Newly Printed.  
THE Modern Conveyancer; Or, Conveyancing Improved: being a choice Collection of PRECEDENTS on most Occasions. Drawn after the manner of Conveyancing now in Use. By the greatest Hands of the present Age; of which some are still living. Consisting of Settlements of Estates upon Marriages, Mortgages, Assignments, etc. With an Introduction concerning Conveyancing in General, in large 8vo. Printed for J. Walthoe in Vine-Court, Middle Temple.   

LEX CUSTUMARIA: OR, A TREATISE OF Copyhold Estates, In respect of the Lord, Copyholder. WHEREIN The Nature of CUSTOMS in general, and of particular Customs, Grants and Surrenders, and their Constructions and Expositions in reference to the thing granted or surrendered, and the Uses or Limitations of Estates are clearly Illustrated. Admittances, Presentments, Fines and Forfeitures are fully handled, and many Queries and Difficulties by late Resolutions settled. Leases, Licences, Extinguishments of Copyhold Estates, and what Statutes extend to Copyhold Estates are explained. AND ALSO Of Actions by Lord or Tenant, and the manner of declaring and pleading, either Generally, or as to particular Customs; with Trial and Evidence of Custom, and of Special Verdicts. TOGETHER With a Collection of many CASES wherein a Copyholder may receive relief in the Court of Chancery. To which are Annexed, PRECEDENTS of Conveyances respecting Copy-holds, Releases, Surrenders, Grants, Presentments, and the like. As also PRECEDENTS of Court Rolls, Surrenders, Admittances, Presentments, etc.  
By S. C. Barister at Law.  
LONDON, Printed by the Assigns of Richard and Edward Atkins Esquires, for john Walthoe, and are to be sold at his Shop in Vine Court, Middle Temple, adjoining to the Cloister. 1696.   

THE PREFACE TO THE PRACTISERS OF THE LAW.  
SIR Edward Coke in Bagnal and Tucker's Case, in Brownl. 2 Rep. is of Opinion, That the third part of this Realm is in Copyhold. If we consider the long and continued Series of Practice that this Great Man was Conversant in, either at the Bar or Bench, and to whom persons from all parts and corners of the Nation resorted, as to the Oracle of the Law, we shall not easily conceive his Judgement was not Temerarious, but rather that he had good Reason for such positive conjecture: However, it is most certain, That a vast number of Estates (and those considerable too) depend upon no other than Custom, in point of Title, and are no other ways preserved in point of Evidence, then by Copies of Court Rolls.  
Now we find large and very elaborate Volumes published concerning Estates and Tenors at Common Law, and yet very little hath been professedly wrote upon this Subject, tho' so great a part of the Lands and Estates of this Nation are protected and preserved by it; which I the more wonder at, for that to know when a Custom is good and allowable in Law requires a more than ordinary skill, and amongst the infinity of Customs to try them by, and pertinently to apply them to those four standing Essentials, Antiquity, Continuance, Certainty and Reasonableness, is a Work of great Judgement and Dexterity; besides Constructions and Expositions of Grants and Surrenders, the Penalty and fatal Consequence of Forfeitures under an obstinate Lord, especially such as are wilful, the nicety and variety of Customs, seem very well to deserve a particular and designed Treatise.  
I remember but two that have professedly handled this piece of Learning, my Lord Coke in his Complete Copyholder, and Mr. Calthrop in his Readins, which tho' they are done with good Judgement, yet, as they do totally omit many Titles which are of great Use, so they extend to very few more Cases than those which are amast together in the 4th Report; since which we have thousands of Cases Argued and Debated, and some Points started which are primae impressionis; and in truth it is not fit to crowd so much excellent Learning, and of such general Use into a Manual.  
In this Treatise you will find Totum Domini & Totum Tenentis. The Lord may see his power (tho' moderated) and the Tenant may understand his Duty and his Privilege. For Tempora mutantur; when Bracton and Fleta wrote, poor Copy-holders' tempestive & intempestive pro voluntate Domini possent resumi & revocari.  
But the Lord now is not Enthroned like a Grand Signior, whose Proceed are Arbitrary and his Humours Laws; no, he is a mixed Monarch, he is bound up by the Customs and Constitutions of his little Empire. 'Tis true, they are Tenants Ad voluntatem Domini, yet this Will is abridged, clogged and restrained secundum consuetudinem Manerii.  
The Learning of Copy-holds is subtle and curious, in the Arguments and Plead. As for the purpose, That great Question, whether and how Copy-holds may be entailed, has been Argued with great subtlety and penetration, as you may read Popham, p. 32. Gravenor's Case. Cro. Car. 42. Rowden and Malster's Case. And in Carter's Reports 22. Taylor and Shaw's Case.  
Now the mentioning of this Argument hath presented me with an Answer to what I foresee will be imputed as Faults to me.  
In some Cases I am thought too tedious, and write a great part thereof Verbatim, and I think I have reason so to do (tho' that is but seldom.) The reason of some Cases will ill bear abstracting; as, to Instance in that Great Man's Reports, I mean my Lord Hobart and Mr. Justice Yelverton's Cases. They that can satisfy themselves with half a Case, let them dabble in those silly Abridgements of Moor, Croke, etc. I was always of this mind, That in the gelding a close and well compacted Argument, the Vigour of it is in a great measure dwindled and emasculated.  
Another Crime perhaps may be, that I cite one Case two or three times; and I do so when I meet with a copious prolific Case, which brancheth itself into several Points, I thought it more Intelligible and Methodical to Graft each Shoot into its proper Title, whether it be a point in Law, or a Formality in Pleading.  
But not to spend time in creating Apologies for Crimes perhaps which I shall never be accused,  
Gentlemen, I surrender the whole to your Use, and hope thereby to gain Admittance into your favourable Opinion.   

THE CONTENTS OF THE CHAPTERS IN THE Ensuing TREATISE.  

CAP. I. OF the Original and nature of a Manor, and of what it consists. Of a Manor real and by reputation. Of a customary Manor. Of Grants and Leases of Manors, chief respecting Copyhold Estates, and what shall be said parcel of a Manor, and what shall be said severance of Copyhold from the Manor.  
CAP. II. The notion and nature of a Copyhold as to its Basis and Foundation. How a Copyholder and a Tenant at Will at Common Law differ. The general Maxims and Rules of Copyhold Estates, together with the several differences and diversities, by the perusal whereof the ensuing Cases will be rendered the more easy and Intelligible.  
CAP. III. The Privilege of Copyhold Estates. Privileges of the Lord. Of the Tenant. Of Infant's Copy-holders'. Of the King's Prerogative and Privilege in respect of Copy-holds.  
CAP. IU. The nature of Custom in general, and the general Maxims of it. What things are requisite to make a good Custom. Time out of memory, what, and explained. What shall be said an Interruption of Custom or not. The unreasonableness of Customs by whom to be judged. Several particular Customs ratione loci. Of enabling and disabling Customs. Of Customs and Prescriptions, and the different manner of Pleading them. The several sorts of Prescriptions, and how and where Prescription must be made, and by whom. And when a Custom shall be said to be pursued or not.  
CAP. V Of particular Customs enabling or disabling in respect of the Lord, of the Tenant, and of the Estate limited or leased, and in respect of Descents.  
CAP. VI Customs of Manors as to Wives and Widows of Copy-holders', what are good and what not. And where the severance of the customary Tenements from the Manor shall not prejudice the Copyholder.  
CAP. VII. Customs as to Timber, Woods and Underwoods, and what Prescription by a Copyholder to cut Trees, etc. shall be good or not.  
CAP. VIII. Customs as to Commons, and where severance of the customary Tenements from the Manor by the Lord, shall not prejudice, and how the Copyholder in such Cases shall be relieved by his Pleading.  
CAP. IX. Of customary Incidents or Collateral Qualities of Copyhold Estates, and how guided, with the Illustration of several particular Cases.  
CAP. X. The several sorts of Copy-holders', and who shall be said to be customary Tenants. Of Copyhold Burrough English. Of the Court. Two sorts of Courts Baron. Of the Copy-holders' Court. Who may keep Courts, and to what purposes, and where. Of the Steward, his Office and power of Deputation, and what he may do ex officio, or not.  
CAP. XI. What things may be granted by Copy of Grants by the Lord, Legitimus Dominus pro tempore. What Grants by Disseisor Infant, etc. shall be good, void or voidable. Grants in respect of the Lords Person or Estate, what shall be good or not. Of Grants by the King (lord) Who shall be said a Lord sufficient to grant Copies. What amounts to a Grant, at what place to be granted. Of Grants by the Copyholder to the Lord.  
CAP. XII. Exposition of Grants. By what words in Grants Copyholds shall pass or not. What thing shall pass by Grant of another thing, as Appurtenant or Incident.  
CAP. XIII. Of Surrenders. The nature of a Surrender. General Rules and Diversities for the Explication. Of the Alienation of Copyhold Estates in general, and of the selling of Copy-holds by Commissioners of Bankrupts in particular. Of Surrenders in Court. By what words a Surrender will pass. What amounts to a Surrender. Of a Surrender out of Court. Who may take a Surrender out of Court▪ What Surrender out of Court is good or not.  
CAP. XIV. What shall pass and by what words in a Surrender. Of Attornment. The Construction and Exposition of a Surrender. Where no Use or Estate is immediately limited in whole or in part; and where an Use is limited how far the construction shall be guided according to the Rules of Common Law, or not. Of use upon Use. Surrender to the Use of ones Wife. Where a Surrender is void for the uncertainty. Of a Surrender to the Use of a person not in esse, and of a Surrender to take effect in futuro.  
CAP. XV. Constructions of Surrenders as to Limitations of Remainders and Reversions. Of contingent Remainders. Where the Heir shall be in by Descent or Purchase. Of a Surrender to the Use of ones last Will, and how to be construed. Surrender upon Condition or Contingency. Of Surrender before Admittance. Surrender, by whom and to whom. By a Feme Covert Countermand of a Surrender, and what Remedy to force a Trustee to Surrender.  
CAP. XVI. Of Presentment, how and when to be made, how to be pursuant to the Surrender. Of the death of Surrendror, or cesty que use, or of the customary Tenants before Presentment or Admittance. Two Surrenders, and the second first presented.  
CAP. XVII. Of Admittances upon voluntary Grants. Surrenders and Descents. By whom Admittances upon Surrender made shall bind. In what Cases the Admittance of one shall be the Admittance oh another. Of Admittance by Attorney. Admittance where to be made. Of Admittance upon Descent. The time of Admittance. What things the Heir may do or not do before Admittance. In what cases, and to what purposes the Copyhold Estate shall be in the Tenant before Admittance. In what case the Lord shall be compelled to admit.  
CAP. XVIII. Fines certain, uncertain. Fines upon Descent or Purchase. Of excessive Fines. What Customs are good as to payment of Fines. Of Fines as to Remainders. What refusal to pay a Fine shall be a Forfeiture or not. How the Lord shall recover his Fine.  
CAP. XIX. Of the Entayling Copyhold Estates. The different Opinion of the Judges, with an Abstract of the Reasons or Arguments how Copy-holds are or may be entailed, and when the Law settled as to that point. How such Copyhold Intayls may be barred. And what Acts of a Copyholder may be a Discontinuance.  
CAP. XX. Of Leases of Copyhold Estates. Leases by the Lord, and Rend reserved, and his remedy. Of Leases made by Copy-holders'. What Leases are a Forfeiture or not. When a Licence to make a Lease shall be said to be pursued or not. Commencement of Leases. Leases, by whom made. Bishop's Tenants in Tayl. Infant. Of Rents. What things are demisable by Copy.  
CAP. XXI. Of Licences. What Licence shall be good. By whom made shall bind or not. Licence taken for a Confirmation. When, and where, and how a Licence is to be pleaded specially.  
CAP. XXII. What shall amount to a Forfeiture. Non-fezance, Mis-fezance. Of refusal of Rent, Services, etc. Non-appearance at Courts. Of making Leases not warranted. What shall be said a Covenant and so no Lease, and so no Forfeiture. What alienation shall be a Forfeiture or not. Of Forfeitures by Waste in Trees. By Attainder of the Tenant. What act of the Husband shall forfeit the Wives Lands or not. Who shall take advantage of a Forfeiture. Where the Lord shall take advantage before a Presentment or not. Where the Forfeiture of one Copyhold shall be the Forfeiture of another, either as to Estates or Persons. What shall be a dispensation of a Forfeiture; and if the Heir shall take advantage of a Forfeiture made in the Life of his Ancestor.  
CAP. XXIII. Of Extinguishment of Copy-holds. How Copy-holds are destroyed by the act of the Lord, or of the Copyholder. Where and how a right to a Copyhold shall be estopped or extinguished, by acceptance of a new Estate, or release of the old. Where and in what Cases a Copyhold shall be suspended, and revived or re-granted.  
CAP. XXIV. How and where a Copyholder shall hold his Land charged or not. Of charges by the Lord Copyholder, as Dowers, Rent-charges, Statutes, etc. and by whom they shall be avoided.  
CAP. XXV. Of Harriots. The nature of Harriot-Custom and Harriot-Service, and how they differ. What Customs for Harriots are good or not. Where they shall be apportioned, and by whose Acts. Who shall pay Harriot or not, and the Plead.  
CAP. XXVI. What Statutes extend to Copyhold Lands, and within what Statutes Copyhold Lands shall be contained by Construction of Law, without express words, and what not, and therein how Copy-holds shall be barred by Fine and non-claim, etc.  
CAP. XXVII. Of Embleaments. Who shall have them, the Lord or the Copyholder.  
CAP. XXVIII. What shall be said a Disseisin as to Copyhold Estates, or not.  
CAP. XXIX. Of Actions and Suits. What Actions may be brought by the Lord, and what Actions may be brought by Copy-holders' or their Executors, against the Lord or against Strangers, in respect to their Copyhold Estates and Privileges.  
CAP. XXX. Of Copy-holders' being impleaded and impleadable in the Lord's Court, and a Faux Judgement in the Lord's Court, and how and where to be relieved.  
CAP. XXXI. Of Declarations of, for and concerning Copyhold Estates, how to be brought and laid, and Precedents in what Cases they have been brought.  
CAP. XXXII. Of Plead. The general Rules of Pleading as to Copyhold Estates. The different Forms of Pleading Customs and Prescriptions. Of Pleading in reference to Common belonging to Copyhold, and when to be pleaded by way of Custom, or by way of Prescription. The manner of Pleading when a Lease is to be answered which is set forth in the Avowry. Where in pleading the Commencement of the Estate must be showed, and by whom granted or not. And how a Licence must be pleaded by the Lessee. Prescription of Copyholder to be discharged of Tithes, how to be pleaded. Of Traverses, when, how and where to be taken. Forms of Pleading of Surrenders, Admittances Estates in Fee, tail, for Lives, or Years. Plead of Presentments and Grants. Precedents of bars by Commons, Woods, Ways, Enclosures, Forfeitures, and all other Plead necessary for the Copyholder to set forth his Title or defend it.  
CAP. XXXIV. Evidence, Trial, Issue. What shall be a good Evidence to prove the Custom alleged or not. What shall be tried by the Jury, and what by the Court Rolls. Who may be admitted to give Evidence. When Issue is taken upon a Surrender, where to be tried. Venue.  
CAP. XXXIV. Of Special Verdicts. Imperfect Custom not well found. Failure of Prescription. How the Custom must be found by the Jury. Precedents of special Verdicts.  
CAP. XXXV. How and in what Cases Copy-holders' have been relieved in Chancery.  
Precedents of Conveyances respecting Copyhold Estates, and Precedents of Surrenders, Grants, Admittances, Presentments.    
Lex Custumaria: OR, A TREATISE OF Copyhold ESTATES, etc.  

CAP. I.  
Of the Original and Nature of a Manor, and of what it consists. Of a Manor Real and by Reputation. Of a Customary Manor. Of Grants and Leases of Manors, with respect to this Subject of Copy-holds; and what shall be said Parcel of a Manor, or what shall be said a Severance.  
FOR the right understanding of the Law as to Copyhold Estates, it's necessary to premise something of the Nature and Notion of a Manor, upon which they depend as the Materia, though Custom is the Form thereof. And I shall say no more of Manors, than what shall have a direct influence upon the Explication of the nature of Copyhold.  

Original of Manors.  As for the Original of Manors, Take this brief Account out of Perkins, 670. Horns Mirror, Lib. 1. Cap. de Roy Alfred. Fulbeck, f. 18. Lambert, verbo Thaine. Bacon's Elements of the Law, 41, 42, etc.  
The ancient Kings of this Realm, who had all the Lands of England in Demesn (that is, in their own Hands, or totally at their own disposal) did grant a certain compass or circuit of Ground upon some great Personages, with liberty to parcel out the Lands to other inferior Tenants, reserving such Duties and Services as they thought fit, with power to keep Courts, where they might redress Misdemeanours, within such their Precincts, and decide Controversies of meum and tuum within their Jurisdictions; these Lords and Noblemen performing such Services, and paying and yielding such Rents, as the said Kings by their Grants reserved. These Grantees were called Barons, and were such as came to Parliament, and from thence it keeps the name of Court Baron to this day, though in process of time, by the Grants of such Barons, these Lands and Manors came into the Hands of meaner Men by Purchase, etc. as it is at this day.  
And according to this our Custom, all Lands holden in Fee throughout France are divided into Feifs, and Arrear-Feifs; into Feifs or Knights Fees, and Mesne Fees, whereof the former are such as were granted by the King, the second such as the King's Feudatories do again grant to others.  
Now by Justice Winch, in his Argument in the Case of Rowles and Mason, 2 Brownlow, 195. Manors are divided into three sorts of Tenors.  
1. The first holds by Knight Service, and this is for defence of the Lord.  
2. The second holds by Socage, and this is to Blow and Manure the Demesns of the Lord, etc. since turned into Rent.  
3. The third holds by base Tenure, and these are at the will of the Lord, and these were to do Services, and some had greater Privileges than others, to encourage them to perform their Services, as it is in Ireland at this day. Out of these, by length of time and Custom, sprang up the Race of Copy-holders'.  
For the Name or Etymology of the word Manor, 
Etymology.  some fancy it to be Manerium quasi Manurium, from manuring the Ground; and than it takes its Name either from the Lords Demesns, which the Tenants are bound to Manure, or from the Lands remaining in the Tenants hands; and others (with more probability) think it to be derived from the French word Mesner, to govern or guide, because the Lord hath the government of the Tenants within his Jurisdiction. But that I may come to the thing intended (and to leave the flourishes of guess and fancy)  
It is a Maxim common in our Books, 

Of what a Manor consists.  
Demesns, what.   That a Manor consists of Demesns and Services.  
As for the word Demesns, Dominicum, or Domainium, it is taken it two senses. It is most properly taken for those Lands which remain in the King's hands, and so all Subjects are excluded from being seized in Dominico, and we have little of that now but ancient Demesn Lands, which are such as were in the hands of King Edward the Confessor. But in a sense less proper, Demesn Lands may be said to be in the hands of an inferior Lord or Tenant, and as my Lord Coke on Littleton, f. observes, the form of Pleading shows this difference; for an inferior Lord or Tenant never pleads, That he is seized in Dominico absolutely, but qualified with this addition, in dominico suo ut de feodo; 
Pleading.  and the word Fee or Feif implies that his Estate is not absolute, but depending on some superior Lord. So that Copyhold Land may well be parcel of the Demesns, and the Frank-tenements are resting in the Lord, but indeed the customary Inheritance is in the Copyholder, and he shall plead, That he is seized (with this farther addition) In Dominico suo ut de feodo secundum consuetudinem Manerij.  

Services.  As for Services, whether Corporeal, Annual, or Accidental, they are Duties accrueing to the Lord by reason of his Seignory. And respecting Copy-holds, I shall under their proper Titles hereafter speak of Herriots, Forfeitures, Amerciaments and Fines for not doing Suit and Service, and the like.  
It was ingeniously said by Doddridge, in Herns and Strouds Case, Latch, 63. That no Case resembles a Manor more than a Rectory: as a Manor is entire so is a Rectory, and the Glebe Lands resemble the Demesns, and the Tithes the Services.  
If I let my Manor excepting the Demesns, the Exception is void, Winch p. 23.  

Description of a Manor.  The New Expositor of Law-Terms, describes a Manor, as a thing compounded of divers things; as of an House, Land, Arable, Pasture, Meadow, Wood, Rent, Advowson, Court Baron, and the like; and this aught to be by long continuance of Time, to the contrary whereof Man's Memory cannot occur.  
So that a Manor consists of Demesns and Services, 
Manor not made at this day.  and a Court Baron as Incident, and this must be time out of Memory, for a Manor cannot be made at this day, because a Court Baron cannot now be made; 
To a Manor, a Court-Baron is incident, and two Suitors at least.  and a Manor cannot be without a Court Baron, and Suitors or Freeholders, Two at the least; for if all the Free-holds except one Escheat to the Lord, or if he purchase all except one, there his Manor is gone, for that it cannot be a Manor without a Court Baron, and a Court Baron cannot be holden but before Two Suitors at the least. A Court Baron is incident to a Manor, as a Court of Pye-powders to a Fair. By the Grant of a Manor cum pertinentijs, the Court passeth, and a Man cannot grant his Court, but he may grant the Profits of his Court, 1 Brownl. 175. Brown's Case.  
Now though a Man cannot make a Manor at this day, yet he may make Gifts in tail, reserving a Tenure and Suit of Court, 
Yet a Tenure may be created.  because, though he may create a Tenure, yet he may not create a Court, and a Court cannot be but with a continuance time out of mind, 35 H. 8. Broke Tenure, 102.  
A Manor, as I said before, may not be made at this day, neither by a common person, 
The King cannot make a Manor, or parcel of a Manor at this day.  nor by the King himself; and the King cannot make a thing parcel of a Manor at this day; as if he grants Lands to hold of him, as of the Manor of Greenwich, by a certain Rent, this Rent is not parcel of the Manor. Yet though a Seignory or Appendancy cannot be made at this day, yet if an Advowson be Appendent to a Manor, 
Advowson appendent.  and the Lord grants part of the Manor with the Advowson to J. S. it is now Appendent to that part, Cro. El. p. 39 Morris and Smith.  
In truth, Manors cannot at this day be created but by way of derivation, as being derived out of an ancient Manor, 
Manor by derivation.  or by act in Law, as in the Case of Copartners. Vide infra.  

A Manor is entire.  A Manor is an entire thing, and cannot be divided. If the Lord will transfer over unto a Stranger the Services of all his Tenants, and reserve unto himself the Demesns, or if he will pass away the Demesns, and reserve the Services; Now in both Cases the Lord hath not a Manor really, but nominally only and in reputation; 
Manor in reputation.  and if I am disseised of a Manor, and the disseisor sever the Demesns from the Services, as it is 4 E. 4. I which have right, aught to make my demand according to my right, and not to take notice of his severance, for to me it is a Manor still.  

Manor in suspense.  If a Manor descendeth to Copartners, and they make partition, and the entire Demesns are allotted to one, and the entire Services to the other, the Manor is now in suspense, for neither hath a Manor but in name only; but if part of the Demesns and part of the Services be allotted to each, than they each of them have a real Manor, 26 H. 4.8. 6 Rep. 64. Sir Moyle Finch's Case. To Explain this, I shall cite a Case or two.  

joint-tenants make partition of a Manor, yet both keep but one Court.  If two joint-tenants make partition this day of a Manor, and each of them hath Demesns and Services, yet each of them hath not a Manor, nor can keep several Courts, but must both keep one Court, Croke El. p. 39 Morris' Case.  
A. seized of a Manor, whereof part of the Tenants were Freeholders and part Copy-holders'; had Issue two Daughters, and died; the Daughters entered and made partition of the Demesns only, but the Services of the Freeholders' and Copy-holders' remained in Common. By the partition the Demesns are now become in gross, and severed from the Manor; and if partition be made of a Manor so, as the Demesns be allotted to one Sister, and the Services to another, now the Manor is dissolved (or rather suspended; 
Manor suspended and revived. ) yet if the other Sister dies without Issue, and her part descendeth to the other, now it is become a Manor again, 1 Leon. p. 204. Thetford's Case.  
By this you see we read in our Books of two sorts of Manors.  
1. A real and perfect Manor, such as is before described.  
2. A nominal Manor, a Manor by reputation, 
A Manor nominal.  as you may see by several Instances before. Some call it a Manor in gross; as, 
Manor in gross.  a man may have the Right and Interest of a Court Baron with the Perquisites thereunto belonging; but this is improperly called a Manor in a strict sense, and another may have the Scite and every Foot of Land thereunto belonging. And as to this, I will only cite a Case which refers to practice, 6 Rep. 64, 65. Sir Moyle Finch's Case. Reputation is sufficient to pass a thing in a Conveyance by the name of a Manor, 
Manor in reputation will pass by the name of a Manor in a Conveyance, not in a Fine.  which is not re vera a Manor, yet it ought to be in truth and not reputation, which ought to challenge and hold Privilege of a Manor, as to have a Court Baron, etc. But a Manor in reputation which is not in truth a Manor, will not pass by the name of a Manor in a Fine or Common Recovery, for they shall not be taken by intendment, Croak Eliz. 524. Mallet's Case.  

Of Customary Manors.  
A customary Manor may be held by Copy, and such customary Lords may keep Courts and grant Copies, and such customary Manor may pass by Surrender and Admittance, 11 Rep. 17. Sir H. Nevil's Case. And so it is resolved in More and Goodgame's Case, Croke Jac. 327. That within one Manor there may be another Manor demisable by Copy, and within that Manor there may be customary Tenants; for as well as there may be a Tenant at will of a Manor at the Common Law, so there may be a Tenant at will according to the Custom of the Manor. Vide infra, sub titulo Courts. 
Pleading.  But the way of pleading it must be thus. That such a Manor hath been used time out of mind to be granted by Copy, and also that time out of mind, such Grantees had used to hold Court Barons, and to grant Copies of Court Rolls to others, and so to prescribe in this time out of mind, 1 Bulstr. 57 The King and Stafferton. Yelv. p. 190. mesme Case. The Manor of Haylsham in the County of Norfolk, is held by Copy, and such a Manor by Escheat ceaseth to be a Manor. For by the Escheat the Services be extinct, and one Court Baron only shall be held after the Escheat. But though one Manor may be held of another Manor, 
One Manor cannot be parcel of another.  yet one Manor may not be parcel of another Manor, and both be in esse at the same time; for being Liberties and Franchises of the same nature, non possunt stare insimul. More's Case.  

The Lord may create a customary Manor.  Though the Lord by his own act may not make out of one Manor at Common Law, divers several Manors, consisting of Demesns and Freeholds, yet he may well by his own act make a customary Manor, consisting of Copy-holds, and they shall hold Court. As if he grant the Inheritance, or makes a Lease of all his Copyhold Lands for two thousand years, the Grantee or Lessee may hold Court for the Copy-holders', 4 Rep. 26, 27. Melwyche's Case, and Neal and Jackson's Case. Vide infra, sub titulo Courts. For they have a kind of Seignory in gross, and may keep a customary Court where the Steward shall be Judge, and shall take Surrenders and make Admittances.   

Of Grants and Leases of a Manor, and how Services shall pass, and what and when shall be said to continue as parcel of the Manor, after a Grant or Lease, and what shall be a severance.  
A man seized of a Manor, leaseth part of the Demesns for Years or Life, 
Reversion.  the Reversion remains parcel of the Manor.  
A man seized of a Manor in the right of his Wife, Leased part of it for Years, without his Wife; the Reversion thereof is not parcel of the Manor. Contrary if the Lease had been made by the Husband and Wife.  
By Feoffment of the Manor, the Services do not pass without Attornment, Lit. 127. 
Attornment.  6 Rep. Bracebridge's Case.  
If a man make a Feoffment of a Manor in which are Tenants at will according to the Custom, there Services shall pass by the Feoffment, without their Attornment, Rolls Abridgement 293.  
By a Grant of all the Demesns, the Waste passeth, unless excepted, 2 Keb. 558. North and Howland.  
W. H. was seized of twelve Acres, holden of the Manor of W. by Suit and Services, and devised to the Defendant F. H. in tail, the remainder in Fee. After which F. H. purchased the Manor; this being by purchase, maketh not the Land parcel, but by Escheat it doth. 2 Keb. Holmes and Hanby. But this Case is more clearly Reported by Mr. Siderfin, as followeth.  

If one who had Land held of a Manor, be Tenant in tail of it, and the Manor is given to him, the Land in tail shall not pass by Grant of the Manor.  The Lord of a Manor deviseth to J. S. the Manor in tail, the remainder over: J. S. had twenty Acres in Fee, which were held of the Manor by Suit of Court, and he being so seized of all, conveys the Manor to A. in Fee; Per Cur. these twenty Acres shall not pass as Demesn of the Manor, for if it pass as part of the Demesns, this aught to have been so time out of memory; and there is a diversity between Land Escheated, which comes in lieu of other Land, and Land purchased as this was, Siderfin 284. Holmes and Hanby.  
Lands holden in Fee of a Manor, are not parcel of a Manor, but the Rents and Services issuing out of it are parcel of the Manor, Brook, Manor 2.22 H. 6.53.  

Reversion.  If a man let all the Demesns of a Manor for Life, rendering Rend, yet the Reversion is parcel of the Manor, and it shall pass by the grant of the Manor, Dyer 6. 7 El. 10.  

Attornment.  If a man let ten Acres of the Demesns of a Manor, for ten years, rendering Rend, and afterwards demiseth the entire Manor, by the name of a Manor, etc. for twenty years, to commence at a day to come. An Interest in the ten Acres shall pass to the Lessee of the Manor, after the expiration of the first ten years, although no attornment be by the first Termor, for this shall pass as parcel of the Manor, and not as a Reversion, for the ten Acres were never severed from the Manor, but the freehold and Fee of it remains parcel and member of the gross and body name of the Manor, Dyer 18 El. 350.18. Pl. Com. Bracebridge's Case, 423.  
Without express Grant, the Copyhold cannot be severed by any distinct reservation or service, yet the entire Manor may be held by different Services, as to the Demesns, 
How Copyhold may be severed from the Manor, and how not.  altho' not the Services, as well by the Grant of the King, as of a common person, without disjoining any part of the Manor, as reservation of one Service on the Grant of the Manor, another on the Advowson. 1 Keb. 720. Lee and Boothby.  
After partition of a Manor by Coparceners, 
Coparceners.  one party cannot Lease her part by the name of the moiety of the Manor, 1 Anders. 222.  
It was cited by Richardson and Hutton, 
Note.  to be one Hurston's Case, 
Ejectment.  That an Ejectment cannot be of a Manor, because there cannot be an Ejectment of the Services; but if they express farther a certain quantity of Acres, it is sufficient, Hetly, p. 80. Norris and Isham. Neither is it safe to bring Ejectment of a Manor, unless the attornment of Tenants be proved, Hetly 146. Warden's Case.   

Plead.  
Unum Manner. parcel. alterius, Ra. Entr. 25.271.357. Terre pleaded esse parcel del Manor usque concession' tali die. 1 Rep. 431.    

CAP. II.  
The Notion and Nature of a Copyhold, as to its Basis and Foundation. How a Copyholder and Tenant at Will differ. The general Maxims of Copyhold Estates Explicated, and thereby the ensuing Cases in this Book rendered more easy and intelligible.  
THE Style of a Copyholder imports three things, according to my Lord Coke Lit.  
1. Nomen, his Name, and that is Tenant by the Copy of Court Roll, not Tenant by the Court Roll, but Tenant by the Copy of Court Roll; and he is the only Tenant in Law which holds by the Copy of any Record, Deed, or Charter, or any other thing; forasmuch as the Title or Estate of the Copyholder is entered into the Roll, whereof the Steward delivereth him a Copy, thereof he is called a Copyholder. But by the Custom of Godmanchester in Huntingtonshire, they pass their Estates, by writing on wooden Indented Tallies.  
2. Originem or Commencement, ad voluntatem Domini, for originally he was not but a bare Tenant at Will to the lord Quod quis tempestive & intempestive resumere possit pro voluntate sua & revocare, Bract.  
3. Titulum, his Title or Assurance, secundum consuetud. Manerij; for the Custom of the Manor had fixed his Estate, and assured the Land to him, so long as he did the Services and Duties, and performed the Customs of the Manor, 9 Rep. Comb's Case.  
Although a Copyholder had not in Judgement of Law, but an Estate at Will, yet Custom had so established and fixed his Estate, that this by the Custom of the Manor is descendible, and his Heirs shall Inherit it, and therefore his Estate is not merely add voluntatem Dom. but ad voluntatem Dom. secundum consuetudinem Manerij, so that the Custom of the Manor is the life and soul of Copyhold Estates; for without a Custom, or if they break their Custom, they are subject to the Will of the Lord. And by Custom a Copyholder is to have his Land according to the Custom, as he which had Freehold at Common Law; as you may see by many Cases in 4 Rep. 21. Brown's Case.  
Copyhold at Common Law is but an Estate at Will; but the Common Law so takes notice as to establish it by Custom, that there may be a possessio fratris of it, and he may have Trespass against his Lord. And as Copyhold is created by Custom, it is guided by Custom.  
A Copyholder doth not derive his Estate out of the Estate or Interest of the Lord only, for then the Copyhold Estate should cease When the Estate of the Lord determined; but the Copyholder is in by the Custom, 4 Rep. 23. a.  
Yet it is but a base Estate, and not looked upon so worthy as Freehold. And therefore in Indictment sur Stat. 8. H. 6. of forcible Entry, for expelling one Syms from his Copyhold. The Exception to it was because (disseisivit) was not in the Indictment, and yet it is good; for though the Statute 21 Jac. 15. gives restitution of Possession to Tenants for years and Copy-holders', in which there shall be an Entry or Deteiner by force: yet the Statute doth not give an Indictment of forcible Entry of a Copyhold; but by Noy a Copyholder now shall have an Indictment of forcible Entry, but (disseisivit) shall not be in it, for no Jury can find that, for it is impossible, because a Copyholder hath no Freehold, but he shall have a Pleint in nature of an Assize against a Stranger, Syms' Case, Mich. 2 Car. B. R.  
Note, This Custom goes not to Collateral things; as, Entries upon Condition, vid. the Chapter of Collateral Incidents, infra.  
A Copyhold as to passing Estates, is in many Cases like a Will, and therefore a party shall take by the Habendums in the Admittance, which was no party to the Premises. Vide infra. Tit. Surrender.  

How a Copyholder and a bare Tenant at Will differ.  
Tenant at Will, according to the Custom of the Manor, may have an Estate of Inheritance; but a Tenant by the course of the Common Law, not so. Therefore, if a man seized of Lands (which are not customary) and lets them to another, to have and to hold to him and to his Heirs, at the will of the Lessor, these words (to the Heirs of the Lessee) are void: for if Lessee dyeth, his Estate is absolutely determined, and if his Heir enter, Lessor shall have a good Action of Trespass, vi & armis, before any Entry made by him; otherwise of a Tenant according to the Custom of the Manor.  

Fealty.  Tenant at Will, who may be put out at the pleasure of the Lord, shall not do Fealty; for to what purpose were it, to swear to do his Customs and Services, when he hath no certain Estate? but a Copyhold Tenant shall do Fealty, which proves he hath a fixed Estate, so long as he observes the Customs of the Manor, Coke Lit. 1.62, 63. And the Copyholder may justify against his Lord, and so cannot a Tenant at Will; and he shall have the Aid of his Lord in an Action of Trespass, 1 Leon. p. 4.  
If a Tenant at Will be Outlawed, his Estate is determined, but a Copyhold is not forfeited or determined by Outlawry, Littleton's Rep▪ 234.  
As for Tenants by the Verge, 
Tenants by the Verge.  they are but Copy-holders', and have no other Evidence but by Copy of Court Roll; but they are so called, because when they Surrender, they deliver a little Rod into the Steward's Hand, the which they deliver to the Steward, and he shall deliver the Rod to him that takes the Land in the name of Seisin. It may be any other thing as well as a Rod, according to the Custom, as a single Penny, a Glove, etc.   

Maxims of Copyhold Estates.  
1. When there is no Custom to guide Copyhold Estates, they shall be directed by the Rules of the Common Law. Vide this more Explained, Maxim 3, 4.  
2. Copy-holders' have no other Evidence concerning their Tenements, but only the Copies of Court Rolls. This is to be understood of Evidences of Alienation, for a Copyholder (that comes in by way of Admittance) may have a Release of a right by Deed, and that is sufficient to extinguish the right of the Copyhold, which he that maketh the Release had, Lit. Sect. 75. Coke Lit. 60.  
3. When the Custom hath created Estates of Inheritance, and that the Land shall be descendible, than the Law shall direct the descent, according to the Maxims and Rules of the Common Law, as incidents to every Estate descendible; therefore there shall be a possessio fratris to make the whole Blood to Inherit before a Son by the second Venture; and this shall be tho' the elder dies before Admittance; but such customary Inheritances shall not have by the Law any other collateral Qualities, which concern not Descents of Inheritance, as other Inheritances at Common Law shall have. Therefore such Copyhold Inheritance shall not be Assets to charge the Heir; nor shall the Wife be endowed, nor the Husband Tenant by the Courtesy, without special Custom, 4 Rep. 22. b. Brown's Case.  
4. As well Estates as Descents shall be directed by the Rules of Law, as necessary Consequents upon the Custom (unless there be a special Custom in the Manor; as, sibi & suis, sibi & assignatis) may make an Estate of Inheritance. Therefore a Surrender to the use of A. without any Limitation, is but an Estate for Life, 4. Rep. 29. Bunting and Lepingwel.  
5. Copyhold ought to be dimissa & dimissibilis, as it is in Murrels' Case, 4 Rep. vide infra, Tit. Custom.  
Yet this Rule is not Infallible. For if a Copyhold Land be in the hand of a Subject, who is after preferred to Dignity Royal, the Copyhold is extinct; for it is below the Majesty of a King to perform servile Services: and yet after his Decease, the next who hath right shall be admitted, and the Tenure shall be revived in him, 2 Siderfin 82.    

CAP. III.  
Privileges of Copyhold Estates. 1. Privileges of the Lord. 2. Of the Tenant. 3. Privileges of Infants Copy-holders'. 4. Of Copy-holds in respect of the King's Prerogative and Privilege.  
BEfore I come to Treat farther of Copy-holds, I thought it might not be amiss to set down the Privileges of Copy-holders' and Lord's, and Prerogative of the King; that so the Student being well settled in these, they need not be mentioned or explicated hereafter, though they may lie here and there scattered in the following Cases.  

Privileges of the Lord.  
The Lord may upon Seizure of a Copyhold maintain an Ejectment, till the Heir come to be admitted, 1 Keb. 287. Pateson and Danges.  
The King shall not have the custody of the Land that the Idiot holds by Copy, 
The Lord to have the custody of an Idiot.  for this is no more than an Estate at Will at Common Law; and if the King should have the custody of the Land, he would much prejudice the Lord. Yet alienation made of it by the Idiot, after Office found, shall be avoided, Coke 4 Rep. 126. Beverly's Case.  
Copyhold Lands granted to three, for the Lives of two; if the Tenants pur altar vie, die Living cesty que vie, the Lord shall have it, for there shall not be Occupancy, 1 Rolls Abridg. 511. Venus and Howel's Case. 
No Occupancy.   

The Lord shall have the custody and not the Prochein Amy.  The Copyholder is surdus & mutus, the Lord shall have the Custody and not the Prochein Amy, for otherwise he should be prejudiced in his Rents and Services, Cro. Jac. 105. Evers and Skinner.  
The Lord is Chancellor in his own Court, to dispose of the Estate when the Tenant leaves it uncertain. Vide infra sub Tit. Customs in reference to Estates, & sparsim per tout.  
If a Copyholder surrender to the use of one, and the Lord refuseth to admit him, no Action of the Case lieth against him; so if such Copyholder prays the Lord to hold a Court, and he refuseth. Where a Surrender is to be made to a Tenant of the Manor, if he will not take such Surrender, yet no Action of the Case lies against him, 1 Rolls Abr. 108.   

In what capacity the Lord stands in reference to the Copy-holder's Estate.  
He is an Instrument of Conveyance upon Surrenders, and a Conveyer himself upon voluntary Grants.  
He is Chancellor in his own Court, and may proceed by Bill, vide infra.   

Of the Privileges of Copy-holders'.  
In this Chapter I shall sum up some general Privileges of Copy-holders', which lie scattered in the several Customs hereafter treated of.  
A Copyholder may make a Lease for a year, without Licence of the Lord, vide Lease. 
Lease.   
Copy-holders' of a Manor may have Solam & separalem pasturam, in the Soil of the Lord, 
Sola & separalis pastura.  and exclude him, 2 Sanders 326, 327, 328.  
If a man be obliged in a Statute Staple, 
Stat. Staple, Elegit.  his Copyhold Land is not extendible; but aliter upon a Statute of Bankrupts, vide Tit. Grant. It's not extendible upon Elegit. If a Copyholder Lease for years by Licence of the Lord, this is not extendible in the Hands of the Lessee, Rolls Abr. 888. Picto's Case.  
Copyholder of Inheritance may dig for Mines in his Land. So the Parson in his Glebe, as it seems, Siderfin, p. 152. The Lord of Rutland against Gee, per Hobart and Warburton.  
Copyholder may dig for Marle, without any danger of Forfeiture; 
Digging for Marle.  but he ought to lay the said Marl upon the same Copyhold Land, Winch, p. 8.  
A Custom is that the Lord of a Manor may dig for Coals and open Mines in the Land of his Copyholder. 
Coals.  It was made a doubt in Goodrick and Gascoin's Case, if Lessee of the Manor may have this liberty, and whether such liberty can pass by Grant of the Manor, without special words, Latch, p. 189.  
A Copyholder may hedge and enclose, but not where it was never enclosed before, Winch, p. 8.  
Note, a difference between Privileges which are annexed to the Seignory, and Privileges annexed to the Tenancy. The first the Lord may destroy, but not the last: Therefore  
If Tenant at Will be Outlawed, his Estate is determined; 
Outlawry.  but a Copyhold is not forfeited or determined by Outlawry, Lit. Rep. 234. cited to be adjudged in 44 Eliz. Yet vide 1 Leon. p. 99 Where a Copyholder is Outlawed, the King shall have the Profits of his Copyhold Lands, and the Lord hath not any remedy for the Rent.  
If the King grants a Manor in which are Copy-holders' in Fee-farm, 
Fee-Farm Rent.  the Lands or Goods of the Copy-holders' are not liable to the Fee-farm Rent, although the freehold is, for the Copy-holders' are elder than the Rent, being by Prescription: So  

Rend by Prescription.  If the King had a Rent by Prescription, out of the Manor in which there are Copy-holders', if the King had not used to Levy this upon the Copy-holds, it seems he cannot charge them, forasmuch as they are in by Prescription also, M. 12 Jac. B. 2 Rolls Abr. 157.  

Assets.  Copyhold Inheritance shall not be Assets to charge the Heir, Popham 188.  
Copyholder makes a Lease for years by Licence, and dies, this shall not be Assets in the Hands of his Executors, Popham 188.  
Copyholder shall have Aid of the Lord, where the right of the Seignory comes in question upon the Issue taken, 
Aid.  21 H. 6.37. But where he hath Aid of a Bishop, and after the King hath the Temporalties, he shall not have Aid of the King, for so the Plaintiff may be perpetually delayed, 21 H. 6.37.39.   

Privilege of Infants Copy-holders'; Or Resolutions concerning Infants, in respect of Fines, Admittances, barring Estates, and being bound by Customs or not.  
Custom of a Manor is, That if a Copyhold descends to any man, that Proclamation shall be made at three several Courts, that he shall come in to be admitted, 
Infant not comprehended within the Custom of coming in after three Proclamations.  and if he come not in, it shall be a forfeiture to the Lord; yet an Infant shall not be comprehended within this Custom, for he by intendment of Law is not at discretion to make his Claim, 8 Rep. 100 Letchford's Case.  
It seems to be a Rule in Law, An Infant cannot be protected by the Law by his nonage in any Case, but where his Right which he had while an Infant, and descended to him, might have been barred and interrupted by non-claim; so in case of forfeiture; the reason of the Rule is, because the Law conceives he will have that knowledge to preserve his right when he is of full Age, Carter's Rep. 86. in Smith and Painton's Case.  
It was holden in Rumny and Eve's Case, 
Not bound during his Minority to pray Admittance.  1 Leon. p. 100 Pl. 128. If a Copyholder dyeth, his Heir within Age, he is not bound to come into any Court during his nonage, to pray admittance, or to tender his Fine.  
An Infant who surrenders his Copyhold Land, within Age, may enter at his full Age, 
Infant Surrenders, he may enter at full Age.  without being put to any Suit for it. A Case cited in Popham 39 in Bullock and Dibler's Case.  
Infant Copyholder in Fee makes a Lease for years, without Licence, 

Infant shall not forfeit by making a Lease without Licence.  
Acceptance at full Age makes it good to Lessee.   rendering Rend at full Age, he accepts the Rent, and after outs the Lessee. Lessee brings Ejectment, and Judgement for Lessee. Per Cur. this Lease may be affirmed by acceptance, and such a Forfeiture shall not bind an Infant, 8 Rep. 44. Noy 92.   

Of Copy-holds and Copy-holders', in respect of the King and his Prerogative.  
Per Stat. 2 Ed. 6. Cap. 8. Copy-holders' shall enjoy their Estates, where the King is entitled by Office, though they be not found by Inquisition.  
The Statute of Chantries, gives no Copyhold Land to the King, 1 Ed. 6.14.  
The Estates of the King's Copy-holders', confirmed by Decree in the Exchequer, or Dutchy-Chamber, shall be good according to the same Decree. Stat. 7 Jac. Cap. 21.  
A Popish Recusant shall forfeit all his Copyhold Land, 35 Eliz. Cap. 2.  

