THE RELATION BETWEEN THE LORD OF A MANOR AND THE COPPYHOLDER His TENANT. Delivered in the Learned Readins of the late Excellent and Famous Lawyer, CHAR. CALTHROPE of the Honourable Society of Lincolns-inn Esq Whereby it doth appear for what causes a Coppyholder may forfeit his Copyhold Estate, and for what not; and likewise what Lord can grant a Copy, and to whom.  
Published for the good of the Lords of Manors, 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 Cook and are to be sold at his shop near Furnivals' Inn gate in Holborn. 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, do grow by the obscure knowledge what Law & Custom judgeth in these matters of Copyhold: moveth me to show some part of my Travails in these points, not thereby to animate Copyhold Tenants which would by too much advancing their Tenure, pretend only to be Tenants by Custom, and not Tenants at Will, nor to encourage any Copyhold Lord, which could by too much abasing these Tenors, pretend to have such Copyholders' only Tenants at Will, and not regard their customs, but to prove unto you, that as their Title and name showeth they are Tenants at will, and Tenants by Custom in their Land, and they consist both of their Lords Will and Custom of the Manor in their degrees. And that this Will and Custom be contained within the Limits of Law and reason, according to such rules as shall be hereafter declared.  
First I will show what a Copyhold is, then whereof it doth consist, and what estimation the same is of, by the Antiquity of time, and by the Laws and Statutes of this Realm.  
Master Littleton in his first book of Tewres, defineth a Tenant by Copy of Court Role, and to be where a man is seized of a Manor, in which is a Custom that hath been used time out of mind, that certain Tenants of the same Manor have used, to have certain Lands and Tenements to hold to them▪ and their heirs, in Fee Simple, Fee Taile, or for Life at the will of the Lord after the Custom of the Mannonr: And that they have no other evidence but the Rolls of the Court, by which definition, and by certain other observations of the Law it may be gathered, that a Copyhold doth consist of these six principal grounds, or Circumstances. (viz.)  
First, there must be a Manor, for the maintenance of Copyhold.  
Secondly, a custom for the allowing of the same.  
Thirdly, there must be a Court holden for the proof of the Copyholders'.  
Fourthly, there must be a Lord to give the Copyhold.  
Fiftly, there must be a Tenant of Capacity to take the Tenement.  
Lastly, the thing to be granted which must be such as is grantable, and may be held of the Lord according to the Tenure.  
But first before I speak of these Circumstances, I will briefly declare unto you the Dignity and Estimation of Copyholders', by the Antiquity, and allowance of time, and by the Laws and Statutes of this Realm.  
It appeareth by a certain book entitled De priscis anglor: legibus: Translated out of Saxon Tongue by Master Lambert of Lincoln's Inn; 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 Book, in the Treatise De rerum & Verborum explicatione; and by Master BRACTON an Ancient Writer of the Laws of ENGLAND, who in his Book Writeth diverse precedents and Records of King Henry; of allowance, Copi-holders' or Customary Tenants that do their due services, the Lords might not expel 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 special writ for that purpose, and the Lord thereby compelled to do right. And in the time of Henry the fourth, Tenants by the Verge, 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 King's 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 been in times past. Now I will further proceed in some particular use of these Tenors, according to the Laws and Statutes of this Realm: And because I find 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 Term Coppi-holders' is but a new Term, newly found out, & that in old time they were called Tenants in Uilenage, or base Tenure; and this saith he, doth appear in the old Tenors, for no Copyholders' are there spoken of, although there were at that time such Tenants. But than saith, they were called Tennats in Vilenage and saith, as appeareth 44. Henry 4. If a false judgement be given against them, in the Lord's Court, they shall have no remedy, but sue to their Lord by petition, because to hold by Copy of Court Role, which is as he saith base Tenure, is to hold in Villeinage, which said opinion of Fitz-Herbert, have been by diverse wrested, to make no diversity between Tenure in Villeinage, and Tenure, by Copy of Court Role or base Tenure, wherein whatsoever interpretation may be made, Master Fitz Herbert's meaning is very plain, and the Book of the old Tenors, is to be far otherwise understood: as also I suppose, all other Authorities in our Law do make and appoint difference between the Tenors. And first touching the Book of the old Tenors it is plain, that the Book maketh a plain distinction between Tenure in Villeinage, and Tenure in Fee Base, which is understood this Tenure by Copyhold, and calleth it a Fee although a base Fee, and maketh divers distinctions between them, and saith, that the Tenants in Villeinage must do all such things as their Lord will command them. But otherwise, it is of the Tenants in Base Fee. And this it seemeth the said Book of old Tenure; to be by Mr. Fitzherbert mis-recited, which I am the bolder to affirm, saving the due reverence to his Learning: because one Mr. Thornton of Lincoln's Inn, a man very learned in his late Reading there upon the Statute of Forger facts: Speaking of Forging Court Roles, did plainly affirm the Book of the old Tenors to be mistaken by Mr. Fitzherbert in this point. And beside, for the further credit of Coppy-holds, we ought to consider the great Authority of Mr. Littleton, who amongst the rest of his Tenors, doth make a divided Chapter thereof, differing from his Tenement in Villeinage, showing there the Suits and Plaints of Copyholders', saying that they have an Estate of Inheritance according to the Custom: And delivereth his own opinion, that if a Coppyholder doing his Services be compelled by the Lord, he shall have an Action of Transgression. And saith, that Danby and Brian 21. Ed. 4. were of the same Mind, according to which is Bracton, and the said Precedents of Hen. 3. and the Writ used in Tempore, R. 2. besides many other reasons at the Common-Law, etc. proving that by use and circumstance things may alter and change their original nature.  
As for example, the service of Socage Tenure was at the beginning, (as Mr. Littleton saith) to Till the Lord's Land, etc. 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 said 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 gain more liberty and freedom, 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. prescript. Bract. That a man that did at the first of his own mere benevolence repair a high way or a Bridge by often using, was afterwards compelled volens nolens. Even so it may be said of the Copyholders', who at the first held but at the free will of the Lord; yet now by usage and continual granting time out of mind, they have gotten an estate after the Custom, that doing their Services, and behaving themselves well, they cannot by Law or Reason be put from them. Thus much for the allowance of Copyholders' 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. 
Statutes and Parliament Laws.  4. & 19 Hen. 7. 23. That a Coppyholder that may dispend twenty six shillings eight pence by the year shall be Empanelled on a jury, as he that may dispend twenty shillings by the year of Free Lands. And by the Statute of the 2. Ed. 6. cap. 8. the Interest of Copyholders' are Reserved, being found by Office after the Death of the King's 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. preserve Coppy-holds from dissolving. And it will seem that Copyholders' are for the Commonwealth, and therefore to be maintained, for that some have been erected and established by Parliament, which were not the visible by Copy before, as appear by the Statutes 32 Hen. 8. 2. 2. Ed. 32.  
What shall be said, a Manor and a Manor as will maintain a Copyhold. A Manor consisteth in two parts (viz.) Demesnes and Services, and neither of these two parts hath the name of a Manor without the other: for as a Message or Lands cannot be called Demesnes without Tenements thereunto belonging, to pay Rents and do Services, but doth still bear the name of Message or Lands: So on the other part, though a Man have Tenements to pay him Rents, and do him Services, and no Message or Lands whereupon to keep his Court, and to receive his Rents and Services, this cannot be called a Manor, but only a Signiory in gross. Fitz. na. brev. s. 3. &. 8.  
Demeans are so called, for that the Lord himself occupieth and manureth them In son main Demean. But all Lands that have been in the Lords own hands, be not called Demeans, for all Free-holds and Coppy-holds were in his own hands at the beginning. But Demeans is that which is now, and time our of Mind have been in the Lords hands, or occupation of his Bay life or Servants: And that also which ancient Copyhold may be to some purpose called Demesnes, because in every Surrender in Manus Domini, and every grant extra manus Domini, the Lord hath a meddling with it, and may thereupon keep his Court, and for the most part cut down Timber, and such like: And that it is also called Demesnes, which now is in the Lords hands by any new Escheat or Forfeiture. And also the Lands which are in the hands of the Copyholders', is such a Demean as with other Services will make a Manor, though the Lord hath none other demeans there in his own hands, nor in the hands of his Bailiff, or servants Services, as with a Demean shall make a Manor to maintain: Coppy-holds is where a man holdeth Lands or Tenements freely to suit to the Court of the Lord of the Manor within the said Fee: But yet every kind of Service will not make a Manor, 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 tail, or leaseth it for Life or Years, saving the Reversion: here is a Service of Fealty incident to this Tenure, between the Donor 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 Manor. For if a man at this Day be seized of twenty Acres of Land, and Enfeffeth nineteen several persons of nineteen of these Acres, saving the twentieth to himself, and reserveth of every of his Fcofees suit 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 tail or of Lives, yet all is void, and availeth not to make a Manor. But it maketh only a Tenure in gross, for a Tenure may by diverse means be created at this Day; but a Manor by no way, by a Common person. Blow. Com. 2. 693.  
A Manor must be by Prescription, and the Services by Continuance, time out of mind.  
But although a man at this Day cannot make a Manor, yet he may in some sort enlarge a Manor by adding more Services unto it. 9 Ass. A man seized of a Manor did give parcel of the same to hold of him by Suit to his Mill within the same Manor, for this Service the Lord may distrain, and it is their held to be accounted parcel of the Manor.  
In like manner, a man may by reserving upon a gift, entail, or Lease for Life: Services engross, 
In the case of Mounson on Aston.  increase the Services of an ancient Manor. Signior grant le Demesnes & Services deal son Manor de Norkelsey etc. 
By the Report of Denham of LincolnsInne  extend en altar Town per le melior opinion des Iustices de Common Bank le grantee, etc. keep a Court there, and so a Manor to be created at this Day.  
What shall be said, a Manor or a Tenure in his proper nature or Common-Law, and what in respect of Usage or Custom to maintain Copyholders'.  
It is to be noted, that although a Manor of his proper aught to consist of demeans and services, yet in some cases that may be a Manor, and maintain Copyholders', and a Court Baron, by usage and custom, which otherwise by Common Law is no Manor, nor cannot so be called, etc.  
A man seized of a Manor, whereunto be diverse free Tenants, diverse Copyholders', and diverse special Customary Tenants, and the Customary Tenants, do hold to give attendance on the Free holder's at the Lords Court. All the Free Tenants die saving one, the Lord doth bargain and sell the Manor to an Estranger▪ This is now in respect of the Free Tenements, a Tenure, and no Manor, in respect of the Copyholders', both a Manor, and Tenure, and in respect of the Customary Tenements, neither Manor, nor Tenure.  
If diverse do hold Lands, to dine with the Lord every Sunday in the year; this maketh neither good Tenure, nor Manor.  
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 diverse do hold Lands by Copy of the Manor of D. and so have done time out of mind, and by the like time there hath been no Free holder's to the said Manor, Although this be no Manor in his proper nature, yet by usage it is a good Manor to maintain Coppy-holds.  
A man seized of a Manor, which time out of mind hath been called by the name of the Manor of S. and doth demise the same by the name of the Manor of S. this is good.  
If a man seized of a Manor, whereto be six Free holder's, and six Villains Regardants: The six Free holder's die having Issue six daughters, the Villains enterrary with them, yet the same is a Manor, and the villains thereto regardant.  
If a man seized of a Manor, whereto he hath Leet, and wreck of the sea by prescription, all the Tenancyes Escheat, yet the Leete and the wreck still remain, and it is a Manor to that purpose.  
If diverse do hold Lands by prescription to find the Lord's man's meat, and hounds meat, when he cometh to hunt the Fox in the said Lands; this maketh a good Tenure, but no good Manor: If diverse do hold Lands to do suit and service at the Lords Court, This is most properly such service as maketh a Manor: but if it be to do suit and service at the Lords Couri, when it pleaseth themselves, this is neither Manor nor Tenure. If diverse do hold Lands to repair a High way within a mile compass, without the bounds of the Lord of the Manor, this makes a good Tenure, but no Manor. But to repair or mend the ways within the Precinct of the Manor, is good to enlarge the Manor.  
If diverse do hold Lands to pray for the prosperous Estate of the Lord and his Heirs; this maketh a Tenure, but no good Manor.  
If diverse do hold Lands of the Lord to wait upon him at twenty days warning, twenty miles distant from the Manor, this maketh a good Service, but no good Tenure. But if it be to wait upon the Lord within the said Manor, by certain space, this maketh both a good Tenure, and a good Manor.  
If diverse hold Lands to beat or kill the Lords Tenants that shall do Trespass on the Lords Demesnes, this is neither good Tenure nor good Manor. But if it be to beat and kill the King's enemies, that shall do so, this maketh both a good Tenure, and a good Manor.  
If Divers hold Lands by Prescription to do Service to the Lord, to his Court of the said Manor, twenty miles distant at a place certain. This is both a good Tenure and a good Manor. But if it be to do Service to his Court at another Manor, this without Prescription, cannot be severance from the first Manor.  
If Divers do hold to come to the Lords Court, and there to do nothing, this maketh neither good Tenure nor good Manor. 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 Manor.  
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 Manor. What shall be said, a good Custom to be able to maintain Coppy-holds.  
A Custom to make a Copyhold, must be of necessity in the same Manor, where the said Coppy-holds are so granted, viz. That the same Lands are, and time out of mind have been only Demised and Demisable by Copy of Court Role: for otherwise the Lord cannot grant it by Copy, because he cannot begin a Custom at this Day. But if it have been by like time granted by Copy, though sithence it came to the Lords hands; yet if the Lord never Demise the same by Free Deed nor otherwise, but by Copy, than he may well grant again the same by Copy, for it is neither the person of the Lord, nor the occupation of the Land, that either maketh or marreth the Copyhold. But only the usage and manner of Demising the same, for the prescription of a Coppyholder consisteth neither in the Land, nor in the Occupier, but only in the Usage of the Demising.   

