.
             9.
             l.
          
           2.
           for
           Tenements
           
             re
             .
          
           Tenants
           ,
           
             l.
          
           23.
           leave
           our
           (
           it
           )
           
             f.
             15.
             l.
          
           19.
           for
           offer
           
             re
             .
          
           affeere
           ,
           
             f.
             17.
             l.
             9.
             re
             .
          
           a
           particular
           right
           ,
           
             f.
             18.
             l.
          
           9.
           for
           M.
           1.
           
             re
             .
             Westm
             .
             1
             f.
             20.
             l.
          
           9.
           for
           
             eiusmodi
          
           re
           .
           
             talem
             ,
          
           last
           
             li.
          
           for
           
             clausa
             .
             re
             .
             causa
             ,
             f.
             21.
             l.
          
           4.
           for
           accident
           
             re
             .
          
           incident
           ,
           
             f.
             23
             l.
          
           4.
           for
           commonly
           is
           lands
           ,
           
             re
             .
          
           commonly
           is
           in
           lands
           ,
           
             l.
          
           23.
           for
           custome
           
             Haryots
             ,
          
           re
           .
           custome
           of
           
             Harryots
             ,
             l.
          
           24.
           for
           of
           common
           Aestovers
           
             re
             .
          
           common
           of
           Aestovers
           ,
           
             f.
             25.
             l.
          
           4.
           for
           deceased
           ,
           
             re
             .
          
           disseised
           ,
           
             l.
          
           13.
           for
           is
           uncertaine
           ,
           
             re
             .
          
           is
           so
           uncertaine
           ,
           
             f.
             28.
             l.
             7.
          
           for
           both
           to
           discusse
           ,
           
             re
             .
          
           both
           be
           to
           discusse
           ,
           
             f.
             29.
             l.
          
           3.
           for
           transgresse
           ,
           
             re
             .
          
           trespasse
           in
           divers
           places
           ,
           
             l.
          
           13.
           for
           or
           services
           ,
           
             re
             .
          
           doing
           services
           ,
           
             l.
          
           15.
           for
           prescribe
           ,
           
             re
             .
          
           to
           prescribe
           .
        
         
      
       
         Notes, typically marginal, from the original text
         
           Notes for div A17593-e130
           
             Statutes
             and
             Parliament
             Lawes
             .
          
           
             In
             the
             case
             of
             
               Mounson
            
             on
             
               Aston
               .
            
          
           
             By
             the
             Report
             of
             
               Denham
            
             of
             LincolnsInne
             
          
        
         
           Notes for div A17593-e2520
           
             The
             division
             of
             Customes
             .
          
        
         
           Notes for div A17593-e2840
           
             1
             
          
           
             2
             
          
           
             3
             
          
           
             4
             
          
           
             5.
             
          
        
         
           Notes for div A17593-e4770
           
             42.
             
             Henry
             4.
             
             Avowry
             66
             14.
             
             Hen.
             4.
             
             Behon
             .
          
           
             ●om
             .
             Little.
             pla●●
             21.
             2
             
               et
               Yaxley
               5.
               
               H.
            
             7
             19.
             
             B2
             .
             
               R.
               3.
               16
               13.
               
               Hen.
            
             7.
             16.
             
             D.
             St.
             47.
             2.
             
             
               Ed.
            
             4.
             17.
             
          
        
         
           Notes for div A17593-e6640
           
             
               Infant
               Itin
               Covert
            
             Lunatte
             Nemy
             13.
             
             Eliz.
             Dier
             301
             
          
        
         
           Notes for div A17593-e7270
           
             By
             
               S●rgeant
            
             Wal●●●●ly
             12.
             
             Eliz.
             291
             292.
             
          
           
             30.
             
             Hen.
             8
             ,
             Dicr
             42.
             16.
             
               there
            
          
           
             In
             Trespas
             by
             
               Hagger
            
             against
             
               Felston
               .
            
          
        
         
           Notes for div A17593-e7680
           
             Mis-fesans
             .
          
           
             Non-fesans
             .
          
           
             Fineable
             .
          
        
         
           Notes for div A17593-e8970
           
             In
             Mons●●r
             〈…〉
             in
             Court
             Baron
             ,
             may
             defeat
             an
             entayle
             B
             
               Regis
               2.
               
               Coment
               .
            
             21.
             
          
           
             Adjudged
             in
             the
             Common
             Bench
             ,
             that
             a
             recovery
             cannot
             binde
             an
             entaile
             .
          
        
         
           Notes for div A17593-e9260
           
             A
             Coppy-holder
             brings
             an
             action
             upon
             the
             case
             against
             lessee
             for
             wast
             and
             good
             .
          
           
             The
             Lord
             cannot
             increase
             a
             fine
             which
             is
             certaine
             .