Whether the King shall have the Copyhold granted in Trust for an Alien.  It was a Question in Car. 1. between the King and Holland, whether the King shall have a Copyhold, which is granted to one, in Trust for an Alien. The better Opinion seems to be, that he shall, Styles Rep. p. 20.37, 75.  
Vide this Case Reported in Rolls 1. Abr. 194. Tit. Alien. If an Alien Amy Purchase Copyhold in Fee, in the Name of J. S. in Trust for himself and his Heirs, It was a great Question and much Argued, whether the King shall have the Trust of this Copyhold? but no Opinion given as to this Point; But the Trust being traversed and found for the King, yet Judgement was given against the King, because, by the Inquisition by which this Trust and matter was found, J. S. who was the person trusted, and who had the Estate in Fee in the Law in him, 
Where the King hath no possion by force of the Inquisition.  was put out of possession of it by the Inquisition, where the Alien had but the Trust and no possession; and therefore admitting that the Trust should have been given to the King, yet the King may not have the possession by force of this, but aught to have sued to have the Trust executed in a Court of Equity.  
The King is seized of a Manor in Fee, in which is a Copyhold demisable at Will, according to the Custom of the Manor. The King demised this Copyhold to J. G. for Life, 
King need not recite in his Grant that it is Copyhold.  by Letters Patents; J. G. dies. The great Question was, if it be destroyed, or the King may grant it again by Copy. Per Cur. 1. The King need not recite in the Grant that it is Copyhold, 24 H. 8.21. 2. 
Copyholder for Life dies, the King may regrant.  That after the Estate for Life determined, the King may grant this House and Land again by Copy of Court Roll: It is otherwise in the Case of a common person. The Rule, That a Custom is an entire thing and cannot be apportioned, shall not bind the King, although it do bind a Common person. The King's Gifts shall be taken favourably, and not extended to two intents, where there is no necessity for it, 
King's Grants favourably construed.  as there is not here; and we are not here to intent a collateral intent, and so the Copyhold is not destroyed; for the Law takes care to preserve the Inheritance of the King for his Successors, and it may be a benefit to the King to have it continue Copyhold, viz. to have Common, Stiles p. 266. Cremer and Burnet.  
If a Bishop, Tenant in tail, for Life or Years, let's a Copyhold, yet this shall not bind the Successor, Issue in tail, or him in Reversion, to grant this by Copy again; neither shall it bind an Infant Lord of Manor; and the Estates and Possessions of the King, are in like manner under the protection of the Law. And if this Copyhold should be extinguished, 
Extinguishment.  perhaps a common Appendent or Appurtenant would be lost, 2 Rolls Abr. p. 197. mesme Case.  
If the King grants a Manor, in which are Copy-holders' in Fee-farm, the Lands or Goods of the Copyholder are not liable to the Fee-farm Rent, although the Freehold is, 
Fee-Farm Rent.  because the Copy-holders' are elder than the Rent, being by Prescription, 2 Rolls Abridgement, p. 157.  

Loss of Issues.  If the Lord of a Manor lose Issues, being summoned upon a Jury, Process shall issue out of the Exchequer, to levy them upon the Lands of the Copy-holders' Lessees for Life or Years; for the loss of Issues lies upon the Land, as an inherent Servitude by the Law, in whose Hands soever it comes, 1 Rolls Abr. 157.  

Surrender to the King, without other matter of Record.  A Surrender of a Copyhold to the King, Lord of a Manor was in Lee and Boothby's Case, 1 Keb. 720. adjudged good, without other matter of Record.  

All the Demesn Lands.  The King grants all his Demesn Lands in W. his Copyhold Lands shall not pass: Aliter in a common person, 1 Rep. 46. Alton Wood's Case.    

CAP. IU.  
The Nature of Custom in general. Maxims of Customs. What things are requisite to make a good Custom. Time out of Memory Explained. What shall be said to be an Interruption of Custom or not. The reasonableness of Customs, how to be judged of. Several particular Customs, Ratione Loci. Of Customs, enabling and disabling. Of Customs and Prescriptions; their difference, and the different manner of Pleading them. The several sorts of Prescription, and how Prescription to be made, and when, and when not, and by whom. And when a Custom shall be said to be pursued or not.  

Custom. The Nature of Custom in general.  
A Custom which hath obtained the force of a Law, is always said to be Jus non scriptum, for it cannot be made or created, either by Charter or by Parliament, which are Acts reduced to Writing, and are always matter of Record: But being only matter of Fact, and consisting in Use and Practice, it can be recorded and registered no where but in the Memory of the People.  
For a Custom taketh beginning and groweth to perfection in this manner. When a reasonable Act once done is found to be good, and beneficial to the People, and agreeable to their nature and disposition, then do they use it and practise it again and again, and so by often iteration and multiplication of the Act, it becomes a Custom; and being continued without interruption time out of mind, it obtaineth the force of a Law. So that Custom in the intendment of Law, is such an Usage which hath obtained vim Legis, and is revera, a binding Law to such a particular place, persons and things wherein it is concerned. Davis' Preface to his Reports.  
Custom then may be defined a reasonable Act, iterated, multiplied and continued by the People, time out of mind.  
Custom in some Cases altars the nature of freehold, 5 Rep. 84. Pennyman's Case, A fortiori of a Copyhold, Hetly, p. 126, 127. Turner and Hodges.  
Consuetudo privat communem Legem. Custom is a ground and need not be proved, for the reason of every Custom cannot be showed, as it was said in Knightly and Spencer's Case: But though Custom takes away Common Law, yet Common Law corrects, allows, and disallows both Statute Law and Custom; for if there be repugnancy in Statute, or unreasonableness in Custom, the Common Law disallows and rejects it, as appears in Dr. Bonham's Case, 8 Coke 27.  
Now Custom being the life and soul of Copyhold Estates, I shall in the next Chapter largely treat thereof in the full extent of it.   

Maxims of Customs.  
1. A Custom shall in construction be taken strictly, and shall not be extended beyond the words of it. One entitled himself to a Copyhold in this manner, That within the Manor there is such a Custom, that if one taketh to Wife any customary Tenant of the Manor in Fee, and hath Issue by her, if he over-live the said Wife, he shall be Tenant by the Courtesy. The Case was, he married a Wife, who at the time of the marriage had no Copyhold; but afterwards, during the Coverture, a Copyhold descended to her. It was held in Sir John Savages Case, cited in Beal and Langly's Case, 2 Leon p. 208. That no Tenancy by the Courtesy did accrue by the Custom, which did not extend, but where the Wife was a Copyholder at the Marriage. So a Custom was, If a Copyholder in Fee dies, having Issue Three Daughters, the eldest shall have all. The Case was, A Purchaser of a Copyhold dies without Issue, having many Sisters, they shall be C●parceners, for the Custom extends only to Daughters. So Burrough English, The middle Brother Purchaseth Lands, and dies sans Issue, the eldest shall have it and not the youngest, 2 Rolls Rep. 368. So a Custom which goes in bar or deprivation of an Estate, shall be taken strictly, Carter's Rep. 87, 88 Yelv. p. 1. Baspool's Case. Forfeiture of a Copyhold for Life, shall not forfeit the Remainder. Custom was, If any Copyholder in Fee Surrender out of Court, and the Cesty que use doth not come into Court to take his Copyhold, after three Proclamations, than the Lord shall seize it, as forfeited: And if a Copyholder in Fee surrender to the use of one for Life, remainder over in Fee, and Tenant for Life comes not in Court upon the Proclamations, this shall not forfeit the remainder, The Custom shall be taken strictly, being in destruction of an Estate, and it shall be intended only of a Tenant in Fee, in possession, and not in remainder, 1 Rolls Abr. 568. Baspool and Long. And yet it shall not be taken literally always, as in the common Case. Custom to grant Lands in Fee-simple, yet they may grant in tail, for Life or Years; but that stands upon this Rule, Omne majus includit in se minus.  
2. Customs are to construed according to vulgar apprehension, because Customs grow generally, and are bred and brought up amongst the Laygents, therefore they are called Vulgares Consuetudines, and they shall be interpreted according to the most effectual operation of the Law, Stiles 146.  
3. Custom does not trench to things collateral to the Estate; such as Entries for Conditions. Copyholder by Licence lets the Land for 60 years rendering Rend, upon condition of reentry; Copyholder surrenders to J. S. in Fee, who demands the Rent, which not being paid, Enters: His entry per Cur. is not good, for Copyhold Land is not within the Statute of Conditions; nor the Surrender of such a Copyhold, such an Assignee as the Statute intends, he being in only by Custom, is not privy to the Lease made by the first Copyholder, nor in by him, but may plead his Estate immediately under the Lord, Yelv. p. 222. Brasier and Beal.  
4. When a Custom warrants a greater Estate, it warrants a less. The Custom was, That Copyhold Lands may be granted to any person in Fee-simple; A Grant to one and the Heirs of his Body is within this Custom: So a Grant for Life or Years: And a Fee-simple includes all, 4 Rep. 23. The Custom is to grant for one, two or three Lives; A Grant to one durante viduitate is good, 4 Rep. 29. Down and Hopkins. Cro. El. p. 323. mesme Case.  
5. Custom of a Manor cannot extend out of a Manor; therefore it ought to appear in Pleading, That the Locus in quo, etc. est infra Manerium, Hobart, p. 286. Roberts and Young.  
6. Custom may enlarge a Grant farther than Common Law; as, Sibi & suis. So to one and his Heirs, by Custom may be restrained to particular Heirs, 2 Keb. 158.174.  
7. If a Custom hath a reasonable commencement, it may be good. And therefore a Custom for Copy-holders' to have, solam & separalem pasturam, may have a reasonable commencement by voluntary Agreement of the Lord with his Copy-holders', to induce them to hold their customary Estates at Will, and bestow their pains and labour in improvement, Sanders 2. p. 326, 327. Robins and Hoskins. Vide Vaughan Rep. North and Coe, good reasons for the contrary Opinion.  
8. What may be claimed by Prescription may be good by Custom, and what may have commencement by Grant, may be claimed by Prescription, 2 Sanders 326.  
9 A Custom never extendeth to a thing newly created. If there be a Custom within a Manor, That for every House or Cottage two shillings Fine shall be paid; now if the Tenant make two Houses of one, he shall pay no Fine, for the new made House; But alteration of Rooms altars not the case in Prescription.  
10. Custom is an entire thing, and cannot be apportioned; yet this Rule shall not bind-the King. Vide supra.  
11. Consuetudo semel reprobata, non potest amplius induci: As Continuance makes the Custom, so Discontinuance destroys it.   

Custom. What things are requisite to make a good Custom.  
Four things are required to make a good Custom.  

Antiquity.  
Continuance.  
Certainty.  
Reason.   
1. Antiquity. Every Custom had a beginning, although the Memory of man doth not extend to it. And this is one of the grand Pillars of Copyhold Estates: Therefore in pleading, we say such Lands or Tenements are demised and demisable, A tempore cujus contrarij memoria hominum non existit. And yet this Rule fails in the King's Case; vide supra. It was said by Rolls Chief Justice in Pilkington and Bagshaw's Case, Stiles 450. That a Custom cannot be urged for a thing that had its beginning since the time of Richard 1. if a Record can be showed to the contrary. But what measure of time shall make a Custom, many differ: Some judge it from the time of Henry 1. to the Stat. of Merton, Cap. 8. which appointeth the Limitation in a Writ of Right, and others say otherwise. And by the Statute W. 1. the Limitation was from the time of R. 1. and these are Limitations as to Writs; but this is since altered by 32 H. 8. 
What shall be said time out of memory.  which is reduced to sixty years' next before the Teste of the Writ. But the true measure is Littleton's Rule, Where a Custom hath been used so long that man's Memory cannot remember the contrary; that is, when such a thing is pleaded that no man then living hath heard or known any proof to the contrary; for if there be any sufficient proof of Record or Writing to the contrary, albeit it exceed the memory of any man living, yet it is within the memory of man; and therefore, regularly a man cannot prescribe or allege a Custom against a Statute, for that is the highest Record, but affirmative Acts do not take away a Custom. If Land hath been demised by Copy for fifty years, and yet some alive remember the same occupied by Indenture, this is not a good Copy, hold: And if Land hath been demised by 40 years by Copy, and none alive can remember the same to be otherwise demised, this is a good Copy. But sixty, or eighty, or an hundred years may make a good Limitation, Calthrop's Reading. Coke Lit. 114, 115.  
2. Continuance. Custom ought to have continuance without interruption, time out of memory; for if it be discontinued time out memory, the Custom is gone. As if a Copyhold be let by the Lord for life or for years, according to the course of the Common Law, it shall never be demised as Copyhold, according to the Custom afterwards. Consuetudo semel reprobata non potest amplius induci; and as Continuance makes the Custom, so discontinuance destroys it. The Continuance for fifty years is enough to fasten customary Conditions upon the Land against the Lord: And per Cur. Though the original Commencement and the customary Interest did commence 10 H. 8. from which time sixty years passed, yet the seizure for a Forfeiture in the mean time interrupted utterly the Continuance from the time which might by the Law have perfected the customary Interest. 
What shall be said an interruption of a customary Estate, or not.  Within the time of forty seven years, a customary Interest cannot be Attached upon the Land, 3 Leon. 107. Tavernor and Cromwell.  
If the Lord of a Manor is seized of an ancient Copyhold for Forfeiture, or by Escheat, and let the same at Will, without Copy, for divers years; this is not any interruption of the customary nature of the Land, but that he may grant it again by Copy. Ibid.  

Interruption.  If customary Land hath been of ancient time grantable in Fee, and now of late times, for the space of forty years, the Lord hath granted the same for Life only; yet he may, if he please, resort to his ancient Custom, and grant it in Fee, 1 Leon. p. 56. Kemp and Carter.  
Customary Land within a Manor hath been grantable in Fee and it Escheats, the Lord may grant the same to another for Life; for the Custom which enables him to grant in Fee, shall enable him to grant for Life; and after the death of Tenant pur vie, the Lord may grant the same again in Fee, for the grant for Life was not any interruption of the Custom, 1 Leon. 56. id. Case.  
3. Certainty. Custom ought to be certain, for incerta pro nullis habentur. 13 Ed. 3. Fitzh. dum fuit infra aetatem, 3. A Writ of Dum fuit infra aetatem was brought against an Infant, the Tenant pleads a Custom, That when the Infant is within such an Age as that he may count twelve Pence, or measure an Ell of Cloth, that then his Feoffment shall be good; this Custom is adjudged void for the incertainty. 
Why an uncertain Custom shall be void.  Now the Reasons why an uncertain Custom shall be void, are 1. Because an uncertain thing may not be continued time out of memory. 2. A man cannot prescribe in a thing which may not at the beginning be well granted, and an uncertain thing cannot well commence by Grant. And if Tenants of a Manor prescribe that they ought not to pay for a Fine to renew their Copyhold Estates, more than the Rent of two years, but aught to pay the Rent for two years or less; this is not a good Prescription for the uncertainty, for sometimes they are to pay two years' Rent, and sometimes less, 2 Rolls Abridg. 264, 265. Green and Berry.  
4. Reason. Custom must be reasonable, therefore it must not be against common Right, or purely against the Law of the Land, as is Littleton's Case. The Lord prescibes, That there hath been a Custom within his Manor, that every Tenant, who marries his Daughter without Licence of the Lord, shall make Fine, etc. This Prescription is void, it is against the freedom of a Freeman, who is not bound thereto by particular Tenure. Alit. if it be upon a special Reservation of Gift of Lands, or Tenure in Villanage, Lit. Sect. 209. So in Sect. 212. To prescribe that the Lord of the Manor hath used to distrain cattle Damage pheasant, and to retain the Distress, till Fine were made to him for the Damages, at his will: This Prescription is void, for it's against reason a man should be Judge in his own Cause. If the Lord will prescribe to have of every Copyholder belonging to his Manor, for every Court he keepeth, a certain Sum of Money, this is a void Prescription, because it is not according to common Right, for he ought to do it gratis, for Justice sake. But if the Lord Prescribe to have a certain Fee of his Tenants, for keeping an extraordinary Court, which is purchased only for the benefit of some particular Tenants to take up their Copy-holds, and such like, this is a good Prescription, and according to common Right, Coke, Cop. 81.  
But now to distinguish what Customs are unreasonable and what not, observe these differences.  
Every Custom is not unreasonable which is contrary to a particular Rule or Maxim of the positive Law. For its a Rule Consuetudo ex certa causa rationabili privat communem Legem. As the Customs of Gavel-kind and Burrow English, are against the Maxim of descent of Inheritance, and the Maxim of Escheat; as in Kent, the Father to the Bough, and the Son to the Blow. So the Custom that the Wife shall have the whole for her free Bench, is against the Maxim of Common Law for Dower. These Customs might have a reasonable beginning, where they are not prejudicial to the Commonwealth, nor to the present Interest of any particular person; yet a Custom may be prejudicial to the Interest of a particular person, and reasonable also, where it is for the benefit of the Commonwealth in general, as to make Bulwarks upon another man's Land in time of War, etc. But  
Custom, which is contrary to the public Good, or injurious to a Multitude, and beneficial only to some particular Person; such Custom is repugnant to the Law of Reason, and void ab initio, and no Prescription can make it good; therefore the Custom of a Manor was, That no Commoner should put in his Beasts till the Lord had put in his, and it was adjudged void, 2 H. 4.24. For if the Lord would never put in his Beast, the Commoners should lose their Common. As to Customs being reasonable or unreasonable, vide several more instances in the Argument of Rolls and Mason's Case, 2 Brownl. 86, 88 Customs may be reasonable, ratione loci.  
Custom is, 
Several particular Customs in several places.  where Copyholder had Issue only Daughters, the eldest shall have this for Life, and after her death it shall go to the next Heir Male of the Father, to him and his Heirs, and if no such Heir, than it shall Escheat to the Lord. Copyholder dies, 
Borderers on Scotland.  his Wife hath it durante viduitate, leaving two Daughters, and during this time the eldest dyes; The Question was, if the second Daughter or the Lord by Escheat had the better Title. Per Cur. 1. The Custom is good, and the Estate which the Daughter had is an excrescent Estate, and not properly a descent. 2. She that was eldest at the time of the death of the Mother shall have it, and not only Primogenita filia, Siderfin, p. 267. Newton and Shafto. This Custom was good ratione loci, for such Manor is bordering on Scotland, where were frequent Invasions.  
And Feme sole Merchant is good, ratione loci, 
Feme Sole Merchant.  London.  
The Custom of the Isle of Man, That one shall be hanged for stealing a Capon, 
Isle Man.  but not for stealing an Ox, is good.  
In the Manor of Bemister in Dorset, 
Bemister.  is this Custom, That a Copyholder ought to nominate his Successor, otherwise the Land shall Escheat, and it has been allowed to be a good Custom.  
So the Manor of Taunton, 
Taunton Dean.  That the Wife of the Copyholder shall have the Inheritance of her Husband, Siderfin, p. 267. id. Case.  
The Custom of Milan in Norfolk is, 
Milan in Norfolk.  If any Copyholder will sell his Land, and agree upon the Price, at the next Court the next of his Blood, and if he refuse, any other of his Blood may have the Land. And such like Custom there is at Ham in Middlesex, 
Ham in Middlesex.  The next Clivener, which is he that dwelleth next to him, shall have the refusal, giving as much as another will; and he which inhabits on the East, the first, and then the South, etc. 2 Brownl. 177.  
As for the other Rules of the validities of Customs, as that they ought to be on good Considerations, and beneficial to the Prescriber, as Calthrop, and Coke Copyholder treat of, they may be referred to the foregoing Rules.  
Now you see there are three supporters of a Copyhold Custom.  
1. Time, and that must be out of the memory of Man; so that Copyhold cannot begin at this day.  
2. That the Tenements be parcel of the Manor, or within the Manor.  
3. That it hath been demised and demisible by Copy of Court Roll; 
Demised and demisible, how understood.  for it need not be demised time out of mind by Copy of Court Roll; but if it be demisible it is sufficient: For Example, If a Copyhold Tenement Escheat to the Lord, and the Lord keeps it in his hands many years, during this time it is not demised but demisible, for the Lord hath power to demise it again, Coke Lit. 58. b.   

Customs of Manors are Disabling, Enabling.  
Disabling is, That the Tenant by a particular Custom shall not be allowed to do that which he might by the general Custom of Manors. As a man may sell Land to whom he will by the general Custom of Manors, yet in some Manors by special Custom he must make an offer to the next of Blood: Vide supra, Customs, ratione loci.  
Enabling is, where the Tenant by a particular Custom shall be enabled to do that from which he is restrained by the general Custom of Manors. By the general Custom of Manors the granting of Copyhold Land for more than one year without Licence, is a Forfeiture; yet in some Manors they may do it, and it shall not be a Forfeiture, Coke Copyhold. 79. Sect. 33.  
You will find Prescription mentioned in the ensuing Cases; therefore it will be of good use a little to open the nature of Custom and Prescription, and to show how and wherein they agree, and wherein they differ, and also the difference as to Plead.  
Custom, Prescription, and Usage, are of great Affinity, yet they differ thus:  
Custom is where by continuance of time a Right is obtained concerning divers persons in Common.  
Prescription is where by continuance of time one particular person obtaineth Right against another, either a Person or Body Politic.  
Usage is by continuance of time, and an efficient cause of both.  
Limitation is where a Right may be obtained by reason of Non-claim, by the space of a certain number of years, calthrop's Reading.  
1. Prescription, is made in the Person, and so the Pleading is, That he and all his Ancestors, etc. Or he and all those whose Estate he hath time out of mind, used to have Common of Pasture in such a place, etc. being the Land of some other, etc. as pertaining to the said Manor. Custom is, a Copyholder of the Manor of D. doth plead, That within the same Manor there is and hath been such a Custom timeout of mind used, that all the Copy-holders' of the said Manor, have and used to have Common, etc. Coke Lit. 113. b.  
So Custom lies upon the Land. As, infra manerium talis habetur consuetudo, etc. 8 Rep. Swain's Case. And such Custom binds the Land, as Gavel-kind, Borough English, etc.  

Prescription ought to have a Lawful beginning, not so of Custom.  So is Coke 6 Rep. Gateward's Case. Prescription is alleged in the Person, and a Custom ought always to be alleged upon the Land; for every Prescription by common intendment ought to have a lawful beginning; but it is otherwise of a Custom; for this aught to be reasonable, and Ex certa rationabili causa usitata, but it need not to have an intendment of a lawful commencement; as, Custom to have Land devisable, or of the nature of Gavel-kind, etc. but by common intendment they may not have a lawful commencement by Grant or Agreement, but by Act of Parliament, Gatward's Case, 6 Rep.  
So 4 Rep. 32. in Foyston's Case. Prescription is personal, and is always made in the name of a person certain, and his Ancestors, or of those whose Estate he hath: But Custom is local, and alleged in no person; but that within a Manor, etc. is such a Custom; and this shall serve for those which cannot Prescribe in their own name, nor in the name of a person certain. In Gateward's Case, 6 Rep. Defendant justifies in Trespass by Custom, That all the Inhabitants in such an Ancient Message, within the Vill of D. ratione commorationis, have used to have common of Pasture in loco in quo, etc. this is ill pleaded, for in this word, Inhabitants are included Tenants in Fee, for Life, Years, by Elegit, at Will, and also he that hath no Interest, but Habitation only. Now Tenant in Fee ought to Prescribe in his own Name, 
Tenant in Fee in whose name to Prescribe, in whose name others.  and the others which have Interest in the name of the Lord, and he that hath no Interest cannot have Common. But there is no one that hath an Interest, be he Tenant at Will, but by good Pleading he may enjoy it. Now Copyholder in Fee or for Life, may by Custom of the Manor have Common in the Demesns of the Lord of the Manor, but then he ought to allege the Custom of the Manor to be Quod quilibet tenens customar cujuslibet anti qui Mesuagii Custumarii, etc. 
How a Copyholder shall plead.  and not Quod quilibet Inhabitans infra aliquod antiquum Mesuag. Custumar. etc. And a Prescription for the Inhabitants to be discharged of Tithes by a Modus, or Freemen of London to be discharged of Wharfage, etc. must be pleaded by way of Custom, 
When a thing must be pleaded by way of Custom, and when by way of Prescription.  and not by way of Prescription, because the Inhabitants or Freemen cannot Prescribe in their persons, and therefore are allowed to lay a Custom for their Discharge, and the nature of the things is not changed, but remains still a Prescription in his kind, though it be allowed to be pleaded by way of Custom, for necessity sake. And in Gateward's Case, a thing lying properly in Prescription, as Common did in that Case, being an Interest which must inhere in some body, 
Common for Copy-holders' in the Lord's Soil must be pleaded by a Custom in the Soil of another by Prescription.  cannot be pleaded by way of Custom, as there they would have made it for Inhabitants, that are not permanent to Prescribe; but yet Common for Copy-holders' in the Lord's Soil, is allowed to be pleaded by Custom, for necessity's sake; whereas in the Soil of another, it must be laid by Prescription in the Lord, and yet the nature of both is a Prescription; but a matter of discharge may be laid by way of Custom, for that is not an Interest but an Exemption; thus that great man, my Lord Hobart, p. 86. in Day and Savage his Case.  
My Lord Coke in the Argument of Rowls and Mason's Case, makes four differences between Prescription and Custom.  
1. In the beginning, pugnant ex diametro, for nothing may be good by Prescription, but that which may have beginning by Grant.  
2. Prescription is incident to the Person, and Custom to some Place, and holds place in many Cases which cannot be by Grant. As Lands may be devised by Custom: So Gavel-kind and Burrow English, etc. which cannot have their beginning by Grant. But Prescription and Custom are Brothers, and aught to have the same Age, and Reason ought to be the Father, and Congruence the Mother, and Use the Nurse, and Time out of Memory to Fortify them both.  
3. They vary in Quality; for Prescription is for one man only, and Custom for many, if all but one be not dead.  
4. They vary in Extent and Latitude; for Prescription extends to Fee-simple only, but Custom extends to all Interests and Estates whatsoever, as appears by the Pleading. Prescription that a Copyholder of Inheritance may sell the Trees, is not good, but such a Custom is good. Tenant in tail for Life or Years cannot Prescribe in a Que Estate, nor against the Lord in his Demesns, 
Who may prescribe in a Que Estate or not.  but they ought to allege the Custom, and against a Stranger they ought to Prescribe in the name of the Lord, 2 Brownl. 198.  
In a Manor the Custom was, That every Copyholder for Life, had Estovers for Fuel, etc. in the customary Lands: Now if the Lord aliens the Woods, etc. in Fee, and after Grant Copyhold Lands and Houses for Lives, the Grantees shall have Common of Estovers, Pasture, etc. notwithstanding the Severance; but after such Severance of the Waste or Woods, 
Common is due to the Copyholder, notwithstanding Severance by the Lord, and how to be pleaded.  the Copyholder, when he would entitle himself to Common or Estovers, the Copyholder shall not plead generally, Quod infra Manerium praed. talis habetur, etc. consuetudo, etc. for after the Severance, this Waste or Wood is not within the Manor, but absolutely divided from it; but he shall plead, That until such a time (viz.) before the Severance Talis habebatur & a toto tempore, etc. consuetudo, etc. and then show the Severance, as in Murrel's Case, 4 Rep. So he must do where the Lord aliens the Freehold and Inheritance of the Copyholder, Swain's Case, 8 Rep.  
2. It is said a Prescription goeth to one man, and a Custom to many, 1 Brownl. Rep. 133. in Rowls and Mason; and yet in Foystons Case, 4 Rep. the Custom for Common may be applied to one single Copyholder.  
3. The Allegation of a Custom shall serve when it is referred to a thing insensible, as that such Lands are devisable, etc. Foystons Case.  
There is nothing more common than for the Lord to Prescribe for his Tenants, by Copy in another man's Land, whereas if it be laid in his own, it shall ever be laid by Custom, Hobart, p. 286. Roberts and Young.  
There is a difference between a Prescription for Freehold Land and for Copyhold Land; for Custom which concerneth Freehold, 
Difference between a Prescription for Freehold Land and for Copyhold Land.  aught to be throughout the County, and cannot be in a particular place, 45 Ass. but Precription concerning Copyhold Land, is good in one particular, Cro. El. p. 353. Taverner and Cromwell.  
4. A Prescription must be in a thing done, and not in posse, therefore a Custom that Quaelibet femina vira cooperta poterit devisare, her Copyhold Inheritance to her Husband, is not good, 3 Leon. 83. Skipwith's Case.  
To Customs and Prescriptions, these two things are inseparable Incidents, viz. Possession or Usage, 
Interruption in the possession in the right.  and Time. Possession must be Longa, continua & pacifica. Now observe, a Title once gained by Custom or Prescription cannot be lost by interruption of the Possession for ten or twenty years; but by interruption in the Right. As if a man hath had a Rent or Common by Prescription, unity of Possession of as high and perdurable Estate, is an interruption in the Right, Co. Lit. 114. b. And if a man hath Common by Prescription and takes a Lease of the Land for twenty years, the Common is suspended for that time, and after the years ended, he may claim the Common again by Prescription.  
1. Personal Prescription, and in that Inhabitants may Prescribe, as for a Way, or matter of Ease or Discharge, Gateward's Case.  
2. Real Prescription, and this is inherent to the Estate, and this is where a man Prescribeth, That he and all those whose Estate he hath, etc.  

Prescription as to the Estate of the Land, and not to the Land itself.  3. Local Prescription, not as to Land, but to the Estate, and therefore the Custom was, That the Copyholder should have Common in the Waste of the Lord; the Lord by Deed confirms to a Copyholder, to have to him and his Heirs, with its Appurtenances. The Question was, whether his Copyhold now being destroyed, he shall have Common by the word Appurtenances? Per Cur. the Common is extinct, and not revived, for this is a local Prescription, not to the Land, but only to the Estate, and this proves well the words of the Prescription, for the Copyholder ought to Prescribe, That every customary Tenant within the Manor, etc. So he hath his Common in respect that he is customary Tenant, and this is in respect of the Estate which he hath by the Custom, and not in respect of the Land, 2 Brownl. 210. Marsham and Hunter.  
Copyholder for Life cannot Prescribe against his Lord, but Copyholder in Fee may, 

Copyholder for Life may not Prescribe against his Lord.  
Copyholder in Fee may, and how.   for he hath the Copyhold in nature of Land of Inheritance, Styles 233. Cage and Dod.  
Per Cur. a Copyholder may Prescribe by an usitatum est against his Lord, but against a Stranger he must Prescibe in the name of the Lord, More, n. 647. 6. Rep. 60.  
Copyholder of Inheritance may Prescribe in the name of the Lord, to be discharged of Tithes, Noy, p. 132.  
Copy-holders' may not Prescribe against their own Lord; omnino, nor against any other, but only in the name of their Lord, and the manner of laying it is by a Custom, when they claim any thing or profit out of the Lords Soil, vide Sanders 324, 5, 6. Hoskin and Roberts.   

What shall be said a pursuance of a Custom or not.  
If the Custom be, That the Lord may Demises Copyhold in Fee, he may Demise them for Life, Years, or in tail; for these Estates are included in a Fee, which is greater, 1 Roll. Abr. Staunton and Barns. Cok. Lit. 52. Vide supra Maxims and Customs, 4 Rep. 23. The Case of the Manor of Allesly in Warwickshire.  

(Solummodo) how expounded  If the Custom be, That the Lord may solummodo Demise his Copyhold Land in Fee, yet the Lord may Demise this for Life or Years, or in tail, though there was never any such Estate made before; for the word solummodo is not to be taken so strictly to restrain the Lord of this liberty which the Law gives upon the general Custom; but that he had used solummodo to grant in Fee, which doth not take away the liberty which the Law gives, 1 Rolls. Abr. 511. mesme Case.  
Custom is to Grant for one, two, or three Lives, a Grant to one, durante viduitate, is within the Custom; for the Estate granted was less than the Custom warranted. The Custom was, That the Wife shall have the Land for term of her Life. The Evidence was, That the Custom was, that she shall have it, durante viduitate. Per Cur. This Evidence doth not maintain the Custom, 4 Rep. 30. Down and Hopkin's Case.  

A Grant to three for the Lives of two is within the Custom of three Lives.  If the Custom be, That Copyholds may be granted for three Lives, a Copy may be granted to three for the Lives of two, within this Custom. For it is no inconvenience to the Lord although it be pur altar vie, for there shall be no occupancy of it, but the Lord shall have it, if the Tenants pur altar vie dye, living cesty que vies, and this is not a greater Estate than three Lives, but lesser, Rolls Abr. 511. Venus and Howel.  

But to one for Life Remainder to another for Life, etc. is not good.  A Copyholder where the Custom was to Demise for three Lives, demised to one for Life, the remainder to such an one as he should marry, and the first Son of his Body; resolved, that both the remainders were void, but the Estate for his own Life is good, More, n. 922. Webster and Allen.  
Custom is, when any Tenant sells his Tenement, three Proclamations shall be made the next Court day, and if any of the Blood of the Vendor, will give as much money as the Vendor will, he shall have it. A Tenant in consideration of one hundred pounds in Money, and that the Vendee, being his Physician, had cured him, sold it to him; and the next of Blood at next Court offers a hundred pound, yet he shall not have it, for it was given partly for the other consideration, and the Custom shall be for money only, 1 Rolls Abr. 568. So if he had sold it in consideration of a Lease for years, and 1 d. ibid.    

CAP. V.  
Of particular Customs, either enabling or disabling; in respect of the Lord, of the Tenant, and of the Estate, Limited or Leased; and in respect of Descents.  
WHAT particular Customs have been adjudged good, or what not; either enabling or disabling Customs, Vide supra of Customs, ratione loci.  
And they may be considered in three respects.  

Of the Lord.  
Of the Tenant.  
Of the Estate.   

1. In respect of the Lord and his Privilege.  
The Wife of the Lord shall not be endowed against a Copyholder, for the title of Dower is not consummate before the death of her Husband; 
Dower.  so as the title of the Copyholder is paramount and completed before the title of Dower, Leon. 152.  

Waste.  The succeeding Lord shall not take advantage of Waste done in the time of the preceding Lord, 2 Siderfin, p. 9 Chamberlain and Drake; Vide infra.  

Common.  A Custom, That none shall put his cattle into the Common before the Lord puts in his, is not good; Vide supra, the Rules of Customs, 1 Bulstr. Earl of Northumberland vers. Wheeler, 21 Ed. 4. 28 b.  

Fine.  A Custom that a Copyholder shall upon the change of every Lord pay a Fine, is void; Vide the Rules of Customs. For the Lord may change his Manor every day. Had it been that after the death of the Lord he should pay a Fine, it had been good. This was resolved by the Judges in Serjeants-Inn, in a Case of one Armstrong, referred out of Chancery.  

Lord cannot grant a Copyhold in Reversion.  The Lord of a Manor cannot grant a Copyhold in Reversion, without a special Custom, March. Rep. 8. Whether the Lord of a Manor might grant Copies in the remainder only, with the assent of the Tenants, was a question if it was a good Custom, but not resolved, 3 Leon. 226.  
The Copyholder is surdus & mutus, the Lord shall have the custody, for otherwise he shall be prejudiced in his Rents and Services, and not the Prochein Amy, Cro. Jac. 105. Eavers and Skinner.  

To seize the Estate of a Convict Felon.  Custom was, if a Copyholder be convict of Felony, the Lord shall seize the Copyhold Estate, it is a good Custom, 1 Leon. p. 1. Bornford and Packington, 2 Brownl. 217. Hitchins and Cooper.  
Custom was, that if the Tenant did not repair, and it was presented by the Homage, 
To repair or be presented.  The Tenant shall be amerced, and the Lord shall distrain the Beasts of the Tenant and under-Tenant; a good Custom, March p. 161. Thorn and Tyler. For the Custom which gives the distress, knits it to the Land, and so it is not merely personal; otherwise the Lord by such a devise as this, viz. by making the Lease for one year by the Tenant, should be defeated of his Services; and though a Custom cannot extend to a Stranger, 
Custom cannot extend to a Stranger. Under-Tenant not a mere Stranger.  yet the under-Tenant is not a mere Stranger, but as a customary Tenant, for he shall have the Privileges of a customary Tenant, & qui sentit commodum, etc. And transit terra cum onere. He that shall have the Land ought to undergo the charge: By all the Judges in that Case.  
Customs as to Surrenders, vide Surrenders.  
Customs as to Forfeitures, vide sub titulo Forfeitures.  
Customs as to Admittances, Fines, vide Fines, Admittances.  
Custom, 
The Lord not compellable to make a Grant, but he is to make an Admittance.  That after the death of Tenant for Life, of a Copyhold, the Lord is compellable to make the Estate to the eldest Son for Life, and if he hath no Son, to the Daughter, and so imperpetuum; this is not a good Custom, but against Law, because the Lord by this Custom is compellable to make a Grant. Aliter if it be to make an Admittance, More, n. 1088. The Lord Grey's Case.   

Customs in respect of the Tenants.  
As to Forfeitures, vide sub titulo Forfeitures.  
As to Surrenders, vide Surrenders.  
As to Fines, vide Fines, etc. & Sparsim per tout▪  

That the Lord shall have the Estate of a Felon.  The Custom was, if any Copyholder of a Manor commit any Felony, that he shall forfeit to the Lord his Copyhold Estate, and that the Lord upon presentment of this by the Homage, may enter and seize the same; it's a good Custom: But the Case went farther H. a Copyholder had killed one P. and the same was presented by the Homage, 
If he be acquitted.  and they find that H. was Indicted for the same, and Acquitted; after this acquittal the Lord did enter and seize the Estate as forfeited. But as to that point, the Court gave not any Opinion. 2 Brownl. Rep. Gittins and Cooper.  

By-Laws.  Custom was, That the Steward of a Manor might make Laws and Ordinances for the well ordering of the Common; and to assess a Penalty on those who broke those By-Laws, also to prescrribe to Distrain for the Penalty. Per Cur. The Custom is reasonable, and the difference is, where the Law or Ordinance takes away the whole profit of the Commoners, and where it abridgeth it only. And the Commoners are bound to take notice of these Ordinances, March. p. 28. James and Titney.  
Custom to make By-Laws. And this Law was made, That no Tenant of the said Manor, should put into such a Common, any Steer being a year old or more, upon pain of 6 d. for every such Offence, and that it should be lawful to distrein the same. It's avoided by Law, for it's against common Right, where a man hath Common for all his cattle commonable, to restrain him to one kind of cattle; and had it been that none should put in his cattle before such a day, that had been good, for this doth not take away, but order the Inheritance, 1 Leon. 190. Erbery and Latton.  
Custom was, A Copyholder for Life may nominate his Successor to have it for Life, 
To compound for the Fine.  and the person nominated to compound with the Lord for the Fine, and if he could not compound, than he should give such a Fine as the Homage should Assess, and should be admitted and hold for his Life, it's a good Custom, Cro. Jac. 368. Ford's Case. 1 Rolls Rep. 125.195. More, n. 1071. mesme Case. 2 Brownl. 85. Rolls and Mason. Noy Rep. 2. Yestmester Custom. In this he hath a greater Estate than a Sole Tenant for Life.  
In Replevin and Avowry for not doing Suit, 
To tender 8 d. for doing suit in a Court-Baron.  the Plaintiff sets forth a Custom, That if any Tenant live at a distance, and comes at Michaelmas, and pays eight pence to the Lord, and a penny to the Steward, he shall be excused for not attending; and then he said he tendered eight pence, and the Lord refused: 
Tender and refusal all one with payment.  if he avers, That there are sufficient Copy-holders' that live near the Manor, its good, and tender and refusal by Hales, is all one with payment. Modern Rep. p. 77. Legingham and Porphiry. It's a good Custom, this not being a customary Court, but a Court-Baron, where the free Suitors are Judges, Siderfin p. 361. mesme Case. 2 Keb. 344, 380, 851, mesme Case.  
The Custom was, 
Lord not compellable to make a Surrender.  That after the death of Tenant for Life of a Copyhold, the Lord is compellable to make an Estate to the eldest Son, for Life, and if he hath no Son, to a Daughter, and so in perpetuum. The Justices were of Opinion, that this was against Law, More, n. 1088. Lord Grey's Case, Vide prius.   

Of Customs in respect of the Estate.  
Here I shall recite some few Cases of Customs about Leasing and Limitation of Estates, when good or not.  
As to the Custom concerning Leases, Vide Leases and Licenses.  
As to the Custom of Intailing Copy-holds, and barring them, Vide sub titulo, Entails.  
As to the Ceremony of Presentment, vide Presentment.  
Pled. quod si terre sunt concesse habend. sibi & suis, grantee habet in feodo, Ra. Entries 627▪ 116, 155.  
Pled. quod si terrae sunt concessae al. 2 pro vitis, ille qui primo nominatus in copia habeat terras solus pro vita, 3 Br. 475. Hern 73, 83, 124, 654, 712.  
Simile de terris concessis all 2. pro vitis in reversione, Co. Entr. 184.  

Paying Fine and renewing Leases.  The Custom was, That the Land was demiseable for twenty one years, paying the triple value of the Rent; and if he died within the Term that the Term should be to his Heir, paying a Fine certain of one years' Rent, and if he Assigned the Term, the Assignee should have it, paying for a Fine one years' value of the Rent▪ and he who had it might by the Custom renew it for twenty one years, paying three years value and this was admitted to be a good Custom by the Court, Croke Jac. p. 671. Page's Case.  

To assign one to take the Profits of a Copyholder Infant.  The Custom was, The Lord of a Manor might assign one to take the Profits of a Copyhold descended to an Infant, during his nonage, to the use of the Assignee, without rendering an account; it was held to be a good Custom, as a Rent granted to one and his Heirs to cease during the nonage of every Heir; and admitting the Custom were void, yet an Action of Account lies not, 
Prochein Amy.  for the Defendant hath not entered and taken the Profits as Prochein Amy, in which case although he was not Prochien Amy, he is chargeable as Prochein Amy, according to his Claim, but here he claimeth by the Custom and Grant of the Lord, and not in the Right of the Heir, 1 Leon. p. 266. Case 357. Anonymus.  
The Custom was, 
The Lord to dispose the Estate when the Tenant leaves it in incertainty.  That if any one surrender to the use of another, without expressing any Estate, that the Lord may grant it in Fee to him to whose use the surrender was made, it's a good Custom, for he is a Chancellor in his own Court to dispose thereof, when the Tenant leaves it uncertain, Crok. El. 392. Brown and Foster.  
Custom in the Manor of Sedgly in Com. Staff. was, 
Lease to be void if Copyholder die within the year.  If a Copyholder make a Lease without Licence of the Lord for one year, and dies within the term, it shall be void against the Heir. Per Cur. it's a good Custom, for then the Lord may know his Tenant, and the Tenant may have the Estate and pay his Fine. It's void by the act of God; but had the Custom been, That if a Copyholder within the year surrender his Copyhold, that the Lease shall be void, this is an unreasonable Custom, Lit. Rep. 233. Hutton 126, 127. Turner and Hodges.  
Custom, 
To Lease without Licence.  That five Copy-holders' without Licence (they being seized in Fee) may make any Lease for one year or many years, and when they die the term shall cease, and the Heir may enter; it's a good Custom, Hutton, p. 101.  
Custom, 
To hold after the term ended.  That a Lessee for years may hold the Land for half an year after the term ended; it's no good Custom, More, n. 27.  

Not to alien without Licence.  Custom, That a Copyholder shall not alien without Licence, is good, for it may have a lawful commencement by agreement.  

To Lease. without Licence.  A Custom, That on payment of a years Rent, the Lord should Licence to let for 99 years, and if he refused, the Tenant might do it without Licence, adjudged a good and reasonable Custom, Grove and Bridges, cited in Porphyry and Legingham's Case, 2 Keb. 344.  

For Lessee pur vie, to let for another man's. Life.  A Custom, That Lessee for Life may let for another man's Life, is no good Custom; but the Lord may by Custom Lease the same for Life and forty years after, More, n. 27.  

To commit a forfeiture, and so to bar the entail.  A Custom for a Copyholder, tenant in tail, to make a Lease for years without Licence, to commit a Forfeiture, on purpose to bar the entail, and to transfer the Lands over to any other person, is a good Custom, and is but in the nature of a Surrender or Common Recovery, 2 Saunders 422. Grantham and Coples. And the Lord in such cases may not admit any other but him to whom it is appointed by the Tenant making such Forfeiture, and when such Cesty que use is admitted, he shall avoid all mean acts or dispositions made by the Lord, as well as upon a Surrender, and this though he was not admitted in the life of the Tenant so forfeiting, Vide infra Tit. Intayling Copy-holders'.   

In respect of Descents.  
The Manor of Wadhurst in Com. Sussex, consisted of two sorts of Copyhold, viz. Sookland and Bondland, and by several Customs in several Manors; as if a man be first admitted to Sookland, and afterwards to Bondland, and dies seized of both, his Heir shall inherit both; but if he be first admitted to Bondland, and afterwards to Sookland, and of them die seized, his youngest Son shall Inherit, 1 Leon. p. 36. Kemp and Carter.  
A. Seized of Copyhold in Fee, 
Copyhold, Burrough English.  in the nature of Burrough-English, surrenders this into the Hands of the Lord ea intention, That he shall re-grant this to him and his Wife, and to the Heirs of himself, and the Lord regrants this accordingly. And there is a Custom, That if any person seized in Fee of such customary Lands, and dies so seized, that the Land shall descend filio juniori, etc. And A. having Issue three Sons, and ten years after his death, the youngest Son dies in the Life of his Mother, without Issue. Per Jones and Crook, The elder Brother shall have this as Heir to the youngest, and not the middle Brother, 
Custom not to extend to Collateral Descents.  for the Custom may not extend to a collateral Descent, viz. to direct the Descent amongst the Brothers, for this is out of the Custom; and the Custom was once satisfied by Descent to the youngest, and there is an end of the Custom, and where Custom fails, Common Law shall guide the Descent. 
Where Custom fails, Common Law guides the Descent.  And by this special Custom; he which is youngest Son at the death of the Father shall have the Land, and not he which comes to be youngest afterwards; but Bramston and Berkly contra, 1 Rolls Abr. 624. Reeve and Malster. Vide Maxims of Copy-holds, supra.    