THE DIVISION OF CUSTOMS.  
viz. 

Customs.  
Prescriptions.  
Usage, and  
Limitation.    
THese four though they be in some confounded 
The division of Customs.  together, and indeed are of great Affinity; yet there be diverse differences in their several natures between them.  
Custom is where by continuance of time, a Right is obtained concerning diverse persons in common.  
Prescription is where by continuance of time one particular person obtaineth Right against an other.  
Usage is by continuance of time the efficient cause of them both.  
Limitation is where a right may be obtained, by reason of a non claim, by the space of a certain number of years, differing in the Account of time, from custom and prescription.  
But what measure of time shall make a Custom; diverse have differed in opinion; some judging the same to be according to the Computation of years, from the time of K. Ed. 1. until the Statute of M. 1. which appointeth the limitation in a writ of right: The account of which time unto the said Statute, from the said K. time is 76. years, others have thought a hundred years maketh a prescription, because in old time an hundred years was accounted a Fee simple.  
But the true measure thereof according to Master Littleton's Rule, is where a Custom, or Usage, or other things have been used, so long as man's 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 proof to the contrary.  
And by this it appeareth that Customs, and prescriptions, resteth only in the memory of man, & limitation consisteth only of a certain time, which hath a certain beginning and of certain ending, and is not directed by man's memory, wherein is meant limitation of time, and not limitation of estates.  
If Lands have been demised by Copy by the space of 60. years, and yet there be some alive, that remembreth the same occupied by Indenture, this is not a good Copyhold.  
And if Lands have been demised by Copy but 40 years, and there is none alive that can remember the same to be otherwise demised: This is a good Copyhold, for the number of years makes not the matter, but the memory of man. And it is not 60. 80. or 100 years that maketh a Coppyhold or a custom, though it makes a limitation. But such certain number of years makes only a likelihood, or presumption of a prescription; that is, that it commonly happeneth not that any man's memory alive, can remember alone such a number of years. But if any chance to be alive, that remembreth the contrary, than such prescription must give place to such proof.  
Custom hath certain special virtues in itself; which for the more estimation thereof, I will shortly show according to certain precepts and principals allowed by all Laws, both by the Law of God, the Law of of Nature, and the Law of Nations, and by the private Law of every Country: as by the Law of GOD it is said: Si quis videtur contentiosus esse nos eiusmode Consuetudinem non habemus, nec ecclesia Dei, which proveth that the Scripture, and the Church of God do attribute some what to good customs, though not to evil: And by the Law of Nature, Consuetudo est altera natura. And by the Law of Nations, Consuetudo est optima legum interpres. And by the Laws of this Realm, Princes at their Coronation are sworn, as well to keep the custom of this Land, as the Laws of this Land, which Law doth attribute so much to custom, that sometimes it is admitted to derogate from the Custom Law, for Consuetudo bona de clausausitata et approbata, private Communem Legem.   