CAP. VI  
Customs of a Manor as to Wives and Widows of Copy-holders'. What are good and what not. As also of Tenancy per le Courtesy. And where the Severance of the customary Tenants from the Manor shall not prejudice.  
CUstom of Manors, That Husbands shall be Tenant per le Courtesy, and the Pleading, Moore 171.  
Custom of a Manor is, That the Wife shall have it during her Life; and on Evidence it appears the Custom was, she should have it durante viduitate; this Evidence doth not maintain the Custom, because it is a less Estate, Cok. 4. Rep. 30.  
That the Wife of a Copyholder for Life, may hold it durante viduitate, was agreed to be a good Custom; and so the Custom of Taunton-Dean, That if a Copyholder in Fee marries a Wife, 
If the Wife survives she shall have the Fee.  if the Wife survives she shall have the Fee, & sic e converso, agreed to be good, Noy Rep. p. 2.  
There can be no Dower nor Tenancy by the Courtesy of the Copyhold, unless by special Custom, 1 Anderson 292.  

Lease made before admittance.  A man may be Tenant by the Courtesy by Custom. Though the Husband enter into the Land in the right of the Wife, before admittance, and the Wife dies before admittance, his Lease shall be good, 1 Anderson 192. Ewer and Astwick.  
It was admitted by the Court to be a good Custom, That an Executor or Administrator shall have an year in the Land of the Copyholder, 
Custom, that the Executor shall have an year in the Copyhold.  against the Wife that claims her Free-Bench, Noy, p. 29. Remington and Cole.  
If a Woman be Dowable of Copyhold by Custom, if the Husband after the marriage makes a Lease for years, good by the Custom, 
Tenant in Dower shall not avoid a Lease made by the Husband.  the Tenant in Dower shall not avoid it, but it shall precede the Dower, More, n. 147. Holder and Fairly. For he comes under the Custom as well as the Feme.  
The Custom of a Manor was, Quod quilibet tenens per Copiam poterit dimittere terras suas pur vie, or in Fee, or in tail, 
Custom, that the Wife Feme covert may Devise.  and that a Woman cooperta viro poterit devisare her Copyhold Land to her Husband or to any other, by the assent of her Husband. Per Cur. The Custom is not unreasonable: But because it was poterit devisare which is a word of justification, and it should have been usi sunt devisare, by way of excuse; it was adjudged against the Plaintiff, More, n. 268. And so was one Welsh's Case, in C. B. 41 El. 3 Leon. p. 81. Skipwith's Case.  
The Custom was, That Widows should enjoy during their Widowhood. 
Where the severance of the customary Tenants from the Manor shall not prejudice the Widow in her customary Estate.  The Lord Grants a customary Tenement of the Manor unto J. B. for Life, by Copy and after conveys the whole Manor to W. who conveyed the Inheritance and freehold of B's Tenement for money paid by B. to J. S. and others, and their Heirs, during the Life of J. B. the remainder to Ellen, than Wife of J. B. the remainder to J. B. in Fee. J. B. Grants his remainder in Fee to his Son and his Heirs. The Son having Issue a Son, died, and then Ellen died. J. B. marries Frances, and dies seized of his customary Estate. Frances shall enter and enjoy her Widow's Estate; for it is clear, That the customary Estate of J. B. remained as it was during his Life, not extinct nor altered by the purchase of the Fee-simple, which during his Life was in others, not in him; and than it follows by consequence, That all customary Incidents to such a customary Estate remain, whereof this is one, which by Custom and Law grows of itself out of that Estate, as a Descent should have done if J. B. had been a Copyholder in Fee, and the Freehold had been granted to another in Fee, Hobart, p. 181. Howard and Bartlet. It is not in the power of the Lord to destroy Widows Estates. By the severance Incidents to the Tenancy are not destroyed, but Incidents to the Seignory are.  

The Law vests the Estate in a Woman that is to hold durante viduitate before admittance.  The Custom is, That a Woman shall hold durante viduitate, she shall make a Lease before admittance, for in that case there is no Fine due to the Lord, and the Law vests the Estate in her, Noy 29. Remington and Cole. Hobart 181. Vide Admittance.  

The Lord Enfeoffs the Copyholder; this destroys Free-Bench.  A Custom of a Manor was found to be, That if a Copyholder in Fee dies seized, his Wife should hold it during her Life, as Free-Bench; the Lord Enfeoffs the Copyholder, who died seized. Per Cur. she shall not hold her Free-Bench; aliter, if the Lord had enfeoffed a Stranger of that Land, yet the Land remained Copyhold, and the Custom is not taken away, Crok. Jac. 126. Lashmer and Avery.  

Damages recovered in Dower.  A Woman recovered Dower in the Lord's Court, and 40 l. because her Husband died seized, and she brought Debt for the Damages in the Kings-Bench. Per Cur. The Action lies not, because the Court-Baron could not hold Plea, nor award Execution of 40 l. Damages, although the Damages were there well assessed, More, n. 559.  
If a Feme Copyholder holds the Land durante viduitate, and then takes Husband, the Lord shall have the Corn, Oland's Case. Vide Emblements.  
The Widows customary Estate is due to her, 
Divorce.  though there was a Divorce a mensa & thoro, Hobart, p. 181. Howard and Bartlet.  
Tenant of a Copyhold for Life, 
Whether the Widow attaint for Felony shall have her Estate of viduity.  in which the Custom was, That the Wife should have her Widow's Estate, and the Husband was attaint of Felony and Executed. The Question was, whether she should have it? Winch, not without a special Custom. Winch Rep. 27. Allen and Branch.  
That the Wife shall not have her Dower, 
The Wife to claim her Dower within a year and day.  except she claim it within a year and a day; it's said to be a good Custom, 3 Leon. p. 226.  

Plead.  
Custom. Quod Uxores habeant Tenementa custumaria durante viduitate sua, Dyer 192. 3 Br. 403, 476. Hern 73.  
Quod Uxores Tenen. custumar. in feodo habeant pro vita Tenementa unde viri obierunt seisita. Et si viri dimiser. tunc revers. & reddit, Cok. Ent. 123.    

CAP. VII.  
Custom as to Timber, Woods and Vnderwoods; and what Prescription by a Copyholder to cut Trees shall be good or not.  
TEnant by Copy of Court Roll cannot by the Common Law take Trees for House-bote, Hedge-bote and Cart-bote, etc. as Tenant for Life or Years may do, who have an Estate certain; but a Copyholder by special Custom may do it, Cro. El. p. 5. Lord Montague against Sheppard.  
Where a Custom was alleged to be, That every Copy holder may cut down Trees at his pleasure, this Custom is against Common Law Winch, p. 1.  
If a Custom be, That a Copyholder may not cut down Trees, it is good or not good with this difference: If he be a Copy-holde of Inheritance, such a Custom is good; but if he be a Copyholder for Life, its no● good, 1 Bulstr. 150. Earl of Northumberland against Wheeler. The Tenant prescribes to c●● and dispose all the Trees upon his Tenancy▪ its an ill Prescription. Aliter of a Copy-holde of Inheritance, Noy, p. 2. So it is adjudged it 1 Rolls Abr. 650. Glascock and Peche. It's a good Custom, 
Copyholder in Fee may cut Trees and sell them by Custom.  That Copyholder in Fee may cut Trees and sell them at his pleasure; aliter 〈◊〉 a Copyholder for Life, Rook and Higgins' Case Ibid.  
Queen Eliz. Seized of the Manor of H. i● Fee, demiseth the same to J. W. except Omnibus boscis subboscis arboribus & maremiis, &c▪ Habend. for twenty one years; He 35 Eliz. Assigns his Interest to J. P. and others. Queen Eliz. dies, King James grants to F. S. and W. reversionem praed. ac premissa sic ut prefertur except. to them and their Heirs, the Lessees Attorn; afterwards F. and W. by Deed release to S. and his Heirs. And at a Court held by the Lessees their Steward grants by Copy to W. B. Def. certain of these Copyhold Lands, on which Oaks and Ashes grew, for term of Life, secundum consuetudinem Manerij; and that there is such a Custom, That every Copyholder Tenant for Life, used to take all Trees growing upon his Copyhold, to be employed for Fuel, Bounds, Fences. 
Grantee by voluntary Grant shall have Trees (though they are severed by an Exception.)  The doubt was, in as much as the said Lessees hold the Court by virtue of the said Lease of the Manor (out of which Lease the said Trees were excepted) if the Tenant may shroud them, etc. Per Cur. 1. Notwithstanding the Severance by the Exception, and notwithstanding the Tenant comes in by Voluntary Grant for Life; yet such Grantee shall have the Estovers: for the Estate of the Copyhold is not derived out of the Lord, 
And so though the Waste be aliened in Fee by the Lord, and so severed.  (who is but an Instrument) and though the Grant be new, yet the Title to the Copyhold is ancient. 2. When the Copy-holders' for Life have used to have Common, or Waste, or Estovers, or any other Profit apprender; and afterwards the Lord alien, the Waste, Woods, etc. in Fee, and after grant certain Copyhold Houses and Lands, for Lives, such Grantees shall have Estovers, etc. notwithstanding the Severance, for the Title of Copyhold is paramount the Severance. 8 Rep. Swain's Case. 63, 64. 2 Brownl. 231. mesme Case. Vide infra.  

What's included by Timber Trees.  If a Copyholder by the Custom cut down Timber-Trees for reparations, he shall have the Trees, Lop, Top and Bark; and though he cannot repair with the Tops and Bark, yet he may sell them towards defraying the charge in repairing, 3 Bulstr. 281. Sandford and Stephens.  
Where Copyholder by Custom may not Fell and Sell Trees, but take the Shrouds of the Trees for Fuel; if the Copyholder by force of the Custom shrouds the Trees, and the Lord takes the Body of the Trees, Copyholder may bring Action of the Case against him, Goswell's Case, cited in Ford and Hoskins Case. Rolls Rep. 196.  

To cut Timber for repairs to what that extends.  The Custom is, for Copy-holders' of Inheritance to cut Timber for Repairs; he nor his Lessee cannot employ Trees felled with the Wind to any such use, in regard that hereby his special property ceaseth; much less can Lessee or Copyholder for Life, by any such Custom take Trees, 1 Keb. 690.  

Custom for the Copyholder to cut down all the Trees.  Copyholder for Life, by the Custom hath power to name a Successor; such Copyholder may cut and sell all the Trees growing upon the Copyhold. A bare Tenant for Life cannot be warranted by Custom to do such an act, Powel and Peacock's Case; yet here he had a greater Estate than for Life, for he hath power to make another Estate for Life. 2 Brownl. p. 192. Rolls and Mason. In this Case which was well argued by the Judges in 2 Brownl. 195. There were two Customs. 1. That a Copyholder for Life may name his Successor. 2. That such Copyholder may cut down all the Trees growing upon the Copyhold Lands. The first Custom was adjudged good and reasonable, and the second was adjudged void.  
Copyholder may justify cutting Boughs for House-bote, Hedge-bote, Cart-bote, etc. 
To sell Trees.  2 Brownl. p. 329. Heydon and Smith.  
But Tenant by Copy of Court Roll cannot make Waste, nor cut Trees to sell, but for his benefit in repairing his House.  
If a Copyholder for Life cuts down Timber Trees, the Lord may take them. If under Lessee for years of a Copyholder cuts down Timber, it shall not be a forfeiture of the Copyhold Estate, Stiles p. 233.  
A Copyholder may prescribe to have the Toppings of Trees for Fire-bote and Hedge-bote, 
Uncertain Pleading.  but the Prescription was to cut ramos aliquarum arborum, which is uncertain; if omnium arborum, it had been well, Noy, p. 14. Cross and Abbot.  

Precedents of Customs as to cutting Wood and Trees.  
Quod tenentes custumarii mes. habuer. communiam estoveriorum in solo alterius, solvendum annuatim, 2d. Dyer 363.  
Quod tenentes custumar. in feodo succidant arbores ad libitum, Cok. Entr. 284. Ub. 130. Simile, 1. Br. 252.  
Quod tenentes custumarii amputent pollingers, 13 Rep. 67.  
Quod tenen. custumar. repararent sepes in't. terras custumar. & boscum per lignum capiend. in bosco, 1 Leon. 313.  
Quod tenentes custumarii usi fuer. amputare arbores pro sepiment. & focali, & succidere arbores pro reparatione domorum per assigna ', Hern 226.    

CAP. VIII.  
Customs as to Commons, and where Severance shall not prejudice. And Plead in such case.  
THE Custom is that Copy-holders' for Life have used to have Common in Waste, or Estovers in Wood, or any other profit appendent in parcel of the Manor; after the Lord aliens the Waste, Woods, etc. in Fee, and after grants certain Copyhold Lands, and Houses for Lives; such Grantees shall have Estovers, Common, etc. notwithstanding the Severance; 
Severance by the Lord shall not prejudice the Common of Estovers.  for the title of Copyhold is pararamount the Severance, 8 Rep. 63, 64. Swain's Case, 2 Brownl. 231. mesme: But after such Severance the Copyholder when he would entitle himself to Common or Estovers; he shall not plead generally, Quod infra manerium tali● habetur, 
Pleading.  etc. consuetudo; for after the Severance the Waste or the Woods are not within the Manor, but absolutely divided from it; but he shall plead, That until such a time (viz.) before the severance, talis habetur & a toto tempore, etc. consuetudo, etc. and then show the Severance, mesme Case.  

Where Copyhold is extinct the Common is lost, though the word cum pertin. be in the Grant.  Common which was first gained by Custom, and annexed to the customary Estate, is lost when the Copyhold is extinct and enfranchised; for Common is not in its own nature incident to a Copyhold Estate, but a collateral interest gained by usage; therefore, Copyholder of a Message and two Acres of Land for Life, had Common in the Lords Waste; the Lord grants and confirms the said Copyhold Message and Lands, cum pertinentiis, to him and his Heirs. The Question was, whether he should have Common still. Per tot. Cur. he should not. Custom hath annexed the Common to his customary Estate, which being determined and destroyed by his own act in making it a Freehold, the Common is also destroyed, and cannot continue without special words; and the general words, cum pertinentiis will not help, Yelv. p. 190. Cro. Jac. 253. Marsham and Hunter's Case. Noy 136. mesme Case. This is a local Prescription, not to the Land but to the Estate, and this proves well the words of the Prescription; for the Copyholder ought to Prescribe, That every customary Tenant within the Manor, etc. so he hath his Common in respect that he is a customary Tenant; and this is in respect of the Estate, which he hath by the Custom and not in respect of the Land. So was the Case of Forth and Ward, where a Copy holder had used to take Estovers, to repair his Hedges, and the Lord granted to him the Freehold of the Copyhold, by the words of Grant unto him all the Lands, Tenements and Hereditaments thereunto appertaining, and thereto used and occupied. It was resolved, he should not have Common in the Land of the Lord, 2 Brownl. 209. Marsham and Hunter, More, n. 866. Forth and Ward; the words come pertinent, do not create a Common.  
A Copyholder claims Common in another man's Land, and the Lord Enfeoffs the Copyholder of his Copyhold Land, he hath now lost his Common: But if a Copyholder hath Common in the Lords Wastes, and the Lord Enfeoffs him of the Copyhold, with all his Commons, the Common is not gone, 1 Brownl. 173. Lee and Edwards. And all Pastures and Common whatsoever, to the said Message or Tenement belonging, or used or demised with the same, and it his intent that a like Common shall be granted, 2 Anderson 168. Wolredg's Case.  
Abbot of F. was was seized of a Manor, and there was a Prescription for Common in the Waste of the Manor, as belonging to every Ancient Tenement. King H. 8. granted the Manor to Sir J. G. which came to Sir T. G. who was Plaintiff in Trespass: The Defendant justifies by an usitatum fuit, That it had been there used time out mind, that every Tenant for years of an Ancient Tenement and Close within the said Manor used to have Common of Turbary on the Waste of the said Manor, and that the Tenement and Close he now hath, is an Ancient Tenement, and was granted to him with all Common appurtenant to the said Message and Close, accepted or reputed as part, parcel or member of the same. And the Question upon a special Verdict was, when the Lord of a Manor is seized of a Waste, and a Tenant of an ancient Tenement prescribes to have Common in the Waste of the Lord; afterwards the Tenement is severed from the Manor, and granted for a Term to the Defendant, with all Common appurtenant to the said Message and Close, whether this Common that was before belonging to this Ancient Tenement shall pass to the Grantee? Per Cur. This Prescription as it is here laid with an usitatum fuit, 
Pleading by an usitatum fuit annexed to the Estate of a Termor is not good.  is not good. It was agreed, That if a Copyholder doth purchase the Inheritance of his Copyhold, and afterwards grants this with all Commons belonging to the same; The Common that was before used with the Copyhold, shall pass to the Grantee, but the Pleading here is not good. The beginning of this Common was by Grant, and by permission of the Lord, and this for the advancement of his Tenant, and not by Prescription, and no remedy he hath for this but only in Equity, Per Williams a Termor may prescribe, but not in his own name, but in the name of his Lord, That he hath had for himself and his Farmers, &c Had it been laid here, with all Commons, Profits, used, occupied and enjoyed with the Tenement, by the Farmers, this with an averment had been good, but not as it is here; the Grant is here with the usitatum fuit; now here the usitatum est is annexed to the Estate of the Termor, which is not good, 1 Bulstr. 17, 18. 7 Jac. Grimes and Peacock, 2 Brownl. 222. mesme Case. Lessee for years cannot allege an Usage; for every usitatum ought to go in one self same current, not interrupted, as in the Case of a Copyhold; but it might pass by apt words.  
It was pleaded, That all the Inhabitants in such an ancient Message ratione commorantiae, 
Pleading Common ratione commorantie.  have used to have Common of Pasture in loco in quo, etc. 'tis ill; for in this word (Inhabitants) is included he which hath no Interest but Habitation only, and he that hath no Interest cannot have Common, 6 Rep. Gateward's Case: My Lord Hobart's Reason is good. Common is an Interest which must inhere in somebody, and cannot be pleaded by way of Custom for the Inhabitants that are not permanent to prescribe.  
Tenants in Fee must prescribe for Common, etc. in their own name, and others that have Interest, as for Life, Years, by Elegit, at Will, etc. in the name of the Lord, Gateward's Case, 6 Rep.  
It was a Question in Roberts and Hoskin's Case, Modern Rep. 74. and 2 Keb. 757. Sanders p. 324. 
Sola & separalis pastura, excluding the Lord is a good Custom.  Vaughan 251. North and Coe. Whether a Custom for the customary Tenants to have solam & separalem pasturam, excluding the Lord, were a good Custom. Per Cur. it is, notwithstanding this Prescription for the sole Pasture, yet the Soil is the Lords, and he hath Mines, Trees, etc. And my Lord Coke is express in the point; a man cannot Prescribe for sole Common, but for sole Pasture he may. As for the manner of pleading it, Vide the Books cited.  
Customs as to devising by last Will and Testament, Vide infra Surrender to the use of 〈◊〉 man's last Will.   

CAP. IX.  
Of custumary Incidents, or collateral Qualities. Of Copyhold Estates, and how to 〈◊〉 governed. With the Illustration of seven particular Cases.  
YOU may observe what has been befor● treated, about the nature of Copyhold Estates, that (amongst the rest of the Considerations in that Chapter) where the Copyhold Estate is inheritable, and the Land discendible, That in such Case the Law shall direct the descent, according to the Rules and Maxims of the Common Law, as incidents to ever● Estate descendible, as it was in the Case of Uses When they had gained the reputation of Inheritances descendible, the Common Law directed the descent of them, and that there should be a possessio fratris of them, as well as of other Inheritances. So it is in Copyhold Inheritances, possessio fratris facit sororem esse haeredem, Vide prius, sub titulo Maxims.  
But now such customary Inheritances shall not have by the Law any other collateral Qualities, which do not concern descents of Inheritance, which other Inheritances at the Common Law have, unless it be by Custom; for though they are Estates of Inheritance according to the Custom, yet they are not Estates of Inheritance simpliciter, that is, to have all collateral Qualities, as Estates in Fee-simple have, but only such which Custom hath settled and allowed, 4 Rep. 22. Brown's Case. And accordingly my Lord Hobart in Cox and Darsen's Case, p. 215. etc. saith, The collateral Incidents of Estates, as Dower, Tenancy by the Courtesy, Wardship, etc. are not without special Custom.  
And therefore Copyhold Inheritance shall not be Assets to charge the Heir in an Action of Debt, upon Bond made by his Father, 
Copyhold Lands, not Assets in the Heir.  tho' he has therein bound his Heirs; neither shall the Wife of such customary Estate be endowed, nor the Husband be Tenant by the Courtesy, neither shall the descent of any such Estate toll the Entry of him that had customary Right, etc. But to explain this, in these beforementioned Qualities, and others, I shall Illustrate it by several Cases and Resolutions. 
Dower.   
The Wife shall have Dower of a Copyhold by special Custom, otherwise not; and when she is to be endowed of a Copyhold by the Custom, than she shall have all the incidents to Dower; as to recover Damages for the Profits from the death of her Husband, by the Statute of Merton, C. 1. De viduis, 4 Rep. 30. Shaw and Tompson.  

Tenant by the Courtesy, and that without admittance of the Wife.  The Custom of a Manor was, That if any man had a Wife, who was a Copyholder in Fee of the Manor, and had Issue by her, that he should be Tenant by the Courtesy of the Land. A. a Copyholder was seized, and had Issue a Daughter, who was married to J. S. who had Issue. A. died, his Wife entered; the Wife died before admittance. The Question was, if by the Entry of the Husband, without admittance of the Wife, he should be Tenant by the Courtesy. Per Cur. he shall; the delay of the admittance of the Wife, shall not prejudice the Husband being a third person, More, n. 425. Ever and Aston; but if a Woman Copyholder in Fee takes Husband, who had Issue, and the Wife dies, there the Husband shall not be Tenant by the Courtesy without special Custom, 4 Rep. 22. Ryers' Case.  

Descent tolls not an Entry. Discontinuance.  The Descent of a Copyhold doth not toll an Entry, 4 Rep. 22, 23. Bullock and Dibly, and 3 Rep. 9 You may see there where the Entry shall be congeable by the Issue, after a Surrender or Lease by Licence of the Lord, made by the Ancestor, and shall not be a Discontinuance.  
The Lord seized a Copyhold without cause, and grants it to another, in Fee, Grantee dies seized, and his Heir is admitted. The first Copyholder dies, his Heir enters, and Surrenders to the use of a Stranger. Per Cur. 1. Descent of a Copyhold shall not take away the Entry of another Copyholder who hath right. 2. The Entry of the Heir without admission is lawful, and being in, his Surrender is good, Cro. Jac. 36. joiner and Lambert.  
If one seized of Copyhold Land in the Right of his Wife, Surrender this to the use of another in Fee, who is admitted accordingly; the Husband dies, this is no discontinuance to the Wife, nor her Heirs, but the Wife may enter, and not be put to her cui in vita, nor her Heir to her sur cui in vita.  
If Copyholder for Life Surrender to the use of another in Fee, this is no Forfeiture, 
Surrender by Copyholder for Life to one in Fee, is no forfeiture.  for this passeth by Surrender to the Lord, and not by Livery. And Copyhold Estates shall not have such qualities as Estates at Common Law have, without special Custom, 4 Rep. 4. Clun and Pearse; and therefore where by Custom of the Manor, 
But recovery by Pleint in a real Action shall be a discontinuance.  Pleints have been made in the Court of the Manor, in the nature of real Actions, That if a Recovery be in a Pleint in the nature of a real Action, against a Tenant Copyholder in tail, it's adjudged that this shall be a discontinuance, and shall take away the Entry of the Heir in tail; for these Pleints, in the nature of real Actions, are warranted by the Custom; this is an incident which the Law annexeth to the said Custom, and such recovery shall be a discontinuance, 4 Rep. 23. Deal and Rigden.  
Having finished the Learning of Customs, in order to the understanding of Copyhold Estates; it will be convenient to say something of the customary Tenant, and of the Court, and the Steward, which shall be attempted briefly in the next Chapter.   

CAP. X.  
The several sorts of Coph-holders', and who shall be said to be customary Tenants. Of Copyhold, Burrough-English. Of the Court. Two sorts of Courts Baron. Of the Copy-holders' Court. Who may keep Courts, and to what purposes, and where▪ Of the Steward, his Office and power of Deputation; what he may do ex officio, or not.  
WE read of three kinds of Copy-holders' in our Book.  
I. Terra Nativa: These were called Bond-Lands also, because they held in Villeinage.  
II. Custumary. And this was held by Free-Tenants.  
III. Mensales. As also Dominica, because by this the Table of the Lord is maintained.  
Some Copyhold Land is called Poadland, and some Molland, a molli redditu, where some small Rent was reserved.  
There were two other manner of Copy-holds.  
Old Aster and new Aster.  
Aster signifies a Chimney; those Copyhold Lands which had had usually for a long time an House on them, they called Old Aster Lands, but those which of late had an House built on them, they called New Asters. And in old Records, the Bastard Eigne did plead, That he was Filius Askarius, as much as to say, Born in the House. 2 Rolls Rep. 235. M. 20 Jac. B. R. Smith and Reynard.  
Some Copyhold Land is in the nature of Burrough-English, Cro. Jac. 56. Curtis' Case. 
Copyhold Burrough-English.  And so shall descend to the youngest Son. Some Copyhold is of the nature of Burrough-English, as well for the Brother as the Son. Cro. Jac. 101. Whitton and Williams. Between a Copyhold in Burrough-English, and a Freehold in Burrough-English, there is not any difference as to descents, Cro. Car. 411.  
Baron and Feme, Copy holder's for Life of Copyhold, of the nature of Burrough-English, Reversion to the Husband in Fee; he had Issue three Sons William, George and Charles. The Father died seized of this Reversion, which descended to Charles. Charles dies without Issue, the Wife dies: Question was, whether William, Brother and Heir of Charles, or George should have it? Berkly and Bramston were for George, because there being a Reversion expectant upon Estate for Life, George shall take his Title from his Father, and take by descent from him who had seisin of the freehold, and not make mention of him who had the Reversion expectant upon an Estate for Life. 
In all Writs where a man conveys by descent, there shall not be mention of any but those who had seisin.  And in all Actions and Writs where a man conveys by descent, there shall not be mention of any, but of those who took the Estate and had seisin, and not from others who never had seisin, the Law esteeming them as if there had been never any such persons; and by consequence he may claim here as youngest Son, by the custom as Heir in Burrough-English, as if Charles had never been, because he hath it in course of descent; and this is true at Common Law; but Jones and Croke held, that William had the better Title, for Charles being youngest Son at the time of the death of his Father, that makes him Heir in Burrough-English, by the Custom; and when it rests in the youngest Son, as Heir by the Custom, the Inheritance is fixed in him, and he only who is in esse at the time of his Father's death, shall have as by Custom; this seems to be the better Opinion, Crok. Car. 410. Reeve and Malster.  

Who may be said to be customary Tenants.  A Wife that hath her Widow's Estate, according to the Custom of the Manor, is a good customary Tenant.  
So Tenant per the Courtesy, per the Custom.  
In Gloucestershire there is in a Manor a Custom, That Executors shall have the Profits for a year: In some sense they are good customary Tenants.  

Under-Tenant in what respect.  Custom was, That for Waste to be amerced, and to distrain for such amerciament, the Beast of the under-Tenant as well as the Tenant is liable. The under-Tenant is a customary Tenant to this purpose, and no Stranger: Transit terra cum onere, he enjoys the Privilege of a customary Tenant, and he shall undergo the Charges, March Rep. 161. Thorn and Tyler.  

Note.  There is difference between customary Lands, and Copyhold Lands; Freehold as well as Copy may be customary Lands; as ancient Demesn may pass by Surrender in some Manors, and by Copy: and ancient Demesn may pass by Feoffment, as Surrender, Vide Peryman's Case. Rep.  

Court. The Nature of a Court Baron, and who may keep Courts or not.  
A Manor cannot be without a Court Baron, Vide supra, it is inseparably incident to a Manor, without any Grant from the King to keep the same, and this is not drawn from the Crown, but is to be held the necessitate, 1 Bulstr. 6. The King and Stafferton.  
The Court Baron must be holden within the Manor, 
Where to be held.  for if it be holden without the Manor, it is void; unless a Lord being seized of two or three Manors, hath usually, time out of mind, kept at one of his Manors Courts for for all the said Manors; then by Custom such Courts are sufficient in Law, albeit they are not holden within the several Manors, Co. Lit. 58. a.  
There may be a customary Manor held by Copy, and such a customary Lord may keep Courts and grant Copies, 11 Rep. Nevil's Case, Cro. Jac. 260. contra.  
Now there are two sorts of Court Baron, 
Two sorts of Court Baron.  one at Common Law, incident to every Manor, and is of Freeholders, and the Freeholders are Judges. There is also a customary Court, consisting of customary Tenants, for without them it cannot be, and this Court may be holden without any Free Tenants, or other Suitors, except Copy-holders', and of this Court the Lord or his Steward is Judge, Co. Lit. 58. And when the Court Baron is of this double nature, the Court Rolls contain matters appertaining to both.  

Honour, what?  An Honour consists of many Manors, yet all the Courts for the Manors are distinguished, and have several Copy-holders', and though there is for all the Manors but one Court, yet are they quasi several and distinct Courts; 
One Court kept for many Manors.  and so it was usually in the time of the Abbots, they kept but one Court for many Manors, Cro. Car. 361. Seagood and Hone.  
When the Lord of a Manor having many ancient Copy-holds in a Vill, grants the Inheritance of all his Copy-holds to another, 
Customary Court, how made and may be held.  the Grantee may hold Court for the customary Tenants, and accept of Surrenders, and make Admittances and Grants; for although this is not a Manor in Law, because there want Freeholders, yet there may be holden a Court for Copy-holders', and the Lord or Steward is Judge. And as the other being a Court Baron may be called the Freeholders' Court; this may be called the Copy-holders' Court, so if all the Freehold do Escheat, or if the Lord release the Tenure and Services of all his Free Tenants, yet the Lord may hold a customary Court for his Copyhold Tenants So if the Lord demise all his Lands granted by Copy to another, for a thousand years, such Lessee may hold Court for the Copy-holders', 4 Rep. 26 Melwich's Case, and Sir Christopher Hatton's Case, cited in Neal and Jackson's Case. 27. These number of Copy-holds may support a Custom, but a single Copyhold cannot hold a Court.  
Tenant at Will of a Copyhold Manor, may grant Copyhold Estates, but cannot keep Courts.  
Guardian in Socage keeps Courts in his own name, and grants Copies, its good, and shall bind the Heir. Vide Tit. Grants, Cro. Jac. 55, 98. Shopland and Rider.  
The Lord himself may Grant or make Admittance out of the Manor, at what place he pleaseth, but so cannot the Steward, 4 Rep. 26. Melwich's Case. 27 Clifton and Mollineux; 
Court may be held out of the Manor by Custom.  but by Custom the Court may be held out of the Manor, and Grants and Admittances there made, be good; as divers Abbots, Priors, etc. have kept one Court for many Manors.   

Steward.  
Every Steward of Courts, is either by Deed or without Deed; for a man may be retained a Steward to keep his Court Baron and Leet, without Deed, and that retainer shall continue till he be discharged, Co. Lit. 61. b. 4 Rep. 30. And such Steward may take Surrender of customary Tenants out of the Court, 4 Rep. 30. Holcroft's Case.  
In all real Actions which concern Lands, the Suitors are the Judges; but in personal Actions under the Sum of forty shillings, the Steward is the Judge. Steward without Deed may take Surrenders out of Court, but the Custom must warrant it.  
Note, 
Difference between a Steward of a Manor, and the Steward of a Court.  A difference between Steward of a Manor and the Steward of Courts; Steward of a Manor may take Surrenders in any place, 1 Leon. p. 227. Case 307. Blagrave and Wood  
Steward appoints his Deputy to keep a Court ad tradendum Copyhold Land to W. for Life, 
Deputy.  the Deputy commands H. his Servant to keep Court and grant the said Land (and the Custom found did not extend farther than the Deputy.) though a Deputy cannot transfer his Authority over, being an office of Trust; yet Per Cur. to take a Surrender and grant Land by Copy, 
Act done by the Servant of a Deputy.  is not any judicial Act, and the admitting of a Copyholder is not any judicial Act, for there need not be any Suitors there who are Judges, and such a Court may be holden out of the Precincts of the Manor: Per Cur. the Grant is good, 
What Court may be held out of the Manor.  especially if the Lord of the Manor agree to it afterwards, 1 Leon. 288. Lord Dacres' Case.  
One is made Steward ad exequendum per se vel sufficien' deputatum suum. J. S. makes A. his Deputy, hac vice to take a Surrender, & ad ulterius faciend, etc. it's a good deputation, and though the authority was to take the Surrender absolute, and he takes a Surrender upon a Condition, yet its good, by reason of these words, Et ad ulterius faciend. Cro. Eliz. p. 48. Burdets' Case.  
The King's Copyholder is attainted of Felony, whereby his Copyhold Escheats; the Steward may grant this over ex officio, without any especial Grant, yet it's his duty before he does it, to inform the Lord Chancellor, Treasurer and Barons, 4 Rep. 30. Harris and Jay.  

Surrender by a Deputy Steward, not according to his Warrant.  Stewardship was granted to A. to execute the Office per se vel sufficien' Deputat. suum. A. made a Deputation to M. ad capiend. unam sursum redditionem of one J. W. and J. his Wife, and to examine J. ea intention, that the said J. W. and J. might take back an Estate for their Lives, the remainder over to J. B. in Fee. M. took two several Surrenders from the Husband and Wife, the remainder to J. B. in Fee, upon condition to pay a certain Sum of money, etc. Per Cur. The proceed are well warranted by the Deputation aforesaid, 1 Leon. p. 289. Burgess and Foster. I can conceive this to be the same Case as the former, and one will well help to explain the other.  
If the Surrender and Re-grant is entered in the Roll of the Court, dated to be hold●● the second day of May, and the Deputation bears date the third day of June after. Per. Cur. This misentry of the date of the Court shall not prejudice the Party, for this Entry is not matter of Record, Vide ibid.  
The King's Auditor and Surveyor for the County of N. appointed a Steward for one of the Manors, illa vice; 
The King's Auditor and Surveyor cannot appoint a Steward, hac vice.  He kept Court and granted Copyhold, etc. their appointment is not good; they have no authority to appoint Stewards, the one being to take Accounts, the other to survey Land, and the Grant is void. Things of necessity done by one who is but in a reputed Authority is good, if they come in by presentment from the Jury, or of necessity are good; as the admittance of an Heir upon a presentment, or admittance by a Surrender to an Use. But acts voluntary, 
Things of necessity by a reputed Steward, good, not acts voluntary.  as Grant of a Copyhold, is not good. If the Steward diminish the ancient Rents and Services, it's a void Copy. If a Lord command a Steward that he shall not grant such Land by Copy, 
Lord countermands a Steward.  if he grant it, it is void, Cro. El. 699. Harris and Jay. 4 Rep. 38. mesme Case. They ought to have Letters Patents of the Office of Steward. 
Infant not to be Steward.   
Infant is not capable of the Stewardship of a Manor, March p. 41.  
Copyholder moved the Court, That the Steward might be ordered to bring in the Court Rolls to enable him to defend his Title, but the Court denied it, Styles 128.  
Baron and Feme Copyholder in right of his Wife, surrender out of Court into the Hands of the Steward, and she was examined by him, and it was not proved that he was Steward by Patent, 
Though it is not proved he is Steward by Patent, etc. yet Surrender out of Court into his Hands is good.  nor any special Custom to warrant it; yet Per Cur. it was good, Cro. Jac. p. 526. Smithson and Cage.   

Declaration.  
Pro Senescallo Cur. Maner' impedit de Officio unde ei conces. pro vita, Rast. Ent. 5.9 Co. 42. 1 Br. 192. Hern 232.    

CAP. XI.  
What things way be granted by Copy. Of Grants by the Lord, legitimus Dominus pro tempore. Disseisor. Infant. And in respect of the Lords person or Estate, what shall be good or not. Of Grants by the King, Lord. Who shall be said a Lord sufficient to grant Copies. What amounts to a Grant, at what place to be granted. Of Grants by the Copyholder to the Lord.  
A Manor may be granted by Copy, C●. Lit. 58. b. i e. a customary Manor; and so a Manor may be parcel of another Manor.  
Generally all Lands and Tenements with in the Manor, and whatsoever concerneth Lands and Tenements may be granted by Copy; as a Fair appendent to a Manor may be granted by Copy, Co. Lit. 58 b.  
Underwoods' without the Soil may be granted by Copy to one and his Heirs, and so may the Herbage or Vesture of Land.  
The Lord granted to one and his Heirs, subboscum in M. Wood, annuatim succidend. by four or five Acres at the least, and then made a Lease of the Manor: The Lessee cut Trees. Copyholder brought Trespass. Lessee justifies with averment, That he had left sufficient for the Copyholder to cut down by four or five Acres yearly. 1. Per Cur. 
Order of direction, not of instruction.  Underwood may be granted by Copy, if the Custom permit it. 2. That the whole Wood passed, and the words annuatm succidend. is an Order only appointed for the cutting it, and not to restrain the Grant, More n. 480. Taylor and Hoe, and Cro. El. 413.  
The Market of Crokeham in Sommersetshire is always demised by Copy, 4 H. 6.21. cited in Hoe and Taylor's Case, More, n. 480. and Cro. Eliz. 413. Ho and Taylor.  
The grant of Waste by Copy is void, unless so granted time out of mind; also were it good, it would not bind the Successor, in the Case of a Bishop, 3 Keb. p. 124. Bishop of London and Rowe.  
Tonsura Prati, is grantable by Copy. So Herbagia, 1 Rolls Abr. 498.  
Of Grants by the 

Lord, or voluntary Grants.  
Copyholder.    
Copy-holds come to the Lord by Escheats, 
Note.  or Forfeiture, or Purchase: What comes by Escheat or Forfeiture, he may grant again.  
H. 8. seized of a Manor in which are Copyholds, Grants Copyhold for Life generally: It was a Quaere, in March Rep. 206. Fulham's Case, and not resolved whether this be a good Grant or not; and Per Cur. The Grant is not void; it never recites in any Grant of the King what is Copyhold. But the great Question was, whether the Copyhold was destroyed or not? It was not there resolved, but seems so. But Downcliff and Minor's Case is more full to the purpose, 1 Rolls Abr. 498. If the King be seized of a Manor, whereof Blackacre is parcel and demisable by Copy in Fee, 
Grant by the King good, though not recited to be Copyhold.  and this comes to the King by Escheat or Surrender; and after the King lets Blackacre to J. S. for Life, not taking conusance, that this was demisable by Copy; this is a good Grant, though the King recites not, that this was demisable by Copy; and by consequence this will destroy the power to grant this by Copy at any time after, M. 15 Car. 2.  
Voluntary Grants by the Lord may be considered in respect of his 

Person.  
Estate.    

Disability o● person no hindrance to the Lord to grant.  As for his Person, notwithstanding his disability, yet his Grants of Copyhold shall be good and valid in the Law; as suppose he be an Infant, Non compos mentis, Lunatic, Outlawed, Excommunicate, yet he is capable to make a voluntary Grant by Copy. So a Feme Lady of a Manor takes Husband, and they two join in a voluntary Grant by Copy, this shall for ever bind the Wife and her Heirs, and the reason is, the Custom of the Manor being the main Foundation on which is built the whole Fabric of the Copyhold Estate, what the Custom doth confirm to the Copyholder, the Law will ever allow and support it, notwithstanding any such Imperfections in the Grantors' person, Co. Lit. f. 58. b. 8 Rep. 63. a. b. Swain's Case. Noy, p. 21. Grant by an Infant is good, as well as presentation to a Benefice.  
If the Lord release to a Copyholder in Fee, Habendum to him in Fee to the use of another, this is a good use, for upon such Release a Rent may be reserved, 2 Rolls. Abr. 788. Sams' Case.  

What voluntary Grants by the Lord shall be good or not, in respect of the Estate or Interest which he hath in the Manor, and what not.  
Voluntary Grants of Copyhold Estates, are of such as come to the Lords hands by Escheat or Forfeiture, and the Lord may grant them by Copy again. It was adjudged in Harris and Jay's Case, Cro. El. 699. M. 41 El. B. R. That a Copyhold Escheated, and which hath been kept in the Lords hands divers years, may be granted over by the Lord himself, or by his Steward.  
This may be considered in respect of the 

Quantity and  
Quality   of his Estate.  
He must be Legitimus Dominus, a lawful Lord at the time of his voluntary Grant; and then as to the quantity of his Estate in the Manor, be it great or little, is not material, whether he be seized of, or interested in the Manor, in Fee or tail, Dower or Courtesy, for Life or Years, Tenant per Statute, Elegit or at Will, or on Condition, he may grant any Copyhold Escheated to him, for as long time as the Custom doth allow, the Rents and Services being truly reserved, and these Grants shall bind them that have the Inheritance or Freehold of the Manor; the Reason is well delivered in Coke For a Copyholder upon voluntary Grants made by Copy, doth not derive his Estate out of the Lords Estate only; for then the Copy-holders' Estate should cease when the Lords Interest determineth, but the Life of the Copyholders Estate is the Custom of the Manor; and therefore whatsoever befalleth the Lord's Interest in his Manor, be it determined by course of time, death, forfeiture, or other means, yet if the Lord were Legitimus Dominus pro Tempore, though his Estate in it be very small, yet that is enough; for the same Custom that fixeth a Copyholder instantly in his Land upon his Admittance, will likewise protect and support his Interest to the end in such manner, that though the Lords Interest faileth, yet the Copy-holders' Interest shall not fall, being upheld by such a Pillar, unless he forfeit it by his own act.  

Where Lord may augment the Rent, and where not.  Where Copyhold Land comes into the Hands of the Lord, by Escheat or Forfeiture; the Lord may grant this Land by Copy, rendering greater Rent, but not when he admits a Tenant  
Blewet Lord of a Manor, wherein are many Copy-holders', grants the Stewardship to S. for Life, and after becomes a Lunatic, and found upon Inquisition, and thereupon committed W. to E. C. and others, under the Seal of the Court of Wards, 
The Lord Lunatic by his Steward may grant Copy-holds, but the Committees by their Steward cannot.  etc. The Question was, whether the Committees by their Steward may grant Estates by Copy, according to the Custom? Per Cur. they cannot, for by the Law they have no Estate in the Manor, nor are Lords thereof for the time being; but the Lunatic by his Steward may grant Copy holds and so it was decreed. But it was ordered that the Steward should grant none without the privity of the Committees, and warrant from the Court, but this was only for caution, Sir James Ley's Rep. f. 47. Blewit's Case.  
Therefore if the Lord sever a Copyhold from the Manor, 
Severance from the Manor, what it operates.  by granting the Inheritance to a Stranger; now though one of the chief Pillars of a Copyhold Estate is wanting, viz. to be parcel of the Manor, yet because the Land at the time of the Copy-holders' admittance was customary, and had this necessary incident, this severance being a matter ex post facto, and being the Lords own act, shall not amount to the destruction of the Copyhold.  
There is this Custom in a Manor, That every Copyholder Tenant for Life, had used to take all Trees growing upon his Land to be employed for Fuel, and Repairs, and Estovers. Queen Eliz. being Seized of this Manor, demiseth it to J. W. except Omnibus boscis subboscis arboribus & maremiis, Habend. (except pre-except) for twenty one years; who assigns all his Interest to J. P. and others. Queen Eliz. dies, King James grants reversionem praed. ac premissa sic ut prefertur except. to A. F. R. S. and P. W. and their Heirs, the Lessees Attorn; A. F. and P. W. release to R. S. and his Heirs. Lessees and their Steward, etc. grant to W. B. Def. a Message and a Verge of Land whereon the Trees grew, for term of Life, secundum consuetudinem Manerij; The Question was, inasmuch as the Lessees hold the Court by virtue of the said Lease of the Manor (out of which Lease the said Trees were excepted) if the Def. (the Grantee of the Lessees) may take the Trees. Per Cur. he may, notwithstanding the Severance by the Exception, and notwithstanding he comes in by Voluntary Grant and not by Surrender; for the Estate of the Copyholder which comes in by Voluntary Grant, is not derived out of the Estate or Interest of the Lord of the Manor, for he is but as an Instrument to make the Grant, 
The Estate of the Copyholder who comes in by voluntary Grant, is not derived out of the Lord.  but the Custom of the Manor (after the Grant made) hath established and fixed this firm to the Grantee. So if the Copy-holders' for Life used to have Common in the Lords Wastes or Woods, and the Lord aliens the Wastes or Woods to another in Fee, and after grants certain Copyhold Lands or Houses for Lives, such Grantees shall have Common of Pasture or Estovers, notwithstanding the Severance, for the Title of Copyholder is paramount the Severance, and the Custom unites the Common or Estovers, which are but accessories and incidents so long as the House and Land, being the principal, is maintained by the Custom; which customary Appurtenants are not pertaining to the Estate of the Lord, for he is Owner of the freehold and Inheritance of the whole Manor, but they are appertaining to the customary Estate of the Copyholder, after the Grant made. 8 Rep. 63. Swain's Case.  

Voluntary Grants made by Feoffee of Manor on Condition, good.  Feoffee of a Manor upon Condition grants Land by Copy, and afterwards the Manor becomes forfeited, and the Feoffor entereth, yet the Copyhold Estate remains untouched; so if Feoffee of a Manor on Condition to Enfeoff a Stranger, and the next day makes a voluntary Grant by Copy, this shall bind, Coke Cop.  

Voluntary Estates granted during the time of the Lords Interest shall be good, though the Lords Estate be avoided ab initio.  Nay, though the Estate of the Lord in the Manor, by Relation happen to be void, ab initio, yet if he grant by Copy during the continuance of his Interest it is good. So Copy-holders' Estates granted before a Divorce causa praecontractus, shall be good. So if a man espouseth the Lady of a Manor, under the Age of consent, and after she disagreeeth, though the Marriage by relation was void ab initio; yet Copy-holds granted before disagreement shall never be avoided. So by Popham in Rowse's Case, Owen 28. If a Manor be devised to one, and the Devisee enters and makes Copies, and then the Devise is found to be void, yet such Copies of Surrenders are good. Aliter where such Devisee makes new or voluntary Copies.  
If the Lord of a Manor commits Felony or Murder, and Process of Outlawry is awarded against him; after the Exigent he granteth Copyhold Estates according to the Custom and then is Attainted; these Grants are good though by relation the Manor was forfeited from the time of the Exigent awarded. So if the Lord had been Attainted by Verdict or Confession.  
If the Lord of a Manor acknowledgeth a Statute, and then granteth Lands by Copy, 
Grant after Stat. acknowledged, and the Manor extended, yet shall be good.  and after the Manor is delivered to the Conusee in Extent, the Grant cannot by this be impeached.  
Lease for years is made of a Manor, and to be void upon breach of a Condition; Condition is broken, and Lessee before entry of the Lessor, grants Estates by Copy; these Grants shall never exclude the Lessor, for upon breach of the Condition the Lease is void. But in case of a Lease for Life, or Grant in tail, or Fee of the Manor on such Condition, the granting Estates by Copy, before Entry of the Lessor, etc. may be good; for before his Title be executed by Entry, the Tenant, etc. hath a lawful Interest to grant by Copy, Coke Cop. p. 100, 101. Sect. 34. But if a Parson before Induction grant Lands by Copy, being parcel of a Manor which is Glebe Land, this admitting binds not, though he be afterwards Inducted, Ibid.  

Tenant in Dower shall not avoid such Grant.  If the Lord of a Manor taketh a Wife, and after that granteth Copyhold Estates, according to the Custom, and dyeth, and the Feme hath this Manor assigned to her in Dower, yet she cannot avoid these Copyhold Estates, because the Copy-holders' are in by a Title paramount to the Feme, viz. by Custom, Coke 8 Rep. 63. b. Swain's Case. But if the Lords Heir make such assignment of Dower, she may avoid them.  
But in all these Cases before put, observe these three Rules.  
1. These Grants must be according to the Custom of the Manor, and Rents and Services customary must be reserved.  
2. Though it is not material what Estate or Interest the Lord hath, 
Tenant at sufferance Grants, etc. shall not bind.  yet it must be an Estate or Interest, and therefore Tenant Pur aver vie of a Manor is, Cesty que vie dies, the Tenant continued possession of the Manor, and held Courts, and made voluntary Grants by Copy. Per Cur. This shall not bind the Lord, for he was but Tenant at sufferance, who had not any Interest, and so he was a Disseisor of the Manor, More, n. 369. Rouse and Artois.  
3. As to the Lords Grant of the Copyhold Estate in respect of his Estate in the Copyhold, there the quantity of the Lords Estate is to be regarded; for if a Copyholder in Fee surrender to the use of the Lord for Life, the remainder over to a Stranger, or reserving the reversion to himself, if the Lord will grant this by Copy in Fee, whatsoever Estate the Lord hath in the Manor, yet having but an Estate for Life in the Copyhold, no larger Estate shall pass than he himself hath, Coke Cop. 96.  
What acts of the Lord in granting Copy-holds are not confirmed by Custom, but only strengthened by the Power, Interest and Authority of the Lord, have no longer continuance than the Lords Estate continueth. Therefore if a Tenant for Life of a Manor, granteth a Licence to a Copyholder to alien and dyeth, the Licence is destroyed and the power of Alienation ceaseth.  
Now as to the Quality of the Lords Estate, he must be Legitimus Dominus, he must have a lawful Estate in the Manor.  
The Rule in Coke 4 Rep. Clark and Pennyfeather's Case, is universally true. 
Grant by one that hath a tortuous Title, not Good.  If a Disseisor or Feoffee of a Disseisor or any other who had a tortuous or defeazable Estate or Interest, subject to the Action or Entry of another, hold Court, and make any voluntary Grant upon Escheat or Forfeiture of a Copyhold, such voluntary Grant shall not bind him that hath right, when he hath recontinued the Manor by Action or Entry, for to this intent the said Custom shall be understood of a Lord, who hath a lawful Estate or Interest. A Grant upon an usurped Title shall never bind the right Owner, but that by Action or Entry he may avoid them; for the Law will not support a Custom which shall work or tend to the disherison of the right owner. If the Heir of a Disseisor (who comes in by descent) Grants any Copyhold Estate, it may be avoided by the Disseisee. So of a Feoffee of a Disseisor who comes in by Title.  
If Tenant in tail of a Manor, discontinueth the Tail, and after the discontinuance granteth Copyhold Estates, and dyeth; now the Discontinuee comes in under a just Title, and shall enjoy against all the World, during the Life of Tenant in tail, yet his Interest being determined by the death of Tenant in tail, 
Grants made, by whom shall be avoided.  the continuance of the Possession is a Tort to the Heir, and upon his rcovery in a Formedon in the Descender, he shall avoid these Grants. So in cases of alienee of a Manor, whereof a man was seized in jure Uxoris, making Grants, may be avoided after his death by the Feme. So Lessee for years of Tenant for Life, of a Manor: So by a Tenant at sufferance, as Tenant pur altar vie, who continues in after the death of Cesty que vie. Vide supra. Rous and Artois Case, 4 Rep. 24. mesme Case.  

By Lessee of a Manor.  Lessee for years of a Manor grants a Copyhold in Reversion, and before the Reversion happen, the Term is expired, the Grant is void. So if such Lessee surrenders his Term, and then before his Lease should have ended in point of Limitation, the Reversion falleth, yet the Grantee shall not have it.  

Infant.  One that hath in present a Lawful Estate or Interest in a Manor, defeasable upon breach of Condition, Enters, he may make Grant by Copy before such Entry, and it shall be good: If Infant infeoff me of a Manor, though he may enter upon me at his pleasure, yet Grants made before his Entry, shall not be avoided by any subsequent Entry; vide supra.  

Guardian in Socage may hold Courts and grant Copies, not the Bailiff of a Manor.  A Guardian in Socage may hold Courts in his own name, and may grant Copies, for he is Dominus pro tempore, and hath interest in the Land; but a Bailiff of a Manor hath no interest, therefore he cannot make Grants and Copies, but the Guardian hath interest Provisione Legis, but so as to be accountable for Fines, Owen, p. 115. Shopland and Radlen.  

Grants of Copies in Reversion.  The Lord of a Manor for Life, or a particular Tenant having interest in the Manor might grant Copies in Reversion, although they were not executed in the Life of the Grantor, More, n. 292. Sir Peter Carew's Case 236. contra. So a Tenant in Dower of a Manor may grant Copyhold, parcel of that which she hath assigned in Dower in Reversion (Habend, post mortem A. P.) though it was doubted in the Earl of Arundel's Case; and the reason is the Custom. For it is said in Gay's Case, Cro. El. p. 661. There is a Custom alleged, That Dominus pro tempore, may demise for one, two or three Lives, 
Copyhold not to be granted by parcels.  in Possession or Reversion: But one who hath a particular Estate in a Manor, cannot grant a Copyhold by parcel, or demise part, and retain the residue himself. If a Feme be endowed of several Copyhold Tenements, she cannot grant part of them by Copy in possession, or Reversion, per Popham, ibid. Vide mesme Case 1 Rolls Abr. 499.  
In some special Case, an Estate may be granted by Copy, 
Where a Grant may be good by one who is not Dominus pro tempore.  by one that is not Dominus pro tempore, nor that hath any thing in the Manor; as if the Lord of a Manor by his Will in writing deviseth, That his Executors shall grant the customary Tenements of the Manor, according to the Custom of the Manor, for the payment of his Debts, and dyeth; (the Executor, though he hath nothing in the Manor) may make Grants according to the Custom of the Manor, Co. Lit. 58. b.   

At what place the Lord may Grant.  
The Lord of a Copyhold Manor may himself grant a Copyhold at any place out of the Manor, 4 Rep. 26. b. Melwich's Case.   

What amounts to a Grant.  
The admittance of the Lord amounts to a Grant to him who had a Title; Aliter, if it is to him who was in by wrong, as by disseisin, 4 Rep. 22. Winch Rep. 67. Hasset and Hanson.   

Grant by the Copyholder to the Lord.  
Though a Copyholder may not convey his Copyhold to a Stranger, without Surrender and Admittance; yet he may grant his Estate out of Court to the Lord of the Manor, by Bargain and Sale; for the Custom is not between the Lord and his Tenant, but between themselves only, Winch Rep. p. 57 Hasset and Hanson.  
A Copy-holders' Release to the Lord is a good Release, 1 Keb. 808.    

CAP. XII.  
Exposition of Grants. By what words in Grants, Copyhold shall pass or not. What things shall pass by Grant of another thing as Appurtenant or Incident.  
A Copyholder of a Manor which had Common by Prescription, in sixty Acres, parcel of the Demesns of the Manor Escheated, and the Lord by Deed granted it to another in tail, Per nomina, etc. communiarum quarumcunque dicto Messuagio sive tenemento spectan sive in aliquo modo pertinen. vel cum eodem Messuagio dimisso usitat. 
Though the ancient Common is determined by unity of possession in the Lord upon Escheat, yet revived by a new Grant, and by what words.  The Question was, whether by these words the Grantee shall have Common in those sixty Acres? Per Cur. The Donee in tail shall have such Common as the Copyholder had. But the ancient Common which was by Prescription, is determined by unity of possession in the Lord, but the Grant enures as a new Grant of the same Common: As, a Grant to Islington of the like Liberties which London hath, is a new Grant of the like Liberties, Cro. Eliz. p. 794. M. 42 Eliz. B. R. Worledge and Kingswel.  
If the Lord of a Manor be seized of a Copyhold Estate, and grants this to another, 
Nothing passeth to one named in the Hab. that is not named in the Premises.  Hab. to him and his Wife, and to the Heirs of their Bodies; the Wife shall take nothing by this Grant, because she was not mentioned in the Premises, and here is not any Surrender precedent to direct the Grant; 
Where a Grant shall be expounded as a Grant at Common Law.  but it passeth only by the Grant, and so it ought to be expounded as a Conveyance at Common Law. So if a Copyhold Tenant Surrender to the Use of himself Habend. to him and his Wife and to the Heirs of their Bodies; it seems that this is void, for it is in nature of a Grant at Common Law, 2 Rolls Abr. 67. Brooks and Brooks: But in Surrender aliter. Vide infra Tit. Surrender.  
Copyholder in Fee Surrenders to the Lord ad intentionem, That the Lord shall grant this again to him for Life, the remainder to his Wife until his Son shall come at full Age, and after to his Son; the Copyholder dies, and after the Lord executes it to the Woman. Per Cur. This Interest to the Wife is a Term, Dyer 251, 259.  

By (cum pertin.) what passeth.  Copyholder had Common of Estovers in the Lords Woods, appurtenant to his Copyhold, and he purchased the freehold of Inheritance in the Copyhold, and had words in his Deed of Purchase, of all Commons appertaining to his said Message. Per Cur. The Common which he had in the Copy-Estate was extinct because the Common appertained to the customary Estate, which is determined, and because now he claims from the Lord, in whom the Common may not stand divided from the Land and Soil of the Wood; but had there been special words in the Grant of the like Common as he had in the Common. Before the Surrender it had been good, as a new Grant of the Common, More, n. 915.866. Fort and Ward.  

By what words in Grants Copy-holds shall pass or not.  

What shall pass by the words (All the Demesn Lands.)  King Ed. 6. by Patent granted omnes terras Dominicales Manerij de W. It was adjudged, That customary Lands held by Copy, parcel of the same Manor shall not pass, and yet they are in the Law parcel of the Demesns of the Manor; but in the Case of a common Person they shall pass by those words, 1 Rep. 46. in Alton Wood's Case.  
But if a man grant all his Demesn Lands, his Copyhold Lands will not pass, if he had other Demesns to satisfy the words of the Grant, 2 Rolls Rep. 236. And if I grant all my Lands and Tenements in D. my Copyhold Lands there pass not, because they cannot pass by any such assurance, Owen.  
Upon a special Verdict, King H. 8. seized in Fee of the Manor of D. granted by his Letters Patents to Richard Andrews and Peter Temple in Fee, (Inter alia) omnia Messuagia terras tenementa redditus reversiones servitia & hereditamenta sua in D. subscripta (viz.) totum illum annualem redditum quindecim solidorum & alia ser vitia ex●untia de terris W. K. ac totum illud Messuagium & 6 vergatas terrae in D. in tenura J. D. Habend. & tenend. omnia predicta Messuagia terras tenementa redditus reversione servitia & hereditamenta in D. pred. to the said Richard Andrews and Peter Temple, and their Heirs. The Question was, whether this was a good Patent to convey the said Lands of the said W. R. (being a Copyholder pur vie.) Per Cur. It was a void Patent to convey the Lands of the Copyholder to them; for there is not any Land granted but the Rents and Services of W. R. which is intended Freehold, and there being none such the Grant is merely void, Cro. Car. 21. Castle and Hobbs. By Hobart, if the King grant you his Demesns, you shall not have his Copy-holds, in Waste and Pretty's Case, Winch, p. 3.   

What things shall pass by Grant of another thing, as Appurtenant or Incident, or not.  
If there be a Common appendent to a Copyhold Tenement, 
Appurtenant.  and the Lord makes a Feoffment of the Tenement with all Profits, Commodities and Common to this Appurtenant; Yet the Feoffee shall not have any Common, for this was Appurtenant to the Copyhold, and not to the Freehold, 2 Rolls Abr. 61.  
So if he Lease the Copyhold Tenements for years, with such words as before, yet Lessee shall not have any Common for the reason aforesaid, ibid.  

What passeth or not by the words, cum pertinentijs.  There being a Copyhold Message called Symonds, whereto divers Copyhold Lands were appertaining, the said Message called Symonds cum pertinentiis, being surrendered to the Lord and all his rights therein: It was moved, whether by that surrender the Copyhold Land shall pass, or only the said House with the Orchards, Yards and Curtelage. And Per Cur. The Copyhold Land shall not pass by these words cum Pertinentiis; and in this it is all one in case of a Copyhold as a Freehold, Cro. Jac· p. 526. Smithson and Cage.  
By Feoffment of the Manor Copy-holds pass, 3 Keb. 456.  
Copyholder had Common of Estovers in the Lord's Wood appurtenant to his Copyhold, and he purchased the Inheritance of the Copyhold, 
Common.  and had the words in his Deed, of all Commons appertaining, the Common is extinct, had there been special words; aliter, More, n. 915.866. Vide supra.  

Cum Pertin.  Copyholder hath Common in the Wastes of the Lord; the Lord by Deed confirms to a Copyholder, Hab. to him and his Heirs, with the Appurtenances; the Common is extinct, for he hath his Common in respect as he is customary Tenant, 2 Brownl. 210. Marsham and Hunter.    

CAP. XIII.  
Of Surrenders. The nature of a Surrender. General Rules and Diversities for the better Explication. Of the Alienation of Copyhold Estates in general, and of selling Copy-holds by Commissioners of Bankrupts in particular. Of Surrender in Court. By what words a Surrender will pass. What amounts to a Surrender. Of a Surrender out of Court. Who may take a Surrender out of Court. What Surrender out of Court is good or not.  

Of Surrenders. The Nature of a Surrender.  
A Surrender is a giving up of the Land by the Tenant to the Lord, according to the Custom, to the use of him that is to have the Estate, and is entered in this manner. The form thus, according to Mr. Littleton.  Ad hanc curiam venit A. de B. & sursum reddidit in ead. curia unum Messuagium, etc. in manus Domini ad usum C. de D. & Haeredum suorum, vel Haeredum de corpore suo exeuntium, vel pro termino vitae suae, etc. Et super hoc venit paerdictus C. de D. & cepit de Domino in ead. Curia Messuagium praed. etc. Habend. & tenend. sibi & haeredibus suis, vel sibi & haeredibus de corpore suo exeuntibus, vel sibi ad terminum vitae, etc. Ad voluntatem Domini secundum consuetudinem manerij, faciendo & reddendo inde redditus servitia & consuetudines inde prius debita & consueta, etc. Et dat Domino pro fine, etc. Et fecit fidelitatem, etc. 
Note, The Surrender to the Lord is general, without expressing any Estate, for that he is but an Instrument to admit Cesty que use; for no more passeth to the Lord, but to serve the Limitation of the Use, and Cesty que use, when he is admitted, shall be in by him that made the Surrender, and not by the Lord.  
And therefore if Copyholder in Fee Surrender to the use of another for Life, nothing more passeth from him, but what shall serve the Estate limited to use, 9 Rep. 107. Podger's Case.  
A Surrender is in nature of a Deed Poll, rather than of an Indenture, and enures by way of limitation of use, 1 Sanders 151.  
If a Copyholder Tenant Surrender to the use of himself, Habend. to him and his Wife, and the Heirs of their Bodies, it seems this is void; for it is in nature of a Grant at Common Law, for she was not named in the Premises, 2 Rolls Abr. 67. Brooks' Case, Vide infra.  
A Surrender is to this purpose, that the Lord should not be a Stranger to his Tenant.  
A Surrender is but a Conveyance by matter of Fact, and no higher, and therefore where Surrenderer is Infant, and dies, his Heir shall enter, Cro. El. 90. Knights' Case.  

It must be an actual Surrender in Court and not a Surrender in Law.  If a Copyholder in Fee take the same Land of the Lord by other Copy for Life, this is not any Surrender or Determination of his Copyhold Inheritance; for a Copyhold may not be surrendered but by actual Surrender in Court; sursum reddens this into the hands of the Lord, and not by Surrender in Law, 1 Rolls Abr. 501. Shepard and adam's.  
In grant of a Reversion, 
Attornment, why not needful.  Attornment is not necessary for a Copyholder, because there is no time when the Termor should Attorn; for before the Surrender he cannot Attorn, and after the Surrender and Admittance it is too late. The Copyhold Estate is like an Estate raised by Uses or Devise, in which an Attornment is not necessary, 1 Brownl. 179. Swinnerton and Miller. The Surrender and Admittance are in the nature of an Inrolment, and so amount to an Attornment, or at least supply the want of it, 1 Leon. 297.   

General Rules and Maxims.  
1. Implication is not good in a Surrender, though it be in a Will. A Surrender of Copyhold Land was to the Use of the second Son for Life, after the Death of the Tenant and his Heirs, it was adjudged not good, 1 Brownl. Rep. 127. Allen and Nash, Noy. 152.  
2. In Copyhold Cases, a Surrender to the Use, etc. This is no Use properly, but an Explication showing how the Land shall go, 1 Brownl. 127.  
3. It is the general Custom of the Realm, That every Copyholder may Surrender in Court, and need not to allege any Custom therefore; so if out of Court he Surrender to the Lord himself, he need not in Pleading allege any Custom; but if he Surrender out of Court into the Hands of the Lord, by the Hands of two or three Copy-holders', or by the Hands of the Bailiff, etc. or by the Hands of any other, these Customs are particular, and therefore he must plead them, Co. Lit. 59 a.  
The Estate of Cesty que use shall ensue the Limitation in the Surrender, and not in the Admittance of the Lord, Co. Lit. 659. b. If two joint-tenants be of Copyhold Lands in Fee, and the one out of Court, according to the Custom, surrender his part to the Lords Hands to the use of his Will, and by his Will deviseth his part to a Stranger in Fee, and dies, and at next Court the Surrender is presented; by the Surrender and Presentment, the Jointure is severed, and the Devisee ought to be admitted to the moiety of the Lands, for now by relation the state of the Land was bound by the Surrender, and the Lord cannot grant a larger Estate than is expressed by the limitation of the Use, 1 Rol● Rep. 438. In Grant of a Reversion, Attornment is not necessary for a Copyholder, Vide supra.  
5. Copyhold may not be surrendered but by actual Surrender in Court, and not by a Surrender in Law, Vide infra.  
6. A Copyholder cannot Surrender an Estate to another, and leave a particular Estate in himself, no more than a Freeholder, Vide apres.  
Before I come directly to treat of Surrenders (one of the most useful pieces of Learning as to Copyhold Estates,) I shall premise some general Considerations, as to the Alienation of Copyhold Estates, or of a Transferring of Copyhold Interest from one to another▪ and more particularly of the Selling and Aliening of the Copyhold Lands of a Bankrupt, the knowledge whereof is very necessary, and not very common.  
The Assurance of Copyhold Land from one man to another (who is not Lord) must be made by Copy of Court Roll, according to the Custom, and this must be by Surrender, and for the perfecting thereof must be Presentment and Admittance generally. For,  
If I would have my Estate pass according to my Will, I cannot devise this Copyhold by Will, but must surrender it to the use of my last Will, and in my Will I must declare my intention. But for the manner of doing it, and the operation in Law, Vide postea sub Titulo Surrender to the Use of a man's last Will. And  
If I would Exchange Copyhold Land with another, I cannot do it by Deed of Exchange, but we may Surrender it each to other, and the Lord shall admit us accordingly.  
But Copyhold Estates in some Cases may pass and be transferred from one to another without Surrender, and that by Release: 
Copyhold in some Cases may pass otherwise than by Surrender.  But then we must observe this difference between a Release that enures by way of extinguishment, or by way of an enlargement of an Estate.  
By Release sometimes a Copyhold may be transferred when it enures by way of extinguishment, 
As by Release.  and so may serve to drown a Copyhold Right. As for the purpose, A man is admitted upon a void Presentment, and where the Presentment and Admittance is not according to the Surrender; as where the Presentment is absolute and the Surrender conditional, and so void; It was resolved that the Admmittee had a customary Estate by Possession, and is in by Title, and is capable of a Release from him who had the right; and here is a customary Estate upon which the Release may well be grounded; besides the Lord is not prejudiced, he being satisfied his Fine upon the Admittance. So if I am ousted of a Copyhold, and the Lord admit the Disseisor, according to the Custom, a Release made by me will extinguish my right. But if one be disseised of a Copyhold Estate, a Release by the Disseisee to the Disseisor is void, for this is a prejudice to the Lord in losing his Admittance Fine, if it should be good, and there is no customary Right upon which a Release should enure, there never having been Admittance as was in the other Case: So is Mortimer's Case, Hetly, p. 150.  
But a man cannot pass a Copyhold Estate by way of Lease and Release, because this Release enures by way of enlargement of Estate, and to transfer an Interest, but this must be by a Lease for a Year (which is warranted, etc.) and by Surrender of the Reversion into the hands of the Lord, and he to grant it over to the Lessee.  

One joint-tenant releaseth to his Companion.  One Joynt-Copy holder released to his Companion, and it was resolved in the Case of Wase and Pretty, Winch Rep. p. 3. That the Release was good, without Surrender or Admittance; for the first Admittance is of them and every of them, and the ability to Release was from the first Conveyance and Admittance.  
In some Cases Copy-holds cannot pass by Surrender, Release, Admittance, or otherwise. As for the purpose;  
The Lord grants an ancient Copyhold to S. in Fee, and after he grants the Inheritance of that Copyhold, to a Stranger in Fee. S. makes his Will, and demiseth it to M. which was surrendered at next Court; now by the severance of the Copyhold from the Manor, the Copyhold is not destroyed, but it is not parcel of the Manor; now if one would alien this, he cannot do it by Surrender, for it's not parcel of the Manor, neither can the Feoffee make Admittance, for he is not Dominus; but if such Copyholder will alien, there is no way but to have a Decree against him and his Heirs in Chancery, and so to bind his person, but by it the Interest of the Land is not bound, 4 Rep. 24, 25.  
By the Statute of 13 El. Cap. 7. Copyhold Lands are to be sold by Deed Indented and Enrolled in any of his Majesty's Courts of Record (as other the Bankrupts Land;) but by the same Statute it is provided, That all Persons to whom any such Sale shall be made, shall before such time as they shall enter and take the Profit of the same, agree and compound with the Lord of the Manor, of whom the same shall be holden, for such Fines or Incomes as heretofore hath been usual and accustomed to be yielded or paid therefore; and upon every such Composition the Lord for the time being, at the next Court to be holden at and for the said Manor, shall not only grant to such Vendee upon request, the same Copy or customary Lands or Tenements, by Copy of Court Roll of the said Manors, for such Estate or Interest, as to them shall be sold, and reserving the ancient Rents, Customs and Services; but also in the same Court admit them Tenants of the same Copy or customary Lands, as other Copy-holders' of the same Manor have been wont to be admitted, as also to receive their Fealty accordingly.  
Note, Copyhold Lands are within all the Statutes of Bankrupt, Cro. Car. 550. Crisp and Plat.  
Title to a Copyhold cannot be made by the Commissioners, without Surrender or Admittance, 1 Keb. 24.  

How and to what purpose such Estate Vests before Admittance.  Cro. Car. 569. In Parker and Bleke's Case it is adjudged, That by Bargain and Sale made by the Commissioners of Bankrupts, the Estate of the Copyholder is vested in the Bargainee before Admittance, though he may not enter and take the Profits till Admittance: The Bargain and Sale binds the Copyholder and bars his Estate, and he is no Copyholder after the Bargain and Sale enroled. And where the Bargainee is admitted by the Lord, it shall have relation to the Bargain and Sale: And where the Custom was, That the Wife of a Copyholder dying Tenant shall have a Life Estate, it was adjudged the Copyholder dying, after the Bargain and Sale, his Wife shall be barred of her Widow's Estate.  
A Bankrupt purchaseth a Copyhold, and the Tenant Surrenders into two Tenants Hands, to the use of the Bankrupt, and now he will not be admitted: This may be sold by the Commissioners and the Vendee may pay the Admittance.   

Of Surrender.  
Now I shall treat of Surrenders, then of Presentment and Admittance, for that they make up but one Copyhold Title.  
First of Surrenders.  
We have seen in the last Chapter, how that in some Cases Copyhold Lands may pass without Surrender. Now  
In some few Cases a Surrender is sufficient without Admittance, or Presentment, 
Where Surrenders is sufficient without Admittance.  as if the Copyholder Surrender to the Lords use, there needs no Admittance. And  
In some Cases Admittance will do without a Surrender; 
Where Admittance is sufficient without a Surrender.  as if the Lord make a voluntary Grant of the Copyhold in his hands, no Surrender is needful, but Admittance only.  
But regularly Estates of Copyhold must pass by Surrender and Admittance; and if the Surrender be out of Court there must be a Presentment.   

Of a Surrender in Court.  
By what words a Surrender will pass.  
It cannot well pass by any other word then sursum reddidit, Surrender; if it pass in the Court by the words, Give, Grant, Bargain, Sell, this will not so pass it, but the Heirs of the Copyholder shall avoid it: It is vocabulum artis, as Warrantizare, and some other Law words are.   

What will amount to a Surrender in Court or not.  
By Hobart in Hutton Rep. p. 81. 
What Words.  If a Copyholder comes into Court, and saith, That he is weary of his Copyhold, and requests the Lord to take it, that is a Surrender: And by some, if he come into the Court, and desire the Lord to admit his Son into the Copyhold, this is a good Surrender to the use of the Son: But if a Copyholder comes into Court, and saith, He renounceth his Copy, this is not any Surrender; and if the Copyholder say in the presence of any other Copy-holders', He is content to Surrender to the use of J. S. This is not a good Surrender. Any words in the Court that declare his intention of surrendering into the Lords Hands, is good, 3 Rep. 80. in Belfield's Case.  

What Acts.  It was agreed between the Lord of a Manor and J. S. That in Consideration of 5 l. paid to the Lord, J. S. should enjoy the customary Lands for his Life, and also of Alice his Wife, durante viduitate, and that J. S. should have election, whether the said Lands should be assured to him and his Wife by Copy or by Bill, etc. and he chose by Bill, which was made accordingly. Per Cur. Here is a good Surrender of the said Lands, and that for Life only; 1 Leon. p. 191. Collman and Sir H. Portman's Case.  

Cannot be surrendered but by actual Surrender.  If a Copyholder in Fee takes the same Lands of the Lord, by other Copy for Life, this is not any Surrender or Determination of his Copyhold Inheritance, for a Copyhold may not be surrendered but by actual Surrender in Court▪ and not by a Surrender in Law, 1 Rolls Abr. 501. Shepard and adam's: But in 3 Bulst. p. 80. Belfield and adam's, its Reported thus: Copyholder in Fee comes into the Lord's Court, and there takes a new Estate of his Copyhold from the Lord to himself, for his Life, after to his Wife for Life, and after to his Son for Life, this was admitted a Surrender, and so was the other Case in 1 Roll 501. 
In whom the Reversion after a particular Estate remains.  Postea 13 Jac. But the Reversion is in the Surrenderor, no disposition having been made of it. So in this Case, this is not a giving up his Estate of Inheritance, but only it shall enure by way of Surrender, to the use of himself for Life, after to the use of his Wife for Life, and after to the use of his Son for Life: But if a Copyholder of Inheritance takes a Lease by Indenture for years, by this his Copyhold Estate is gone; and this is a Surrender of his Inheritance; in the other Case the Inheritance remains in him, and is thus Reported by Rolls;  
If a Copyholder in Fee comes into Court, 
Copyholder by accepting of an Estate is not Estopt from claiming another Estate.  and accepts by Copy an Estate to himself for Life, remainder to his Wife for Life, remainder for the Life of his Son. The Question was, whether this shall Estop him from claiming another Estate, and so to lose the Inheritance. And Per Cur. he shall not be estopped; it's but as a Surrender, and the Reversion in Fee continues in his own person, 1 Rolls Rep. 265. Southcot and adam's. 1 Rolls Abr. 171, 172. mesme Case.   

Of a Surrender out of Court.  
A Surrender into the hands of two Tenants, they are but as Instruments, and therefore in an Arbitrament, if it's awarded that one Party shall Surrender into the hands of two Tenants of the Manor, who shall present this, etc. this is a good Award, although it is to be made to Strangers, who are not compellable, because they are to be used as Instruments, M. 13 Jac. B. R. Pooley and Coot.  
A Surrender out of Court, if it be duly done, is as binding as that that is done in Court.   

Who may take a Surrender out of Court.  
A Copyholder may Surrender into the hands of the Lord himself out of Court, 
The Lord himself.  without a particular Custom to warrant it, and in Pleading he need not to allege any Custom, Co. Lit. 59 a. b.  

By the hands of two Tenants.  Copyholder may Surrender out of Court, into the hands of the Lord, by the hands of two or three Copy-holders', or by the hands of the Bailiff or Reeve, etc. or by the hands of any other, but this cannot be without particular Customs, and therefore he must plead these Customs, Co. Lit. 59 a.  

By Steward.  The Steward of a Manor may take a Surrender of a Copyhold out of the Manor, M. 13 Jac. B. R. Housey and Wild. And the Lord or his Steward may grant Copies out of Court as well as in Court, Cro. El. 103.  
But in such Case how it must be presented, Vide sub Titulo Presentment, infra.  

By special Steward appointed by the Lord to go to the Surrenderor.  If he who ought to Surrender cannot come in Court to Surrender in person, the Lord of the Manor may appoint a special Steward to go to the Prison and take the Surrender, 1 Leon. p. 36. So if a Copyholder be in extremis, the Custom was to Surrender into one Tenants hands, 
A Surrender to one Tenants hands and presented to be done to another, yet good.  in the presence of credible Witnesses, a Surrender was made accordingly, but presented to be done to another Tenant, yet being proved to be done to a Tenant of the Manor, it was holden by Wadham Windham Justice, to be good, May's Case, Norfolk Summer Assizes, 1663.   

What Surrender out of Court is good or not.  
A Surrender by Letter of Attorney to two customary Tenants out of Court, is good; for as a Copyholder may Surrender in Court de communi jure, by the common Custom of the Realm, and at Common Law, so he may do it by Attorney, as a thing incident at Common Law; and the reason is founded upon a dive rsity. If a man had a naked Authority, coupled with a confidence as Executors have to sell Land, they cannot do it by Attorney; 
When one may do a thing by Attorney and when not.  but if a man hath absolute Authority as Owner of the Land, which a Copyholder hath, having a customary Estate of Inheritance, he may do it by Attorney, and so this need not be pleaded as as a Custom. And though a man have an Authority joined with an Interest, yet if the Authority be warranted by special Custom only, it cannot be executed by Attorney. As if there be a special Custom, That a Copyholder for Life may make Estate for twenty years to continue after his death; this Estate cannot be made by Attorney; so for an Infant to Surrendr at the years of discretion, Co. Cop. 105. But in Chapman's Case, Hill. 28. El. B. R. Where the Custom of a Manor was, That the Copyholder out of Court may Surrender into the hands of the Lord of the Manor, by the hands of two customary Tenants; in such Case the Copyholder by his Attorney may not Surrender into the hands of the Lord, by the hands of two Copyhold Tenants, for without special Custom to warrant it, it's not good. 
Authority to be pursued strictly.   
But such Attorneys ought to pursue the manner and form of the Surrender, in all points, according to the Custom, as the Copyholder himself ought to have done; as if by the Custom it ought to be done by the Rod, or any other thing, etc.   

The form of a Letter of Attorney was in this manner.  
That the Copyholder doth Constitute W. T. and E. A. two Copyhold Tenants of the Manor of, etc. his lawful Attorneys to Surrender vice & nomine suo, to the Lord of the Manor, ten Acres, etc. to the use of J. N. and his Heirs, and after at a Court held in the Manor, 8 July, Anno, etc. The said Attorneys tunc tenentes Dom. per Copiam Rot. Cur. & in ead. Curia ostenderunt script. praed. geren. dat. praed. 12 die Novemb. etc. Et iidem W. & E. authoritate eye per praed. literam per Attornatum dat. in plena curia sursum reddiderunt in manus Dom. praed. etc. Acras, etc. ad opus & usum, etc. Now the Attorney must do the Act in the name of him who gives the Authority, as it is in Brownl 94. The Letter of Attorney must say for him and in his name, yet the Entry aforesaid is good; for it is W. & E. sursum redderunt & authoritate eye dat. 
What Entry as to the form of a Letter of Attorney is good.  which is as much as if they had said, We as Attorneys of, etc. Surrender. I as Attorney of J. S. do Surrender, or by Authority of this Letter of Attorney, I Surrender, it is all one, 9 Rep. 76. Combe's Case.  


Not to be done without Deed, but admittance by Attorney may be without Deed.  
Lessee for years cannot Surrender by Attorney, and how he may.   A Copyhold Estate cannot be surrendered to another by an Attorney, without Deed, but one may be admitted to a Copyhold Estate, by Attorney without Deed, Stiles Pract. Reg. 74.  
Lessee for years cannot Surrender by Attorney, but he may make a Deed purporting a Surrender, and a Letter of Attorney to another to deliver it, 1 Leon. p. 36.  
Copyholder of Inheritance makes a Letter of Attorney to two jointly and severally, to Surrender his Copyhold Lands to certain uses, according to the Custom of the Manor after his death, Quaere, if this be a good Custom, Stiles Rep. p. 291, 311. Wallis and Bucknal, and p. 243. Roby and Twelves.  
Litera Attornatus ad sursum reddend. tenementa custumaria, sursum redditio & admissio, Co. Ent. 575, 676.  
Pled. quod tenentes custumarij possunt sursum reddere Tenementa tam extra Curiam in presentia 2 vel 3 tenentium quam in curia manus, Senel. Ra. Ent. 645. Simil. per 1 vel 2 Tenentes ut Attornatus, Co. Ent. 657.    

CAP. XIV.  
What shall pass, and by what words in a Surrender. Of Attornment. The Construction and Exposition of a Surrender. Where no Use or Estate is immediately limited in whole or in part. And where an Use is limited, how far the Construction shall go, according to the Rules of the Common Law, or not. Of Surrender to Use upon Use. To the Use of one's Wife. Where a Surrender is void for the uncertainty. Of a Surrender to the Use of a person not in esse. And of a Surrender to take effect in futuro.  

What shall pass, and by what words in a Surrender.  
B. Covenants to assure all his Copyhold Lands to A. after he Surrenders out of Court, according to Custom, divers parcels by particular Names, the Surrender is enroled accordingly, with this Conclusion, By the name of all his Copyhold Lands there; yet no more shall pass than what was named in the Surrender, Dyer 8 El▪ 251.  
Harvy Justice said, he knew it to be adjudged, That a Surrender, cum pertinentijs, will pass Land, Hetly, p. 2. And that a Surrender of a Message and three Acres, would pass more Acres if divers Copies successive have been so. I suppose he means if the words cum pertinentijs be in.   

What Ceremony, etc. is requisite or not to make good a Surrender.  

Attornment.  A Copyholder with Licence, leased for Years, rendering Rend, and afterwards surrendered the Reversion, with the Rent, to the use of a Stranger, who is admitted: Here needs no Attornment, either to settle the Reversion, or create a privity; for the Surrender and Admittance are in the nature of an enrolment, and amount to an Attornment, or at least supply the want of it, 1 Leon. 297. But there must be an Admittance by the Lord; but in such case there shall be no Entry for Condition broken, without Attornment, Hobart 177. Swinnerton and Miller, 1 Rolls Abr. 235. mesme Case. Vide sparsim de Attornment.   

The Construction and Operation of Surrenders. Where no Use or Estate is immediately limited in whole or part.  

Surrender to the Lord, without expressing what use.  If▪ a Surrender be made to the Lord in general, without expressing to what use, it shall be taken to the Lords use, Kitch 81. And therefore in Bunting's Case, cited in Brown and Foster's Case; A Custom was, That if any surrendered to the use of another, without expressing any Estate, that the Lord may grant it to him to whose use the Surrender was made: It was adjudged a good Custom, and the Lord shall ascertain the Estate. A Copyholder sold his Copyhold Estate, but shows not what Estate, 
Or what Estate.  but surrendered it the use of the Bargainee, and the Lord granted it in Fee to the Bargainee, and it was adjudged good, Cro. El. 392.  
Copyholder in Fee surrendered his Lands into the hands of the Lord, without saying to whose use the Surrender should be; and at the next Court the said Copyholder was admitted Habend. to him and his Wife in tail, 
And then admittance is to uses; this subsequent act explains a Surrender.  remainder to his right Heirs. Per Cur. The subsequent Act shall explain the Surrender, and when the Copyholder accepted a new Admittance, the Law intends the Surrender was made to such an use as is specified in the Admittance. Quando ab est provisio partis, adest provisio Legis, Popham, p. 125, 126. Brook's Case, Cro. Jac. 434. mesme Case.  
Copyholder Surrenders to the use of M. and R. without limitation of any Estate, they shall only have it for their Lives; and in such case, 
A Surrender to one for Life, without limiting the Fee, the Fee is in the Surrenderor.  if the Lord make Admittance, and deliver Seisin to M. and R. and the Heirs of R. this was only an Admittance to them for term of their Lives, the Reversion over to R. who made the Surrender, for the Lord is but an Instrument, and when he hath made Admittance according to the effect of the Surrender, nothing remains in him, but the Reversion is in the Surrenderer, 4 Rep. 29. Bunting and Lepingwel.  
But it is otherwise in the case of a Copyholder for Life; as if a Copyholder for Life Surrender to the use of J. S. for Life, and J. S. dies, this shall not revert to the first Copyholder for Life, Mich. 7. Car. 1. 
Diversity.  King and Loder's Case. And therefore in Dyer, 9 Eliz. f. 264. The Husband seized in the right of his Wife, Reversion to B. Reversion to C. for their Lives; the Husband surrrenders to the use of B. for his Life, to whom the Lord grants it for his Life, and is admitted, and after dies; the Husband shall not have it again during his Wife's Life, for he had dismissed himself of it, 
Lord as Occupant.  and C. shall not have it during the Wife's Life, but the Lord as Occupant.   

Where an Use is limited, how far the Construction shall be according to the Rules of Common Law or not.  
Some lay it down for a Rule, That the same Construction which the Law makes upon words in a Deed, it will make upon a Copy, is not always true, though regularly it is so. As if Copyhold be granted to a Corporation, where no Estate is named, it's a Fee-simple. So if Surrender to one and his Heirs, and he reciting this Surrender, doth Surrender it to my use in the same manner as I surrendered it to him, this is a Fee-simple. So if I Surrender to J. S. as large an Estate as he hath in the Manor of Dale, he hath a Fee-simple in that Manor, Co. Cop. 132.  

The Wife shall take by the Admittance, though not named in the Premises in the Surrender.  But a person may take by the Hab. in the Admittance, who was not named in the Premises, as to Copyhold; therefore in Brook's Case above cited, Copyholder Surrenders his Lands, without saying to whose use, and at the next Court the said Copyholder was Admitted, Habend. to him and to his Wife in tail, the Remainder over. Per Cur. the Wife shall take by this Admittance, though she was not named in the Premises. But this Case of a Copyhold is like to the Case of a Will, or to the Case of a Frankmarriage, in which it is sufficient to pass an Estate, albeit the Parties be only named in the Habendum; aliter, where the Surrender is to Uses, and she is not named in the Premises.  
And the like Rule is laid down in Bunting and Lepingwel's Case, 4 Rep. 29. 
As well Estates as Descents to be directed by the Rules of Law.  That as well Estates as Descents, shall be directed by the Rules of Law, as necessary consequents upon the Custom, unless there be a special Custom to the contrary; as, a Surrender sibi & suis by the Custom, may make an Estate of Inheritance; but a Surrender to one & tribus assignatis suis, by his death, the Estate in the Copyhold is determined, Yeluerton, p. 16. Arnold's Case.  
Though we have observed, 
Surrender passeth not by implication.  That the passing of Estates of Copyhold is much resembled to Devises, yet an Use shall not pass in a Surrender by implication, and therefore in Seagood and Hone's Case, Cro. Car. 366. A Copyhold is surrendered to the use of F. K. and J. R. Son of the said F. and of the longest liver of them both, and for want of Issue of J. the Son of his Body, lawfully begotten, the Lands to remain to the youngest Son of M. S. Per Cur. J. had but an Estate for Life, and being an Estate for Life, limited by express limitation, it shall not be a greater Estate by implication.   

Of Surrender to a Use upon Use.  
Surrender by A. to the Use of B. and his Heirs, to the use of such person as A. should name by his Will, Per Twisden in Leper and Wroth's Case, it is ill; no Use can be raised upon an Use, although it being Copyhold it is not executed by the Statute. But H. nominated by the last Will of A. had surrendered to B. the Court conceived no doubt in that Case, 1 Keb. 627.  

Contingent Remainder.  Surrender is to the Use of one in Fee upon Condition to pay 100 l. to a Stranger, and if he failed, it should be to the Use of a Stranger in Fee. The Question was, whether that should be a good Limitation to the Stranger, being a Fee upon a Fee. Beaumond conceived it to be well enough, being as an Use limited on a Feoffment, but it was found specially, Cro. El. 361. Paulter and Cornhill, vide infra.   

To the Use of ones Wife  
Is good, though he which is admitted is in by him who makes the Surrender, yet a man may Surrender to the Use of his Wife, because the Husband doth not do this immediately to the Wife, but by two means. 1. By Surrender of the Husband to the Lord, to the Use of the Wife. And 2. By Admittance of the Lord to the Wife, according to the Surrender, 4 Rep. 29. Bunting and Lepingwel.   

Where a Surrender is void for the uncertainty.  

Averment.  A Copyhold was granted to a Father, and to his Son and Heirs, who at the time of the Grant had but one Son, it was adjudged a good Limitation to that Son, Cro. Jac. 374. Cobb and Betterson. But in Winkmore's Case, cited there, where a Copy was granted to S. the Father and to his Son, and he doth not demonstrate which of his Sons shall have it; it was adjudged to be a void Grant for the uncertainty, he having many Sons at that time.  
But that which is wholly uncertain, no subsequent manifestation of my intention can help it, as a Surrender to the Use of my Cousin or my Friend, or to the Use of J. S. or J. N.   

Surrender to the Use of a Person not in esse.  
And in this point Limitations of Estates are not directed according to the Rules of Law. 
In this, Estates are not directed according to Law.  For at Common Law if the Grantee (immediate) and be not in rerum natura, and able to take by virtue of the Grant, its void presently. But though at the time of the Surrender the Grantee is not in esse, or not capable of a Surrender, yet if he be in esse, and capable at the time of Admittance, that is sufficient; as a Surrender to him that shall be Heir to J. S. or to the Use of the next Child of J. S. or to the next Wife of J. S. though at the time of the Surrender J. S. had no Child, Heir or Wife; yet if he afterwards hath, his Heir, Wife or Child may come into Court and compel the Lord to admit according to the Surrender; the reason of this Construction seems to be, the Surrender is a thing executory, and is executed by the subsequent Admittance, and nothing vests in the Grantee before Admittance; and therefore if at the time of the Admittance, he be capable to take, it's enough, Co. Copy. Put the Case at Common Law, J. S. bargains and Sells to the Use of the next Son of J. D. and he hath no Son then, but after he hath a Son before the Deed is enroled, yet this shall not be good, and yet it's as an executory Grant, i. e. not perfected till enrolment, and nothing passeth till enrolment, or vesteth in the Bargainee till then, no more than by Surrender.  
I will put this Case. A Surrender is to the Use of A. B. for Life, and after to the next Child that J. S. shall have. A. B. forfeits his Estate, J. S. having no Child at that time, but afterwards he hath a Child; shall this Child compel the Lord to admit him? Q. for such a Remainder at Common Law would be destroyed.  
But a Surrender to the Use of the right Heirs of J. S. he being alive, is void, because it cannot take effect according to the intent of the Grantor, which is to be executed presently.  