WHEREOF CUSTOM doth Consist.  
Custom 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 Custom: Which are these.  
FIrst, it must be reasonable, as it appeareth 
1  2. Ed. 4. 24.  
SEcondly, it must be certain, as appeareth 
2  3. Ed. 3. 13. Ed. 3. 4.  
Dum fuit infra aetatem. 3. 14. Ed. 3. 4. 14. H. 4.  
THirdly, it must be according to Common 
3  right. 42. Ed. 3. 4.  
FOurthly, it must be on good consideration. 
4  5. Hen. 7. 9 42. Ed. 3.  
FIftly, it must be compulsary: 42. Ed. 3. 
5.  Avow 66.  
Sixthly, it must be without prejudice to the King. 3. Hen. 6. Custom Fits. Hen. 2. 22. Ed. 3. Prescription. 40.  
SEventhly, it must be to his profit that claimeth the same. 31. Ed. 3. Prescription 40. et 28.  
Usage is the efficient cause, both of Custom and Prescription; for without usage, there can be neither Custom or Prescription, for even as the mind is to man, so is usage to Custom. And as you see there be diverse varieties of minds in men, so are there many varieties of Customs as you see varieties of Countries, and yet all men perfect, and all Customs perfect: some say that have their minds affected according to the Constitution of their bodies: And so have Countries their Customs, according to the Constitution of the place; as in Kent, and in North Wales, because those Countries have been most subject to foreign invasions, that every man there, may be 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 Realm for whom government. Lest equalty is best.  
The inheritance wholly descendeth to the eldest brother: And in Borough English which is in diverse Boroughs, because their substance commonly is Lands, and in such Towns, Lands may be the better preserved then goods, therefore their youngest sons shall only have their Lands, and as it is in those great parts of the Realm, so it is in diverse private parts and Manors, and diverse private and special customs. As some Manors have Copyhold of inheritance, some for life, or lives: in some Manor the Copy-holders' surender in one manner, and in some in an other sort: In some the Fine is Arbitrable: And in some Certain, et sic in similibus.  
The usage of every Custom doth not rest to be yearly, daily, or continually used, but as the equality, and the nature of the thing whereof the Custom is, doth require, as Custom Harryots when they fall, of Shacts and Foldage, in their season of Common Estovers in their time, and for Copyholders', whose Fines are certain, yet at one time to pay a greater Fine then at an other, and all these are good Customs, though they cannot be used at all times, for Customs may be sometimes used, sometimes not used, sometimes altered, and sometimes not, and therefore in Custom you may see there is (user, non user) Abuser and interuser.  
User is, when according to time and occasion a Custom is used.  
Non user is when for want of time and occasionor, through negligence, or forgetfulness a Custom is not used.  
Abuser is that, which user doth nourish, a Custom and non abuser tolerate a Custom, so doth abuser destroy a Custom, and yet in some cases, a Custom may be sometimes used in one sort, and sometimes in an other. And yet a good Custom, if there be good considerations of the exchanging thereof all times, and this I call enteruser.  
If there be a Copyhold, of an Ancient demean, and this Land is forfeited to the Lord by waste, and thereupon a seizure awarded thereof, and yet the Lord doth suffer the Tenant still to occupy it, by the space of 20. years, without receiving any rent for the same, and after grants the said Land to the Tenant by Copy. This grant is good and a good User of the Copy hold. But if after the said seizure awarded, an Estranger had entered and Disseised him of his Land, and made a Feoffment in Fee thereof; And after the Lord re-entreth, and grants the same again by Copy 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 Copyhold Tenants, sometime to take for a Fine twopences, or sometimes fourepences for an Acre, sometimes twelve pence an Acre, this User is so uncertain, that it maketh the Fine arbitrable at the Lords will.  
If the Lord of a Manor have used time out of mind, to admit his Copyhold Tenants without Fine, this usage shall bind the Lord, as well as a Fine certain.  
If the Lord have used to have certain work-days of his Tenants, and that hath not been used by the space of twenty years' last passed; 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 lieth in Pasture, to pay their Rents in Money, this is a good Interuser.  
If the Tenants have used to pay to their Lord every fourth year a double Rent, and every sixth year an half Rent, this is a good Interuser.  
If the Tenants have used to have Common of Pasture in their Lords Woods, for their Horse-cattles, and they put in their Neate-cattles, 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 than if they have Common for a certain number of Beasts in the Lords Soil; and they will exceed the number; this abuse by their Surcharging, is only fineable, and no Forfeiture.  
If a man have a Market to be used one Day in a Week, the Non-user thereof is not forfeiture. And if a man have a Market to be used on the Friday, and he keepeth the same Friday and Monday, the Mis-user of the Monday is no forfeiture of the Friday.  
If a Man have a fair to be used two day and he keeps it three days, this abuser is a Forfeiture.  
If a man have a Fair for one Day, and he will keep it two days, and that is presented in the Exchequer: If the party being called by Process, do claim both days by Patent, upon sight whereof it appears 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 Fair yearly upon Bartholomew day, and if the same doc fall out on the Sunday, then to keep the same the next Day following, this is a good Prescription.  
If the King do 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 do 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 Town, and give them by the same Patent Special Franchises and Liberties, the abuser of the one of these, is a forfeiture of them all.   

THAT EVERY CUSTOM must be reasonable; and what shall be said, A reasonable Custom.  
EVery good Custom is grounded upon good Reason, and that shall be said in Reason a good Custom, that in reason is a good Law; for Law and Custom be of that affinity, as both doth allow like reason, and both doth forbid like inconveniences. And the final effect of both to Discuss and to discern every man's true right, and to give to every man that which is his own. For although Custom 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 Custom is to maintain the like reason that Law doth, and to avoid the like inconveniences.  
And therefore if a Lord will Prescribe to have such a Custom within his Manor, that if the Beasts of any of his Tenants do him any Transgress upon any of his Demesnes, and there be taken damagefezant, that then he may detain them until the owner shall satisfy him for his harms, as himself shall require. This is no reasonable Custom that he should be his own Judge. But to Prescribe, that if any of the Copyholders' Beasts transgress, etc. That the same be presented at his Court, that there should be a forfeiture of his Copyhold, this may be called a reasonable Custom.  
If Tenants of a Manor will Prescribe to hold without paying any Rents or Services for their Coppy-holds, this is no good Custom. 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 himself, this is not good. But to Prescribe never to hold a Court for the Special good of any one Tenant, except the same Tenant will pay him a fine for the same, is good and allowable.   

THAT EVERY CUSTOM ought to be certain; and what shall be said, a Custom certain.  
THere is nothing more required in all Laws and Customs, than certainty; for incertainty in all cases maketh confusion, and therefore Law and Custom doth also agree in this point, that without some kind of certainty, neither Law nor Custom can be good: for in diverse cases, where one thing may be taken to diverse 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 void. And incertainty of Customs and customary causes, grows chiefly three manner of ways. 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 Manor will prescribe, that whensoever any of his Copyholders' die without Heirs, that one other of the Copyholders' of the same Manor shall Till the Land for the year following; and therefore this is no good Custom, because the intent neither is, nor can be certain, which of the Tenants shall perform this Service.  
But if the Custom be, that if a Coppyholder dye without Heir, that then the eldest Tenant of that name, of the said Manor, shall have this Land; this is a good Custom, and containeth in itself sufficient certainty.  
If a Coppyholder do Surrender two Acres of Land into the Lord's 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 shall have the one Acre, and who shall have the other, the limitation of this use is void, for this incertainty.  
If a Copyhold be Surrendered to the use of I. S. and his Heirs, until he shall marry A. G. and after the said marriage, then to the use of them two in tail special, if after they do marry, then is the Surrender to them in tail, and till then, to him in Fee.  
If the Lord will prescribe to have of his Copyholders' in the time of peace twopences an Acre of Rent, and in the time of War four 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 twopences an Acre Rend when he will, and fourepences an Acre Rend when he will, this is no good Prescription, because there is neither good reason nor consideration hereof, nor can it ever be reduced into any certainty.   

THAT CUSTOM MU be according to Common right: And what shall be said such a Custom, and what not.  
Customs and Prescriptions, must be according 
42. Henry 4. Avowry 66 14. Hen. 4. Behon.  to Common right, that is to prescribe, that is to have such things as is their right, and reasonto have, and not by Custom 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 Copyholders', for every Court that shall be kept upon the Manor a certain sum of money; this is no prescription according to common right; because he ought for Justice sake to do it gratis.  
And so it is if the Sheriff will prescribe to have a certain Fee, for keeping his Turn, this is not a good prescription.  
But if the Lord will prescribe to have a certain Fee of his Tenants for any extraordinary Court purchased, only for the benefit of one Tenant, as for one Tenant to take his Copyhold, or such like, this is a good prescription according to the common right.  
If the Lord will have of any of his Tenants 
●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.  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 Copyholders within his Manor 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 CUSTOM must be upon a good Consideration, and what shall be said such a Custom, and what not.  
COnsideration is a great effect in all Laws and Customs, and hath as great an an operation, as any one thing belonging to the Law, for in most causes it only guideth and directeth Rights, properties, uses, and estates, sometimes according to the limitation, and sometimes contrary to the limitation, as well in cases of Custom, as in cases of common Law; for consideration is the beginning of all Custom, the ground of all uses, the reason of all rights, and the cause of all duties: For without Consideration no Custom can have continuance; nothing is wrought by any conveyance, no interest transferred, no right removed, no property changed, nor duty accrued. As if the Lord of a Manor will prescribe, that whosoever passeth the King's high way, which lieth through his Manor, shall pay to the Lord of the Manor twelvepences for his passage. This prescription is not upon good Consideration: But if he prescribe to have a penny of every one that passeth over such a Bridge, which the Lord of the Manor doth use to repair, this is good prescription upon good consideration. If the Lord will prescribe to have a Fine at the Marriage of his Copyhold Tenants, in which the Custom doth not admit the husband to be Tenant by courtesy, nor the Wife to be Tenant in Dowry, or have her Widow's estate; the prescription of such a Fine is not good: But in such Manor where the Custom doth admit such particular estates, there a prescription for a Fine at the Marriage of his Copyholders', is upon good consideration.  
If a Copyhold 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 Coppyholder 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 be in consideration, that the stranger shall pay such sum of money, at such a day, though the money be not paid, yet the Surrenderer standeth good.  
If the Coppyholder in consideration of twenty pounds to be paid 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 Copy, and not to the use of N. R. But if in the Copy the use be expressed to N. R. and no consideration mentioned, the use expressed shall stand against any consideration to be averred.   

THAT A CUSTOM MU be compulsary; and what shall be said such a Custom, and what not.  
Custom or Law must be Compulsary; and not at the liberty of a man, whether he will perform it or not; for than it were of no force; for all Customs and Laws have their effect in two points. That is, in bidding that which is just, and in forbidding the contrary: So that Laws and Customs are refrainers of liberties, and do demand execution of Justice; not that every man should have, or do what they would; but that which by Justice they ought, whereunto by duty of Law and Custom, he 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 month, to bear charges in time of War; this is no good Prescription. But to prescribe that they ought to pay ten shillings, a month, etc. this is good. For payment is compulsary, but gift is Voluntary.  
If a Coppyholder do Surrender his Land to the use of S. so that the said 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 conditional, because the compulsary.  
But many Customs there are which at the beginning were Voluntary, and now by continuance are grown Compulsary. According to the Civil 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 CUSTOM MU be without prejudice to the King, and by what prescription the King shall be bound, and what not.  
THE King hath that Prerogative over his Subjects, that he is not tied to time as a common person is, for though a common person may lose his right by non claim within a certain time, the Kings right is still to be preserved, for Nullum tempus occurrit Regi. Yet in special cases where the King is not Entitled against such prescription by matter of Record, there such Customs shall bind the King.  
As for example, if a Coppyholder prescribeth that he holdeth of the King by Copy, this is good, and by fine certain, and not arbitrable: to have Waife and Strays, and Wreck (but not Cattalla feloni fugitorum,) and utlagatorum without Charters.  
The King's Advowson shall never fall into lapse for not presenting within six months.   

THAT A CUSTOM AUGHT to consist of perdurablenesse of Estate, and of an able capacity.  
TO those former parts whereupon I have declared a good Custom to consist, may be added to either parts, viz. That he which will claim by Custom, must have a sufficient and perdurable estate to prescribe; and also in his own right, or in some others, a sufficient ability or capacity to prescribe.  
Touching the first, it is to be understood that he which will prescribe, must have a certain and indefeazable estate, and not otherwise. As if a Tenant at Will, or at Sufferance, after he hath occupied the Land for ten years, will prescribe to have the same for ten years, this is not good. But a Tenant at Will after the Custom, although he came in at the first by the Lords will, yet doing and paying that which he ought, he may prescribe to hold the Land whether the Lord will or no: And although a Coppyholder may prescribe in this form against his Lord, yet against an Estranger, for a common or such like kind of profit, he cannot prescribe, b●t in the right of the Lord: neither yet can a Tenant for life, or for years, prescribe in the right of their own Estate only, because it lacketh continuance to make a custom or prescription (except) in some cases of necessity, the Lord of a Manor, or of a Patronage for years or life, may grant a Copy in perpetuity or presentation for a longer time than the estate of the Grantor doth continue, and this is admitted, causa necessitatis, and not jure prescriptionis.  
To the second, Capacity must be in himself 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, Manor, 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 Politic, 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 Soil of S. this is no good prescription; for that they be not Incorporate, they must prescribe that H. Lord of the Manor of Dale, for him and his Tenans within the said Manor, have used to have Common within the sai Soil: 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 he and his Ancestors have had such an Annuity, this is not good: But if a Bishop do prescribe that he and his predecessors have had such an annuity this is good.  
The pleading of Prescription must be used in form of Law, as other matters that be pleadable, and form must be used (likewise) in pleading of Coppy-holds, and other Customary Titles for avoiding of confusion and discord, as well as in other cases of the Common Law, the form of pleading prescription doth differ as the quality of the thing, whereof prescription is made, and sometimes doth differ, as the persons do differ which make the prescription: As if a Coppyholder makes his Title to his Land by prescription; he must plead that the same Land is, and hath been time out of mind Demised and Demiseable, by the Copy of Court Role; according to the custom of the Manor whereof it is holden.  
If two men as younger 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 mind, have been parted and partable between Heirs males.  
So if the youngest Son maketh his Title to Land in Borough English, he must plead, that time out of mind, the Custom of the said Manor hath been, that when, or at what time soever, a Copy holder dyeth Seized of any Copyhold Lands in the same Manor, having diverse Sons, that the same hath used jure Hereditario, to descend unto the youngest Son, etc.  
And as the form doth differ in the things whereof 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 Manor in him and them which were Lord of that Manor.  
A Sheriff, in him and those which have been Sheriffs of the same County.  
A Steward of a Manor in him and those which have been Stewards there.  
A Free holder in him and them which have been Stewards to the said Lord.  
A Coppyholder shall Prescribe against an Estranger, that the Lord of the Manor, for him and his Tenants at will, have used the like, etc.   

WHAT NECESSITY A Court Baron is of, whereof it doth Consist, how it is defined, and what shall be said a sufficient Court Role to make a Copyhold.  
EVery Mavour hath a Court Baron incident to it, of common right, and common necessity, and this Court Baron consisteth of four special parts viz. The Lord, the Steward, the Tenants, and the Bailiff.  
A Court Baron is defined to be an assembly of these parts together, within the said Manor, to take Council, care, and inquire of causes concerning the same Manor: to see justice duly executed, the acts and ordinances there done to be recorded in the Rolls of the same Court, which Rolls are the evidence of all ordinances duties, customs, and conveyances, the Lord and Tenants of the said Manor, and are to be entered by the Steward or an Officer indifferent between the Lord and his Tenants, and the same Rolls to remain with the Lord, thereby to know his Tenants, his Rents, and his Fines, his Customs, and his services.  
And the particular grant of every Copyhold, to be coppyed out of the Rolls, the copies thereof to be delivered to every particular Tenant, neither can they make any other Title to their said Tennements, but by their said Copy.  
If the Lord of the Manor having Copyhold Lands Surrendered into his hands, will in the presence of his Tenants out of the Court, grant the same to an other, and the Steward entereth the same into the Court Book, and maketh thereof a Copy to the grantee, and the Lord dye before the next Court, this is no good Copy to hold the Land.  
But if the same Surrender, and grant be presented at the next Court, in the life of the Lord, and the grantee admitted Tenant, and a Copy made to him, this is good Copy.  
If the Lord of a Manor having ancient Copyhold in his hands, will by a deed of Feoffment, or by a Fine grant this Land to one to hold at the will of the Lord, according to the Custom, yet this cannot make a good Copyhold.  
If the Lord in open Court doth grant a Copyhold Land, and the Steward maketh no entry thereof in the Court Roles, this is not good, though it be never so public done, nor no Collateral proof can make it good.  
But if the Tenant have no Copy made unto him out of the Role, or if he lose his Copy, yet the Rolls is still a sufficient title for his Copyhold, if the Rolls be also lost, yet it seemeth that by proof he can make this good.  
If Ordinances or by Laws be newly made, and Recorded in the Rolls of the Court, if the Court Roles be lost, the by Laws be set at liberty, yet if there be any ancient customs or privileges by Prescriptions not entered in the Rolls, etc. though the Rolls be lost, yet they remain good.   

WHO SHALL BE SAID such a Lord of a Manor as hath power to grant a Copyhold.  
A Lord to grant or allow a Copyhold, must be such a one, as by Littleton's definition is seized of a Manor, so that he must be in possession at the time of the grant, for although he have good right and title, yet if he be not in possession of the Manor, it will not serve: and on the other side, if he be in possession of the Manor, though he have neither right nor title thereunto, yet in many cases the grant and allowance of such a Copy, is good as Donus de facto, sed non deiure. And in some cases a Copyhold shall be adjudged good, according to the largeness of the state of the Lord that granted the same, and in some cases shall continue good for a longer time than 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 seized of a Manor, in which are diverse Coppy-holds demisable for lives, is diseased, and the desessor granteth a Copyhold, being void, for three lives; this is not good to bind the Desseased, otherwise it is of a Copyhold of Inheritance, because it is necessary to admit the next heir.  
If a man have a Title to enter into a Manor for a condition broken, and he granteth a Copyhold of the same Manor (being void) at a Court Baron, this is a good grant, for the keeping of the Court amounteth to an entre in the manor.  
A man seized of a Manor for life, whereunto bee Copyhold Inheritance belonging, and one Coppyholder Surrendereth to the use of a stranger in Fee, the Lord may grant this in Fee, and this Grant shall bind him in the reversion, but the Coppy-holds being demisable for lives, it is otherwise, for than he cannot upon Surrender grant the same, longer than the life of the Grantor. But if the Lord of a Manor for years, 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 void for three lives, at his pleasure, and this shall bind him in the Reversion, or the heir at his full age.   

WHO SHALL BE SAID such a Tenant as may be a COPPYHOLDER.  
ALthough there seemeth some show of difference between Copyholders', and Customary Tenants, yet differ not they so much in nature, as in name, for although some be called Copyholders', some Customary, some Tenants by the Virg, some base Tenants, some bound Tenants, and some by one name, and some by another; yet do they all agree in substance and kind of Tenure, though differ in some ceremonies and kind of serving, and therefore the name is not the matter, but the Tenure.  
He shall be said a person sufficient to 
Infant Itin Covert Lunatte Nemy 13. Eliz. Dier 301  be a Coppyholder, who is of himself able, or by an other to do the service of a Coppyholder; as an infant may be a Coppyholder for his Garden, and prochein any may do the service; so may a feme Covert, and her husband shall do the service: But a lunatic, or Idiot cannot be a Coppyholder, because they cannot do the service themselves, nor depute any other: and the Lord shall retain the Copyhold of an Idiot, and not the Queen.  
A Bondman or alien born may be a Coppyholder, and the King or Lord cannot seize the same.  
But a man cannot be a Coppyholder unto a Manor, whereof he himself is Lord, although he be but Dominus pro termino annorum, or in jureuxoris.   