To one in 〈◊〉 mere.  Surrender Habend. after his death, to the Use of his Child, then in ventre sa mere, his or her Heirs and Assigns, and if it die before full Age or Marriage, then to the Use of another in Fee. Copyholder dies, Infant was born, but dies before Age or Marriage; this is not good, he cannot make such a conditional Surrender to operate in futuro: But whether the Surrender to an Infant in ventre sa mere be good, hath been much much questioned, Cro. Jac. 376. 1 Rolls Rep. 109, 131. 2 Rolls Abr. 415, 416. 2 Bulstr. 274, 275. Simson and Sothern. Some are for it and some against it. I conceive it is allowed to be good, as well as a Devise to an Infant in ventre entre sa mere. Surrender to the Use of J. S. for Life, remainder to the Use of an Infant, in ventre sa mere, is good.   

Of a Surrender to take effect in futuro.  
A Surrender of a Copyhold in Fee, a tempore mortis, is void, 1 Sanders 151. Or a Surrender at a day to come is void.  
Copyholder in Fee Surrenders out of Court, into the hands of two Tenants in Writing, as follows.  
Memorandum, Such a day and year, A. S. the Copyholder, Surrenders the Land, etc. to the Use of B. and C. etc. This Surrender not to stand and be of force till after the decease of A. S. Per Cur. If this Memorandum should be good, than this had been a Surrender at a day to come, and consequently void, and therefore the Surrender being perfect before, by the first part of the Instrument, this Memorandum shall not make it void, but the Memorandum shall be void, 2 Rolls Abr. 61. Seagood and Hone. And the Reason is given in Simpson and Southern's Case, Cro. Jac. p. 376. A Copyholder cannot Surrender an Estate to another, and leave a particular Estate himself, no more than a Freeholder, for so the Surrenderer should have a particular Estate in him without a Donor or Lessor, which by the Rule of Law cannot, be, March. Rep. 177. Bambridge and Whitton; therefore Noy, p. 152. is not Law, Vid. 1 Roll Rep. 135.    

CAP. XV.  
Constructions of Surrenders as to Limitations of Remainders and Reversions. Of Contingent Remainders. Where the Heir shall be in by Descent or Purchase. Of a Surrender to the Use of ones last Will and how to be Construed. Surrender upon Condition or Contingency. Of Surrender before Admittance. Surrender by whom, to whom, by Feme Covert. Countermand of a Surrender. What Remedy to force a Trustee to Surender.  
Construction of Surrenders as to 

Reversion  
Remainder   Limitation.  

What shall be good to pass by the Name of a Reversion or not.  

Surrender by the name of a Reversion.  Copyholder by Licence of the Lord demised the Copyhold to the Plaintiff for twenty years by Indenture, rendering Rent; the same Copyholder surrendered the Reversion of the one moiety to A. and of the other to B. and they were admitted. Per Cur. The Surrender by the name of a Reversion was good in this Case, though the Lease was not made by Surrender (which had then been directly derived out of the customary Estate) but by Indenture, for it is still the Lease of the Copyholder and not of the Lord, and the Rent will be divided by moities.  
Husband seized of Copyhold Land in the right of his Wife, who had the Fee, surrendered the Copyhold Land, by the name of a Reversion, after the death of the Husband and Wife, the Surrender is void; for by that pretence there shall be a particular Estate left in the Wife, and also in the Husband, 
One cannot leave a particular Estate in himself.  whereas the Husband had nothing before, which cannot be: And when one is seized in Fee, he cannot by any matter in Fact give away the Inheritance after his death, and so leave a particular Estate in himself: Peradventure by matter of Record he may, Cro. Eliz. p. 29. Clamp's Case.  
Copyholder in Fee by Licence of the Lord, 15 Feb. 4 Jac. makes a Lease for sixty years, rendering Rend, and the Lease was to commence at Michaelmass next ensuing. Lessee enters and was possessed, Postea scil. 8. May, the Copyholder surrenders the Reversion to divers Uses, the Grantee of the Reversion distrains for Rent, this Grant of the Reversion seems not to be good, the Surrender being made the 8th of May, which was before the inception of the Lease; perhaps if no day had been named it had been good, Lit. Rep. 17, 18. 
Surrender of a Reversion bears date before the inception of the Lease.  Marry Selby and Beck and Drewet's Case, there cited. A Feme Copyholder in Fee, comes into Court and offers to Surrender to J. S. in Fee, but she desires to retain to herself an Estate for Life; the Steward enters that she surrenders the Reversion of her Copyhold to J. S. after her her death, it's naught, Vide Attornment supra.   

Limitations in Remainder and Construction thereon, and of Contingent Remainder.  
Tenant for Life and he in Remainder of a Copyhold, he in Remainder surrenders his Remainder to the Use of Tenant for Life, and after his decease to the Use of himself and his Wife; the Estate limited to the Tenant for Life, is void, but the Estate limited to Baron and Feme, is good, by way of present Estate, and not of Remainder, 1 Sanders Rep. 150, 151, 152. So in Siderfin, 
Remainder over good by way of Grant, and doth not depend upon a particular void Estate.  p. 360. Copyholder in Remainder surrenders to a Copyholder for Life, Remainder over; this Remainder over, is good, by way of grant in the Estate limited to the Tenant for Life, because he had an Estate in it for his Life before; and therefore it was argued, That the Remainder limited after this particular Estate which is void in its creation, are void also. But Per Cur. the intent was, that Husband and Wife shall have the Land joynly for their Lives, in possession after the death of Tenant for Life, as by mediate Settlement. A Surrender is rather in nature of a Deed Poll than of an Indenture, and enures by way of limitation of Use, & ut res magis valeat, Wade and Bath.  

Fee upon a Fee, upon a Contingency.  A Fee may be limited upon a Fee, upon a collateral Contingent in Copyhold Estates: As if a man surrender a Copyhold in Fee to the Use of J. S. and his Heirs, who is an Infant, and if J. S. dies before the age of twenty one years, or marriage, than he surrenders this to the use of J. D. in Fee. This is a good Remainder to D. upon the Contingent, 2 Rolls 791. Simpson and Southwood. It's made a Quaere in Stiles, in the Argument of Pausley's Case, If by the destruction of a particular Copyhold, a Contingent Remainder be destroyed. Rolls conceived not, because it doth not depend upon the particular Estate, but aught to expect till the Remainder happen, Styles 251. and there is one in esse to take the particular Estate. But it seems the Law to be contrary, and that if the particular Estate be destroyed the Contingent Remainder is gone: As to this,  
A Surrender is to the Use of a Feme Covert, the Remainder to the right Heirs of the Body of the Husband and Wife; he in the Remainder shall not take till the Husband dies, for he which is to have this, aught to be Heir of the Body of both, 2 Rolls Abr. 415. Lane and Panel: A like Case as this is also Reported, 3 Leon. p. 4. Copyholder is surrendered to the Use of the Wife for Life, the Remainder to the Use of the right Heirs of the Husband and Wife; the Husband entered in the right of his Wife. Per Cur. The Remainder is executed for a moiety presently in the Wife, and the Husband was seized of that in the Right of his Wife, and the Wife dying first, her Heir shall have it, but if the Husband had died first, his Heir should have had one moiety.  
But the Case of Lane and Panel (wherein was good Law▪ and nicely argued,) is better Reported in 1 Rolls Rep. 238, 317, 438. The Case was this: Lane was seized of a Copyhold in Fee, and having a Wife, surrenders it to the Use of Dixon and the Wife for their Lives, and after to the Use of the Heirs of the Body of the Husband and Wife; and the Wife and Dixon are admitted to them and their Heirs, and after Dixon surrenders his moiety to the Husband and Wife, and their Heirs, upon which they were admitted; and afterwards they Surrender it to the Use of one Davis in Fee, who was admitted; then the Wife dies having Issue, and after the Husband dies, the Heir brings an Action of Trespass; it's not maintainable. The great Question was, whether the Wife had an Estate tail executed (vested) in her. Per Coke, 
Whether Estate tail Executed, or rests in Contingency.  its Estate tail executed in the Wife; but by the Reporter it seems it is not executed but rests in contingency; the Case as to that is but this: A man gives Lands to the Use of his Wife for Life (for as to this, the Estate of the Stranger is not material,) and after to the Use of the Heirs of the Body of the Husband and Wife, begotten; (for had it been to the Use of the Wife for Life, the Remainder to the Use of the Heirs of the Wife by the Husband begotten, it had been no Question) he which is to have this, aught to be Heir of both their Bodies, which cannot be before the death of both; and than it may so happen, that this Remainder shall never take effect, for if the Wife die who had the particular Estate, during the Life of the Husband (as it was here) her Heir of her Body cannot take it, because he is not Heir of the Body of the Husband also, and then he not being capable of the determination of the particular Estate, he shall never have it, and where an Estate rests upon Contingency this may not be executed before the Contingency happen. Per Cur. when the Wife and the Estranger are admitted in Fee, this doth not alter the Estate, but they shall be seized according to the Surrender. And when Dixon surrenders his moiety to the Use of the Husband, 
Severance of a Jointure.  this was a severance of the Jointure, between him and the Woman, and the Husband aliening the whole to the Defendant, he had a moiety for the Life of the Wife, defeazable by the Wife, and the other moiety for the Life of Dixon, and after when the Wife dies, the Estate of Panel is determined, as to one moiety, and on this the Remainder ought then to have vested; but the Plaintiff being Heir of the Body of the Wife begotten by the Husband, 
Remainder destroyed, because not vests on the determination of the particular Estate.  cannot take the Remainder which was limited to the Heirs of the Body of the Baron and Feme, during the Life of the Husband, because non est haeres viventius, and he which takes this Remainder ought to be Heir of both their Bodies, or otherwise he shall not take it at all, and therefore the Remainder is destroyed, as to this moiety.  
As to the Admittance of him in Remainder, Vide Admittance.  
Note, The possession of a Lessee for years, is the possession of him in Remainder, yea, so as to make a possessio fratris, Modern Rep. 102. Blackburn and Greaves.   

Where the Heir shall be in by Descent or Purchase.  
It is a common diversity in our Law, where a Man surrenders to the Use of himself for Life, and afterwards to another in tail, the Remainder to the right Heir of him who surrendreth, there his Heirs shall have it by descent; otherwise, where the Surrenderer hath not an Estate for Life, or in tail, there his Heir shall enter as a Purchaser. To illustrate this by a Case or two:  
A Copyholder surrendered his Lands to the Use of a Stranger for Life, and afterwards to the Use of the right Heirs of the Copyholder, who afterwards surrendered his Reversion to the Use of a Stranger in Fee, and died, and Tenant for Life died, the right Heir of the first Copyholder entered. Per Coke, nothing remained in the Copyholder upon the first Surrender, but the Fee is reserved to his right Heirs, for if he had not made any second Surrender, the Heir should be in, not by Descent, but by Purchase, 1 Leon. Allen and Palmer.  

Heir.  A. seized in Fee of a Copyhold, surrenders this to the Use of his last Will, and after by his last Will devised it to B. for Life, and after his death to the Heir of his Body begotten for ever. Per Cur. The word (Heir) being limited to the Body of B. is nomen collectivum, and all one with the word Heirs, and so B. had a Fee executed, and his Heir shall have this by Descent and not by Purchase: And it is not like to Archer's Case, 1 Rep. Where the Devise is to B. for Life, and after to his Heir Male, and to the Heirs Males of such Heir Male, for there the Inheritance is limited to the Heir Male of the Body of such Heir Male, Styles 249, 271. 2 Rolls Abr. 253. Powsly and Lowdal.   

Not a good Remainder within the Custom.  
A Copyhold which by Custom was demisable for three Lives, was demised to one for Life, the Remainder to such a Wife as he shall marry, and to the first Son of his Wife, Per Cur. These two Remainders are void, but the Estate for his Life was good, More, n. 1922. Webster and Allen, Vide supra.   

Of a Surrender to the Use of one's last Will, and how to be construed.  
A man cannot devise Copyhold Estate to transfer it by his last Will only, but he must Surrender it in Manus Domini, to the Use of his last Will, and then he may devise it to whom he pleaseth; but its apparent that nothing passeth by the Will, but all by the Surrender; and the Will is only a Declaration of the Uses of the Surrender, 1 Bulst. p. 200. Semain's Case: But if a Copyhold he devised without Surrender, 
Decreed.  it cannot be executed in point of Interest, but only by Decree in Chancery, 2 Keb. 837. Harrison and Grosvener.  
But a Custom, that a Copyholder shall Devise his Land, is not good without Surrender, p. 35 Eliz. E. R. Rot. 334. Wrot's Case.  
A man seized of Copyhold Lands, devised a certain parcel of them to his Wife for Life, 
A general Surrender restrained by the Will.  the Remainder to his Brother and his Heirs, and afterwards in presence of three persons of the Court, said to them, I have made my Will, and have appointed all things in my Will as I will have it; and afterwards he said, And here I Surrender all my Copyhold Lands into your Hands accordingly. Per Cur. The Surrender is restrained by the Will, and not all his Copyhold Lands, but only so much as are mentioned in the Will, pass to the Wife, 3 Leon. p. 18.  
Copyholder in Fee surrenders into the Hands of a Tenant, according to the Custom, to the Use of a Will, which he said he would make and leave in the Hands of his Partner Moss. Moss dies, and after the Copyholder makes his Will, and recites the Surrender; it seems that the Devisee shall have the Lands, for the words, 
Words of Demonstration, and not of restraint.  That he would leave in the Hands of Moss, are words of demonstration, and not of restraint; and than it is a ground in our Law, When an act is to be done, with reference to another thing, which is impossible, illegal or variant, the act shall stand, and the reference shall be void, Lit. Rep. p. 23. Littleton against Eton.  
Let us see now when a man hath surrendered to the Use of his last Will, how the Estate stands in the Surrenderer.  
Copyholder surrenders to the Use of himself, for Life, and after to the Use of R. his Son for Life, and after to the Use of his last Will. R. dies, the Father afterwards surrenders it to the Use of J. S. in Fee, and dies, without making any Will. It's a good Surrender, for a Copyholder may surrender parcel of the Estate, and the residue shall be in himself, and the Fee Simple of the Copyhold being limited to the Use of his Will, remains in the Copyholder, and not in the Lord, Cro. El. 441. Co. 4 Rep. 23. Finch and Hockly, and that the Fee lies not in the Lord, is Bullen and Grants Case, 1 Leon. p. 174. When one surrenders to the Use of his last Will, and thereby deviseth Copyhold Lands to his middle Son, and the Heirs of his Body, who dies without Issue, and the Lord grants it to the youngest, the eldest Son may enter, and Admittance is not necessary.  

Copyhold devised to pay Debis.  J. S. seized in Fee of Copyhold Lands, devised it to his Wife for Life, and that she should sell the Reversion for the payment of his Debts, and after in Court did Surrender the Lands to the Use of his Wife, for Life, according to the Will and Deed, she may sell the Land; he surrendered and referred to the Will, and she surrendered upon Condition to pay 12. l. this was held to be a good Sale, according to the Will. Cro. El. 68 Bright and Hubbard.  
If there be two joint-tenants, 
By joint-tenants.  and the one Surrenders into the Hands of two Tenants to the Use of his last Will, and makes a Will of the Land, and dies; the Surrender is afterwards presented. Per Cur. It's a severance of the Jointure, and shall bind the Survivor, for being presented, it shall relate to the first time of the Surrender, Cro. Jac. 800. Porter's Case, 1 Brownl. Rep. 127. Allen and Nash.   

Pleadings.  
Quod tenens custumar. in feodo possit devisare in feodo pro termino vitae vel annorum, Coke Ent. 124.   

Surrender upon Condition or Contingency.  
Copyholder may Surrender to the Use of another, on Condition, if the Copyholder pay to the Surrendree, etc. ad Domum suam Mansionalem, etc. that then the Surrender shall be void, 5 Rep. 114. Wade's Case.  
A Copyholder may Surrender to the Use of another, reserving Rend, 
Condition, Re entry for nonpayment of Rent.  with Condition of reentry, for nonpayment, and for default of payment, he may re-enter, 4 H. 6.11.21 H. 6.37.  
A Copyholder surrenders upon Condition, and afterwards by his Deed releaseth the Condition; its good without surrender, for properly a Right or Condition cannot be given or determined by Surrender but by Release, Cro. Jac. 36. Hull and Shardbrook, 4 Rep. Kite and Quinton.  
Surrender to the Use of one in Fee, upon Condition to pay 100 l. to a Stranger; it was a Question, if the tender of 100 l. to a Stranger, and he refusing, the Condition is saved? By Beaumond, it is saved, aliter, in Case of an Obligation, where he takes upon him to do it, Cro. El. p. 361. Paulter's Case.  
K. L. Father of the Defendant, Copyholder in Fee, surrendered to the Use of the Defendant in Fee, upon Condition he should perform the Covenants in such an Indenture; the Defendant was admitted, and after surrenders the Land to the Use of the Plaintiff in Fee, upon Condition if the Defendant paid 10 l. the Surrender to be void. The Defendant neither paid the 10 l. nor performed the Covenant in the Indentures. The Father enters and dies seized, and it descends to the Defendant, 
Additional Surrenders defeated by Entry.  and he enters, upon whom the Plaintiff enters: The Question was, if this Entry were lawful, and adjudged it was not; for by the Entry of the Father both the Surrenders are defeated. So the Defendant may confess and avoid what was done to the Plaintiff, Judgement pro Defendente, Cro. Eliz. 239. Simonds and Lawnd, Trin. 33. Eliz.  

One cannot pass a Copyhold Estate to begin at a day to come, no not upon a Contingency.  A Copyholder saith, he surrenders his Copyhold Estate, and if his Child which shall be Born dies before his Age of 21 years, that then his Brother shall have it; it's not good. This Case falls upon a Rule in Law, That one cannot pass a Copyhold Estate to begin from a day to come, nor yet upon a Contingency, no more than a freehold at Common Law, 2 Bulstr. 274. Simpson and Southern.  
If a Copyholder surrenders his Copyhold of Inheritance into the hands of the Lord, 
Use vests presently, the Condition to take effect in futuro.  to the Use of J. S. paying of an 100 l. to his Executors, within such a time after his death, he to whose Use this Surrender is made, takes by force of this presently, Per Dodridge, 2 Bulst. p. 275. idem Case.   

Surrender upon Condition or Contingency.  
Copyholder may surrender to the Use of another, on condition if the Copyholder pay 250 l. ad domum suam mansionalem, etc. that then the Surrender shall be void, 5 Rep. 114. Wade's Case.  
A Copyholder may surrender to the Use of another, reserving Rend, 
Condition of reentry for nonpayment of Rent.  with condition of reentry for nonpayment, and for default of payment, he may re-enter, 4 H. 6.11.21 H. 6.37.  
A Copyholder surrenders upon condition, and afterwards by his Deed releaseth the condition, its good without surrender, for properly a right or condition cannot be given or determined by Surrender, but by Release, Cro. Jac. 36. Hull and Sharebrook, 4 Rep. Kite and Quinton.  
Surrender to the Use of one in Fee, upon condition to pay 100 l. to a Stranger; it was a Question if the tender of the 100 l. to the Stranger, and he refusing, the condition is saved. By Beaumond it is saved; aliter in Case of an Obligation, where he takes upon him to do it, Cro. El. p. 361. Poulter's Case.  
The Form of a Surrender of Copyhold Land upon Condition, Vide Conveyancers Light, p. 827. Vide infra Presidents.   

Of Surrender before Admittance, whether it shall be good or not?  

Purchaser hath nothing before Admittance, neither can he Surrender.  A Surrender to J. S. J. S. Surrenders to a Stranger, who is Admitted. The Stranger takes nothing, for J. S. had no Estate before Admittance, and the right and possession still remains in him who surrendered, and this shall descend to his Heir. But the diversity is, an Heir to whom a Copyhold descends or comes in remainder, he may surrender before Admittance, because he is in by course of Law, for he Custom which makes him Heir to the Estate casts the Possession upon him, from his Ancestors. But a Stranger to whom the Copyhold is surrendered, had nothing before Admittance because he is a Purchaser, and the Copy made to him upon his Admittance is his Evidence by the Custom; and before this he is not a customary Tenant, and so he can transfer nothing to another. Yelv. p. 144, 145. Wilson and Weddel. Cro. Jac. p. 36. joiner's Case.  

The Heir may surrender the Reversion before Admittance.  Copy-holders' Baron and Feme to them and the Heirs of the Husband: Husband dies, the Heir may surrender his Reversion into the hands of two Tenants, out of Court, (if the Custom be so,) before any Admittance, and during the Life of the Wife, and its a good Surrender, for the Reversion was cast upon him by the Surrender, before any Admittance, 1 Rolls Abr. 499. Calchin and Calchin.   

Surrender, by whom.  

By Infant.  An Infant who Surrendered his Copyhold Land within Age, may enter at his full Age, without being put to any Suit for it, Popham. p. 39  
Infant within Age, surrenders to the Use of another, it's not good, in Chancery, Mich. 9 Jac. hugh's and Carpenter.  
Baron seized of Copyhold in right of his Feme, in Fee, surrenders without his Wife, 
By Husband of the Wives Land.  to the Use of J. S. in Fee, who was Admitted; Baron dies, Wife dies, the Heir of the Wife enters, and makes a Lease, and good; this was not any discontinuance against the Wife, to put the Heir to his Plaint, in nature of a sur cui in vita. That Action is given, where Recovery by default is against the Baron and Feme, Popham 39 Bullock and Dibler.  
Copyholder pur vie Surrenders to the Use of another, 
By Copyholder for Life.  there can be no possibility of having it again, if he survive; for the Surrenderer is merely in by the Lord, and not by the Copyholder; but if a Copyholder in Fee surrender to the Use of another, for Life, who is admitted, he is in quasi by the Copyholder, and by his death the Copyholder shall have it again, Cro. Car. 204▪ King and Lord.  
Tenant for Life of a Copyhold, where the Remainder is over, may surrender to the Lord, 9 Rep. 107. Podger's Case.  
A Feme Covert and J. S. are Tenants for Life of a Copyhold, 
By joint-tenants.  and J. S. surrenders his moiety to the Husband of the Wife; this is a severance of the Jointure, so that he is Tenant in Common with his Wife, 2 Rolls Abr. 88 Lane and Panel.  
Two joint-tenants of a Copyhold, and the one surrenders his moiety into the Hands of the Lord, to the Use of his last Will, and thereby deviseth it to another; this is a good Devise, because by the Surrender the Jointure was severed between them, Co. Lit. 59 b. So if there are two joint-tenants in Fee of a Copyhold, and the one Surrenders his part out of Court, into the Hands of the Lord, to the Use of his last Will, and by his last Will afterwards deviseth it to the Use of a Stranger in Fee, and after at next Court the Surrender is presented; by the Surrender and Presentment the Jointure was severed, and the Devisee ought to be Admitted to the moiety of the Land, for now by relation the State of the Land was bound by the Surrender, Co. Lit. 59 b. Constable's Case, cited there.   

Where a Copyhold granted by a Disseisor, etc. shall be good, and stand in force against the Disseisee, and where not.  

By Disseisor, etc.  Tenant for Life, Remainder for Life of a Copyhold, the Remainder man for Life enters upon Tenant for Life in possession, and makes a Surrender; nothing at all passeth hereby; for by his Entry he is a Disseisor, and hath no customary Estate in him whereof to make a Surrender, Mod. Rep. 199. Bird and Keck.  

Of the lawful Lord, who can make Grants and admit upon Surrenders.  This diversity was unanimously agreed. If Disseisor or Feoffee of a Disseisor, or any other who has a tortuous or defeasible Estate, or Interest subject to the Action or Entry of another, hold Court, and make any voluntary Grant upon Escheat or Forfeiture of a Copyhold, such voluntary Grant shall not bind him that had right, when he shall re-continue the Manor by Action or Entry; for to this intent the said Custom shall be intended of a Lord which had a lawful Estate or Interest; but if such Lord who had a tortuous or defeasible Estate, admit any upon Surrender made to the Use of another, or give Admittance to the Heir upon a Descent, such Admittance shall be good, and within the Custom; for such acts are lawful, and quodammodo judiciales, and which he may be compelled to do in a Court of Equity, 4 Rep. 23. b. Clark and Penyfeather. So every one who had a lawful Estate or Interest in a Manor (Dom. pro Tempore) both in Fee or tail, or Dower, or by the Courtesy, or for Life, or Years, or as Guardian, or Tenant by the Statute, or Elegit, or at Will. Otherwise of Tenant at Sufferance: For if there be Tenant pur altar vie, of a Manor, and Cesty que vie dies, and the Tenant continue in the Manor, and hold Courts, and makes voluntary Grants, by Copy, this shall not bind the Lessor; aliter of Admittance upon Surrender, or upon Descent, 4 Rep. 24. Rous and Archer's Case; such Grants shall not be avoided by disability of the person, or defect of Interest, or exility of the Estate of the Lords (as at Will, sur condition, etc.) 8 Rep. 63. Swain's Case: Or whether it were granted by non compos mentis, Infant, Bishop, Parson, non sanae memoriae, etc. it is not material in Surrenders, Vide supra in Tit. Lords Grants. If a Copyhold Escheat or come into their Hands during their time, they may re-grant it, reddendum the ancient Rents, Customs and Services, and this shall bind the Lord who had the Inheritance or freehold, 4 Rep. ibid. So such Grant by Baron and Feme shall bind the Wife, notwithstanding the Coverture; So a Grant by a non compos mentis, a Bishop, Infant, and so Feme Covert, non sanae memory, Infants, Successors of Bishops, Parsons, prebend's, are bound by the said Custom, it being that the Tenements sunt dimiss. & dimissib. per Dom. Manerij pro tempore existen, etc. ibid. vide supra.   

By a Feme Covert.  
A Tenant out of Court cannot take a Surrender of a Feme Covert, for that she is secretly to be examined by the Steward, Tothil, p. 108. unless by special Custom.  

Sola & secreta examinat.  The Surrender of a Feme Covert being so le examined, shall bind her; but whether such a Surrenderer, upon her examination made before two Tenants of the Manor, such Surrenders before them, being used to be made, be good, was the Question in the Case of Erish and Rives, Mich. 41 El. B. C. and Per Cur. by special Custom to warrant it, it may be good.  
By Infant, Vide supra.  

By the Husband of the Wife's Land, Quid operatur.  Feme Tenant for Life of a Copyhold, the Reversion being granted over to B. for Life, Remainder to C. for Life, cum acciderit post mortem sursum redditionem vel forisfacturam of the Feme, and after the Husband Surrenders to the Use of B. for Life, and so he is Admitted Tenant, and after dies. In this Case C. shall not have this, because his Estate is not to commence till after the Death, Surrender, or Forfeiture of the Feme; and the Feme here is in Life and had not made any Surrender or Forfeiture, and the Wife had right in this in the nature of a plaint de cui in vita. But the Lord in this Case may retain it in his own proper hands or disposition, 
Occupant.  during the Life of the Husband, quasi an Occupant, Dyer 9 El. 264. Sect. 38.   

Surrender, to whom.  

To the Wife.  By the Husband to the Use of the Wife is good, vide supra, and 4 Rep. 29. Bunting's Case, for it is done by Surrender to the Lord and Admittance.  

To the Steward.  A Surrender made to the Steward, to the Use of the Steward, is good, for the Entry is, quod sursum reddidit in manus Domini, and the Steward is but the Lord's Servant, and the surrender is to the Lord, and not to him, Cro. El. p. 717. Erish and Rives.  
So Infant, Vide supra.   

Of Countermand of a Surrender. Where the Surrender of a Copyhold may be Countermanded by the Party himself, and what collateral Act without the assent and privity of the Party shall be a countermand, and where, and what not.  
Grant by Baron and Feme shall bind the Feme notwithstanding the Coverture: so Grant by non compos mentis, Infant, Vide supra.  
Vide supra. Where and what Grants by Lords of Manors shall be good or defeasible in respect of the Estate they had therein.  
Surrender is not Countermanded by the death of Surrenderor before Presentment, 4 Rep. 29 Bunting's Case.  
Where the Customs are not pursued, the surrenders are void, Vide sparsim, and 5 Rep. 84. Peryman's Case.  
Surrender by Steward or Deputy Steward and of pursuing their Warrants, vide Steward, supra.   

What remedy to force a Trustee to Surrender.  
A Copyholder doth surrender to the Use of one A. in Trust, 
In the Lord's Court.  that he shall hold the Land until he hath levied certain moneys, and that afterwards he shall surrender to the Use of B. The moneys are levied. A. is required to make surrender to the Use of B. he refuseth, B. exhibits a Bill to the Lord of the Manor against A. who upon hearing of the Cause Decrees against A. That he shall Surrender; he refuseth: Now the Lord may seize, and admit B. to the Copyhold, for he in such case is Chancellor in his own Court, Per totam Curiam, 1 Leon. 2. Or relief may be had in Chancery.    

CAP. XVI.  
Of Presentment. How and when to be made. How to be pursuant to the Surrender. What the Law is if Surrenderor or Cesty que use, or the customary Tenants, into whose Hands the Surrender was made, die before Presentment or Admittance. Where two Surrenders are, and the second Surrender is presented first.  

Presentment.  

No good Surrender till presented.  IF the Surrender be made out of Court into the Hands of the Lord himself, which the general Custom will warrant, or into the Hands of the Bailiff, or of two Tenants of the Manor (which is warrantable only by special Custom) there must be a true Presentment of the Surrender in Court, by the same Persons into whose Hands the Surrender was made, and the Admittance of the Lord must be according to the effect and tenor of both the Surrender and Presentment. It is not an effectual Surrender till it be presented in Court. And therefore in an Action on the Case on Assumpsit, in Consideration that the Plaintiff would surrender to the Defendant and his Heirs a Copyhold according to the Custom of the Manor, Defendant assumed to pay 500 l. and for breach of this promise the Plaintiff brings the Action and had a Verdict; but Judgement was arrested, because the Consideration on the Plaintiffs part was not performed; for the Consideration was, That he should surrender the Copyhold to the Defendant and his Heirs, and he hath alleged the surrender to be into the Hands of a Copyhold Tenant of the Manor, to Use of the Defendant, which is no surrender until it be presented at the next Court, and so it is uncertain whether it shall take effect or not, Stiles, p. 256. Shaan and Shaan.  
The Presentment by the general Custom of Manors is to be made at the next Court day, 
When to be. be made.  immediately after the surrender, but by special Custom, at the second or third day afterwards, and by Rolls in Jay's Case, Stiles 275. there is no certain time, but as the Custom is, so that it be within the Life of the Tenant, it is to be made by the same persons that took the Surrender, and in points material, according to the true tenor of the Surrender.  
But if the Surrender be conditional, 
Presentment must pursue the Surrender.  and the Presentment absolute, the Surrender, Presentment and Admittance are void, except the Steward in the entry of it omits the Condition, and upon sufficient proof made in Court of that, the Surrender shall not be avoided, but the Roll amended, and this shall be no conclusion to the Party to plead, or give in Evidence the truth of the matter, 4 Rep. 25. Kite and Quinton.  
But in May's Case, Norfolk Summer Assizes, 1663. The Custom of a Manor was for a Copyholder in extremis to surrender into one Tenants Hands in the presence of credible Witnesses, and a Surrender was made accordingly, but presented to be done to another Tenant, yet being proved to be done to a Tenant of the Manor; It was holden by Wadham Windham Justice to be good.   

Of Presentment where the Surrenderor or Surrendree, Cesty que use, or customary Tenants die before Presentment or Admittance.  

Surrenderor dies.  If one Surrender out of Court, and die before Presentment, if Presentment be made after his death, this is good, 4 Rep. 29. Bunting's Case.  

Cesty que use, dies.  If (Cesty que use) he to whose Use the Surrender is made, dyeth before Presentment, yet upon Presentment made after his death, his Heir shall be admitted, Stiles, p. 145. Barker and Denhan.  

Surrenderor and Cesty que use, both dye▪  If one Surrender out of Court, to the Use of one for Life, the Surrenderor and the Lessee for Life both die before the Presentment, yet upon Presentment made, he in Remainder shall be Admitted.  

Surrendree dies.  Surrendree dies before Admittance, his Heir may be Admitted, and if it be Burrough-English, the youngest Son, 2 Siderfin, 38, 61.  

The Tenants into whose hands the Surrender was made, die.  If the Tenant, into whose Hands the Surrender was made, die before Presentment, yet upon sufficient proof made in Court, That such a Surrender was made, the Lord shall be compelled to admit, Co. Lit. 62.  

Nothing passeth till presentment.  But nothing passeth till Presentment. Therefore T. H. was Copyholder in Fee, and surrendered out of Court into the Hands of H. B. and W. J. two Copy-holders' of the Manor, to the Use of R. W. in Fee. R. W. entered and paid the Rent to the lord T. H. who surrendered, died. H. B. and W. J. who took the Surrender are dead. The Heir of T. H. entered. R. W. reenters. Per Cur. By the Surrender into the Hands of two Tenants, nothing passed until it was presented in Court, and in the interim the Interest remains in him who made the Surrender, which Interest descended to the Heir, and the acceptance of the Rent by the hands of Cesty que use gives not any Interest unto him; and there is no Estate in Cesty que use, but an Inception, until this Surrender be presented in Court: But they held also, That it was not of necessity, that the Parties who took the Surrender should present it; and although they are dead, and the Party who made it is dead, yet (as the Custom is found) if it be presented by any other Copyholder when the Court is held, it's well enough, and he may be thereupon admitted, Cro. Jac. 403. Froswel and Welch, and so is Buntings' Case, 4 Rep. so resolved: And Cesty que use shall procure a Court to be held for his own advantage, 1 Bulst. 215. mesme Case.  
Two joint-tenants in Fee of a Copyhold, 
Cesty que use to procure a Court to be held for his own advantage.  and one surrenders his part into the Hands of the Lord, to the Use of his last Will, and after deviseth this to another in Fee, and dies, and after at the next Court this is presented, the Devisee shall have it; for now by relation the Jointure was severed, and the Estate of the Land bound by the Surrender, Constable's Case. Rolls 1 Abr. 501. So Cro. 30 Jac. Mich. Porter's Case.  
Custom for a Copyholder to Devise, and if the Will be not presented within a year and a day next after, the Devise to be void; they were several Customs, and so differ from Peyrrman's Case. Now suppose no Court be holden in that time, Carter's Rep. 71, 72, 88 Smith and Painton. It shall be presented at a Court within the year, or at next Court after the year ended, else it shall be void, 5 Rep. 84. 2 Anderson 125.  
In Perryman's Case, 5 Rep. 84. It is a Question, what remedy if the Copyholder will not present the Surrender made out of Court? the Answer is, Caveat emptor; but certainly there is good remedy in Equity, as in all Cases of trusties or Instruments of Conveyance.  
The Custom is, That it should be presented at next Court, otherwise it was void. One surrenders his Copyhold into the Hands of two Tenants out of Court, upon condition of payment of Money 25 July after to be void. After he surrenders out of Court to the Use of J. S. the Money was paid before the 25 of July. Then he surrenders to the Use of a third person before the payment. At the next Court the surrenders were presented, 
Two Surrenders, and the second Surrender presented first.  but not the first, and the Lord grants Admittances severally to these two Persons. Per Cur. The second Surrender was good, for nothing by the Surrender out of Court was divested out of him that surrendered, until the Surrender was presented, but he was absolute Owner to bring Trespass or any other Action, and then that not being presented, and the second was presented, the first Surrender was void, and the second was good, Jones 306. 1 Rol. Abr. 500 Burgis and Spurlin's Case. Cro. Car. 273, 283. mesme Case.    

CAP. XVII.  
Of Admittances upon Voluntary Grants, Surrenders, Descents. By whom Admittances upon Surrender made shall bind. In what Cases the Admittance of the one shall be the Admittance of another. Of Admittance by Attorney. Admittance where to be made. Of Admittance upon Descent: The time of Admittance. What things the Heir may do or not do before Admittance. In what Cases, and to what purposes the Copyhold Estate shall be in the Tenant, and to what purposes not. And what Leases, etc. made by them shall be good, and in what Cases the Lord shall be compellable to make Admittances, and where not.  

Of Admittances on voluntary Grants.  
NOTE, a diversity between the Heir who comes in course by Descent, and another Stranger who comes in by Surrender, and hath these words, Dominus concessit & admissus est; but when the Heir of a Copyholder is to be Admitted, he hath only these words, Et admissus est.  
Admittances are of three sorts, upon a 

Voluntary Grant.  
Surrender,  
Descent.    
As to voluntary Grants made by the Lord, in some sense he may be said to be the absolute Owner of the Land, and may dispose of it at his pleasure, yet he is bound to observe the Custom of the Manor in his Grants, neither can he alter the Estate or Tenure.  
If the Custom doth warrant an Estate to a Woman durante viduitate only, and the Lord admits for Life, this shall not bind his Heir.  

The Custom must be pursued.  So in Reservations according to the accustomable Rent, the Lord must strictly pursue it; as where he reserves 10 s. where the usual Rent was 20 s. So where the Rent has been accustomably paid at four Feasts, and the Lord reserves it at two Feasts, these are void. So if two Copy-holds Escheat to the Lord, the one of which hath been usually demised for 20 s. rent, and the other for 10 s. and he granteth them both by Copy for 30 s. it's not good.  
But in this kind of Surrender, the Lord is not considered barely as an Instrument, because he is not bound to dispose the Land but to whom he pleaseth, yet he is an Instrument in respect he is tied unto Custom; but in the other sort of Surrender he is barely an Instrument.  

Where to be made.  The Lord himself may grant or make Admittances out of the Manor, at what place he pleaseth, but so cannot the Steward, 4. Rep. 26, and 27.  

Several Tenors and several Fines.  The Lord admits, Tenenda per antiqua servitia inde prius debita, & de jure consueta. And if the Tenors are several, the Fines must be several.  
In Westwick's Case, 4 Rep. The Entry of the Roll was, Ad hanc curiam venerunt Willielmus Westwick & Johanna Uxor ejus & ceperunt de Domino Tenementa praed. cum pertin. in quibus, etc. prefat. Willielmo Westwick & Johannae Uxori ejus Tenend. eisdem Willielmo & Johannae & haeredibus suis, etc. When the Surrender was to the Use of William Westwick in Fee, yet the Admittance shall enure only to the Husband, 
The Admittance must be pursuant to the Surrender.  for the Lord can but make Admittance secundum formam & offectum sursum redditionis, de quo vide in Cap. Surrenders.  
Cesty que use cannot surrender before Admittance and the Entry of the Surrenderer doth not make an Admittance, it being entered thus, Compertum est per homagium, etc. and not as its usual, dat. Domino de fine & fecit fidelitatem & admissus est inde tenens, at the end of Popham p. 127, 128. Rawlinson and Green.   

Of Admittances upon Surrender.  
The nature of it will be Explained by two or three Rules.  
I. The surrender of a Copyhold to J. S. hath no effect till J. S. be admitted Tenant; 
Till admission the Tenant hath no Estate.  therefore if J. S. before he is admitted, surrenders to J. B. who is admitted; this avails nothing to J. B. for J. S. himself had nothing, and so can pass nothing, and the Admittance of his Grantee shall not be taken by implication as Admittance to himself, for the Admittance ought to be of a Tenant certainly known to the Steward, and entered in a Roll by itself, and in such case the Right and Possession remains still in him who surrendered, and descends to his Heir; he to whom the Copyhold is surrendered, comes in as a Purchaser, and his Copy is his Evidence by the Custom, and till he is admitted, he can be no customary Tenant, and therefore can transfer no right to another, Yeluerton 145. Wilson and Weddel. 1 Brownlow 143. Aliter in Case of Descent, Vide infra. The Admittance of a Copyholder is compared to the Induction to a Benefice, which gives Possession. At the end of Popham, p. 127, 121. Rawlinson and Green, That Case was, Copyholder surrendered his Copyhold Estate to the Use of another, which was presented at next Court, and found by the Homage, and he to whose Use the Surrender was made, was there in Court accepted by the Steward, and a Copy by him granted unto him; afterwards he to whose Use this Surrender was made, surrenders the same again to the Use of another, which was presented, and a Copy granted to him, and he accepted as a Copyhold Tenant, but no Admittance Entered, as Cepit de Dom. & admissus est inde tenens, etc. Per Cur. He to whom the first Surrender was made, had no Estate in him before Admittance, and whether and how far he might transfer this Interest, Curia dubitav. and whether what was done to the second Surrendree is not an assent by the Lord to the first Surrenderer? It was granted, That if the Steward accepted a Fine as of a Copyholder, it amounted to an Admittance, 3 Bulstr. 237. mesme Case.  
II. Surrenders of Copy-holds are not to be likened to Surrenders at Common Law; for if a Copyholder in Fee surrenders to the Use of another for Life, nothing more passeth out of him than shall serve the Estate limited to the Use, and he which made the Surrender shall not pay any Fine for re-Admittance to the Reversion, for this continues always in him, 9 Rep. 107. Margaret Podgers Case.  
III. The Lord hath a bare customary power to admit secundum formam & effectum sursum reddit. Therefore if there be any variance between the Admittance and Surrender, either in the Person or the Estate, or in the Tenure, its void, etc. The Lord doth only transfer an Estate according to the Surrender. 

Where the Lords Admittance of a Copyholder, in other manner than agrees to the Surrender shall be good, and how it shall be construed and enure.  
Admittances as to Limitations, altar not the Estate, for he is in by force of the Surrender.   If J. surrender to the Use of J. S. and the Lord admits J. N. this Admittance is wholly void, and yet the Lord may afterwards admit J. S. according to his Authority; but had he admitted J. S. and J. N. jointly, than the Admittance had been void for the one, and good for the other, Co. Cop. 127.  
If a man surrender to the Use of J. S. and J. D. for their Lives, the Remainder over to another; and J. S. and J. D. are admitted in Fee, yet this doth not alter their Estate, but they shall be seized according to the Surrender, 1 Rolls Rep. 317. Lane and Panel.  
Surrender is upon Condition, the Presentment is absolute, and the Admittance is absolute; the Presentment was void: But the Surrenderors Release to Cesty que use shall make his Estate good, Vide supra, 4 Rep. Keit and Quinton.  
If the Lord after Surrender grants to Cesty que use, and to Stranger, all shall enure to Cesty que use; or if he admit the Cesty que use upon a Condition, the Condition is void, for after Admittance he is in by him that made the Surrender. So if a Copyholder surrender to the use of another, pur vie, and the Lord admit him, to hold to him and his Heirs, yet Cesty que use had but an Estate for Life, for he is in after Admittance by force of the Surrender, 4 Rep. Westwick and Wier.  
Note, A Copyhold Estate cannot be surrendered to another by an Attorney, without Deed, but one may be admitted to a Copyhold Estate, by Attorney, without Deed, Stiles Pract. Reg. 74.   

By whom Admittance upon Surrender may be made and shall bind.  

By those that have defeasible Titles.  Admittances made by Disseisors, Abators, Intruders, Tenant at sufferance, or others, who have defeizable Titles, are good against them who have Right, because these are lawful Acts, and they were compellable to do the same, Co. Lit. 58. b.  
If Disseisor of a Manor accept a Surrender of a Copyhold of Inheritance to the Use of another and his Heirs, and he admits Cesty que use accordingly; this is good, and shall bind the Disseisee, p. 40 Eliz. B. R. Martin and Rieve, 4 Rep. 24.  
If A. Copyholder for Life surrender to the Disseisor of a Manor, to the Use of another, for the Life of A. and the Disseisor admits him accordingly; this shall bind the Disseisee, ibid. Martin's Case: But without Admittance it shall not bind.  

Surrender by Dom. pro tempore, and his Estate determines before Admittance.  If the Lord pro tempore of a Copyhold Manor be Lessee for Life, or for Years, Guardian, or any who had particular Interest; or Tenant at will of a Manor, accept a Surrender, and after, before Admittance, the Lessee for Life dies, or the Years, Interest, or Custody or the Will is determined, although the next Lord comes in paramount the Lease for Life, or for years, the Custody, or the particular Interest or Tenancy at Will, yet he shall be compelled to make Admittance according to the Surrender, 17 Jac. Lord Arundel's Case, Co. Lit. 59 b. Trin. 1 Jac. Rot. 854. Shopland and Ridler.  

By the Deputies Servant admitting, no Judicial Act.  The Deputy of a Steward, commands H. his Servant to keep Court, and grant Land and Admit, Per Cur. it is good; for the taking a Surrender, granting Lands by Copy, admitting a Copyholder, is not any judicial Act, for there need not be any Suitors there, who are Judges, 1 Leon. 288. Lord Dacres' Case.   

What amounts to an Admittance.  
If a Copyholder in Fee surrender to the Use of another, 
Cesty que use surrenders to another.  and after at another Court he to whose Use the Surrender was, surrenders the Land to the Use of another; this shall enure as an Admittance upon the first Surrender, and after a Surrender; for by the acceptance of the Surrender, he is admitted Tenant, 
Acceptance of a Surrender.  1 Rolls Abr. 505. Calchin's Case, 3 Bulst. 230. mesme Case.  
If a Copyholder surrender to the Use of another, 
Acceptance of Rent.  and after the Lord having knowledge of this, accepts the Rent of Cesty que use out of Court, this is an Admittance in Law, Rolls 1 Abr. 505. Freswel and Welch.  
If the two Tenants into whose Hands the Surrender was, pay the Rent to the Lord, yet his acceptance shall not amount to an Admittance; but if he had alleged the payment of the Rent, and acceptance of it by the Lord, as of his Copyholder; this would have amounted to a good Admittance of him, 3 Bulstr. 215. mesme Case.  
Any act to imply the consent of the Lord to the Surrender, 
What acts or words by the Lord amount to an Admittance.  it shall be a good Admittance; the Presentment by the Homage doth not make an Admittance; the acceptance by the Steward of the Presentment, is no Admittance, Bridgman Rep. 82. Robinson and Groves.  
Copyholder surrenders his Estate to the Use of J. S. who again surrenders the same to the Use of J. N. this is good, vide supra; Or in such case, if the Lord meet J. N. and saith to him, Such a Surrender is made to your Use, to which I agree, or am content; this saying amounts to a good Admittance, 3 Bulstr. 230. Elken's Case 215, 216.  
If the Steward accept a Fine as of a Copyholder, it amounts to an Admittance; granted in Rawlinson and Green's Case, 3 Bulstr. 237.   