WHAT SHALL BE SAID such Lands or other things as demisable by Copy, and may be holden by Copy.  
IT may be said of Copyhold Lands, as is afore said of the Tenants; they may differ in name, but not in nature: As some called Copyhold Lands, some customary Lands, some bound Lands, some base Lands, some ancient Lands, some demean Lands, some increase Lands, some Mollendes, some waste Lands, some work Lands, some loose Lands, and some Verge Lands.  
And although Copyhold Lands be specially so called, because it is holden by Copdy of Court Role; Customary Lands because of some special Custom; Bond Lands because of the bond, Tenure, Base Lands because of Base Tenure, ancient Lands because of the old demise, demean Lands because of its new demise, and late being the Lords own Manor; Increased Lands, because it is late purchased, and laid to the Manor: Mollands, because it is holden by easy rents, or no rents at all, waste Land, because it hath been lately approved out of the waste of the Manor, Work Lands, such as hath common appendent belonging to it, Lose Land, because it is holden by uncertainty, Rents and Verge Land, because it is holden by the Veirge: Yet all the said lands are holden in one general kind, that is by Custom and Continuance of Time, and their diversity of their names doth not alter the Nature of their Tenure.  
It seemeth by Littleton, that only Lands and Tenements are demisable by Copy: And therefore if the Lord of a Manor will grant the rend charge, or the office of Stewardship, or Baylewicke of his Manor by Copy, or a common in gross by Copy, these be not good grants, because they tie not in Tenure, and also because the Custom doth not extend unto them, but common appendent to a Tenant of Copyhold Lands may be demised with the Tenant by Copy.  
Demean Lands which within time of memory have been occupied by the L●rd himself, or his farmer, is not good to ●e granted by Copy, because of the newness of the grant, yet by continuance of time it may be good Copyhold, when the memory of the contrary is worn away, as hath been said before. Neither can the Lord that granted such a Copy, put out his Coppyholder during his life that granted the same, because he should not be received to disable his own grant. If a Coppyholder do Surrender his copyhold into the Lords hands, merely to the use of the Lord, I doubt whether the Lord may grant this again by Copy, as he may where it comes unto him by forfeiture, or by escheat, because it is made parcel in demean by his own 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 Copy holds named in it, doth extend to Copyhold Lands, as the Statute Staple. 27. Ed. 3. nor the Statute of Heresy 2. Hen. 5. nor the Statute of Will 32. Henry the eight, nor the Statute of Limitation, made the same year as is how taken contra to Master Brooke in nov. ●se 426.  
But though a gift in Tail of a Coppyholder, be not contained in the same Statute of William the Second: Yet I think in such Manor, were time out of mind they have used to make gifts in Tail of Copyhold Lands, there such gifts be good at this day, and they may make protestation in the nature of Avy writ, as appeareth by Littleton.   

WHAT SHALL BE SAID a good Surrender.  
AS in the conveing of Free Lands there is required some ceremony and public notice, so is there in the assuring of Coppy-holds necessary some public Fact to be done therein, which is the Surrender. In which ceremony 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 means a Manor of this surrender there be diverse kinds, as within some Manors to Surrender by the hand of another Coppyholder, and in some other to surrender into the Steward's hands, in some to the Bailiffs hands, and some by giving a yard to the Steward, in some by giving his hand, or his glove, which be outward signs of his intent: Yet in all these kinds the words of Surrender must not be diverse, but one or to one effect, and must be either words of Surrender expressed, or words of Surrender employed, and therefore if a Coppyholder will bargain and sell his Land to I. S. and this is found by the Homage, and I. S. prayeth to be admittted Tenant, yet the heir of the Coppyholder shall avoid the Admission, because of the insufficency of the Surrender, taking by the words of Bargain and Sale, and not by words of Surrender, opi. Sur. Dier 8. Eliz. Lou ill dit. & relees ne vault aurer Come unsurrender.  
If a Coppyholder cometh into the Court, and desireth his Lord to admit his son to be Tenant in his father's place, this seemeth a good Surrender to the use of the son.  
If a Coppyholder will in the presence of other Copyholders' of the same Manor, say that he is content to Surrender his Copyhold Lands to the use of I. S. this is no good Surrender: But if he saith he 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 Resign his Interest in the Court, into the Lords hands, therewithal for the Lord to do his will, this is a good Surrender if it be accepted.  
If a Coppyholder will say he will be no longer the Lords Tenant, though these words be recorded, yet this is no good Surrender.  
If a Coppy-holper for life take a new Estate for life by Copy, this is a surrender of his first estate.  
But if a Coppyholder for life will take a Lease of the same by Indenture for life, this is not a good Surrender of the Copyhold: Quaere.  
If a Coppyholder cometh to the Lord, and telleth him, that for the preferment of his Son in marriage, with such a man's daughter; his will is to give his Land presently to his Son, and desireth the Lord that he would be contented therewith, this is no good Surrender.  
But if he had said these words in the Lord's Court, and the same recorded, or found by Homage as a Surrender, and so presented, than this had been a good Surrender without any other words of Surrender.   

THAT A COPPYHOLDER must be admitted Tenant, and what shall be said a good Admittance of a COPPYHOLDER.  
IF a Copyhold descend unto a married woman, and her Husband take the profits 
By S●rgeant Wal●●●●ly 12. Eliz. 291 292.  thereof, and suffer a Court day to pass without admittance of his Wife, and then the Wife dies, the Husband shall not be Tenant by the courtesy, 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, 
30. Hen. 8, Dicr 42. 16. there  without an especial custom pleaded, but the heir may make a forfeiture for non payment of the Rent, as the Custom was there pleaded before admittance.  
If a Copyhold be Surrendered unto the use of a stranger upon condition, and the condition be broken, the party that made the Surrender may reenter and be a Coppyholder to all Intents, without any new admission, for he did depart with the Land but upon a condition.  
Also if a Surrender of a Copyhold be 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 bind the heir of the Tenant, but that he may enter after the death of the grantee, for he took 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 Intention, that he shall grant over unto such a man, if the Lord will not grant the same, I may then reenter, but the stranger hath no means to enforce the Lord to grant the same over unto him, but he may maintain Trespass against the the Lord, if he doth suffer me to reenter, and this is the opinion at this day.  
The Lord of a Manor hath that prerogative in his Copyholders', that no stranger can be his Tenant thereof, without his special assent, and admission, and for that cause a Coppyholder shall not be liable to any executions of Statutes, or recognizances, neither shall be Cassets', in debt or Formidon, neither are contained in any the Statutes afore named, for if it were, than should the Lord be forced to have a Coppyholder whether he 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 be accepted, except he be admitted Tenant, but otherwise of the heir, for he may eater and take the profits before the Admittance after the death of his father.  
Admittance may be three manner of ways, an express admission, by the words entered 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 Copyholder, in some cases the Lord shall admit another by implication to some purposes, and to these three may be added a fourth, which is by the entry of the Son, after the death of his Father, and the Tenant in Dower after the death of her Husband, which is Lawful without admission, till the next Court, and then they must pray to be admitted, etc.  
If a Coppyholder do surrender his Land to the use of I. S. and the Lord doth grant the same to I. S. accordingly, and thereupon he enters, yet he is no good Coppyholder, till he be admitted: But if I. S. appeareth at the Lords Court, and passeth on the Lord's homage, or the Lord accepts his Rent or his Fine for the same Copyhold, now is he become a good Coppyholder without any further Admission.  
If a Coppyholder 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 Coppyholder in Fee dyeth seized, his 
In Trespass by Hagger against Felston.  heir may make a surrender to the use of a stranger, without admission: quaere. But if a Coppyholder surrender to the use of I. S. this I. S. cannot surrender to the use of a stranger, without being first admitted himself.  
If a Coppyholder Surrender all use of the jointly, and they are admitted, if the one of them dyeth, the survivor needeth not t● be admitted again for the moiety: But if a Coppyholder having Issue two daughters, and they are admitted, and then the one of them dieth, the other must needs be admitted for the other moiety, for he takes the same by descent.  
L'heire dun Coppyholder part prender profits avera accion de travers et Ferra, Post fratris sufficicum deveant admittance 12. Eliz. 291. et part fair loesses per ans. Denby et Bullock.   