In what Cases the Admittance of one shall be the Admittance of another.  
If a Copyholder surrender to the Use of one for Life, the Remainder to another, the Admittance of Tenant for Life is Admittance for him in Remainder also, for that they are but one Estate, and but one Fine is due for both, 4 Rep. 22, 23. Fither's Case. Aliter of him in Reversion, More, n. 488. del and Higden. He in Remainder after a Tenant for Life, who was admitted, surrenders to the Use of a Stranger in the Life-time of Tenant pur vie, and good, Cro. Jac. 31. Auncelm's Case: But such Admittance of Tenant for Life, shall not prejudice the Lord of his Fee due by the Custom, 4 Rep. Brown's Case, 22, 23. Foxton and Colston. But in Hippin and Bunner's Case, Popham thought only one Fine to be due upon such surrender, which the Tenant for Life shall pay before his Admittance, except there be especial Custom that two Fines shall be due, Cro. Eliz. 504.  
The Admittance of Tenant for Life, or Years, shall be an Admission of all in Remainder, Per Hales, and there is no inconvenience in it; for Fines are to be paid by the particular Remainder, except a Fine be assessed for the whole Estate, and then there is an end of the Business. The Estate is bound by the Surrender and shall go to them in Remainder, Mod. Rep. and 3 Keb. 29. Blackburn and Greves.  
A Copyholder Surrenders to the Use of several Persons for years, successive, the Remainder in Fee to J. S. an Admittance of a particular Tenant is an Admittance of all the Remainders to all purposes, but only the Lords Fine; and the Possession of Lessee for years is the Possession of him in Remainder, ibid. so as to make a Possessio Fratris, and the Sister of the whole Blood shall have it before a Brother of the second Venture.   

Admittance by Attorney.  
The Lord may refuse to admit by Attorney him to whose Use a Surrender was made, for that he ought to do Fealty, which he cannot do by Attorney. 9 Rep. 76. Comb's Case. Yet if the Lord will admit him by Attorney, its good, ibid.  
A Copyholder surrendered to the Use of his last Will, and devised the Lands to his youngest Son, in Fee: The youngest Son being in Prison, makes a Letter of Attorney to one to be admitted to the Land in the Lord's Court, in his room, and also after Admittance to surrender the same to the Use of B. and his Heirs, to whom he had sold it for the payment of his Debts; by two Judges, it's not a good Surrender.  
Admittance of an Heir is good by Prochein Amy, 
By Prochein Amy.  for by such Admittance he is to do corporal Service, which cannot be done but in person, and yet it hath been adjudged good, the Heir consenting; but otherwise 2 Siderfin 37, 61, Blunt and Clark, 4 Rep. Brown and Clerk's Case.  
The Case was, Copyholder surrenders to the Use of J. S. and his Heirs, Proviso, That if the Copyholder pay eight hundred pounds, at such a day, the Surrender shall be void. J. S. dies before the day, not being admitted, and his Heir beyond Sea. A Neighbour comes and is admitted in the name of the Heir, the Heir comes back and brings Ejectment, Per Cur. It's a good Admittance, for a Consent subsequent is as strong as an Authority precedent in this Case, and the Heir affirms his Admission. And if a Surrender (Per Glyn) be to the Use of J. S. and J. N. is admitted and J. S. consents, it's a good Admittance.   

Admittance, where to be made.  
The Lord of the Manor may make Admittance out of the Manor also, Co. Lit. 61. b.  
The Steward of the Manor may admit upon a Surrender out of Court, as well as in Court, 4 Rep. 26, 27. Freswel and Welch.   

Admittances upon Descent.  
The diversity between Admittance upon Surrender, and Admittance upon Descent lies.  
In Admittance upon Surrender, nothing is vested in the Grantee before Admittance, no more than in voluntary Grants, but in Admittance upon Descents the Heir is Tenant by Copy immediately upon the death of his Ancestor.   

The time of Admittance.  
There is thirty years between the death of the Father, 
Excuse.  and the Heirs not being admitted who made a Lease: Per Cur. this is supina negligentia, and shall disable his Person to make any Demise, but the Lessor at the time of the death of his Ancestor was two years of age, and that after his full age, no Court had been holden for a long time, and that at the first Court lately he prayed to be admitted, and the Steward refused him. And Per Cur. this is a good excuse, 1 Leon. 100 Rumny and Eves.  
If a Copyholder dyeth, 
When the Heir must pray to be admitted.  his Heir within age, he is not bound to come at any Court, during his nonage, to pray Admission, or to tender his Fine; also if the death of the Ancestor is not Presented, nor Proclamations made, he is not at any mischief, although he be of full Age, ibid.   

What things the Heir way do or not before Admittance.  
Upon the death of the Ancestor he may enter upon the Land before Admittance; he may take the Profits, punish any Trespass done upon the Land, 4 Rep. 21. Brown's Case, and 23 Fitch and Huckly.  
He may before Admittance surrender to whose Use he pleaseth, paying the Lord his Fine.  
The Lord may avow upon him before Admittance, for arrears of Rents or other Services.  
If Baron and Feme Copy-holders' to them and to the Heirs of the Husband are, and the Husband dies, the Heir of the Husband may surrender his Reversion into the hands of two Tenants of the Manor, out of Court, before any Admittance, during the Life of the Wife, and this is a good Surrender, for the Reversion was cast upon him before any Admittance, Calchin's Case, 1 Rolls Abr. 499.  

Possessio Fratris before Admittance.  There shall be a possessio fratris before Admittance; for if a Copyholder in Fee have Issue a Son and a Daughter by one Venture, and a Son by another Venture; 
What makes a Possession or not for that purpose.  and his Son by the first Venture enter into the Land and dyeth before Admittance, the Daughter shall Inherit as Heir to her Brother, and not the Son by the second Venture as Heir to his Father. And sometimes the Possession of a Termor, without any actual Entry or Claim made by the Heir, will make a possessio fratris; as if the Copyholder by Licence of the Lord, maketh a Lease for years, and dyeth, and the Son of the first Venture dyeth before the expiration of the Term, being neither admitted, nor having made any actual Entry or Claim; yet this Possession of the Lessee is sufficient, and the Reversion shall descend to the Daughter of the first Venture, and not to the Son of the second Venture; but if the Lease had determined, the Son living by the first Venture, and afterwards he had died before any actual Entry made, the Law would have fallen out otherwise, because there was a time when he might have lawfully entered. The same Law was as to the possession of a Guardian.  

Heir before Admittance, is not a complete Tenant to all purposes.  But yet the Heir before Admittance, is not a complete Tenant to all intents and purposes, for before that he cannot be sworn of the Homage, and he cannot maintain a Pleint, in the nature of an Assize, in the Lord's Court, till he is admitted, Co. Cop.  
As there may be possessio fratris, etc. before the Heirs Admittance, so there may be a Tenant by the Courtesy, (Dyer, f. 292.) before Admittance of the Feme, More, n. 425.  
By Hales, in the Case of Blackburn and Greaves, Modern Rep. 120. If a Surrender be to the Use of A. for Life, the Remainder to his eldest Son, etc. or to the Use of A. and his Heirs, and then A. dies, the Estate is in the Son, without Admittance, whether he takes by Purchase or Descent.  
One seized of a Copyhold Tenement in right of his Wife, in his Demesn, as of Fee; surrenders this Copyhold Tenement without his Wife, to the Use of a Stranger in Fee, who was admitted by the Lord accordingly; Husband dies, and Wife dies, the Heir of the Wife without Admittance enters on the Stranger, and made a Lease, and good, Popham 39 Bullock and Dibler: This is no such discontinuance against the Heir, as to put the Heir to a Plaint in the nature of a cui in vita; it's no more than a Grant which passeth no more than his own Estate, and the Heir may intermeddle with the Possession before Admittance.  
Upon a Custom to surrender to two Copy-holders' out of Court, 

Surrender to the Heir (as a Copyhold Tenant) is good before Admittance.  
Heir may enter and have Trespass before Admittance.   a Surrender to the Heir of a Copyholder before Admittance, is good, 1 Keb. 25. Munifas and Baker.  
Copyholder dies, the Lord admits a Stranger, the Heir may enter, and upon reentry, maintain a Trespass without Admittance, Noy, p. 172. Simpson and Gillion.  
He shall have Trespass, and this before his Admittance upon Descent, 2 H. 4.12. Pl. 49. 4 Rep. 23. b. Cro. El. 349. Berry and Green.  

When the Heir shall be in by Purchase and not by descent.  If a Copyholder of Inheritance surrender this to the Use of another, and his Heirs, and he to whom the Surrender is made, dies before Admittance, and after the Lord admits his Heir, he shall be in by Purchase, and not by Descent, for he is in by the Lord, for nothing was in his Father by the Surrender before Admittance, 1 Rolls Abr. 827. More's Case.   

Where there needs no Admittance.  
In the Cases of the Heir per Descent, Vide supra.  

When one comes in as of an old Estate.  A. surrenders Copyhold into the hands of the Lord, and the Lord de novo regrants the same to A. for Life, and afterwards to J. his Wife, during the nonage of the Son and Heir of A. and after to the Son and Heir in Tayl. A. dies, the Child being 5 years old: Now the Wife is to have the said Lands for 16 years, by force of the said Surrender and Admittance. The Wife took another Husband and died. Per Cur. The Husband shall have the Land during the nonage of the Infant, and that without any Admittance, for that he is not in of any new Estate, but in the Estate of his Wife, as Assignee, 3 Leon. p. 9 Dedicot's Case.  
If a Copyholder be for years, and maketh his Executors, 
Executors.  and dyeth, the Executors shall have the Term without any Admittance, Sed Quaere, for Weston in this point was against Dyer and Brown.  

joint-tenants Release.  One Joynt-Copy-holder released to his Companion, and it was resolved, That the Release was good without Surrender or Admittance, for the first Admittance is of them, and every of them, and the ability to Release was from the first Conveyance and Admittance, Winch, p. 3. Wase and Pretty.   

In what Cases and to what purposes the Copyhold, Estate shall be in the Tenant before Admittance, and to what purposes not, and what Leases made by them shall be good.  
Upon Surrender nothing is vested in the Grantee before Admittance. Vide supra.  
The Copyholder upon Surrender (if the Lord refuse to admit him, 
He who makes the Surrender continues in possession till Admittance. ) cannot enter without Admittance, nor have an Action, unless there be a special Custom to warrant it; for he who makes the Surrender continues in possession till Admittance, and not the Lord, or Cesty que use, and he shall have Trespass against any that enters, Cro. El. 349. Berry and Green.  
If by the Custom of the Manor, the Copyhold ought to descend to the youngest Son, and the Copyholder in Fee surrender this to the Use of himself and his Heirs, and dies, before any Admittance upon the Surrender, and the youngest Son first enters, the eldest may not justify his entrance upon him before Admittance, 1 Rolls Abr. 502.  
If a Copyholder surrendreth to the Use of one for Life, who is admitted and dyeth; 
He in Reversion.  he in the Reversion may enter without a new Admittance; and therefore H. B. being seized of Copyhold Land in Fee, and having Issue three Sons, G. H. and J. he surrenders it to the Use of his last Will, and thereby devised it to his Wife for Life, the Remainder to H. and the Heirs of his Body; the Wife died after Admittance, Henry dies without Issue. G. may enter, and Admittance for him is not necessary, 1 Leon. p. 174. Bullen and Grant.  
If customary Lands do descend to the youngest Son by Custom, and he enters, and leaseth to another, who takes the Profits, and after is Ejected; He shall have an Ejectione Firmae, without any Admittance of his Lessor or Presentment that he is Heir, 1 Leon. p. 100 Rumny and Eves.  

Feme to her Free-Bench, the Freehold of the Copyhold being granted over.  The Custom of Free Bench, was, durante viduitate si tam diu casta vixerit, the Wife after the death of her Husband comes into Court, and challenged her Right of Free Bench, and prayed to be admitted, and the Steward refused, and she made a Lease for one year to the Plaintiff, and if he might bring an Action by reason the Woman was not admitted, was the Question, (for it was agreed no Fine was due to the lord) Per Cur. If the Freehold of the Copyhold be granted over, and the Husband dies, 
Admittance in Law.  there cannot be Admittance in that Case, and yet she may enter: And in this case she hath done all she could for Admittance; and it is an Admittance in Law, to an Estate created by Custom, and by act of God and Law. Continual Claim amounts to an Entry, Hutton, p. 18. Jordan and Stone. In this Case after the death of the Husband, the Law casts the Estate upon the Wife before Admittance, and she may make a Lease for years, as any other Copy-Holder may, mesme Case, 1 Rolls Abr. 592.  

Steward will not admit Cesty que use. He enters and takes the Profits; Lord brings Ejectment; the Defendant shall plead not Guilty.  If a Copyholder Surrender to a Stranger, and the Steward will not admit him, and the Stranger enters and occupies the Land, if the Lord Lease to a Stranger to try the Title, he to whom the Surrender was made (although he be not admitted) may well plead not Guilty, and it shall be found for him against the Lord. In the Case of Arnold and George, Yelv. p. 16. agreed by the four Judges: Yet Quaere, for how can the Stranger make a Title to the Profits without Admittance? But perhaps the reason was, That the Lord seemed to be particeps criminis, for it may be intended he would not suffer the Steward to admit the Defendant.  
She who hath a Widow's Estate, shall make a Lease before Admittance, for the Law vested the Estate in her, and there is no Fine due to the Lord, Noy, p. _____. Remington and Cole.  
Husband enters into the Lands in right of the Wife, before Admittance, 
Entry of the Husband in Right of the Wife, and Lease by him before Admittance.  and the Wife dies before Admittance, yet his Lease shall be good, 1 Anderson 192. Ewer and Astwick, in More, n. 425. mesme Case. If by the Entry of the Husband without Admittance of the Wife, he should be Tenant by the Courtesy, and resolved he shall.   

In what Cases the Lord shall be compelled to make Admittances, and how, and in what not.  
If the Lord of the Manor for the time being, be Lessee for Life, or Years, Guardian, or any that hath any particular Interest, or Tenant at Will of a Manor (all which are accounted in Law Domini pro tempore) do take a Surrender into his hands, and before Admittance the Lessee for Life dieth, or the Years, Interest or Custody do end or determine, or the Will is determined, though the Lord cometh in above the Lease for Life or years, or other the particular Tenancies, yet shall he be compelled to make Admittances according to the Surrender, Co. Lit. 59 b. Earl of Arundel's Case.  

Action on Case by the Surrenderor, but not by Cesty que use.  It was resolved in Gallaway's Case, 26 El. The Party that made the Surrender may have Action on the Case against the Lord, for not holding his Court, and admitting him to whose Use the Surrender was made, but Cesty que use cannot.  

Chancery.  Chancery will compel the Lord to admit a Tenant, Tothil, p. 65.  
Custom was, That a Copyholder for Life should name his Successor for Life, and to compound with the Lord; if he cannot compound, than the Homage to assess the Fine; he tenders it, the Lord refuseth to admit, Action on the Case lies not against the Lord, and he that is nominated hath not any Interest therein, but he may compel him in Chancery, Cro. Jac. 368. 
He that hath no Interest (as a Nominee) shall have no Action sur Case.  Ford and Hoskins, 1 Rolls Rep. 125, 195. ibid. 2 Bulstr. 236. mesme Case. The Nominee hath neither jus in re, nor jus ad rem, he hath a nomination only, which is matter merely in Equity; he hath neither damnum, nor injuriam here, because he hath no Interest.  
Littera Attornatu ad sursum reddend. tenmenta Custumaria sursum redditio & admissio, Co. Ent. 576.    

CAP. XVIII.  
Of Fines. Fines certain. Uncertain. Upon Descent and Purchase. Of Fine Excessive. What Customs are good as to payment of Fines. Of Fines as to Admittances to Reversions or Remainders. What refusal to pay a Fine shall be a Forfeiture or not. How the Lord shall recover his Fine.  

Fines.  
FInes due to the Lord upon Admittance are not to be paid till Admittance, either upon a Surrender or Descent; for Admittance is the cause of the Fine, and the Parties being Admitted, entitles the Lord to the Fine, 4 Rep. 28. Sand's Case and Bacon's Case. Though sometimes they are certain, and by some Customs uncertain, yet they ought to be reasonable.   

Of Fines certain.  
It was the Opinion of Richardson Chief Justice, There is scarce a Copyholder in England but the Fines are uncertain; for (saith he) If the Rolls make it appear that at any time a greater and lesser sum was paid for a Fine, this makes the Fine uncertain; the ordinary course to search it is by Bill in Chancery, Lit. Rep. 252. It was but his private Opinion, for Fines are certain in great numbers of Manors: And I suppose he means as to Evidence; for in the Case of Allen and Abraham, 2 Bulst. 32. there is diversity between proof in case of Descents and Purchase: The Case was this. Upon not Guilty in Ejectment, the matter upon the issue was about the Custom of a Copyhold Manor, whether the Copy-holders' upon their Admittances have used to pay Fines uncertain at the will of the Lord, or certain, i. e. the value of two years' Rent? To prove the Fines uncertain, 
Evidence to prove uncertainty of Fines.  the Plaintiff shown divers Court Rolls of Admittances upon Surrenders, and that the Fines taken by the Lord were not certain, but sometimes one, sometimes another: Per Curiam, To prove a Custom for uncertainty of Fines, and not to be certain two years' Rent, there ought to be showed Court Rolls, 
Fines upon Descent and Purchase.  and that in Cases of Descents; and that upon such Admittances, they used to pay two years' Rent, the proof ought to be in case of Descents; for in case of a Surrender or Purchase, the Lord may take what Fine he will: But such Fines are no proof to prove the taking uncertain Fines by the Custom, but the same aught to be in cases of Descents.   

Of Fines reasonable.  

Excessive Fines how to be determined.  But where the Fines are uncertain, yet the Lord cannot exact excessive Fines; and if the Copyholder deny to pay it, it shall be determined by the Opinion of the Judges before whom the matter depends, Hubbard and Hamon's Case, cited 1 Brownl. 186.4. Rep. 27. mesme Case, Co. Lit. 59, 60. To this purpose is Denny and Lemon's Case, Hobart, p. 135.  
Copyholder brought Trespass against his Lord. Defendant pleads he had admitted the Copyholder, and had assessed a Fine of twenty Nobles, and had appointed him to pay it to his Bailiff, at his House within the Manor three Months after, and alleged he had not paid it. The Plaintiff demurs, 
Whether in pleading the reasonableness of the Fine must be averred.  for that the Lord had not averred the Fine was reasonable. But Per Cur. the Lord is not bound to aver it, but it must come on the Copy-holders' side, to show the circumstances of the Case, to make it appear to the Court to be unreasonable, and so to put it upon the Judgement of the Court; for the Fine in Law is arbitrary, and is due to the Lord of common Right, and it is only in point of excuse to the Tenant, if it be unreasonable, and the Court shall judge the unreasonableness of it. The Copyholder if he be Defendant, may plead not Guilty, and then it shall come in Evidence whether the Fine were reasonable or not; and so is the Opinion of my Lord Coke, Comment upon Lit. Sect. 74. The reasonableness (saith he) shall be discussed by the Justices upon the true circumstances of the case appearing unto them, and if the Court where the Cause dependeth, adjudgeth the Fine exacted unreasonable, then is not the Copyholder compellable to pay it, for all excessiveness is abhorred in the Law.  
It was argued in Wheeler and Honour's Case, That all Fines are reasonable, unless the contrary appear, 1 Keb. 154.   

What Customs are good as to payment of Fines.  
Of Fines due by the Copyholder to the Lord, some be by change or alteration of the Lord, and some by change or alteration of the Tenant.  
If the Fine be due by the alteration of the Lord, such alteration must be by act of God; 
Fines due by the alteration of the Lord.  for if the Lord do allege a Custom within his Manor, to have a Fine of every one of his Copy-holders', at the alteration or change of the Lord of the Manor, be it by alienation, demise, death, or otherwise, this Custom is against the Law, as to the change of the Lord by the act of the Party, for by that means the Copy-holders' should be oppressed, by the multitudes of Fines by the Lords own act, but when the change groweth by the act of God, there the Custom is good, 
By the act of God.  as by the death of the Lord, Co. Lit. 59 b.  

Due by the alteration of the Tenant.  But it is a good Custom that the Copyholder had used to pay a Fine upon every alteration of the Tenant, either by the act of God, or by the act of the Party, Co. Lit. 59 b. Armstrong's Case.  
The Fine is to be assessed by the Lord.  

The Fine by whom to be assessed.  But in some places the Custom is, That the succeeding Copyholder shall compound with the Lord for his Fine, and if he cannot compound, than the Homage of the Manor shall assess the Fine, as was the Case of Ford and Hoskins, Cro. Jac. 368.  

Custom not to pay a Fine till full Age.  The Custom is not to pay a Fine till one come to Age; it's a good Custom, 3 Keb. 90. agreed to in Champion and Atkinson's Case.   

Fines as to Admittances to Reversions or Remainders.  
Copyholder in Fee surrenders to the Use of another for Life; when Lessee dies he shall not pay a Fine for his Admittance to the Reversion, for this continues always in him, 2 Rep. 107. Margaret Podger's Case.  
If Copyholder in Fee surrender to the Use of one for Life, the Remainder to another for Life, the Remainder to another in Fee, there is but one Fine due; for the particular Estate and the Remainders are but one Estate, 1 Rolls Abr. 505.   

What refusal to pay a Fine shall be a Forfeiture or not.  
If the Fine be uncertain, 
Notice to be given if the Fines be uncertain.  notice must be given before there be a Forfeiture; aliter, if the Fine be certain; but yet Denny and Lemon's Case is good Law: Time and place must be ascertained, and refusal must be proved, 1 Keb. 154. 4 Rep. 27, 28.  
The Lord assesseth a Fine of 12 l. to be paid by a Copyholder, 
Tendering the Fine certain though not the Fine assessed is no forfeiture.  and appoints it to be paid at his Capital Message of the Manor, three Months after, and the Copyholder pretending the Fine to be certain, viz. two years' Quitrent, offered at the day of assessing the Fine, according to the Rent for two years, but at the day appointed for the payment thereof, cometh not thither to excuse his nonpayment, nor makes any other refusal. Per Cur. this is in Law a forfeiture of his Copyhold; but if he had come at the day assigned him for the payment, and had then tendered the two years' Quitrent, being the Fine certain, (though not the Fine assessed,) it had been no forfeiture, Cro. Jac. p. 617. Gardner and Norman.  
It is adjudged in the Case of Dalton and Hammond, More, n. 851. If the Fine be certain, the Tenant is to bring it with him to the Court, and pay it before Admittance; and if he be not ready to pay it, it's a Forfeiture; aliter of the refusal to pay an excessive Fine.  
Where a Copyholder hath divers several Lands, 
For every several Tenure, several Fines.  severally holden by several Services by Copy, there the Lord may assess and demand Fines severally, for every parcel which is so severally held; for the Tenant may refuse to pay a Fine for the one, and so forfeit this, and yet pay the Fines for the others; and for every several Tenure the Lord ought to demand and assess a several Fine, as in Tavernor and Cromwel's Case, 4 Rep. 28. Hobart and Hamond's Case.   

How the Lord recover his Fine.  

Debt.  Debt lies for a Fine against the Copyholder by the Lord, Siderfin, p. 58. agreed in the Case of Wheeler and Honor.  

Copyholder, Heir waves the possession.  If Copyholder in Fee dies where the Fine is certain, and the Heir waves the possession and refuseth to be admitted, it seems the Lord shall not have an Action of Debt against him; and yet some hold he may not wave the possession, because being Inheritance, Interest descends, and for this reason praecipe quod reddat lies against the Heir at Common Law before his Entry, Siderfin, p. 58. Wheeler and Honor.  
Pled. Vide Presidents, infra.  
Custom quod Dominus habeat rationabilem finem pro admissione, Co. Ent. 646. 13 Rep. 1.    

CAP. XIX.  
Of the Entayling of Copyhold Estates. The different Opinion of the Judges, with an Abstract of the Reasons and Arguments how Copy-holds are or may be Entailed, and the Law settled as to that Point. How such Copyhold Entayls may be barred or docked. And what acts of Tenant Copyholder in tail, etc. shall amount to a Discontinuance or not.  

Of Copyhold Estates being Entailed.  
AS to Copyhold Lands being Entailed, whether there be any such Estate tail by any particular Custom to be allowed, and how such Entayls arose, it hath been vexatio quaestio. This Question hath been curiously debated in our Books, and therefore I shall be the larger upon it.  
It is clear, That the Statute de donis per se doth not create an Estate tail in a Copyhold, 9 Rep. 105. the Case of Thornton and Lucas, there cited; for the Statute de donis doth not extend to such base Estates at will.  
The Question is, if the Statute may co-opperate with the Custom as to make an Estate Tayl. Coke in the Case of Warn and Sawyer, 1 Rolls Rep. 48. cited one Haslerick and Gray's Case to be so adjudged; and in one Hills Case a Custom was pleaded that a Copyhold might be granted to one and the Heirs of his Body, with remainder over; but (saith he) we of the other side durst not hazard the matter upon this, but we devised a Plea, That there was another Custom there, that if a Tenant in tail alien, this shall be a bar to the Remainder; and upon issue that Custom was found; for it was agreed, Per totam Curiam, That if an Estate tail may be of a Copyhold by Custom, that by a Custom it may be docked and destroyed.  
It hath been often moved in our Books, When a Copyholder in Fee surrenders to the Use of one in tail, there being no Custom to warrant such an entail, whether it be an Estate tail, by the Statute of De donis conditionalibus; or a Fee-simple conditional at the Common Law. This point is well argued and settled in Rowden and Malster's Case, Cro. Car. p. 42. 
Copyhold cannot be Entailed within the Statute de donis.  Yeluerton held, That it was an Estate tail by the Equity and intent of the Statute de donis, but Hutton, Harvy and Croke, That it was not an entail, but a Fee-simple conditional at Common Law. 1. Because it would be prejudicial to Lords, for by this means the tenure would be altered, for the Donee in tail without a special reservation, aught to hold of the Donor, by the same Services that the Donor holdeth over, and he who comes in by Surrender and the Admittance of the Lord, to hold to him and the Heirs of his Body, cannot hold of him who surrendered, but shall hold of the Lord, and is Tenant at will unto him, and shall do the Services unto him as Lord. 2. In respect of the baseness of their Estate, the Statute never intended to provide remedy for them nor their Alienations; for the words of the Statute are, Quod voluntas donatoris in Charta sua manifeste expressa de caetero observetur, which proveth that the intent of the makers of the Statute was, That no Hereditament should be entailed within this Statute, but such as either was or might be given by Charter or Deed, and other Reasons out of the words of the Statute, Carters Rep. 8. But Copy-holds are no such Hereditaments, and therefore not within the meaning of the Act. 3. If Copy-holds might be Entailed, than the perpetuity of such Estates might be maintained, for a Fine cannot be levied of Copyhold Lands to bar the entail, nor can a Recovery in value be intended of such an Estate where warranty cannot be annexed to it. Ceo reason come jeo pense ne vault rien pas. Car est agree per touts que poet estre docked per recovery en curia deal Baron, Vide apres. They held also, That neither Estate tail, nor Estate after possibility of issue extinct (which had a necessary dependence upon an Estate tail) can by any particular Custom be allowed. Cave Lecteur; for it's agreed by all, That a Custom co-operating with the Statute may create an Estate Tayl. Observe Plowden in Manxel's Case is no Law, 2 Rolls Rep. 383. mesme Case  
Co. Lit. 60. As there may be an Estate tail by Custom with the co-operation of the Statute of W. 2. Cap. 1. So may he have a Formedon in discender, i. e. a Writing in the nature of a Formedon in Descender, in the Lord's Court: But as the Statute without a Custom extendeth not to Copy-holds, so a Custom without the Statute cannot create an Estate Tayl. Now it is not a sufficient proof, that Lands have been granted in tail; for albeit Lands have anciently and usually been granted by Copy to many men and to the Heirs of their Bodies, that may be a Fee-simple conditional, as it was at the Common Law; but if a Remainder hath been limited over such Estates and enjoyed, or if the Issues in tail have avoided the alienation of the Ancestor, or if they have recovered the same in Writs of Formedon in the Discender; these, and such like, are proofs of an Estate tail: But if by Custom Copyhold may be Entailed, the same by like Custom may be cut off, Blow. Com. 240.  
This was the first Opinion, and by Clench and Gaudy agreed to in Grovener's Case, Popham 32. The other Opinion is, That an Estate is wrought out by the Equity of the Statute de donis, for otherwise it cannot be that there should be any Estate Tail of Copyhold Land; for by Usage it cannot be maintained, because that no Estate tail was known in Law before this Statute; and after this Statute it cannot be by Usage, because this is within the time of limitation, aftet which an Usage cannot make a Prescription, for a Custom cannot be made after the Statute de donis. And it appeareth by Littleton and Brook, That a Plaint lies of Copyhold Land, in the nature of a Formedon in Discender at Common Law, and therefore the Statue helps them for their remedy for Entailed Lands, which is but customary by Equity; and if the Action shall be given by Equity for this Land, why shall not the Statute by Equity work to make it an Estate tail also of this nature of the Land? Popham's Rep. 33. Gravenor and Brooks; so Bullen and Grant's Case.  
A Copyholder Surrendered to the Use of J. for Life, the Remainder to H. and the Heirs of his Body: it was a Question if this Estate limited to H. was an Estate tail, or a Fee-simple conditional; for if it were a Fee-simple conditional, then there cannot be an other Estate over, (but yet in Case of a Devise, an Estate may depend upon a Fee-simple precedent, but not as a Will, but as an executory Devise.) Per Wray, it is an Estate Tayl. Coke then said, They who would prove the Custom to entail Copyhold Lands within a Manor, it is not sufficient to show Copies of Grants to persons and the Heirs of their Bodies, but they ought to show that Surrenders made by such persons have been avoided by such matter. But by Wray, that is not so, for customary Lands may be granted in tail, and yet no Surrenders have been made within time of memory, 1 Leon. p. 174. Bullen and Grant, Cro. El. 148. mesme Case. Heyden's Case in 3 Rep. 8. is clear, That neither Statute without the Custom, nor the Custom without the Statute, but both co-operating may create Tayl. And as for Custom, if the Custom be to grant Lands in Fee-simple, this without question may be granted to one and the Heirs of his Body by Copy▪ for omne majus includit minus.  
My Lord Chief Justice Bridgman seems to argue this point very accutely and succinctly in Carters Rep. 22. Taylor and shaw's Case. First (says he) a Copyhold may be Entailed; not Entailed, as within the Statute of W. 2. nor by virtue of any Construction of the Statute W. 2. but there may be such an Estate before W. 2. of a Copyhold, which is a kind of base Estate, and which might be grantable to one and the Heirs of his Body, according to the Custom, and if he died without Issue, it might be aliened again; and that a Copyholder could not bar his Issue, unless by a Recovery; such an Estate might be by Custom. I hold (saith he) That the Evidence may fall out to be such that we may take it for granted, that Lands granted by Copy to one and the Heirs of his Body, the Remainder over may be a good Remainder, and the Reversion may continue in the Copyholder, the Donor may have a good Reversion, and all this without the help of W. 2. That which confirms me is the constant practice of most Copyholds, to have Estates over. As for the reason of it, if we shall give in Evidence (for the purpose) a Surrender in H. 7ths' time, wherein Lands are limited to one and the Heirs of his Body, the Remainder over; this is an Evidence that it was so in H. 7ths' time, and we have reason to think so it was past time of memory of Man. And as your Evidence is for Custom, so may your Case be to make an immemorial Custom. Then all the Question is, whether it will bear it or not? In this Case of a Copyhold being an Estate at will, you may have it at will, according to the nature of the Custom; it is not against the Analogy and Reason of the Law, and it may bear it; the Evidence may be such. If in H. 7th or E. the 4ths' time it appears so, it is a good warrant for matter of Evidence for a Jury to find, That there were such Copyhold Estates with limitation over. Now before the Statute of W. 2. it had been a good Custom to grant Copyhold to one and the Heirs of his Body, the Remainder over; or to grant the Land by the name of a Reversion; for here is no alteration of Common Law Estates: The reasonableness of this Custom appears by the Statute of W. 2. That Act doth not create the Estate, 
Proofs of an Estate Tayl.  neither a Remainder nor a Reversion; but the Act prohibiting Alienations, Quo minus ad exitum illorum, quibus tenementum sic fuerit datum remaneat post obitum illorum vel ad donatorem (si exitus ejus deficiat) revertatur, by operation of Law, it comes to a Remainder or Reversion; if by Custom such Estates may remain or revert, so may Copy-holds by Custom, because they are Tenants at will. Now as by that construction W. 2. did make a Remainder or a Reversion, so the Custom of prohibiting Alienations by Copy, may make Reversions or Remainders of Copyhold Estates.  
If the Reader hath a mind to see other Cases about the Entayling of Copy-holds (though they are all reduced to what is before cited) he may peruse 2 Brownl. 42, 76. Keymer and Poel 121. Hill and Upchurch, 1 Rolls Rep. 48. Warn and Sawyer. Cro. El. 717. Erish and Rives, etc. 2 Brownl. 121.  
The Law about entailing of Copy-holds is settled and agreed by the Judges, B. R. 17 Car. 2. Newton and Shaftoe's Case, That it is by Custom and not by the Statute, so agreed M. 18. Car. Pilkington and Stanhop's Case, queux vide apres.   

Of docking or barring Copyhold Estates, being barred by Fine or Recovery, or otherwise.  
It is agreed by all the Judges, 1 Rolls Rep. 48. Warn and Sawyer's Case, That if an Estate tail may be of a Copyhold by Custom, that by Custom it may be docked and destroyed, See More, n. 877. A Copyhold may be Entailed by Custom, and barred by a Recovery by special Custom; and it was agreed that a Surrender may bar the Issue by special Custom, Chard and Wyatt, so Lee and Brown, M. 15 Jac. B. R. And it was agreed to be a strong proof of the Custom, that they to whose Use such Surrenders had been made, had enjoyed the Land against the Issue in tail, 1 Rolls Abr. 506. mesme Case.  
The Custom of the Manor of Wakefield was, That they may entail their Copyhold Lands; and the Custom of the Manor to bar the Entayls, and the Remainders there, is, That the Tenant in tail shall commit a Forfeiture, as by making a Lease without Licenc, etc. and then for the Lord to make three Proclamations and to seize the Copyhold, and then to grant this to the Copyholder and his Heirs, allowed to be a good Custom; Also this Custom there was good, That if Tenant in tail make a Surrender to a Purchaser and his Heirs, of his Copyhold, and such Purchasor intending to bar the entail and the Remainders, commits a Forfeiture, upon which there is a seizure by the Lord, and three Proclamations, etc. and so for him to grant; these were adjuged good Customs, though the Tenant in tail nor his Issue are privy: See as to this last Custom in a Trial at Bar in Ejectment, Siderfin, p. 314. Lessee of Pilkington contra Stanhop. So in Ejectment in Grantham and Coplies Case, 2 Sanders 422. And it was farther adjudged, If such Forfeiture be presented in the Copyhold Court, and the Land seized in Manus Domini, the Lord may not admit any other but him to whom it is limited and assigned by the Tenant who made such Forfeiture, and the Lord cannot dispose of it otherwise: And farther, That if the Lord admit any other, and after sells the Manor to a Stranger, by whom Cesty que use is admitted, Cesty que use hath a good Title, and shall avoid all mean acts and dispositions made by the Lord, as he should if a Surrender had been made to his Use, ibid.  
Mr. Keble in the Reporting of this Case of Coply's 2.823. saith, A Surrender is to the Lord to the intent quod inde faciat voluntatem, yet by Custom the Surrenderer by Petition or Declaration may direct it to any person whatever, and the Lord must pursue it, and there is no Estate in the Lord, but it remains in the Tenants hands till Admittance of such party, and the Purchasor might come in at any time.  
The Case of Taylor and Shaw, in Carters Rep. 6, 22. The like Custom is adjudged void, but that was upon a fault in the special Verdict: Tenant in tail of Copyhold Lands, the Jury find a Custom, That this is to be barred by seizure of the Lord as a Forfeiture, & non alio modo, and not otherwise, as the Lord Chief Justice Bridgman well observed, and that being naught, the whole Custom is in vain. As for his first Reason of such a Custom being void, that its a precarious Custom; you must have the concurrence of the Lord, or you cannot do it; and Custom implies Right; though this is of weight, yet it might have been objected in Pilkinton's Case and Grantham's Case, yet in these Cases such Custom is adjudged good. But his second Reason is cogent; by this negative Custom you destroy that which is essential to the Estate. If you will allow a customary tail, you must allow a customary Recovery, and so this Case differs from those others.  
Now these ways of barring Entailed Copy-holds, are in nature of a Recovery to dock the entail. But Rolls Opinin in Stiles 450. Pilkington and bagshaw's Case is not Law; he conceived there could be no such Custom to cut off Entailed Lands of Copyhold by the Forfeiture and seizure of the Lord, for his seizure upon the forfeiture destroys the Copyhold Estate at Common Law; Modus & Conventio vincunt Legem. And therefore  
It was made a Question in Dell and Heydon's Case, If Tenant in tail of a Copyhold, Remainder in Fee, is impleaded by plaint in a Court Baron, in nature of a Writ of Entry in the Post, 
The manner how, and the reason why a Recovery shall bar a Copyhold Estate.  and suffers a Common Recovery with Vourcher, whether if Tenant in tail die sans issue, this shall bind the Remainder? Cro El. p. 372. But Rolls in 1 Abr. 506. in the same Case, saith this may be barred by a Common Recovery, for a warranty may be annexed upon this by a Surrender to an Use, or by a confirmation, or by Release with Warranty, and it may be intended he shall have other Copyhold in value. And Sir Francis More in the Report of this Case saith, if Tenenant in tail come in as Vouchee, this is a bar to the Issues and Remainder. Surrender with warranty to an Use, and grant accordingly, makes the party in the per by the Surrenderor, and upon this Warranty the Surrenderor may be vouched, and Recovery in value shall be only of other Copyhold Lands in the Manor, No. 488. and in 4 Rep. mesme Case, it's adjudged that such Recovery shall make a Discontinuance, and shall take away the Entry of the Heir in Tayl.  
If a Copyholder surrenders in tail, and the Heir of the Donee is to bring a Formedon, he ought to count of a Gift made by the Copyholder who surrendered, and not by the Lord, for he is but the Instrument to convey it, and nothing passeth from him, Cro. El. 361. Paulter and Cornhill.  
And yet in the Case of Clun and Pease, adjudged since Dell and Higden's Case, Per totam Curiam, A Recovery with common Voucher in a Plaint, in nature of a Writ of Entry, in Curia Manerij, shall not bind the Issue in tail, for it shall not bind but upon expectance of a Recovery in value, which is the reason it binds for Land at the Common Law, and here he cannot have any Land in value, neither at Common Law, nor customary Land; for if it should be so Conveyed, the Lord should lose his Fine, and one should hold his Land as a Copyholder without Admittance or Grant from the Lord, which is contrary to the nature of a Copyhold, but it's a Discontinuance clearly, which cannot be defeated by Entry, Cro. El. p. 391.  
Now as a Feoffment will not destroy a Copyhold Estate Entailed, so neither a Fine or Recovery at Common Law.  
It doth not make any Discontinuance, 
Copyhold Estate, how discontinued or not.  for these being Common Law Assurances, they do not work upon the Assurance of the Copyhold, and that that doth not work upon the right of the Estate tail cannot make a Discontinuance. And the same reason of a Fine, which is but a Feoffment on Record, and the same reason holds; a Fine may work to the destruction of an Estate, where it is not preserved by special Custom, but this is preserved by special Custom: so for a Recovery, that that is in demand is the freehold. True, if the Recovery were in the Lord's Court, there the Estate may be turned to a Right, and a Recovery at Common Law cannot bar a Copyhold Estate, because of the Recovery in value, to which the Warranty is annexed, doth not go according to the Copyhold, but according to the Freehold. These being Common Law Assurances, work only a Common Law Interest, and cannot work upon a Copyhold; this is the Abstract of Glin's Argument in Tailor and Shaw's Case, Carter's Rep.  

How Copyhold barred by a Fine at Common Law.  But the Lord Chief Justice Bridgman in that Case put a nice difference, as to the barring Entailed Copy, by a Fine at Common Law; if a Copyhold be suspended, while it is in suspense a Fine at Common Law bars it; for one cannot be a Copyholder in tail and have the Inheritance of Freehold in himself, it must be suspended for a time, as if he divide the Copyhold from the Freehold for a time; and he there gave a notable difference, 
Difference, as to what may pass by a Fine or be barred by a Fine.  where a man may pass a thing by a Fine, and where he may bar by a Fine; a right of Copyhold cannot be passed by a Fine, but may be barred by a Fine. A man that hath a Rent-charge, he levies a Fine of the Land, the Rent-charge is gone by it, yet the Fine is not levied of the Rent but of the Land; as for his other Reason from the words of the Statute, 32 H. 8, Of Lands any ways Entailed, etc. I conceive that cannot extend to Copyhold Lands, Carter's Rep. 25, 26.  
Where by the Custom Plaints have been made in the Court of the Manor, in the nature of real Actions, if such a Recovery be against Tenant in tail Copyholder, this shall be a Discontinuance, and shall take away the Entry of the Heir in tail, for they are warranted by Custom, and it is an incident that the Law amounteth to the said Custom, that such Recovery shall make a Discontinuance, 4 Rep. 23. Deal and Rigden.  

Discontinuance  If a man seized of Copyhold Land in right of his Wife, surrender it to the Use of another in Fee, who is admitted, and the Husband dies, this is not any Discontinuance to the Wife, nor to her Heirs, but that she may enter, and shall not be put to a cui in vita, nor her Heir to a sur cui in vita, 4 Rep. 23. Bullock and Dibler. Yet Walmsly in Collins and Cranks Case, Cro. Jac. 105. held it was a Discontinuance. Quaere his Reason.  
Surrender by Tenant Copyholder in tail, 
If Surrender make a Discontinuance.  makes not any Discontinuance, except a special Custom be, and then its a bar, Vide prius, and Cro. El. p. 148. Bulle's Case. But in Cro. El. 717. Erishes Case, That such a Surrender is a Discontinuance to put the Issue to his Action, this being as strong as a Livery by Tenant in tail, and the Alienee is in by the Tenant in tail, though he comes in by Grant of the Lord, 1 Leon. p. 95. Case 124. Knight and Footman, there holden, That the surrender of Copyholder in Tail to the Use of another in Fee, doth not make any Discontinuance, but the Issue in tail may enter, and the Sergeants Case there cited to be so.  
One under age surrenders and dies, having Issue A. A. may enter, and shall not be put to his dum fuit infra aetatem, 1 Leon. 95. Knight's Case.  
But it is settled, That a Surrender makes not a Discontinuance. Vide infra, pres a pres.  
A farther Discourse of what shall amount to a Discontinuance or not, Vide hic Cap. supra.  
If a Copyholder in tail (admitting it be an entail) surrender to the Lord to make his Will, and he regrants this to the Copy holder, this is not any Discontinuance, although a Surrender to the Use of an Estranger should be admitted to be a Discontinuance, for a surrender to the Lord may not make any Discontinuance, forasmuch as he had the Reversion; agreed upon Evidence at the Bar, in Lee and Brown's Case, Mich. 14 Jac. B. R. So a Surrender of a Copyhold Entailed to certain Uses, etc. is no Discontinuance, though the Court there said, it had been a great Question; but by a special Custom such surrender may be a Discontinuance.  

Discontinuance to the Wife.  If the Husband seized of Copyhold in the right of his Wife, surrender this to the Use of another in Fee, who is admitted accordingly; Husband dies, this is not any Discontinuance to the Wife, 4 Rep. 23. Bullock and Dibler's Case, nor her Heirs, but the Wife may enter and not be put to her cui in vita, nor her Heir to a sur cui in vita.  
A Discontinuance may be of a Copyhold entail (admitting it to be a Tail) as by a Recovery in a real Action, in the Lord's Court, 4 Rep. 23 Deal's Case. Quaere, if it be not more properly a Bar for the time than a Discontinuance, 1 Rolls Abr. 634. Morris' Case, 44 Eliz. B. R.  
In Chard and Wyat's Case, More, n. 877. The Court were divided in Opinion, whether a Surrender was a Discontinuance. The Case was this: A Copyholder in Fee surrendered to the Use of his Will, and having a Daughter born, and his Wife with Child, he devised by Will part of his Land to his Son or Daughter with which his Wife went, & haeredibus suis legitime procreate. and the residue he devised to his Daughter born, to have to her and the Fruit of her Body, and if she die without Fruit of her Body, the same shall remain to the Child in the Mother's Belly; and if both dye without Fruit, then J. S. should sell the Land, and willed the one Sister to be Heir to the other. The Wife of the Devisor entered and was admitted, and had a Daughter, which afterward died; the Mother took Husband and they surrendered. Resolved 1st. That this was a Fee tail in the Daughter, 2ly. That one in ventre sa mere could not take an Estate in possession by Purchase; but in this Case she may take in Remainder: But whether it were a Discontinuance the Court was divided; but they all agreed a Copyhold may be Entailed by Custom, and barred by Recovery by special Custom, and yet in Moor, n. 1087. afterwards it was adjudged, a Surrender by a Tenant in tail of a Copyhold, was not a Discontinuance; but by what is said before, the Law is settled as to this point. But (to cite no more in this point) where by Custom of the Manor Pleints have been made in the nature of real Actions; That if a Recovery be in a Pleint in nature of a real Action against a Tenant Copyholder in tail, it's adjudged that this shall be a Discontinuance, and shall take away the Entry of the Heir in tail, for these Pleints are warranted by the Custom, this is an incident which the Law annexeth to the said Custom, 4 Rep. 23. Deal and Rigden.    