WHAT SHALL BE SAID a forfeiture of a COPYHOLD.  
THE Tenant by Copy standeth bound by his Tenure to the Lord, that if he doth any thing to the Lords dis-inheritance; or in some cases if he doth transgress the duty of a good Tenant, he shall forfeit his Copyhold: but because all offences are not equal, so likewise there are degrees of punishment; for there is a difference between offences done wittingly and willingly, and faults ignorantly and unwillingly committed.  
And therefore some offences are forfeitures ipso facto, some are only forfeitures when they are presented and not before, and some are only fineable.  
Forfeitures ipso facto are offences that lie 
Mis-fesans.  in mis-fesans; & be apparent forfeitures, when they are presented only, are offences that lie 
Non-fesans.  in non fesans, and is not apparent nor affirmatively to be proved without presentment.  
Offences Finable, are offences of contempt, 
Fineable.  and not of dis-inheritance.  
As if a Coppyholder will in the presence, and sitting of the Court Baron, say 〈…〉 extort and exact un-due 〈…〉 his Tenants, or such 〈…〉, this is only Fineable.  
But 〈…〉 and there say, being called forth to be sworn of his homage, that he is none of the Lords Tenant, this makes a Forfeiture of his Copyhold.  
But if he will there say, that he will shortly demise away that he will be no longer of any of the Lord's Copyholders', this is neither cause of Forfeiture, not Fine.  
If a Coppyholder Sendente curia do strike an other Coppyholder, or any other stranger, this is only Finable, and maketh no Forfeiture.  
If the Steward showeth forth a Court Role to prove that I. S. is a Coppyholder and this not withstanding he will in the Court say, that he is a Free holder and showeth forth a Free deed and claim thereby, and teareth in pieces the Court Role, and publisheth the free deed, this a cause of Fine and Forfeiture.  
But if the said Tenant will there upon some Colourable doubt, and question which may arise, whether he be a Free holder or a Coppyholder say to the Steward, because he knows not whether the rent that he should pay, be Free rent, or Copyhold rend, 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 he be a Coppyholder, yet this deserveth neither Fine or Forfeiture.  
If a Coppyholder cannot pay his rent, and will not do his service, this offence is on the Negative, and maketh no forfeiture till it be presented.  
Tenant per Coppie ne poet facere waist ne couper bois per vender mes pro reperacontantum 9 Hen 4. 12. 43. Ed. 3. 32.. 80.  
But if a Coppyholder doth Alien his Land by Free deed, or will commit waste, or demise his Copyhold contrary to the Custom, or will sue a replevin against the Lord, for a Distr. lawfully taken for his Rent or service due, or disclaim in the Land being summoned to the Lords Court, or will there claim it as his free hold, or will in any other Court untitle any other Lord unto it, or be attainted of treason or felony, or continue out-lawd, or excommunicate, during the Lord's Court, or refuseth to go with his Lord or other commissionours for that purpose in the service of the prince, to suppress Rebels, riots, or unlawful assemblies. All these offences be apparent mis-fesance and forfeiture ipso facto without any presentment.  
But if a Coppyholder being of the grand Inquest at the Assizes or Sessions, shall indit his Lord of any manner of offence committed against the Prince or Laws of this Realm, or shall upon process Compulsary give evidence against his Lord, which is in any cause between his Lord and an other Common person, or between the prince and his Lord without compulsary process, or shall make any bodily arrest of his Lord by the commandment of the Sheriff or other lawful authority, or shall bring any Action or Suit against his Lord in any of the Queen's Courts (except a Replevin case aforesaid) All these last recited, be cause of neither Fines or forfeitures of any Copyhold.  
Also a Coppyholder not claiming his Copyhold after the death of his Ancestor within a year and a day, at the Court, if any be, it is a forfeiture for ever per. opin Catline, Slowelle Case 372. ct c. il pesse dee bone custom in plusors Manors.  
If Copyholders being on a Jury will not find the waste committed, or will not present things presentable, this is a forfeituer of their Tenors, if they be Copyholders'; 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 Coppyholder will not be sworn to present such offences as are forfeitures, this is a forfeiture of his estate; so if he alien, or make Copyhold free, for ten pound, the Lord may enter, for they are wilful acts, for which the Lord may enter without presentment, but for negligent offences, as for not doing of services, or not acceptance of a Copyhold after the death of his ancestor, the Lord cannot seize without presentment of the homage. And if an infant within the year after the death of his ancestor, will not after the Court holden and proclamation made, pray to be admitted, it is no forfeiture, unless the Custom of the Manor be, that an infant ought to forfeit his estate by such negligence, for it is but a claim at Common Law, which bars not an infant, which hath not discretion. Between Hautrey and Buckshire and one of his Copyholders'. 12. Eliz. Rot 96.  
If thirteen Copyholders' bee sworn 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 denial to do 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, Freeholders', Copyholders', and the Bailiffs, have in the Court Baron.  
ALthough the Lord, the Steward, the Freeholders', the Copyholders', and the Bailiffs of every Manor, have an intermixed and joint 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 several places, persons, and parts.  
The Lord is chief to command and appoint to the Steward, to direct and record the Free holder, affirre and judge the Copyholders' to enfirme and present, the Bailiff to attend and execute, etc.  
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 custom, for some Coppyhold causes, though it want one of the said parties (viz) the Free holder's, and there in Copyhold cases the Steward doth supply the place of a Judge: But no other of the parts aforesaid, except the Free holder's, can be miss, or spared in a Court Baron.  
But to make some more particular demonstration of their distinct authorities and offices: And first the Lord as he is chief in place, so is he in Authority, and occupieth three several Rome's, the one of a Chancellor in cases of equity, the other of a Justice in a matter of right, the third of himself in Cases proper and particular to himself.  
The Steward doth occupy the parts of several persons, that is to say, Judge and order in cases of Copyhold, and also a Minister, and Register to enter things into the Court Roles, and in both these to be indifferent between the Lord and his Tenants.  
The Free holder's do likewise fulfil two parts, that is, to effect, & judge amercemetns, and also to return and certify judgements.  
The Copyholders' also do hold two several rooms, viz. to inform offences committed against the Lord within that Manor, and to present such things as shall be given Charge by the Steward.  
The Bailiff doth also occupy two parts, that is to say, to execute the process and Commandments of the Court, and also to return into the Court the Execution of the same process.  
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 Copyhold, & it is a good grant, for it is in full Court; but contrary it is if it be out of Court. Quaere, if the high steward without authority may demise out of Court.  
Finis Lecturae Calthrop.  
A Coppyholder being indebted, doth surrender to his creditor, upon trust that he shall have the Land to satisfy himself of the debt, and then to be surrendered back again unto him; And after the debt levied, the creditor will not surrender, whereby according to the custom of the Manor, the Tenant pursues an English Bill to the Lord in his Court, by which the trust is proved by deposition; the Lord seizeth the Land to the use of the first Coppyholder until etc. And Wray was of opinion, that he may well so do, for he hath no other remedy, for the Lord cannot imprison him, as the Lord Chancellor of England may do; and that the custom of deposition is good, though some do doubt: but Gawdy agrees, but he saith that the Lord cannot retain and keep the Land, and if he should so do, the other shall have a Subpena; whereunto Wray agreeth, that he cannot retain the Land but seize it and grant it over, which without seizing he cannot do, 25. Eliz. B. upon the motion of Cook, who said that 14. Hen. 4. 39 and Fitz. B. 1●. are according to their opinions: For a Coppyholder shall not have a Writ of Error, not false judgement, upon a judgement against him in Court of the Lord; but he 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 Plaintiff of the defendants goods; but they may distrain the defendant, and after the judgement retain the distress in their hands in safeguard, until the Defendant hath satisfied the Plaintiff of that wherein he is condemned by the Court, 46. Hen. 6. 17. See the book 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 plaintiff, and one other in the Lord's Court in ancient demean, and declared in nature of Assize, and it was found against the plaintiff, and damages were taxed; whereby the defendant being then under-Bayliffe, by the Steward's commandment, takes the beasts for execution of the damages, and takes and sells them, and delivers the moneys to the plaintiff in Assize; this is a good plea, and yet this is but a Court Baron. And Folly 29. by Hull; A man recovers ancient Demeasne-Lands, and damages in a Court of ancient Demean, the Bay life may take the beasts of him against whom the recovery is etc. for execution of Damages in every parcel of the Land holden of the Manor, although that Land be Frank-fee, and it is not denied 22. Assize. 72. agrees with 4. Hen. 6. mes Kitch. 115. where it is used to make execution by levari facias, that is a good Custom. 38. Ed. 3. Custom 133. upon a recovery in Court Baron, the defendants Cattle were delivered in execution.   

WHERE A TENANT BY Copy may plead a special Custom, which is only proper to him and his predecessors before him.  
NInth Eliz. Taverner was sued by the Lord Cromwell, for that he had committed waste upon his Copyhold; he pleads by the advice of Manwood, that he and those who before him had the house wherein he dwelled, had such a Custom by Prescription, that they might fallen Timber trees, etc. And many arguments were against that Custom, in as much as other Tenants of that Manor had not such a Custom, but were punishable, and had forfeited their Lands for such waste; also that Custom was against common right, and not reasonable; and after long deliberation of the Judges, it was adjudged, that a Tenant may plead a particular Custom, as if one prescribe to have a way in the Lord's Land, etc. And 19 of Eliz. one prescribed that he & those of that Tenement his predecessors, had used to have Common of estovers in another Manor, notwithstanding that the other Tenants have not such a Custom, and it was good by the advice of all the Justices.   