CAP. XX.  
Of Leases of Copyhold Estates. Leases by the Lord, and Rend reserved, and his Remedy by Avowry. And of Leases made by Copy-holders'. What is a Forfeiture or not. When a Licence to make a Lease shall be said to be pursued or not. Commencement of a Lease. Leases by whom made. Bishop. Tenant in Tayl. Infant. Of Rents reserved. What things are demisable by Copy.  
Of Leases of Copyhold Land, Vide Title Customs as to Leases and Limitations of Estates, supra.  
Of Leases of Copyhold Land made by the 

Lord,  
Tenants.    

1. By the Lord, and his Avowries, and remedy for the Rent.  

Lease of the Freehold of a Copyhold.  THE Lord leaseth the Freehold of a Copyhold to J. S. this is good betwixt J. S. and the Lord: But the Lord cannot reserve the Rent upon such a Lease, 1 Keb. 15. Gerrard's Case.  

Custom.  A Custom, That on payment of ten years' Rent, the Lord should Licence to let for 99 Years, and if he refused, the Tenant might do it without Licence, was adjudged good and reasonable, Grow and Bridges, cited in 2 Keb. 344. Porphyry and Legingham.  
If a man be seized of a Manor wherein are divers Copy-holders' admittable for Life or for years, 
Lord lets for Life, he may Lease by Copy in Reversion, to commence after the death of the first Copyholder.  and he leaseth the Manor to another for term of Life, the Lessor may make a Demise by Copy in Reversion, to commence after the death of the first Copyholder, and that is good enough, but the Custom of some Manors is to the contrary, and that is allowed, Hetly, p. 54. M. 3 Car. B. C. Davis and Fortescue.  
Lord of the Manor made a Lease to two of the Copy-holders' of the Court Baron for 200 years, 
Lessees of Copyhold and Court-Baron for 200 years, what acts they may do.  saving to himself the other Demesns and Services, the Lessees keep Court there, and a Copyholder surrenders to the Use of A. in Fee. Per Cur. this is a good Copy; the Court may well continue for that purpose, as to Admittance of Copy-holders', for otherwise every one of his own act may destroy his Copyholders Estate, Cro. El. p. 394. Jackson and Neal, and Lord Hatton's Case, cited there.  
If the Lord of a Manor grants a Copyhold, 
Who shall have the Rent.  rendering Rend praefato Domino, at a certain time, & servitia de jure debita & consueta, his Heirs and Assigns after his death shall have this Rent, this being reserved by a Copy, 2 Rolls Abr. 450. Crisp and Friar.  
Copyholder makes a Lease, rendering Rend, 
Avowry by the Lord for part of his Rent.  and after surrenders parcel to the Lord, the Lord may avow on the Lessee for part of this Rent, without alleging notice or attornment by him, 1 Keb. 94. Blat and Mole, vide.  
The Lord may Distrain a Copyholder for his Rent as well as Seize: Quaere, 
Distress.  if a man makes a Lease at will rendering Rend, whether he may Distrain for this Rent? 2 Brownl. p. 279. Ravel and Downe.  

Entry. Acceptance of Rent.  The Lord after acceptance of Rent, cannot enter upon the Lessee of a Copyholder, 1 Keb. 15.  

Whether the accustomed Rent be reserved upon a Lease by a Bishop Lord of the Manor.  Treacer was a Copyhold Manor, within the Manor of B. The Bishop of Exeter held both these Manors in the right of his Bishopric, the old accustomed Rent was 67 l. 1 s. 5 d. Hall Bishop demised these two Manors to P. for 99 years, determinable upon three Lives, reserving the old Rent. P. assigns them over to N. except the Demesns of Treacer. N. surrenders both Manors, except Treacer. The Bishop redemiseth to him the said Manors, except Treacer, and one Farm more, reserving the old Rent, 67 l. 1 s. 5 d. Per Cur. this second Lease was good, and the 67 l. 1 s. 5 d. was the old accustomed Rent within the Statute 1 El. Mod. Rep. 203. Thredneedle and Lynham.  
Of Leases made by a Copyholder, and of Rents reserved thereupon, vide Customs.  
When Leases made by a Copyholder for Years are a Forfeiture, Vide sub Tit. Forfeiture.  

Note. Lease no disseisin.  A Copy-holders' Lease is no Disseisin, though it be a Forfeiture, nor doth it alter the Estate of the Lord, 2 Keb. 598.  

Note. Lease not Assets.  Copyholder made a Lease for years by Licence, and Lessee died, this shall not be accounted Assets in the hands of the Executors, Quaere. Nor be extended, Popham 188. But if Copyholder make a Lease for an year, this is a Lease by the Common Law, and not customary, and shall be accounted Assets in the Hands of the Executors of the Lessee, Popham 188. Yelv.   

What Leases shall be good or not, in respect of Licence when it is pursued or not.  
Copyholder may make a Lease for one year, without Licence, for that is warranted by the Law, by the force of the general Custom of the Realm, Lit. 234. and this shall be accounted Assets in the Hands of the Executors of the Lessee.  
If the Lord give Licence to a Coph-holder for Life, to let the Copyhold for five years, the Copyholder may Lease this for three years, for this is comprehended within the Licence, inasmuch as he had given him Licence to let for more years, M. 15 Jac. B. R. Woolridg and Bambridge; adjudged upon a special Verdict: so it was adjudged in the same Case, Cro. Jac. 417. If the Lord give Licence to a Copyholder for Life, to Lease the Copyhold for five years, if the Copyholder shall so long live; and he lets this for five years generally, without this limitation, If he shall so long live; yet this is a good pursuance of the Licence, and so a good performance; for the Lease is determinable by his death, by a limitation in Law, and therefore so much is implied by the Law, as if he had made the actual limitation. So is the Case of Hart and Arrowsmith, Noy 121. the operation of Law made, such a limitation to the Estate which he made, i. e. if he shall live so long: But if the Copyholder had had an Estate in Fee, it had been a Forfeiture to have made an absolute Lease, because in this case he doth more than he was licenced to do, Popham Rep. 105.  

A Lease not warranted by the Licence, as to the commencement.  A. obtains a Licence in Court to let his Copyhold for 21 years from Mich. last past; he makes the Lease to begin at Christmas following: Per Cur. this Lease 〈◊〉 not warranted by this Licence, and so no Eject. firmae lies upon it, Cro. El. p. 394. Jackson and Neal.   

Commencement.  

When a Lease shall begin in point of computation and not in point of Interest.  Land is demised by Copy for three Lives successive, and then a Lease is made for 30 years, of the same Land, to commence after the determination of the first Estate; the Survivor dies, leaving a Widow, who claims durante viduitate, according to the Custom: The Quaere was, when this Lease shall begin, if after the death of the Copyholder, or after the determination of the customary Estate in the Woman? It shall commence presently in point of computation, but not in point of interest, till after the death of the Widow, 2 Siderfin, Clark and Caudle, Capel and Stephens, 1653.  

By Tenant in tail, if warranted by the Stat. 32 H. 8.  Arthur, Copyholder for Life, surrenders to Sir Francis Knolls Knight, Lord of the Manor, in tail, Reversion in the Crown. Sir Francis makes a Lease, for three Lives, to commence from the day of the date, and of the ancient Copyhold Rent was reserved and more. Three Questions were moved by the Jury. 1. Per Cur. If this Land shall be said usually demised within the Statute 32 H. 8. being never demised before but by Copy? And the Court ruled, that so 2. If this Copyhold Rent shall be said the ancient accustomed Rent within the Statute? and ruled, that so 3. Though an Herriot was not reserved in the new Lease which was payable by the Copyhold Custom, yet it was resolved, that it was a good Lease within the Statute of 32 H. 8. if Livery was made after the day of the date, Moor, n. 1050. Banks and Brown.  
The Land is accountable usually demisable when it is always demised; it was Sir James Marvin's Case. Tenant in tail lets a Copyhold by Indenture, rendering the same Rent as before; it's a good Lease within the Statute of 32 H. 8.  
A Manor by Act of Parliament was Entailed to A. Wife of the Lord M. with divers Remainders over, with a Proviso, That the Donees non facerent aliquid in nocumentum vel ex heredat. haeredum suorum, vel, etc. sed tantum pro junctura, vel pro termino vitae vel pro annis, vel ad voluntatem secundum consuetudinem manerij reddend. antiquum redditum. The said Manor consisted of divers free Rents, amounting to 7 l. 15 s. Copyhold Tenements held for Lives, the customary Rent of which was 3 l. and Waste and Herriots. The free Rents or Copyhold Rents or Herriots were never devised before for Life or Years, or otherwise. A (post mortem viri) by Fine grants and renders the moiety of the Manor for 300 years, rendering Rend, amounting to the Free and Copyhold Rents, and 8 d. more, payable at two Feasts, whereas the ancient Rents were payable at four; Per Cur. the Lease was void; the Copy-holds aught to have been granted by Copy, and not by Fine, and the reservation at two days, where the Rent was payable at four days before, made the Grant void; for its ad nocumentum haered. and there can be no apportionment in that case, for Copy-holds for Lives are uncertain, and Herriots accidental. When two Ferms are joined together the entire Rent which is reserved out of both of them is a new Rent, and not the accustomable Rent, 5 Rep. 5. Lord Mountjoy's Case.   

By whom made.  

Ecclesiastical person.  If a Bishop let Copyhold Land for Life, rendering the ancient Rent; it's not good, because the Successor cannot Distrain the Copyholder for Rent; but if it be of a Manor to which a Copyhold belongs, its good, Lit. Rep. 305. in Sheers Case.  
Dean and Chapter of Worcester, Lord of a Manor in jure Ecclesiae, of which Manor H. G. was a Copyholder for Life of Lands, under the Rent of 8 s. 8 d. per annum, payable Quarterly, and Herriotable at the death of the Tenant; the Copy-holds were by the Custom grantable for three Lives, they demise the said Lands to H. G. and his Assigns, for the Lives of R. J. and M. and the survivor of them, renduring 8 s. 4 d. per annum, at two Feasts. Question was, if this Lease were good, or might be avoided by the Successor? Per the Statute 13 Eliz. Cap. 10. It was resolved. 1. The Lease was good, though it was made pur altar vies, and that the Occupants shall be punishable for Waste. 2. Customary Demises are within this Law, 
Customary demises are not in the Statute 13 Fl. cap. 10.  for this Estate granted by Copy was in judgement of Law an Estate at Will, and without doubt Lands which have been accustomed to be demised at will by those which have the Inheritance of the Land, rendering rend, are Lands accustomably let to Farm within the said Act. 3. The said Act of 13 El. doth not avoid the Lease, if the accustomed yearly Rent, or more be reserved, and for that an Herriot is not a thing Annual, nor a thing depending on the Rent, it sufficeth if the Annual Rent be reserved, 6 Rep. 37. Dean and Chapter of Worcester's Case, Cro. Jac. 76. Baugh and Heyns, mesme Case.  
As to Leases by Bishops of Manors consisting of Copyhold Lands, and Services of Free-Tenants, and reserving the ancient Rent, vide 3 Keb. 372. Mod. Rep. 203. Threadneedle and Lynham.  
Infant Copyholder in Fee leaseth for years, 
Infant.  without Licence by parcel, rendering Rend, 
Lease affirmed by acceptance.  at full Age he accepts the Rent, being admitted to the Copyhold, and after ousts his Lessee. Lessee brought Ejectment, Judgement for the Lessee: Per Cur. this Lease for years is no Disseisin to the Lord, though it may be a Forfeiture, and this Lease is not void but voidable, and may be affirmed by acceptance, Noy, p. 92. Ashfield's Case, Lach. p. 199. Vide Rolls Rep. 256.  
By a Copyholder or Heir before Admittance, vide Admittance.   

As to Rents reserved.  
Lands at Common Law and Copyhold Lands are leased by one Indenture, 
Lease of freehold and Copyhold, the Rent issues out of both.  rendering Rent; the whole Rent shall issue out of the Lands at Common Law, and not out of the Copyhold: But if a man leaseth Land, part of which he hath by Disseisin, rendering Rend there the Rent shall issue out of the whole Land, and by the entry of the Disseisee the Rent shall be apportionted, Moor, n. 144. Term. Pasch. 5 El.. But the Law is not so, for in Collins and Harding's Case, Moor, n. 723. the Judges were divided in Opinion about this very point. But in Rolls 2 Abr. p. 426. it is resolved, That this Rent shall issue out of the Copyhold Land as well as out of the other Land; for a Rent may be reserved out of the Copyhold Land, and this is such a thing to which one may resort for a Distress, Collins and Harding's Case: And this Case is farther Reported by Rolls 1 Abr. p. 234. If a man Lease for years Freehold Land, and also Copyhold Land by Licence of the Lord, reserving a Rent, and after grants the Reversion of the Free Land to another, and the Lessee Attorn, the Rent shall be apportioned, for this waits upon the Reversion, 
Rend apportioned.  vide Collins and Harding's Case also Reported in Cro. El. p. 600, 622. The Rent issueth out of both, and is not like to a Lease of Lands and Goods, for all the Rent is there issuing out of the Lands, and it is now in the Hands of the Grantee, as one entire Reversion, 
Pleading.  and he shall declare accordingly, and although they be several Reversions, yet he shall declare upon the truth of the matter.  
Copyholder by Licence of the Lord demised the same by Indenture to the Plaintiff for twenty years, under the Rent of 25 l. per annum, the Copyholder surrenders the Reversion of the one moiety of the same Copyhold to the Use of one N. W. to which he was admitted, and then the Reversion of the other moiety to W. who was admitted. Per Cur. the Surrender by the name of a Reversion, is good (though the Lease is by Indenture and not by Surrender, 
Rend apportioned.  which if it had been so, it had been derived directly out of the customary Estate) for still it is the Lease of the Copyholder, and not of the Lord. Quaere, if the Copyholder in this case should forfeit his Estate, the Lease would stand good against the Lord being by Licence? And Per Cur. the Rent is to be divided by moieties, according to the halves of the Reversion; and in this case it was resolved there needed no Attornment upon the Surrender, for the Admittance, settles the Estate, 
Attornment.  Hobart 177. Swinnerton and Miller.  
It was said by Hale Chief Justice, That a Lease for years of Lands that are Copyhold, 
Lease of Copyhold without taking notice that it was Copyhold.  particularly without taking notice, that this was Copyhold, this is good for the Rent of the Copyholder, and after the Lease spent, the Inheritance takes place, and severs the Copyhold from being granted by Copy after, during the Lease; but when that is spent, it is well again, Sir George Sand's Case, cited in 3 Keb. p. 91. in Cholmly and Cooper's Case.  
A. being a Copyholder by Licence of the Lord, leased his Copyhold to Smith for years, rendering Rend, and afterwards by Deed granted the Rent to another; Habend. during the term, etc. to which grant the Lessee did Attorn, and paid the Rent to the Grantee. Per Gaudy, the Grant is good, but now it is but a Rent-seek; 
Rent-seek.  the Grantee cannot have an Action of Debt for it, for he is not party nor privy to the Contract, nor hath the Reversion, 1 Leon. 315. Austin and Smith.  
Copyholder makes a Lease for years, 
How a Lease not warranted is good.  not according to the Custom of the Manor, yet this Lease is good, so as the Lessee may maintain an Ejectione firmae, for between the Lessor and Lessee and all others, except the Lord of the Manor, the Lease is good, Owen 17. Downingham's Case.   

Of Leases made by those in Remainder or Reversion.  
Tenant for Life, 
By one in remainder by Parol.  the Remainder in Fee of a Copyhold, he in the Remainder makes a Lease by Parol. Tenant for Life and he in Remainder join in a Surrender, to the Use of him in the Remainder in Fee. This is a good Lease, and shall take effect in the life of Tenant for Life, and it shall be good against him in Remainder; for the Estate of Tenant for Life is extinct, and cannot hinder the Lease to have operation; like as he in Remainder grants a Rent-charge, and after the Tenant pur vie surrenders, the Rent shall commence presently, Cro. El. p. 160. Dove and Williot.  

A Lease for Life made in Reversion.  A Lease for Life may be made in Reversion of a Copyholder, according to Custom, but whether such a Lease be void, if made by Dean and Chapter, per the Statute of 37 H. 8. which extends to all Colleges, etc. Quaere 1 Rolls Rep. 202. Long and Baker.  
As to Remedy for Rents, by Entry or Action, Vide infra titulo, What Statutes extends to Copyhold Lands, and sub titulo Actions and Suits.   

What things are demisable by Copy.  
Underwoods' may be demised by Copy to one and his Heirs, for this Underwood is a thing of Inheritance, for after every cutting down they will grow again from the Stubbs, Cro. El. 413. Hoe's Case.  
Tithes may be demisable by Copy of Court Roll, according to the Custom of the Manor, for they may be parcel of a Manor as (well as a Rent-charge) Com. p. 43 Eliz. Sands and Drury.  
Tonsura prati may be demisable by Copy of Court Roll, according to the Custom of the Manor, by Prescription, per Gaudy; Vide pluis supra.   

Pleadings.  
Custome quod tenens custumarius in feodo possit dimittere terras pro aliquo termino annorum sine Licentia Domini, Cro. Entr. 123. Simile non excedens. 21 annos, Hern 81.    

CAP. XXI.  
Of Licence. What Licence shall be good. By whom made shall bind or not. Licence taken for a Confirmation. When and where a Licence is to be pleaded specially, and when and where not.  
QUaere if Lessee for years may grant Licence to a Copyholder to fell Timber? 
To fell Timber. The extent by Lessee how far good or not.  But though it be good against himself, yet it is void against the Lessor, because the Licence is derived out of the Interest, and so can be of no greater extent than it, and the Assignee of the Lessee may take advantage of it, 1 Keb. 26. Muniface and Baker. And by Twisden, Where a Copyholder hath Licence to fallen (though it were repealed by the Grant of the Lord of his Interest, before the felling) yet this is no Forfeiture, though the Licence be determined by it, ibid.  
Licence to make Leases, Vide supra Leases.  
The Lord Licenced his Copyholder, to make a Lease of his Copyhold for 21 years, 
Concurrent Lease.  to begin at Michaelmas following, and he made a Lease accordingly, by Indenture; and also before Michaelmas, by Deed made another Lease to another, for 21 years, to begin also at Michaelmas following, Per Anderson, The making of the second Lease was a Forfeiture; the Licence is satisfied by the first Lease, and so the second Lease is without Warrant, and consequently a Forfeiture. 
Lease void in Interest and good by Estoppel.  The second Lease is void in Interest and good by Estoppel: If a Copyholder make a Lease contrary to the Custom, it is a forfeiture before the Entry of the Lessee, Moor, Case 329.  

Once a Licence to make a Lease and always.  If the Copyholder make a Lease for years, by Licence of the Lord, the Lessee may assign this over, or make an under-Lease without any new Licence, for the Interest of the Lord was discharged by the first Licence, 1 Rolls Rep. 509. Johnson and Smart.  

What Licence shall be good, and by whom, by a Lord at will.  A Lord at Will of a Copyhold Manor, cannot give Licence to a Copyhold Tenant to make a Lease for years, although that he may grant a Copyhold for Life, according to the Custom, 1 Rolls Abr. 511. Petty and Debbans.  

By Lord for Life, Licence determinable.  If a Lord for Life of a Copyhold Manor, give Licence to a Tenant to make a Lease for years, this Lease shall not continue longer than the Life of the Lord, ibid. 2 Brownl. p. 40. mesme Case.  

Licence to make a Lease upon condition, void. Aliter upon a Limitation.  The Lord licenceth a Tenant to make a Lease upon Condition, the Condition is void; for the Lord giveth nothing by the Licence, but doth only dispense with the forfeiture: A Licence gives not a Right, but only executes it, but a Limitation to such a Licence is good; as a Licence to let for two years, he cannot Lease for three years, Owen, p. 73. Haddon and Arrowsmith.  
If a Copyholder makes a Lease for years by Licence of the Lord, 
Copyholder leaseth for years, and dies sans Heir, if determined. Licence taken for a confirfmation.  and dies without Heir, the year not expired; Some say the Lord may enter, for the Estate out of which this Lease was derived, is detemined, Yelv. contra. This Licence shall be taken as a confirmation of the Lord, and the Lease shall be good against him, Popham 188.  

Plead. When and Where a Licence is to be pleaded specially and when and where not.  
In Ejectione Firmae brought by the Lessee of a Copyholder, it is sufficient that the Count be general, without mentioning of the Licence; if the Defendant plead Not Guilty, than the Plaintiff ought to show the Licence in Evidence: But if the Defendant plead specially, than the Plaintiff ought to plead the Licence certainly in his Replication, and the time and place when it was made; and in this Case the Plaintiff replied, That the Copyholder by Licence first than had of the Lord, did demise, and did not show what Estate the Lord had, nor the time and place when it was made; it is not good, for the Licence is traversable. The Defendant cannot plead, That the Plaintiff by Licence did not demise, for this is a negative pregnant, 2 Browl. 40. Petty and Evans.  
Licentia dat. ad dimittendas terras custumarias, Co. Ent. 185.    

CAP. XXII.  
Of Forfeitures. What shall amount to a Forfeiture of a Copyhold Estate by act of the Party, by non-feazance or misfeazance. Of refusal of Writ, Services, etc. Non-Appearance at Courts. Of making Leases not warranted. Rend shall be said a Covenant and no Lease, and so shall be no Forfeiture. What Alienation shall be a Forfeiture or not. Of Forfeiture by waist in Trees. By Attainder of the Tenant. What act of the Husband shall forfeit the Wife's Land or not. Who shall take advantage of a Forfeiture. Where the Lord shall take advantage before a Presentment or not. Where the Forfeiture of one Copyholder shall be the Forfeiture of another, as to Estates or Persons. What is a dispensation of a Forfeiture, and of what Forfeitures in the Life of the Ancestor the Heir shall take advantage.  

Of Forfeitures. What shall amount to a Forfeiture of a Copyhold Estate.  
BY act of the Party.  
By Operatation of the Law.  
What act of the Party respecting 

Non-Feazance.  
Mis-Feazance.     

Of refusal to pay Rend, perform Services or Suit of Court, when they shall be causes of Forfeitures or not.  
A Copyholder hath an Inheritance by Custom, but when he doth that which is contrary to the Custom, as to cut down Trees, etc. he shall then be in no better a condition than a bare Tenant at will, and so it will be a Forfeiture.  
If a Copyholder be to pay a certain Rent yearly by his Copy to the Lord, and the Lord comes upon the Land, and demands the Rent at the day; if the Copyholder being present, refuseth to pay it, this is a Forfeiture; but if in such Case the Copyholder saith to the Lord, he hath not his Rent ready, this is not any Forfeiture, for the Lord may Distrain, 1 Rolls Abr. 506. therefore the Case in Coke Copyholder, p. 189. is not Law, which saith, That if the Copyholder tells his Lord, that he wanteth Money to discharge the Rent, and intreateth him to forbear, unless the Lord giveth his consent, that this is a Forfeiture, vide Noy, p. 58. crisp and Friar, Cro. El. 505. mesme Case.  
A Widow had Copyhold Land, and knew not how to pay her Rent, and divers persons came for the Rent, but she dismissed them with dilatory Answers; last of all comes a young Gallant and demands the Rent, she answers, That she did not know him, but if he would dance before her, if she liked his dancing, she would pay it: This denial was adjudged no Forfeiture, not being wilful, Lit. Rep. 268 in Paston and Uthert's Case.  

Voluntary refusal.  If the Copyholder be absent when the Lord demands the Rent at a day, and none is there to pay it, this is a refusal in Law, yet this is no Forfeiture; for this amounts not to a voluntary refusal; and there ought to be a demand of the person of the Copyholder to make a Forfeiture, Hob. p. 135. Denny and Lemon, p. 38. El. B. R. Crisp and Friar. And therefore that other Assertion in Coke Copyholder, p. 190, That if the Lord continue in making his demand upon the Land, and the Copyholder is still absent, 
Absence.  that this makes the Copy-holders' Estate subject to a Forfeiture, seems not to be Law, for the Lord may have other remedy for his Rent, William's Case cited in Latch 122. Grey and Ulysses was thus: The Lord demanded the Rent of his Copyholder, and he answered that he had it not with him then, but that he would pay it as soon as he could; the Lord said, pay this at my House such a day, which House was within the Manor, it was resolved that the first words were not any Forfeiture, 
Notice to pay the Rent at a place out of the Manor.  but when the Lord assigned him a day certain, at which day he pays it not, this failure amounts to a wilful refusal, and was a Forfeiture: But had the place been out of the Manor, it had been no Forfeiture, which Crew Chief Justice agreed to.  
Copyholder in Fee, rendering Rend at Michaelmas and Lady-day, 
Not paid at the last instant of the day.  he suffers the Rent to be unpaid for three years, the Lord at the last Instant of the day of payment demands the Rent upon the Land, and the Copyholder is not there to pay it, the better Opinion was, that it is a Forfeiture, Moor, n. 468. Crisp and Friar.  
An Act which makes a Forfeiture ought to be to the disherison of the Lord of his Copyhold, not of a collateral thing.  
Copy-holds are determinable the same way as Estates at Will. When a Copyholder doth acts as Owner, not warranted by the Custom, 5 Rep. 13. as Waste, unless the special Custom aid, 2 Keb. 466. Ivery's Case.  
If the Estate of the Lord of the Manor cease by limitation of Use, and the Use and Estate of it is transferred to another, 
Notice of the alteration of the use and Estate, or else no Forfeiture for denial of payment of Rent.  who demands the Rent of the Copyholder, and he denies to pay it, this is no Forfeiture without notice given to the Copyholder of the Use and Estate, Beconshaw and Southcot's Case, cited in 8 Rep. 92. Francis' Case.  
Bargainee of a Manor by Deed Indented and Enrolled shall not take advantage of the Forfeiture of a Copyhold for denial of payment of Rent to him, without notice given to him of the Bargain and Sale, agreed for Law, in Francis' Case, 8 Rep.  
Copyholder before any Rent due saith, he will not pay any Rent to the Lord hereafter; 
What words of denial amount to a Forfeiture or not.  or when a Court is to be holden, that he will not appear to do any Suit at the Court of the Lord; these are no Forfeitures: But if his Rent being due, he denies it, or when the Court is holden, he saith he will not do any Suit, the same is a Forfeiture, Sir Christopher Hatton's Case, cited 3 Leon. 108. in Tavernor and Cromwel's Case.  
Vide supra, Paston and Utbert's Case.  
In case of the forfeiture of a Copyhold, either for Rent or Fine, the Lord must demand the Rent or Fine of the person of the Tenant; 
Fine.  and therefore in Denny and Lemon's Case, Hob. p. 135. 
Demand must be made of the person of the Tenant.  In Trespass by the Copyholder against; his Lord; the Defendant pleads he had admitted the Copyholder, and assessed a Fine of 20 Nobles upon it, and had appointed him to pay it to his Bailiff, at his House, being within the Manor, three Months after, and alleged That he had not paid it accordingly. The Plaintiff demurs, the Lord having not showed, that the Fine assessed was reasonable: But Per Cur. the Lord is not bound to aver that, but it must come on the Copy-holders' side, to show the circumstances of the Case, to make it appear to the Court to be unreasonable: But the Opinion of the Court was against the Lord in this Action, because he had not laid a demand of his Fine at the time it grew due, or sometime after, of the person of the Tenant.  

Refusal to pay an excessive fine, no Forfeiture.  If the Lord demand an excessive Fine of his Copyholder, and he refuseeth to pay it, it's no Forfeiture; aliter where it is a reasonable Fine; and the Court and Jury shall be Judges of the reasonableness of it. But if a Fine be certain, the Tenant is to bring it with him to Court, and to pay it before Admittance, and if he be not ready to pay, it is a Forfeiture, Moor, n. 851. Dalton and Hammond. Cro. El. p. 779. mesme Case.  

No notice need where a Fine is certain; Aliter● where it's uncertain.  Where a Fine is certain no notice or demand is necessary, contra where it is uncertain; and where the certainty is dubious, the refusal is no Forfeiture, 1 Keb. 154. Wheeler and Honour.  
Tender and refusal is good payment, Mod. Rep. 77. Legingham's Case.  

Upon unreasonable Fine the Tenant may refuse to pay.  In Dow and Golding's Case, The Question was, whether the Lord of a Manor may assess two years and and half value of Copyhold Land, according to wracked Rent, for a Fine upon Surrender and Admittance, and for nonpayment enter for a Forfeiture. All the Court conceived, That one year and an half Rent improved, is high enough, 
What Fine is unreasonable.  and two year and an half is unreasonable; and therefore the Plaintiff in Trepass might well refuse the payment of it, and the Entry of the Defendant for a Forfeiture is not justifiable: Adjudged pro quer. sur demur.  
If the Ancestor had divers Copy-holds, 
If the Lord demands one entire Fine for divers Copy-holds, the Heir may refuse.  and the Lord demands of the Heir one entire Fine for them all, the Heir may refuse payment; the Lord ought to make several demands, because the Heir may accept one and refuse the other. And Waste in one of the Copy-holds is not a forfeiture of the other, Cro. Eliz. 779. Dalton and Hammond.  
If a Fine by the Custom of the Manor, 
Refusal to pay a Fine certain.  upon the Admittance of a Copyholder be certain; if the Lord demand this Fine, and the Copyholder denies to pay it on demand, 
Present Forfeiture without presentment.  this is a Forfeiture presently without Presentment: But if the Fine by the Custom of the Manor be uncertain, though a reasonable Fine be assessed, yet it being uncertain, the Copyholder is not bound to pay it on demand presently, but shall have convenient time to discharge it, 1 Rolls Abr. 507. But if he assess an unreasonable Fine, and the Copyholder refuse to pay it, it's no Forfeiture; therefore the Case of Turner and Cromwell, cited in Crisp's Case is not Law, 1 Rolls Abr. 507.  
It was held in the Case of Fanshaw and Bond, 
Refusal to be admitted, and to pay reasonable Fine.  That if a Copyholder refuseth to pay a reasonable Fine, or to be admitted to the Copyhold, this is a Forfeiture of his Estate, Stiles p. 387.  

Services.  If a Copyholder do not perform the Services due to his Lord, this is a Forfeiture, 43 E. 3.25. b.  

What words of denial to perform Services shall be a Forfeiture or not.  The Lord comes to the Copyholder and requires him to do his Services, (viz.) such and such, and the Copyholder answers, You shall have them, if they are due by Law, but it shall be tried at Law first; this was adjudged to be no Forfeiture in P. 16. Eliz. Vernon and Huggin's Case, cited in Lach, p. 122. Grey and Ulysses Case.  

Not appearance at Court.  The not appearing at Court was a Forfeiture. Now a Copyholder said, If it were a Court he would appear, if none, he would not; though this appear to be a Court, yet this is no Forfeiture, because no wilful contempt. Per Twisden, in the Case of Muniface and Baker, 1 Keb. 25. Willis's Case, and Parker against Corker, cited in the Case of Wheeler and Honour, 1 Keb. 154. Styles, p. 141. Parker and Cook. Per Rolls, if there were no controversy about the Courts being well held or not, and that the words were used only as a Shift, it's then a Forfeiture, else not.  

Warning of the Courts being held, and where.  It was a Question whether a Copyholder not coming to the Lords Court to do and perform his Suit in three years' time, be a Forfeiture. It must be proved he had warning of the time of holding the Court, for the Lord may hold his Court when he pleaseth, 3 Bulstr. 80. Belford and adam's.  
If a Copyholder in Fee retraxit, Scil. withdraw his Suit for many years to the Court of the Lord, no warning being alleged to be made by the Lord to him when he held his Courts, it's no Forfeiture, it is but a negligence; aliter, if he had been warned, and then had refused to have done Suit; 1 Rolls Rep. 256. Adam's Case.  
The Manor of declaring when a Copyholder is summoned, 
Nar.  and refuseth to do his Services, 3 Bulstr. 268. Hammond's Case, Stiles 241.  
If the Copyholder doth not come to the Court of the Lord, 
Not coming upon notice without refusal express, is a Forfeiture.  after a particular Summons made to their persons; this was adjudged a Forfeiture without express refusal, Noy, p. 5. Sir Christopher Hatton's Case, cited in Crisp and Fryer's Case, 1 Rolls Rep. 429. Bullevant and Bickerstaff.  
General warning within the Parish is sufficient; 
General Summons or warning at Church.  for if the Tenant himself be not resiant upon his Copyhold, but elsewhere, his Farmer may send notice to him of the Court: If a man be so weak that he cannot travel without danger, etc. or if he he have a great Office, etc. these shall excuse, Sir John Branch's Case, 1 Leon. p. 104. Now Sir John had by his Letter of Attorney appointed the Son of his Farmer his Attorney to do the Services for him due for his said Copyhold. Per Cur. such a Person so appointed might Essoyn Sir John, but not do the Services for him, 
Services not to be performed by an Attorney. An Essoyn may.  for none can do the same but the Tenant himself; therefore the third Resolution in Tavernor and Cromwel's Case, Cro. El. 353. seems not to be Law, Vide Coke's Ent. 288. Tavernor and Cromwel's Case, of a general Summons at the Church.  
The Custom was, If any Copyholder in Fee die seized, and his Heir comes not at the next Court and claims the said Tenements, and prays to be admitted to them; then a public Proclamation shall be made in full Court, That the Heir shall come to the Court to claim, and be admitted, and so at two other ensuing Courts the like Proclamation; 
Custom, if the Heir come not and pray to be admitted after three Proclamations, he shall forfeit, but not if he be beyond Sea.  and if the Heir come not, than the Lord to seize them as forfeited, Per Cur. this Custom and non-claim shall not foreclose the Heir which was beyond Sea at the time of the Proclamations made; for by intendment of Law he cannot have notice, etc. But if the Heir had been within the Realm at the time of the first Proclamation, and after goes beyond Seas, the Proclamations shall bind him, though he be beyond Sea at the time of the other Proclamations made, for he shall not defeat the Lord by his own Act, 8 Rep. Sir Rich. Lechford's Case, Cro. Jac. p. 226. Underhil and Kelsey; he cannot return when he will, and the Law doth not compel one to impossibilities, though Coke then Puisny Justice, in that Case of Underhil was of another Opinion, and he might by Letter of Attorney pray to be admitted, and Cro. Jac. 101. Whitton and Williams.  

The Proclamations to be proved viva voce.  Proclamations whereby the Lord claims Forfeiture, aught to be proved viva voce, and not only by the Court Rolls: The Proclamation was, That J. S. come in and be admitted to the Lands descended unto him, which, the certainty of the Lands being before declared, 
How to be made as to the certainty of the Lands.  is sufficient, unless the Custom be contrary, and not like a demand of Rent, which being generally of so much, is ill; especially the Custom of the Manor being to demand it generally, and not to specify the Lands, 1 Keb. 287. Lord Salisbury's Case.  

Homage forfeit for refusing to make a presentment.  If a Jury or Homage of the Manor after Oath taken to present the Articles of the Court, refuse to make a presentment according to their Oath, If they are Copy-holders', this is a Forfeiture of their Estate, Dyer 4 El. 211.   

As to Misfeazance, what acts made or done by a Copyholder shall be a Forfeiture.  
Note, Every act that makes a Forfeiture, aught to be 1st. To the disherison of the Lord, 2ly. A voluntary act against the Custom; therefore a Trespass on the Demesns of the Lord is no Forfeiture.   

As to making Leases not warranted.  
For the Lord of a Manor to avoid a Lease for a Forfeiture, by making a Lease contrary to the Custom, 
There must be certain proof of such a Lease.  there ought to be direct proof made of a Lease certain, with beginning and ending certain; so to make any other act or thing a Forfeiture, this must certainly appear to the Court; and the Oath of a Stranger in the Lord's Court to the Homagers, That a Copyholder had made a Lease for ten years, that so the Homagers may find and present the Forfeiture, shall not be of force, especially the Copyholder continuing in possession, and dying seized of his Copyhold Estate, and this never came in question till after his death, 1 Bulstr. 189. Hamlen's Case.  
Copyholder for Life makes a Lease for a year, 
A Lease made for years, excepting two days in each year, etc. is a Fraud, and shall be a forfeiture.  and afterwards makes a Lease to the same party for another year, to commence one day after the first year, and another Lease for another year to commence at a day after the second year, and after surrenders his Copyhold to the Lord; the Lord enters and makes a Lease to the Plaintiff in the Ejectment: Per Cur. 1. Although the general Custom of the Realm allows a Copyholder to make a Lease for one year, this aught to be in present, and he cannot make one for another year in reversion. 2. The Lease in reversion was a Forfeiture, and when the Surrender was made to the Lord, this Lease was void against him, and his Interest discharged without presentment and seizure for the Forfeiture, for which his Entry was lawful, and Judgement pro Quer. Jones 249. Mathews and Weston, 1 Bulstr. 215. mesme Case. Rolls Abr. 510. mesme Case.  
This Case is thus Reported by Rolls: If a Copyholder for Life agrees to make three several Leases by Indenture, the one to commence after the other, there being two days between the end of the first and the commencement of the seccond, and so between the second and the third, and after he executes them at one time, this is a Forfeiture; for this is apparent Fraud, and a greater Estate than for one year passeth presently, Rolls Abr. 508. Mathews and Weston.  
If a Copyholder makes a Lease for one year, and covenants, that after the end of this year he shall have the same for another year, and so in this manner de anno in annum, during the space of ten years; this is no such Lease as shall make a Forfeiture of his Copyhold Estate, because he hath no lawful Lease but for one year only, 1 Bulstr. 187, 190. Hamlen's Case,. 6 Rep. 35. b. Ploughed 237. b. Cro. Jac. 301. the Lady Mountagues Case.  
A Copyholder makes a Lease for an year; excepting the last day of the year, and so from year to year, excepting the last day of every year as long as he lived: The Question was, if this were such a Lease as would cause a Forfeiture; for it was not a Lease for an entire year, neither is it a Lease for two years together: Per Cur. it is a Forfeiture. It's a certain Lease for years excepting two days, which is a Lease in effect for more than one year, Cro. Jac. p. 308. Lutterel and Weston.  
A Lease for three years by Parol is a Forfeiture, whether the Lessee enter or not, 
Lease Parol.  and this for the unlawful Contract made to the disherison of the Lord; and a Lease to commence at a day to come is a Forfeiture, 
Lease to commence at a day to come.  because it is not avoidable by any of the Parties, Moor, n. 508. East and Harding; and so in Harding and Turpin's Case, Hetly, p. 122. If a Copyholder make a Lease for years, to commence at Michaelmas next, it's a Forfeiture presently; and so Cro. El. Jackman's Case 351. A Lease for years of Copyhold Land, by Indenture or Parol, is a Forfeiture, unless there be an express Custom to warrant it, So Cro. El. East and Harding's Case.  
The Lord licenceth a Copyholder to make a Lease of his Copyhold for 21 years, to begin at Michaelmas following, and he made a Lease accordingly by Indenture, and also before Michaelmas by Deed made another Lease for 21 years, to begin at Michaelmas following, 
By concurrent Lease.  Per Anderson, the making of the second Lease was a Forfeiture; the Licence is satisfied by the first Lease, and so the second Lease is without warrant, Moor, n. 329.  
If a Copyholder Lease for three years by the Custom, and he leaseth for three years, 
A Lease from three years to three years.  and so from three years to three years, unto nine years, this is a Forfeiture, for this is a Lease for six years at least, 1 Rolls Abr. 508. Luttrel and Weston.  
T. Let Copyhold Lands to W. by Articles of Agreement, with promise and Covenant to hold for a year to halves, at such a Rent, according to the Custom of the Manor, and so from year to year for five years; the Question was, If this be a Forfeiture? And by the Justices in C. B. 19 Car. 2. in the Case of Lenthal and Wallop against Thomas, 
A Covenant and not a Lease, and so no Forfeiture.  It's no Lease; A Covenant to hold to halves makes a Lease in no case. A covenant and promise that J. S. shall have my Lands for five years, may be a Lease where a Lease may be made, especially where the words Covenant and Agreed is added, but only by a favourable construction of Law, which shall never work a Forfeiture, 2 Keb. p. 267.  

Lease for years not warranted, is no disseisin to the Lord.  Note, Lease for years by a Copyhold, though it be a Forfeiture, yet it's not any disseisin to the Lord, 8 Rep. 44. Noy, 92. Therefore Infant Copyholder in Fee, leaseth for years, sans Licence, rendering Rend, at full Age he accepts the Rent, and after ousts the Lessee. The Lessee brings Ejectment, and Judgement for him, Per Cur. this Lease may be affirmed by acceptance; and agreed that such a Forfeiture doth not bind an Infant.   

What Alienation shall be a Forfeiture, and what not.  
Surrender by a Tenant for Life to the Use of another in Fee, is no Forfeiture, Moor, n. 983. Oldcot's Case.  
If Tenant for Life of a Copyhold suffer a Recovery, as Tenant in Fee, this is no Forfeiture of his Estate, for the freehold is concerned; and it is in a Court Baron where there is no Estoppel, Mod. Rep. 199. Bird and Kick 200.  
If he make a Deed of feoffment and no Livery, it's not a Forfeiture; nothing passeth, and so it's no alienation; aliter of a Lease, Quaere, if the Feoffment be with Letter of Attorney, Co. Lit. 59   

Of Forfeitures by Waste.  
If a Copyholder erect a new House upon his Copyhold without Licence, 
Waste. Erecting a new House.  this is not any Forfeiture, for this is for the melioration of the Tenement, 1 Rolls Abr. 507. Cecil and Cave. 
A Mill.  If he erect a Mill upon his Copyhold, it is a Forfeiture, by Dodredge, Lach. p. 123. in Grey's Case.  
If a Copyholder build an House upon his Copyhold, and after pulls it down again, this is a Forfeiture, 1 Bulst. 50. Brook and Bear.  
Where the Lord hath any other recompense, the Law will not make any Forfeiture, as Custom to amerce or fine for Hedges Enclosing, Lit. Rep. 267. in Paston and Utbert's Case.  
If a Copyholder commits waste against the Custom of the Manor, it is a Forfeiture, 4 Rep. 27. Clifton's Case.  
Voluntary waste is a Forfeiture of the Copyhold, by the Common Law; 
Voluntary permissive.  but negligent waste not, without a Custom, Per Anderson and Walmsly, Noy p. 51. in Farmer and Ward's Case, Vide infra, Co. Lit. 63. a.  
If a Copyholder suffer the House to decay and to be wasted, this is a Forfeiture, 1 Rolls Abr. 508. Rastal and Turnor: 
Stranger commits Waste.  But if a Stranger commit waste upon the Copyhold, without the assent of the Copyholder himself; this is not any Forfeiture of the Estate of the Copyholder, 4 Rep. 27. Clifton's Case.  
If a Copyholder for Life cuts down Timber Trees, the Lord may take them: 
Under-Lessee cuts down Timber Trees.  If Under-Lessee for years of a Copyholder, cuts down Timber, it shall not be a Forfeiture of the Copyhold Estate, Stiles, p. 233.  

Cutting Timber Trees.  If a Copyholder cut down great Trees (viz. Elms) to repair his Copyhold House, which is in decay, and employ them accordingly, this is not any Forfeiture, because the Law allows this to him, without any Custom to warrant it, M. 38, 39 El. B. R. East and Harding's Case. So, if he cut down two great Trees for that purpose, and only employ one of them, yet this is not any Forfeiture, for a man cannot precisely know what is sufficient, ibid. But if he lets them lie, and suffers them to rot, this is a Forfeiture.  
If a Copyholder for Life cuts down great Trees, this is a Forfeiture, and if a Custom for so doing is alleged, it is unreasonable and not good, Cro Car. 220. Rockey and Higgins.  
If a Copyholder fell Trees, it's no Forfeiture, because it may be for the reparation of the House; but an act afterwards, as selling them, may cause a Forfeiture, 9 Rep. 76.  

Ampuattion of Top-boughs.  A Copyholder by the common Law may lop off under Boughs without especial Custom; but the amputation of the Top-boughs will cause the putrefaction of the whole Tree, and so that is Waste, and a Forfeiture, Cro. El. 361. Drawbridge and Cox.  
Dodderidge put the Question in Cornwallis' Case, 227. If Tenant permit waste, and after repair, may the Lord enter? Per Hicham, it was once a Forfeiture and so remains.  
If the Lord grant to his Copyholder the Trees growing upon the Land, and which afterwards shall grow, and that it shall be lawful for the Tenant to cut and carry them away; The cutting down the Trees is no Forfeiture of his Copyhold, because he had dispensed with the Forfeiture by his Grant, but he cannot cut the Trees that shall grow after, for as to them the Grant is void, Moor, n. 234.  
As to waste about Trees, Vide sub titulo Customs.  
If there be no Custom to the contrary, 
Waste.  waste either permissive or voluntary of a Copyholder is a Forfeiture of his Copyhold, Co. Lit. 63. a. Vide supra.  
The manuring of Land to Hop Ground, was agreed to be a Forfeiture.  
If the Copyholder convert part of the Land into a Piscary, it's a Forfeiture, Lit. Rep. 267, 268. in Paston and Utbert's Case.   