WHERE THE TENANT may cut down trees, destroy houses by Custom, and such like Customs, etc.  
FOurth Ed 6. Justice Dalisons Reports, Sanders and diverse Justices; Tenant by Copy of Court Role may prescribe to have Wood growing upon the Land. Montague, there is such a custom, and so used in the Counties of Mid. Northland and other places. Browne, it hath been here agreed of late, that Tenant by the Custom may prescribe to suffer their houses to fall, and to destroy their houses; so also here, whereby this is a good Custom. Montague, I have heard a Fable, that a Tenant by the Custom may dig in the one part of his house, and burn the other part, by the Custom: But if you will agree that the Tenant by Custom shall have the Land against the Lords Will, to him and his heirs by the Custom; why then may they not by the Custom cut down Wood? Sanders, I agree to none of your cases. Montague, surely in the Chancery it will be overruled against you without doubt, and it is necessary that an Act of Parliament be made upon it.   

WHERE AND HOW Tenant by Copy, may make a jointure 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 do appear, and the demandant doth Count against them, and the husband and wife do defend, and say that they have more right than the demander, and offer to try it by Battle; and the demander and Tenants do Imparle, at which day the demander appears, and the husband and wife make default, whereby final 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 been used 1. Ed. 6. Dalisons reports.  
Pell et Hikden: Trin. 36. Eliz. Rot 547. on the King's bench: Tenant in Tail, the 
In Mons●●r 〈…〉 in Court Baron, may defeat an entail B Regis 2. Coment. 21.  remainder in Fee, Tenant in Tail Surrenders to the use of I. S. in Fee; I. S. suffers a Recovery, and vouches the Tenant in Tail, who vouches the common vouchees, and by special 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 Bar, for warranty can not be annexed to an estate at will; also he shall not recover in value, because of the estate at will. Fenner and Popham chief Justice to the contrary, and that warranty may be annexed to Copyhold Land, though it be 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 vouchees shall be accounted to have the Land in value of the Copyhold, within the Manor: and the Vouchee 23. Hen. 8. Br. Recovery in value 27. that such a Recovery is used in ancient demean upon a writ of right, and Vourcher over, and that of a freehold there; yet inquire of such a Recovery upon a plaint, there of Land of Base Tenure, for that cannot be warranted, etc.  
But in the Common Bench, in trespass 
Adjudged in the Common Bench, that a recovery cannot bind an entail.  brought by Comb, against Pears and Turner. Mich. 36. et 37. Eliz. Rot. 14. Bromeley Britain Hall in Essex: Tenant in Tail of a Copyhold suffers a recovery with Vourcher, 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 avail, because a warranty cannot be annexed to an estate which is at the will of the Lord. Also there can be no Recovery in value, first because there can be no recovery in value of Lands out of the Manor, and the Coppy-land is at the Lords will: Secondly Copyhold Land is granted by Copy only; and if by the Recovery the Tenant may have it, the course and Custom of the signory would be destroyed, which shall not be: Thirdly the Lord shall lose his fine, and Fealty also; for the Copy is admissus est tenens, etc. et Dat. Duo de fine pro tali ingressu, etc. et fecit fidelitatem. Fourthly et Fiftly, Ph. et Mar. A Coppyholder Surrenders to the use of his wife for Life, the remainder to the right heirs of the husband and Wife; the Wife dies, 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, than his Heir shall have it.   

CERTAIN COPYHOLD cases reported in a cer ta'en BOOK.  
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 heirs shall have the Land; yet if the Husband had first two sons, the heirs of the Husband, and the heirs of the Wife, shall have the Land in Common, after the decease of the Wife, and for proof thereof he puts this case: If land be given for Life, the remainder to two men and their heirs, they cannot have one heir in the case: if the Tenant for Life dye before them in remainder they shall be J●●●etennants, and the Heir of the survivor shall have all: But if none in remainder be in life, when the Tenant for life dies, than the heirs of them in the remainder shall hold in common.  
Thirty seventh Henry the eighth A Coppyholder to the intent to make an assurance to his Wife, suffers another to bring a Writ of right in the Copy Court, and they join the Battle, and at the day the Husband and Wife make default, and final 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 heirs; and a good assurance pur Cur.  
A Coppyholder makes a Lease at Will to another, who commits Waste, 
A Coppyholder brings an action upon the case against lessee for waist and good.  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 Trespass against the Lessors his Tenant; and therefore it is reason that he shall be recompensed: But the Lord shall have a special Writ of Travers, and not vi and armis, because the entry was lawful. 8. et 9 Eliz. ibid.  
The Lord Dacres enters upon his Coppyholder, and leaseth it to a stranger for years; the Lessee enters, and was ejected by the Coppyholder, and he brings a Writ of Electione firm: The Coppyholder pleads that the Lands are demiseable per Custom; and so they were at issue; and he showed in evidence a Copy made 13. Henry the eighth, by which a Tenant had surrendered the Lands, to have and to hold, etc. whose estate he had, and by another Tenant rendering the yearly Rents, Customs, and Services; and also he produced certain Witnesses who proved the Land to be Copy by the space of 69. years. The plaintiff, to destroy the Title of that evidence, showed certain Rentals that they were Free Lands, etc. 9 et 10. Henry 7. and not Copy; and also another rental to that intent, in 12. Henry 6. which proved that those Lands were leassee for twenty years: Per Cur. this evidence doth not disproove the Copyhold, for it was not within the time of memory; but if he had showed the Indenture of Lease made within 50. years or 80. years, so that a man might remember it, than it had been good, although the Statute of limitation extends not unto it, by the Justices, such evidence as proves it to be within time of memory, is good.  
Also by them, if those Lands be in the hands of the Lord by forfeiture, Escheat, or Surrender, yet the Custom remaineth; for he may demise them again, and the Custom shall be revived; but by some men, if by Escheat it be in the Lords hands, the Custom is extinct. 8. et 9 Eliz. Ibidem.  
Addington Lord of Harlow in Essex, would increase the Fines of his Copyhold 
The Lord cannot increase a fine which is certain.  Tenants, which were proved to be certain: And it was holden that he could not increase them, and it shall be a good prescription to say, always ready to pay such a sum and no more. 18. 19 Eliz.  
4. Eliz. It was moved by Manwood Sergeant, if a Coppyholder in Fee in right of his Wife do Surrender, the wife being not examined by the Steward, but by some of the Tenants, the Custom permitting it, the Husband dies: Whether the Wife shall sue by plaint in Nature of a Cui in vita, or may enter? And by him she 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 Tail enfeoff him in the reversion; it is no discontinuance; but if she had been examined, she should have been barred for ever.  
And Dier, if a Coppyholder in Tail 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. Come 233. 15 Hen. 8 Br. tit. Tenant per Copy 24.  
And by Manwood, no negative prescription may prevail against a statute: And the Common Law is no other but an ancient usage throughout all the Realm; and a prime Custom may encounter with it, but not with a statute.  
And by Dier, if after the Surrender the Lord admit the Wife again, yet she shall be in by her Husband in construction of the Law.  
Copyhold of inheritance descends unto two sisters by two ventures, none of them making entry, and before the Court and admission one of them dies, her heir shall have the moiety, and not the other sister, by Dier chief Justice in the Chancery.  
Also if a Coppyholder in Taile Surrender to another in Fee, who is admitted, this is a discontinuance, and so the Husband of his Wife's Copyhold: And h● said, that a remitter shall be of a Copyhold, as it shall be of a Freehold and inheritance at the common Law. 13. et 14. Eliz.  
In the Duch●● it was in question; whether a Copyhold may be entailed or not? And by Wray chief Justice, and Manwood chief Baron; the Tail was not Fee simple at the Common Law, if it did not appear by the Custom, and that may be proved by the Court Roles, or by some other proof that there is a recovery by plaint of Formedon, or the Lands had descended according to Land in Tail, as possessio fratris shall not be of it, or that that the Daughter shall not inherit, before the son which is uncle to the same. Egerton was of counsel with this case, which was between Sherington and an other. 22. Eliz.  
Hanchet and Rosse concerning land of Dicot in Stepping Hackney, a Coppyholder of inheritance dies, the Lord grants the wardship of the Land, during the minority of the heir, to the Wife being sole; she takes a Husband and dies: It was demanded whether the Husband should have it or not? And it seemed not, but if it had been a thing in which he had interest to his own use, that he should have it, as a Lease for years, the executor shall have it without admittance of the Lord, so the Husband shall have a Lease for years made to his Wife, without admission.  
By all the Justices. 17. Eliz. If a Coppyholder in Fee take an estate in Tail by Charter-hold, or take a Lease for years by Indenture, his Copyhold is confounded.  
7. et 8. Eliz. by Harpour and others; a Lessee for years of a Manor may make Copies, (if the Custom be so) to a man and his heirs secundum consuetudinem, etc. for if the Coppyholder in Fee dye, his heir is in by descent, and aught to be admitted, or else he shall compel the Lord to admit him, for for it is of necessity. But Copies for life or years it is otherwise, for by the death of the Tenant, there is not any that can compel the Lord to make him a new Copy if he will not, but he may retain the Land in his own hands, and therefore the grants of such Copies as are expired, made by a lessee for years, are void.   

26. ELIZ.  
FIrst, Land Demiseable, by Copy in the time of Richard the second, is perfect Copyhold; so if it be demised by Copy 15. or 16 years.  
Secondly, If the Lord purchase the Copyhold of his Tenant money, this is clearly a surrender, and an extinguishment of the Copy, and it is not demiseable by Copy after: But if the Lord enter for forfeiture without presentment found, that is demiseable by Copy again.  
Thirdly, If the Lord bring Trespass against a Coppyholder, who pleads that it is Free hold, this is a Forfeiture, and the Lord may enter.  
Fourthly, the Lord cannot seize, because his Coppyholder was sworn to give evidence against him, for this is no forfeiture.  
Fiftly, if a Coppyholder disseise his Lord of other Land, that is not a forfeiture of the Copyhold.  
Sixtly, if a Coppyholder dye without heir, and the Lord enter by escheat, this is demiseable by Copy again; but if the Lord afterwards do make a feoffment, or suffer a recovery, and after do repurchase it, it is not demiseable; but if the Lord reverse the Judgement upon recovery by error, attaint, or deceit, and hath restitution, than it is demiseable by Copy again.  
A disseisin doth not extinguish the Custom, nor acts done by the disseisor.  
Seventhly, if a Coppyholder suffer a recovery by prescript at common Law by collusion, or make a Feoffment, or bargain and sale, and the Lord enters and makes a lease for years thereof; the Land is not demiseable by Copy again.  
Eighthly, if a Coppyholder surrender his Land, to the intent that a stranger shall have the Rent out of it by Copy; it is no good Copyhold Rent.  
Ninthly, if there be two joyn-tenants in Common of a Manor; and a Coppyholder surrenders to the use of one, this is not Copyhold Land.  
Tenthly, if the Husband and Wife be 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 Copyhold; but if the purchase was made before the coverture, than it is a Forfeiture of the moiety.  
Eleventh, If two Copyholders' 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.  
Twelfth, If two Coperceners Copyholders' make partition, and the one is impleaded and doth loose by just title, and the recoverer enters into the Land, she cannot enter upon her sister, because she did not pray in aid for the rate. A feme Covert Joint Coppyholder with another in Fee, may surrender her moiety to the use of her Husband and it is good.  
Thirteenth, the King's Steward without ny patent of his Office seizeth diverse Coppy-holds, and afterwards the Lord Treasurer and those of the Exchequer do lease the same Land for years; and thereupon it was moved, whether Copies made by the Steward without patent were good? and the Lord Dier thought they were good Copies; but in the Exchequer the Barons were of another opinion.  
Fourteenth, a man seized of a Manor, to which Copyholders' for years and others are belonging, he deviseth by testament the same Manor to a ceraine person for payment of his debts, during which time diverse Copies expire, and the devisees grant new Copies, and afterwards during the term, 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 Manor, and hath execution of those Coppy-holds assigned by the Sheriff for her Dower: And it was moved, whether the Wife shall avoid those Copies made by the devisees? And Brown Justice was of opinion that no; to which Weston agreed, for they said, that those are ordinary things, and which must be done of necessity by force of the Custom, and not any deed or new charge created by the devisees, who are but officers to execute the Custom which of necessity must be done, for they cannot be made by any others who have the possession of the Manor; for it hath been adjudged, that such Copies and ordinary things, as presentment to a Church made by a disseisor, or by a Lessee for Life or Years shall stand good, and shall not be avoided by reason of the necessity: but other charges created by the Heir after the death of the Huband, as a Lease for years Rend charge in which there is no such necssity, the Tenant in dowry shall discharge them, and although the Wife shall be adjudged in by her husband, yet she shall not have those things which chance before assignment of her dower. If a wardship fall, or an avoidance of a Church, or a villain regardant hath purchased, and the heir enters, or presents, these things the heir shall have, and not the Tenant in Dowry, and it may be that the wife will never sue for her dower, or peradventure she shall have other Manors assigned her for the same. And as to the reason, that it is not a thing of necessity to grant Copies in reversion, yet they were of opinion that because the Custom doth allow it, it is Custom ley, and therefore it may be put in execution: for the Custom is annexed unto the Land, and not unto the interest of the Lord. But Wray said, that of estates that are to Copyholders and their heirs according to the Custom of the Manor, if such a Coppyholder dye without heir, the Custom is determined. If such a Lessor for life or years of the same Manor grant new Copies, they are not good, and so there is a diversity.  
A man cannot devise that his friends shall make Copies or hold Courts, for none shall make copy: but he that is Lord of the Manor, and hath an interest.  
The Lord of the Manor shall have the government of the Copyhold during the infancy of his Tenant: Executors shall have a Lease for years of Copyhold Land without any new admittance.  
The Husband of a Wife that is Coppyholder for years, shall not be newly admitted after the death of the Wife, nor be tenant by the courtesy.  
Where inheritance of a Copyhold descends, the heir 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 heir will not come to the next Court, the Lord may make process against him.  
A Coppyholder shall have Traverse against his Lord, paying his Services and customs.  
If erroneous judgement be given against a Coppyholder in the Lord's Court, the Lord in his Court may reverse it, for it is not amendable in any other place or Court.  
If the Less of a Copyhold commit waste and the Lord seizeth for forfeiture; the Coppyholder shall not have an action of waste against his Lessee, as if Tenant for life make a Lease for years, 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 he would not have a Collatterall covenant of the Lessee that he should do no waste.  
A Copyhold is not forfeit for heresy, by the last of 2. Hen. 5.  
A Coppyholder is not Ter-tenant, but is Tenant at the Lords will; and a Copyhold is not bound by the statute of Wills nor of Tines, nor of Limitations  
A Copyhold shall not be extended by a statute, Merchant or Staple.  
The Husband and Wife being seized of a Manor to them and the heirs of the Husband; he grants a Rend charge out of it, and dies, the Coppyholder surrenders, the Wife makes another Copy and dies, the grantee shall distrain upon the Copyhold.  
If the Lord of a Manor hath a great waste, and grants a rend charge out of the same, and the Copyholders' have Common in the waste, and they put in their cattle, the grantee shall distrain them, if they cannot make prescription.  
If a Coppyholder 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 Joint Copyholders', and the one commits a forfeiture, he shall forfeit but the Moiety.  
Lessee for years ofa Copyhold shall have an ejection firm; by Plowden and others.  
If there be a Lease for years of a Manor, and one Coppyholder purchase the reversion in, fee, this is a destruction of the Copyhold, and the Lessee of the Manor may put him out, and occupy during his term. 8. Eliz. adjudged.  
A Coppyholder purchaseth the Manor to him and another in fee, the companion may occupy the Copyhold joyntlyp resently 14. Eliz.  
Nota, it was agreed in the common Bench. 21. Eliz. that the Bay life of a hundred or of a base Court, may take goods upon levari facias, to give execution to the plaintiff, as well as the Sheriff; yet they agreed that diverse Books 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 duchy chamber.  
If a Coppyholder surrender, and then the Lord doth acknowledge a statute merchant, and after the Lord grants it by Copy, the Copyhold is liable, for at the time of the knowledgment it was annexed to the free hold; but if a Coppyholder acknowledge a statute, that is not liable.  
If a man enter with force upon a Coppyholder, he shall not have forceable entry, nor indictment, but the Lord shall have it, and upon restitution to the Lord the Coppyholder shall enter.  
The Lord grants to a Coppyholder 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 Manor make Copies 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 verse. Arthur's. 29. Eliz. A Coppyholder may prescribe to have common in the Lords Land.  
If a Coppyholder 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 Manor consisting of demesnes, Free hold and Customary Tenements; if the Lord grant certain of the Coppy-holds in Fee, the grantee may keep Court, and do homage, and the Copyholders' by their oaths may make presentments of their Customs, or of the death of any Tenant, and the grantee may make in Court a new estate by Copy, as if it should be a perfect Manor; mes the style shall not be, Curia Manerij, but Curia halimoti, id est, Convocatio tenentium, for when they are assembled, they may inform the Lord of their Customs and duties. It was otherwise adjudged in the Come bench. 29 Eliz. between Dodington and Chaffin for parcel of the Manor of M.  
It was adjudged in the common Bench 29. Eliz. that where Sir Peter Carew bein solely seized of the Manor of M. in the County of Devonshire for Life; granted a Copy in reversion according to the Custom of the Manor, and died before the praticular Coppyholder, this is a good Copy in reversion against the Lord, in whose hands soever the Signory should come.  
FINIS.   

Errata.  
FOl. 4. line 8. for preferred, read preserved, l. 14. for and read Aid: & in the beginning of the l. for as read and. Fol. 6. l. 23. for compelied read expel. d, l. 24. for transgression re. trespass, f 7. l. 17. for Bract re. Brooke f, 8 l 6. re. shall be accounted as able to be, l. 16. for Copyholders 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 custom Haryots, re. custom of Harryots, l. 24. for of common Aestovers re. common of Aestovers, f. 25. l. 4. for deceased, re. disseised, l. 13. for is uncertain, re. is so uncertain, f. 28. l. 7. for both to discuss, re. both be to discuss, f. 29. l. 3. for transgress, re. trespass in diverse places, l. 13. for or services, re. doing services, l. 15. for prescribe, re. to prescribe.