Of Forfeiture by Attainder of the Tenant.  
Custom of the Manor was, if any Copyholder within the Manor committed any Felony, and this was presented by the Homage, that the Lord may take and seize the Land. A Copyholder committed Felony, and this was presented by the Homage, and after the Copyholder was Indicted, and by Verdict Acquitted, and the Lord entered: Per Cur. It's a good Custom, but they delivered no Opinion, whether the Lords Entry in this case was lawful, though it seems the Lord is concluded and he cannot enter; to which purpose there is cited a pretty Case. A man was Indicted as principal for the death of J. S. and another as accessary in receiving the principal, after the principal was Outlawed, and the accessary hanged, and the Lord seized the Land of the accessary as Escheat. Afterwards came the principal and reversed the Outlawry, and was found Not Guilty, and the Heir of him which was hanged entered upon the Lord; adjudged, inasmuch as there cannot be an accessary unless there be a principal, that the Entry of the Heir was lawful, 2 Brownl. 217. Gittins and Cooper; So it's a good Custom in 1 Leon. p. 1. Burnford and Packington.  
Copyholder for Life was arraigned for Felony and convicted, and prayed his Clergy, whereupon the Plaintiff, as Lord, entered for the Forfeiture, without alleging any special Custom or Attainder, Q. 2 Keb. 451, 456. Jury and Pawlet.   

Of other acts which are Forfeitures.  
If a Copyholder forgeth a Customary, containing divers false Customs, and pretending them to be true Customs; Quaere, if this be a Forfeiture, 3 Leon. 107, 108. Tavernor and Cromwell.  

By Enclosure.  Custom is, That the Lord hath a Field-course for five hundred Ewes, over the Lands of the Copyholder, from Michaelmas till Lady-day, in all the Lands of the Copy-holders', not enclosed; the Custom was too, That if they did Inclose he might Fine them; Per Cur. Enclosure is no Forfeiture, Paston and Utbert, 5 Car. 1. Hutton, p. 102. Lit. Rep. 246. mesme Case.  

Rescous.  Rescous by a Copyholder is a Forfeiture.  

Replevin by a Copyholder.  If a Copyholder bring a Replevin, it is a Forfeiture, 1 Rolls Rep. 48. in the case of Warn and Sawyer.  

Outlawry.  A Copyhold is not forfeited by Outlawry in a personal Action, for the Lord is not prejudiced by it, and yet the King shall have the Profits.  

Enclosure.  Bare Enclosure is not Forfeiture of a Copyhold, Hetly, p. 7, 8.  
The manuring of Land to Hop Ground, was agreed to be a Forfeiture.  
If Doal Marks are about a Copyhold, and the Copyholder makes such Ditches that he defaceth the Doal Marks, this may be a Forfeiture, for in time it may prove to the disheritance and loss of the Copyhold.   

What Acts of the Husband shall forfeit the Wife's Land or not.  
Feme Copyholder of Inheritance takes Husband, Husband makes a Lease for years; 
Lease of a Copyhold shall not bind the Wife's Estate of Inheritance.  the Lord enters for a Forfeiture; Husband dies, the Feme dies; the Heir of the Wife enters, and his entry was adjudged lawful, Palmer's Rep. 387. Savern and Smith. 35 El. Sandley's Case. 2 Rolls 344. mesme Case.  
Denial of Rent by the Husband shall be a Forfeiture against the Wife, and so shall waste. 
Denial of Rent by the Husband.  (Quaere, if waste be not a Forfeiture by the Statute of Gloucester, which extends to Copy-holds) but not collateral acts; as cutting Trees etc. By Doddridge, waste at Common Law by the Husband shall bind the Wife, but not a Feoffment; and he took this difference; 
Diversity▪  where the Copyhold came to the Woman after Coverture, his Forfeiture shall not bind her, for than it cannot be said it was her folly to take an Husband that would forfeit, etc. Palmer's Rep. 387. Savern and Smith.  
If a Feme Copyholder pur vie, 
Waste committed by Husband.  takes Husband who commits waste, this shall bind the Wife; and the difference is as to this and the Husbands making a Lease. In waste the Forfeiture goes to the Inheritance of the waste, which continues for ever; but in Savern and Smith's Case this Forfeiture determines with the Lease: But if a stranger commits waste without the assent of the Husband, 
By Estranger.  this is no Forfeiture, 4 Rep. 27. Clifton and Molineux, Vide pluis infra.  
A Feme Copyholder takes an Husband, who lets the Land for more years than the Custom doth warrant; it is Quaere, whether this shall bind the Wife, as a condition in Law, Per Wray. If the Husband deny to pay the Rent, or to do Suit of Court, these are present Forfeitures which shall bind the Wife, for they are things that the Lord must of necessity have; but Quaere, of the Lease, saith the Book, Cro. El. 149. Head and Challener: But it hath been resolved ut supra, in Savern's Case.   

Who shall take advantage or enter for a Forfeiture, and of what Forfeitures or not.  

After a Copyhold is dismembered from the Manor, yet of what Forfeitures, the Grantee or Feoffee shall▪ take advantage.  It was a Question in East and Harding's Case, If the dismembering of the Inheritance of the Copyhold Land by the Feoffment of the Manor, had disabled from taking the advantage of the Forfeiture. It was ruled with this difference, that all Forfeitures which accrue by reason of any matters of the Court, are discharged, but not Forfeitures at Common Law, as Waste, or Leases made to the disherison of the Lord, but the Feoffee of them made in his time, shall enter and take advantage thereof, Moor, n. 508.  

Lessee for years. Dom. pro tempore.  Lessee for years of a Manor shall take advantage of a Forfeiture committed by a Copyholder, for he is Dominus pro tempore, East and Harding's Case: So Tr. 10. Jac. B. C. Rowls and Mason. Lessee for years shall take advantage of a Forfeiture by waste, after his Lease, made, and before the commencement of his Term, Moor, n. 508.  
If the Lord of a Manor, in which are Copy-holders', Tenants of the Manor, and the Lord grant to a Stranger the freehold of a Copyhold in Fee, although by this his Tenement is divided from the Manor, and not demisable per Copy again; yet the Grantee of the freehold shall take advantage of a Forfeiture committed after by the Copyholder, for he ought to pay his Rent to the Grantee. So in this case, if the Grantee of the Franktenement make a Lease for years of the Franktenement, this Lessee for years shall take advantage of a Forfeiture committed after by the Copyholder, for that he is Dominus pro tempore, 1 Rolls Abr. 509. East and Harding, Cro. El. 499. mesme Case. For Copyholder as to the Forfeiture of his Estate, remains in all degrees as before the severance thereof from the Manor.  
If a Copyholder makes a Lease for years, 
Where Lessee or Feoffee shall take advantage.  which is a Forfeiture at Common Law, and afterwards the Lord make a Feoffment, or a Lease for years of the freehold of this Copyhold to another, the Feoffee or Lessee shall not take advantage of it, for the Lease of the Freehold made by the Lord before Entry, is an assent that the Copyholder shall continue his Estate, and so is in nature of an affirmance, or confirmation of the Lease, Owen, p. 63. Pen and Merival: But  
If the Lord of a Copyholder for Life, 
Where he shall.  Lease the Copyhold for years, to commence after the end, forfeiture or determination of the Tenant for Life, and after the Tenant for Life commits a Forfeiture, by making a Feoffment, if the Lord will not enter for the Forfeiture, yet the Lessee for years may, 8 Rolls Abr. 858. Mere and Ridealt.  

He in Remainder.  Copyholder for Life, the Remainder for Life commits a Forfeiture, he in the Remainder shall not enter, but the Lord, because the Remainder is to commence in possession after the death of the Lessee by the Custom.   

Where the Lord shall take advantage before Presentment, or not.  

Presentment, where material or not.  Presentment is not of necessity, but for the Lords better Instruction of the Title, and he may, if he will, take advantage of the Forfeiture before Presentment, Cro. El. p. 499. in East and Harding's Case. And therefore the distinction of Coke's Copyholder is frivolous (except the Custom is so) though as for those Offences which by common presumption the Lord himself cannot have notice without notice given, are usually presented, as if a Copyholder commit Felony or Treason, or be Outlawed or excommunicate, a Presentment seems necessary that the Lord may have the profits of his Copyhold Land. So if a Copyholder alien by Deed, or do a thing notorious (as cutting down and selling of Trees of the Copyhold Land by the Tenant,) it's not material whether it be presented by the homage or not, 3 Keb. 641. Pascal and Wood's Case. The presentment is to give notice to the Lord, and not to entitle him, and he may take notice if he will, Lach. p. 227.   

Where and in what Cases the Forfeiture of one Copyhold is the Forfeiture of another, and where and in what Cases not, as to Estate or persons.  
Divers Copy-holds were granted by one Copy, and several Habendums, and several Reddendums for every of them, 
What Forfeiture of part shall be of the whole or not.  and they all began at one time, and were to end at one time; the Copyholder commits waste in one of the Copy-holds, The Question was, Whether that should be a Forfeiture of them all. Per Cur. they are as several Grants and several Copies, and the Forfeiture of the one is not the Forfeiture of the other, Cro. El. p. 353. Tavernor and Cromwell, 24 Rep. 14. mesme Case. It's not material if the Copyhold be in one or several Copies, but if the Tenure be one or several.  
If a Copyholder make a Feoffment of one Acre of Land, parcel of his Copyhold, all the Copyhold is not forfeited by this, but only this Acre, p. 41. El. B. R. Fuller and Terry.  
But if a Copyholder cuts down a Tree which grows upon one Acre of Land, parcel of his Copyhold, this is a Forfeiture of all his Copyhold; for that the Trees are to be employed in Buildings and Reparation of the Houses and Copyhold, and therefore by the making of waste all the Copyhold is impaired, So 3 Keb. 641. Pascal and Wood  
If divers Copy-holds Escheat to the Lord, and he regrants them to another, Tenendum per Antiqua Servitia, etc. they shall be severally held as they were before the Escheat, 4 Rep. 27. And the Fines shall be several, as Hubart and Hamond's Case, 4 Rep. 28. and consequently the Forfeitures.  
Tenant for Life, 
Where the Forfeiture of one person shall be the Forfeiture of another persons Estate, and where not.  Remainder in Fee of a Copyhold, Tenant for Life commits a Forfeiture by waste, and the Lord enters, this shall not bind him in Remainder, Trin. 39 El. B. R Rastal and Turner. But the Lord shall hold it during the Life of Tenant for Life. So Custom is, upon Surrender made to one and his Heirs, if three Proclamations pass, and he doth not come in to be Admitted, that the Estate shall be forfeit. 
Remainder not forfeit by the act of Tenant for Life.  Surrender is made to A. for Life, the Remainder to B. in Fee. A. comes not in, this shall not forfeit the Remainder, Yel. p. 1. Baspool and Lond. For the Estates of A. and B. are divided Estates, and the Custom shall be intended of an entire Fee-simple given to one person, and the Custom being to bar an Estate, shall be taken strictly. It is made a Quaery in that Case of Yeluerton, If such a Surrender be made to A. and B. and their Heirs, and A. comes within the time of the Proclamations, and B. not, if A. shall have all, or that a moiety shall be forfeit? I conceive a moiety shall be forfeit to the Lord, as being joint-tenants. But Quaere farther of Copartners in such case who are but one Heir, Cro. El. 879. mesme Case.  

Lessee forfeits his own Estate and not the Estate of his Copyholder.  If a Copyholder let for years by Licence of the Lord, and after the Lessee makes a Feoffment, this shall forfeit only his Estate, and not the Estate of the Copyholder, 1 Rolls Abr. 509. White and Hunt.  
If a Woman Copyholder takes Husband, and the Husband makes a Lease for years, although the Lord enters for the Forfeiture, yet after the death of the Husband, this is no Forfeiture to the Wife, but that she may well enter, 
Where the Wife shall suffer for the Forfeiture of her Husband or not.  for this act was a wrong to the Wife as well as to the Lord, and where it is a wrong to the Wife there is no reason it should be a Forfeiture, 1 Rolls Abr. 509. Cro. Car. 7. Savern and Smith's Case. But if the Husband seized of a Copyhold in right of the Wife, do waste, this Forfeiture shall bind the Wife after the death of the Husband, for this act was not any wrong to the Wife, but lawful as to her, and only a wrong to the Lord, 4 Rep. 27. Note the difference.  
Copyhold is demised to two for Life successive, 
Cutting of Trees by Tenant pur vit, is a Forfeiture of the Remainder for Life.  where the Custom is they may not cut Trees; the first Tenant cuts, it's a Forfeiture of him in Remainder, as well as of his own Estate; if a Stranger cuts Trees, or another who occupies at their sufferance, this is a Forfeiture of the Copyhold, Moor 149. but Quaery of the last.   

What is a dispensation of a Forfeiture, or what acceptance or act shall purge a Forfeiture or not.  
The admittance of an Heir of a Copyholder by a Dominus pro tempore, 
Admittance.  is a dispensation with a precedent Forfeiture, 1 Keb. 26. Muniface and Baker.  
Admission by the Lord dispenseth with a former Forfeiture, Tothil 107. Clerk and Wentworth. Aliter had the Lord seized an Herriot.  
And yet if the Father commits a Ferfeiture and dyeth, and the Son is admitted as Heir by descent, this purgeth not the Forfeiture, because the Father dying seized of no Estate, the Son cannot be admitted to any, Tothil, p. 107.  
If the Tenant be amerced, 
Amerciament.  the amerciament dispenseth with the Forfeiture, though the amerciament be not estreated or levied, 1 Leon. 104. Sir John Braunches' Case.  
If a man comes into a Copyhold tortiously, 
Disseisor is admitted by the Lord, and he makes a Lease not warranted, a Release from the Disseisee purgeth.  and is admitted by the Lord, and afterwards he makes a Lease for three Lives, which is a Forfeiture, yet if he that hath the pure right to the Copyhold, Release to the wrong doer before the Lord enters, that is good, for until the Lord enter he is Tenant in fait, 4 Rep. 15. I Brownl. 149. in Odingsal and Jackson's Case, Quaere.  

Acceptance.  Copyholder sold Timber off the Land; Lord enters, Copyholder dies; Lord seizes a Beast, the Heir brought Trespass: the Plaintiff justified the seizure for an Harriot, Per Cur. in Ejectment, this being the Defendants Evidence. Justification for Harriot Service or Seisin of Ancestor, is an acceptance of Heir as Tenant, and purgeth the Forfeiture; contra on Acceptance, Justication or Avowry for Harriot Custom; but now there being an actual Entry in the Life-time of the Ancestor by the Lord for the Forfeiture, no acceptance after will purge it, 3 Keb. 641. Pascal and Wood  

Repairs of waste.  If a Tenant permit Waste, and after repair, yet it seems this doth not purge the Forfeiture, Lach. 227. But Moor, n. 508. is contra. If a Copyholder cut down Trees without a Custom, it is a Forfeiture, unless it be for Reparation. Note, The Repairing with Timber, though after five years cut, and after Action brought, is a dispensation of the Forfeiture.  

Affirmance or confirmation by the Lord, Feoffment or Lease of the Freehold.  If a Copyholder makes a Lease for years, which is a Forfeiture at common Law, and afterwards the Lord makes a Feoffment or a Lease for years, of the Freehold of this Copyhold to another, the Feoffee or Lessee shall not take advantage of it, for the Lease of the Freehold made by the Lord before Entry, is an assent that the Lessee of the Copyholder shall continue his Estate, and so is in nature of an affirmance or a confirmation of the Lease, Owen, p. 63. Pen and Merival. So the difference is, when the Lord enters or not, and also whether the Forfeiture be committed before the Lord's feoffment, etc. or after.   

Whether Forfeiteres in the time of the Ancestors of the Lord shall descend to the Heir.  
Copyholder doth waste, the Lord dies, 
Where the Heir shall not take advantage of a Forfeiture.  the waste is presented in the Court, and the Lords Heir enters, the better Opinion is, he cannot enter. Per Dodderidge, Actions ancestrel shall descend to the Heir, but not Forfeitures, which is in the Will of the Lord to take advantage or not, Palmers Rep. 416. Cornwallis and Hammond, 18 Eliz. in Harpers Rep. cited by Lach. p. 227. in Cornwallis' Case. The Case was, Lord and two Copartners, Copy-holders', the one makes a Feoffment, and the Lord makes a Lease of the Manor, the Lessee shall not take advantage of this Forfeiture, because he is not privy to the Title; but if the Lessor dies, it was agreed the Heir should take advantage of it. Ideo Quaere.  
It's a mischievous Case if the Lord should be suffered to rake up old Forfeitures, a long time past, and yet on the other side there is no reason that the Lords should be abridged of their Rights. And it's adjudged 2 Siderfin, p. 8. Chamberlain and Drake's Case, That the succeeding Lord shall not take advantage of waste made in the time of the preceding Lord.   

Upon Entry for a Forfeiture, who shall have the Emblements.  
Upon Entry by the Lord for a Forfeiture, he shall have the Emblements then growing, as if a Feme Copyholder durante viduitate, sows the Land, and before severance takes a Husband, the Lord shall have the Emblements, for her own act is the cause of the determination of the Estate: If such Woman let for years and the Lessee sows the Land, and after the Widow takes Husband, the Lessee shall not have the Emblements, for although his Estate is determined by the act of a Stranger, yet (as to the first Lessor) he shall not be in better case than his Lessor was, 5 Rep. Oland's Case, Vide Emblements.   

The Lord's Remedy for a Forfeiture.  
For Forfeitures presented by the homage, the Lord may distrain or seize, 1 Keb. 287. Pateson and Danges.  
By Entry, the Lord shall have the Emblements.    

CAP. XXIII.  
Of extinguishment of Copy-holds. How they are destroyed by the act of the Lord, or of the Copyholder. Where and how a Right to a Copyhold shall be Estopped, or Extinguished by Acceptance or Release. Where a Copyhold shall be suspended, and where it may be regranted.  

Where and by what acts a Copyhold shall grow extinct and destroyed for ever, and where not, and to what purposes and to what not.  
By the act of the 

Lord,  
Copyholder.    
BY the act of the Lord. And here observe two Rules.  
By the severance of the Inheritance of the Copyhold from the Manor, the Copyhold is not destroyed, for though the Copyhold must be parcel of the Manor; yet severance made by the Lord shall not destroy the Estate of the Copyholder, Custom has so fixed and established his Estate.  
In all cases where the Copyhold is gone by the Grant of the Reversion; it is not so gone but that the Tenant shall hold his Estate still, and subject to Forfeiture as before. To Illustrate this, I shall cite two or three Cases.   

That the Lords act shall not prejudice the Copy-holders' Estate.  
If the Lord makes a Lease for an hundred years, the Lands are not so severed from the Manor, as that the Copyhold is extinct, and the customary Interest is not determined, but the Lord himself hath destroyed the Custom as to the Services; for the Services reserved upon the Copy, 
Copyhold extinct as to Services, but remains as to the Customary Estate.  and the advantage of waste, and other Forfeitures are extinct: But by Anderson, the Rents and Services remain, and waste shall be a Forfeiture, though such waste cannot be found by an ordinary Presentment, and that the Lord shall have the Rents and Services, and not the Lessee; quod mirum, saith the Reporter, against his own Lease, 2 Leon. 208. Beal and Langley: But this point is well settled in Murrel and Smith's Case, 4 Rep. 25. though the Reversion of the Copyhold be granted and so severed from the Manor, yet the Copyholder shall hold his Estate, and subject to Forfeiture as before, and shall perform the same Services, (suit of Court excepted) as before, and the Custom incident to the Land, as Burrough English, Gavel-kind continue still; but Fine upon Alienations and Suit of Court and Admittances are gone.  
The Lord Grants an ancient Copyhold to S. in Fee, and after he grants the Inheritance of that Copyhold to a Stranger in Fee. S. makes his Will, and deviseth it to M. in Fee, which was surrendered at next Court. Per Cur. 1. 
Copyhold though severed from the Manor, not destroyed by the Lord's act.  By the severance of the Inheritance of the Copyhold from the Manor, the Copyhold is not destroyed, being the Lord's act. 2. The Surrender after the Severance of the said Copyhold was void, and so was the Will, for the Lands were not parcel of the Manor at the time of the Surrender, and the devise only cannot transfer for such customary Estate. 3. After the severance the Copyholder shall pay his Rent to the Feoffee, and other Services which are due without Admittance as Harriot, etc. But not Fine or Suit of Court; 
After severance Forfeitures continue.  But such Forfeitures as were Forfeitures before the Severance, as Feoffment, Lease, Waste, are Forfeitures after, 4 Rep. 24, 25.  
In Lee and Boothby's Case, Cro. Car. 521. The Question was, If a Copyholder in Fee surrender to the Lord of the Manor his Copyhold Estate, and the Lord makes a Lease for years of the Manor, and of the said Copyhold, by the name of his Tenement called H. whether it was a determination of his Copyhold? Per Curiam, it is not, because when he lets the Manor, it is included as parcel of the Manor; the Manor being demised includes the Copyhold as parcel of the Manor, and the naming of the Copyhold is surplusage: But if he (though he had been but Dominus pro tempore, or for half a year, though by parol) had made a Lease for years of the Copyhold by itself, that had destroyed the Copyhold, for it was then during that time severed from the Manor, and so could never after be demised by Copy.  
Lease for years of a particular Copyhold by name, together with the Manor, by the King, hath not so extinguished that the Copyhold (though by the surrender of it, it is parcel of the Manor in the King) but that after such Lease the Patentee of the Reversion may regrant it as Copyhold, 1 Keb. 720.  

Act of the Lord with consent of the Tenant, where it destroys it or not.  But the act of the Lord with consent and acceptance of the Tenant, will destroy the Copyhold, otherwise it shall not prejudice the Copyholder: But in some sense the Copyholder may assent and yet not be prejudiced, as in Howard and Bartlet's Case, Hob. 181. The Custom was, 
Copy hold Estate may remain to some purpose, notwithstanding the severance from the Freehold.  if Copy-holders' for Life die seized, their Wives shall have this during their Widowhood; and A. being Copyholder for Life, the Lord conveys the Freehold and Inheritance of the Copyhold of A. by the procurement of A. to J. S. a Stranger, and his Heirs, during the Life of A. Remainder to B. the Wife of A. for Life, Remainder to A. and after A. grants the Remainder to W. his Son; after this, B. the Wife of A. dies, and A. marries C. and dies seized; now though here appears the Copy-holders' privity and consent, in that he takes the Remainder in Fee, and grants it over to his Son, that it should be destroyed, and though this Copyhold Estate was destroyed before her marriage, yet the viduity of C. is not extinguished, for the Freehold being in J. S. during the Life of A. the Estate of A. was not so extinct, but the Custom shall continue quoad her. The Copyhold Estate here remains, notwithstanding the severance from the freehold; and though the Remainder was in him, and he granted it over, yet he lived and died a Copyholder; Hobart, p. 181. Howard and Bartlet, 1 Rolls Abr. 510. Cro. Jac. 573. the same Case by the name of Waldee and Bartlet.  
Copyholder in tail accepts a Feoffment from the Lord, it destroys not the Copyhold so as to conclude his Issue, Carters Rep. 6, 7.  
2. By the act of the Copyholder.  
If a Copyholder accept a Lease for years of his Copyhold, 
Acceptance of a Lease.  by this his Copyhold is destroyed, whether it be immediately from the Lord, or mediately, as was Lane's Case, 2 Rep. 16. b. The King seized of a Manor in Fee grants Copyhold Lands, parcel of this Manor, to another in Fee, by Copy of Court Roll, according to the Custom of the Manor: And after the King by his Letters Patents under the Exchequer Seal, makes a Lease for 21 years to another, of these Lands; the Lessee grants his Term to the Copyholder; afterwards Queen Elizabeth (reciting the Lease for 21 years,) grants the Reversion in Fee; the 21 years expire, and the Patentee of the Reversion enters upon the Copyholder; his Entry adjudged good; for, Per Cur. by the acceptance of the Term by the Copyholder, the Copyhold Estate was determined, as well as if the Copyholder had immediately accepted a Lease for years of his Copyhold; 
The reason of the Extinguishment.  the reason is the same in both Cases. A Copyhold Interest and an Estate for years of one and the same Land, may not stand together in one and the same person, at one time, without confounding the lesser, and if one of them ought to be determined, it ought to be the Copyhold Estate. Also they are of divers natures, and so cannot stand together in the same person; the Estate at the Common-Law cannot drown, it being the more worthy than the customary Estate, and the customary must. Vide mesme Case in Anderson 1 Rep. 191. and 1 Leon. 170. So it was resolved in Hide and Newport's Case. A Copyholder in Fee took a Lease for years, of the Manor, the Copyhold is extinct for ever, and not only during the Lease, Moor Rep. n. 330.  

Acceptance to hold the Land by Bill and not by Copy.  Copyholder accepts to hold his Land by Bill under the Lord's Hand, and not by Copy, this determines the Copyhold, 1 Anderson 199. Colman and Bedil.  
If a Copyholder takes a Lease for years of the Manor, by this his Copyhold is destroyed, 4 Rep. 21. French's Case: But such Lessee may re-grant the Copyhold to whom he will, for the Land was always demised and demisable.  
If the Lord make a Lease for Life to the Copyholder by parol, this shall confound the Copyhold, if Livery be made, otherwise not, Latch. 213.  
If there be a Lease for years, of the Manor, and one of the Copy-holders' doth purchase the Reversion in Fee, by this the Copyhold is destroyed, and the Lessee of the Manor shall oust the Copyholder, and hold the Land for the time, Calth. p. 97.   

By the Tenants Release to the Lord.  

By the Copy-holders' Release to the Lord.  If a Copyholder releaseth to his Lord, that extinguisheth his Copyhold, although it be contrary to the nature of a Release to give possession, Hutton, p. 81.  

Or to a Purchasor.  The Lord sells the Freehold interest of a Copyholder of Inheritance unto another, so as it is divided from the Manor, and afterwards the Copyholder releaseth to the Purchaser, by it the Copyhold Interest is extinct; but if the Lord be disseised, and the Copyholder releaseth to the Disseisor, Nihil operatur, 1 Leon. 102. Wakeford's Case, Cro. Eliz. 21.  
For if a Copyholder is ousted and so the Lord is disseised, and the Copyholder releaseth all his right to the disseisor, and dies, his Heir Enters and brings an Action of Trespass against the disseisor, who pleads his Franktenement. Per Cur. the Release is void, the disseisor not being admitted Copyholder.  
It hath been a Question, when a Copyholder bargains and sells his Copyhold to the Lord of a Manor, in Lease for years, whether the Copyhold Estate was extinguished. But in Hutton, p. 81. it is agreed that this Copyhold is not extinguished; but that the Lord, who is Lessee for years, is Dominus pro tempore, and may grant it by Copy, de novo.  
The Lord of a Manor demised Copyhold Lands to three Sisters, Habend. to them for their Lives successive; the eldest Sister married one C. after which, the Lord by Indenture leased the same Land to the eldest Sister, the Remainder to the Husband, Remainder to the second Sister, and no Agreement was made thereunto by the second Sister by Deed, before or after making the said Indenture; but four days after the Lease made she agreed to it in pais, and then married a Husband, 
Agreement to an Indenture by one in Remainder for Life.  and they claim the Land. The point is, if by Agreement of the second Sister, her Right to the Copyhold were extinct? The Interest of the eldest Sister is gone by her acceptance of the Estate by Indenture; now if the second Sister may come and claim her customary Interest? Per Cur. it's no extinguishment in the second Sister; and yet Judgement was against her; for Per Gaudy, none can take advantage of the eldest Sister's Estate being determined; the Lord against his Lease cannot enter or claim; and the second Sister cannot enter during the Life of the eldest Sister, for her Remainder takes effect in possession after the death of her said Sister, 1 Leon. p. 73. Curtis and Cottells Case, 28 Eliz. Trin. B. R.   

By acceptance of a new Estate of freehold.  
Baron and Feme Copy-holders', to them and their Heirs; the Baron, in consideration of money paid by him to the Lord, obtaineth an Estate of the Freehold, to him and his Wife, and to the Heirs of their Bodies. Baron dieth, having Issue; the Feme enters and suffers a Recovery, and his Heir enters, Per Statute 11 H. 7. Per Cur. the Entry is lawful, for the Copyhold by the Acceptance of the new Estate was extinguished, Cro. El. 24. Stockbridge's Case.   

Where and how Right to a Copyhold shall be Extinguished by Release.  
A man makes a Surrender of his Copyhold Land to J. S. which is not good; and after J. S. is admitted; he which made the Surrender releaseth to him being in possession, and after enters upon him. The Question was, if his Entry be congeable, and if by the Release by Deed, the customary Right of the Copyholder was extinct? And Per Cur. it is extinct by the Release; for he to whom the Release was made, was Copyholder in possession, and admitted to the Tenements, and therefore the Release of a customary right may enure to him, and the Lord hath no prejudice; for he hath received his Fine for Admittance; and he to whom the Release is made, is in by Title, (viz.) by Admittance of the Lord, and so this Release enures by way of extinguishment. And there is great difference between transferring of an Estate, and an extinguishment of a Right: 
Diversity between the transferring of an Estate, and the extinguishment of a Right.  But if a Copyholder be ousted, per Tort, there his Release to the disseisor, or other wrong doer, does not transfer his Right or Bar him. 1. Because there is no customary Estate, upon which a Release of any customary Right may enure; and then 2. It would be a prejudice to the Lord, who would lose his Fines and Services, Co. 4 Rep. 25. b. Kite and Queinton.  
In Replevin, bar to the Conisance, That K.D. was seized of the Manor of R. in Fee, and that the Tenements in which, etc. were customary held of the said Manor, and that at such a Court a Copy was granted to the Plaintiff, whereby he entered and put in his Beasts. The Defendant protesting the Premises were not customary; for Plea saith, That (before the Plaintiffs Title) J. Abbot of the Monastery of B. was seized of the Manor of R. etc. and one R. T. being seized of the customary Lands, in which, etc. in Fee, at the will of the Lord, the said R. surrendered to the Abbot, who was possessed and occupied the said Premises for divers years, and afterwards demised the said Manor for 40 years to W. M. and then surrendered the entire Manor and Abbathy to H. 8. who granted the entire Manor to the Duke of Norfolk in Fee, and he, with the assent of the Termor, made a Feoffment to Drury of the Manor, to whom the Termor surrendered his Lease; Drury dies, and it descends to his Heir, who granted the Land, in which, etc. again by Copy to Tillot, for his Life, who entered and put in his Beasts. Demurrer. The Question was, if the Custom is destroyed, or if Drury the Defendant may avoid his Grant by Copy? Note, The custumary Land was never severed from the Manor, but granted with the Manor, as part of it, and was demisable by Copy, by all the Lords of the Manor, and so it remained till the 15th of Eliz. when the Defendant granted the Copy to the Plaintiff, Winch Ent. 991, 992.   

Where a Copyhold shall be perpetually extinct, or where it shall after become a Copyhold by regrant.  

Forfeit, Escheat.  If a Copyhold Estate be forfeit or escheat to the Lord, or otherwise come into the Hands of the Lord, if the Lord make a Lease for years or for Life, or other Estate by Deed, or without Deed, this Land shall never after be granted again by Copy, for the Custom is destroyed, for that during such Estates the Land was not demised, nor demisable by Copy of Court Roll: So if the Lord make a Feoffment, and enter for the Condition broken, it shall never be granted again by Copy: But if the Lord keep it in his Hands a long time, or let this at will, than he may re-grant it, Lach, p. 213. 1 Rolls Abr. 498. Downcliff and Minors.  
So if the interruption be tortuous, as if the Lord be disseised, and the disseisor die seized, or the Land be recovered against the Lord by false Verdict, or erroneous Judgement, yet after the Land recovered, or the judgement reversed, this is grantable again by Copy.  

Legal Interruptions.  But if the Land so Forfeited or Escheated, before any new Grant be extended upon a Statute or Recognizance acknowledged by the Lord, or the Lord's Wife hath this assigned to her in a Writ of Dower, though these are impediments by acts in Law, yet the interruptions are lawful, and the Lands may never again be granted by Copy, 4 Rep. 31. Frenches Case.  
If Copyholder takes a Lease for years of the Manor, by this his Copyhold is destroyed; but such Lessee may re-grant the Copyhold again to whom he will, for the Land was always demised or demisable.  
If a Copyhold be surrendered to the Lessor of a Manor, or be Forfeited to him; he, his Executors or Assigns may well re-grant it to him again.  
If a Copyhold Escheat to the Lord, 
Escheat.  and he alien the Manor, by Fine, Feoffment, etc. his Alienee may re-grant this Land by Copy, for it was always demised or demisable; but if it be a particular Copyhold Estate, otherwise, as was said in the beginning of this Case, 4 Rep. 31. Frenches Case.  
If a Copyholder sue Execution of a Statute against the Lord of a Manor, 
Not destroyed by execution of the Manor at the Copy-holders' Suit.  and had the Manor in Execution, and after the Debt is levied, the Interest of the Copyhold remains, Per Manwood, Heydon's Case, savil Rep.  
A Copyholder in Fee marries a Woman, 
Suspended.  Seignioress of the Manor, and after they suffer a Common Recovery, which was to the Use of themselves for Life, Remainder over; by some the Copyhold is extinct, for by the Recovery the Husband had gained an Estate of Freehold. But Per Cur. by the inter-marriage it was only suspended, Cro. El. p. 7. Anonymus.  
If a Copyholder accept of a Lease for years of the Manor, or marry the Lords Wife, by this the Copyhold is not extinct, but suspended.  
If a Copyhold be granted to three for Lives, 
Suspended.  and the first of them take an Estate by Deed, with livery from the Lord, by this the Copyhold for that Life is suspended, Dyer 30. 4 Rep. 31.  

No prejudice to the Wife, or to him in reversion.  Baron seized of a Manor in right of his Feme, let Copyhold Land, parcel thereof, for years, by Indenture, and died; this doth not destroy the Custom as to the Wife, but that after the death of her Husband she may demise by Copy, as before: So  
If Tenant pur vie of a Manor, let a Copyhold, parcel of the Manor, for years, and dies, it shall not destroy the Custom as to him in Reversion, Cro. El. P. 38 Eliz. Conesby and Rusketh; for being Tenant pur vie, he may not do wrong by destroying of Customs.  
King H. 8. grants Lands, being parcel of Copyhold of a Manor, without reciting this to be Copyhold, to Sir J. G. pur vie, Sir J. G. morust. Queen Mary grants the Manor to Susan Tenny in Fee, who let the Manor for years to Lee. Lee, before his years expired, grants the Land in question to R. L. in Fee, according to the Custom of the Manor: Lee's years expire. R. L. let to Field at will, and the Defendant enters as Heir to Tenny. Judgement pro Quer. 
Suspension and not Destruction of a Custom. King's Prerogative.  The Grant of the King is but a suspension and no destruction of the Custom: And though the Maxim is, It ought to be demised and demisable, etc. yet this holds not in the case of the King, 2 Siderfin, p. 142. Vide contra, 1 Rolls Abr. 498. Downcliff and Minors. Vide sub. Tit. Grants by the Lord.  
As to the escheating of Copy-holds; after escheating it cannot properly be called a Copyhold, 
Escheat.  except it be because there is power in him to re-grant it as Copyhold. Were it by Custom that the Wife shall be endowed of the intierty or moiety, and such customary Copyhold Lands Escheat and the Husband dies; 
The Wife not to be endowed after Escheat.  his Wife shall not be endowed of the intierty or moiety, because the Custom as to her is extinct, 2 Siderfin 19  
A Copyhold Escheated may be demised, notwithstanding the Lord's Continuance of it, in his Hands above 20 years, 2 Keb. 213. Pemble and Stern.  
Note, If the Copyholder of a Manor hath had time out of memory, 
Copyhold extinct, but not a Way over the Copyhold Land.  a Way over the Land of another Copyholder, and he purchaseth the Inheritance of his Copyhold, by which the Copyhold is extinct, yet by this the Way is not extinct, 1 Rolls Abr. 933. Empson and Williamson.    

CAP. XXIV.  
How and where Copyholder shall hold his Lands charged or not by the Lord, or Copy-holders', as Dowers, Rent-charges, Statutes: And how and where they shall be avoided.  
THE Lord of a Manor (in which were Copy-holders' for Lives) takes a Wife, 
Dower of the Lords Wife.  and after a Copyholder dies; the Lord after Coverture grants the Lands again, according to the Custom of the Manor, for Lives, and dies; the Lords Widow shall not avoid these Grants, in a Writ of Dower, yet the Custom, which is the Life of the Grant, was long before, 4 Rep. 24.  
If Feoffee of a Manor, upon Condition, make voluntary Grants of Copyhold Estates, according to Custom, and after the Condition is broken, 
By Feoffee a Manor upon condition.  and Feoffee reenters, yet the Grants by Copy shall stand. Earl of Arundel's Case, cited in Co. 4 Rep. 24.  

Copyholder by voluntary grant, not subject to the Lords Charges.  The Copyholder which comes in by voluntary Grant shall not be subject to the Charges or Encumbrances of the Lord before the Grant, 8 Rep. 63. Swain's Case.  
Lord of a Manor (where the Custom was of Land demisable, for one, two or three Lives, that he that was first named in the Copy should enjoy it only for his Life, and so the second, 
The Remainder preserves the Estate from Charges.  etc.) grants it to J. P. and E. and M. his Daughters for their Lives; if the Lord had charged the Inheritance of the Copyhold, J. P. shall not hold it charged during his Life, for the mean Estates in Remainder preserve the Estate of J. P. by Copy from the Encumbrances of the Lord, 9 Rep. 107. Margaret Podger's Case.  

Rend charge.  Earl of W. seized of Manor by Copy, grants a Rent-charge to Sir W. Cordel for the term of his Life, and conveys the Manor to Sir W. Clifton in tail, the Rent is behind; Sir W. Cordrel dies, the Manor descends to Sir John Clifton, who grants a Copyhold to H. The Executors of Sir W. Cordel distrain for the Rent: Per Cur. the Copyholder shall hold the Land charged, 2 Leon. p. 152. and 109. Cordel and Clifton. But it hath been adjudged, That the Wife of the Lord shall not be endowed against the Copyholder; for the Title of Dower is not consummated before the death of the Husband, so as the Title of Copyholder is completed before the Title of Dower; and in this Case the Seisin and possession continues in Sir John Clifton, who claims only by Sir William Clifton, who was the Tenant in Demesn, who ought to pay the Rent.  
Lord and Copyholder for Life be; the Lord grants a Rent-charge out of the Manor, 
Rend charge by the Lord upon the Manor.  whereof the Copyhold is parcel; the Copyholder surrenders to the Use of A. who is admitted accordingly, he shall not hold it charged; but if the Copyholder dyeth, so that his Estate is determined, and the Lord granteth to a Stranger, de novo, to hold the said Land by Copy; this new Tenant shall hold the Land charged, 1 Leon. p. 4.  
Lord of a Manor (where Lands were dedemisable for one, two or three Lives,) in which Manor was a Custom, that the Lord for the time being, might grant Copyhold Estates for Life, in Reversion; the Lord granted such Lands for Life, by Copy in possession, took a Wife, and granted the same Copyhold to a Stranger, in Reversion, for Life, and died, the Copyholder in possession died; this Land (inter alia) is assigned to the Wife for her Dower; 
Dower.  the Copyholder shall hold the Land discharged of the Dower, 1 Leon. p. 16. Cham and Dover's Case.  
In Cham and Dover's Case, is cited the Case of Slowman, who being Lord of a Manor (ut supra) by his Will devised, That his Executors should grant Estates by Copy, and died, having a Wife; the Executors make Estates accordingly; 
Dower.  the Wife in case of Dower shall avoid them, Dyer 344. and 1 Leon. p. 16.  
Lord of such a Manor is bound by Recognizance, 
Recognizance.  afterwards a Copyholder for Life dyeth; the Lord granteth his Copyhold de novo, the new Grantee shall hold the Land discharged of the Recognizance for the Copyholder is in by the Custom, which was paramount, 1 Leon. p. 16.  

Granted upon an Escheat, shall avoid Charges.  The Lord of a Copyhold Manor, where Copy-holders' are for Life, grants a Rent-charge out of all the Manor; one Copyhold Escheats, the Lord grants that again by Copy; the Grantee shall not hold it charged, because he comes in above the Grant, (viz.) by the Custom; the same Law of Statutes, Recognizances, Dower; and Dyer 270. is deemed for Law, in Swain's Case.  

Copyholders Beasts distrainable or not for a Rend charge.  If one is seized of Rent-charge by Prescription, issuing out of the Manor of D. yet it seems he may not distrain the Beasts of the Copy-holders' of the Manor, unless they have been used to be distrained, for that they are in by Prescription also, and so as high as the owner of the Rent; but it is clear, That if the owner of the Rent had this by Grant or otherwise, and not by Prescription, that the Copy-holders' Beasts cannot be distrained for this, 1 Rolls Abr. 669, 670. Cannon and Turner.  
But by Coke Chief Justice. If a Copyholder be of 20 Acres, and the Lord grants Rend out of those 20 Acres, in the Tenure or occupation of the said Copyholder (and names him) there, if this Copyhold Escheat, and be granted again, the Copyholder shall hold it charged, for this is now charged by express words, Brownl. 208. Sammer and Force.  
Tenant by the Courtesy for Life or years of a Manor; a Copyhold comes to his Hands by Forfeiture or Determination, and then he was bound in a Statute; 
Statute by the Lord.  and afterwards demised the Land again. Per Cur. this Copyhold shall be liable to the Statute, because it was once annexed to the freehold of the Lord, and bound in his Hands: But if a Copyholder bind himself in a Statute, 
Statute by the Copy holder. Diversity.  it shall not be extended, for he had not but an Estate at will, and this diversity was agreed, in Moor, n. 233. Anonymus.  
Lord of a Manor being summoned upon a Jury, lose Issues, 
Process for Loss of Issues.  Process shall issue out of the Exchequer to levy them upon the Lands of the Copyholders, and Lessees for Life and years, parcel of the Manor; for the loss of Issues lies upon the Land as an inherent Servitude by the Law, into whose Hands soever it comes, and this is the common practice of the Exchequer.   

CAP. XXV.  
Of Harriots. The Nature of Harriot Service and Harriot Custom, and of their Differences. What Custom for Harriots are good or not. Where they shall be apportioned, and by whose acts. Who shall pay Harriot or not. And the Plead.  

Of Harriots.  
HArriots being one of the ancient Services now most esteemed, and kept up, and many Copy-holds being Harriotable, I shall Treat of Harriots, chief intending Harriot Customs, and so far of Harriot Services, as to render the whole Intelligible.  
The Normans upon parcelling out their Lands to inferior Tenants, invented this Service, and termed it Harriot Service; and afterwards upon Enfranchisement of their Villains, Harriot Customs were given to the Lords for a future continued gratulation, and so originally they were de gratia, but now they are de jure.  
It is the best Beast (or other thing) that the Tenant hath at the time of his death, and this shall be paid before a Mortuary; but the Lord if he will may seize the worst, and that seizure gives him property, Hob. p. 60.16 H. 7.5. Co. Lit. 185. b.  
Harriots may be by Tenure, Custom, or Reservation, Ploughed. Com. Redsole and mantle.  
There are two sorts of Harriots, Harriot 

Service,  
Custom.   And the nature of them both will be best explained by these diversities.  
Harriot Service is generally expressed in a man's Grant or Deed, by which it is reserved, and is in these words, or to this effect, ac etiam per servitium reddendi post mortem cujuslibet tenentis deceden. seisit. optimum animal. etc. 1 Anderson 298, 299. Odiam and Smith; But Harriot Custom is only due by Custom time out of mind, and may be paid after the death of Tenant for Life, Terms deal Ley.  
Harriot Service is extinct by Purchase of parcel, but not Harriot Custom, Co. Lit. 149. b.  
It hath been made a question in our Books, whether the Lord may seize for Harriot Service, but it is agreed he must seize for Harriot Custom, Plowd. 96. a.  
In the Case of Woodland against mantle, it is said the Lord may seize for Harriot Service; but Anderson 1. p. 298, 299. in Odiham and Smith's Case saith, he ought to distrain, and not to seize; so is Sergeant Benlows p. 18, 39 But the Law is settled in Cro. Car. 260. Mayor versus Brandwood, and that it is at the Lords election either to seize it or distrain it if he can find it, though the pleading seem to justify it; for in Replevin if one justify for Harriot Custom, it's no Plea for the Plaintiff to say, that the place where is horse de son Fee, for that he claims this Harriot as his proper Gopds, and may seize it wherever he finds it, Bendl. p. 18, 39 For the Lord may seize for an Harriot Custom in the Highway, 2 Inst. 132.   

What Custom for Harriots shall be good or not.  
Custom was, That if the best Beast be esloigned, than the Lord had used to seize and take the best Beast of any other being Levant and Couchant upon the Land; it's a void and unreasonable Custom: So if it be the Goods of any Inhabitant or Dweller, Dye 199. b. Paxton's Case, Benl. p. 39 bis. Co. Ent. 666.  
The Custom of having an Harriot, whether the man had Goods or not, is a void Custom, Carter's Rep. p. 86.  
A Custom, That the Lord shall seize the Beasts of a Stranger for an Harriot, it is not good, because it altars the property; but a Custom, That he shall distrain the Goods in such Case, it is good, because it is as a Pledge, 2 Leon. p. 725. Parker's Case.   

Where Harriot shall be apportionable or not.  
By the Act of the 

Lord.  
Tenant.    
Lord and Tenant by Fealty and Harriot Service, and the Lord purchaseth part of the Land, the Harriot Service is extinct, because it is entire valuable: Aliter, of Harriot Custom; for if the Custom of a Manor be, That upon the death of every Tenant of the Manor that dies seized of any Land holden of the said Manor, the Lord shall have an Harriot, although the Lord purchase parcel of the Tenancy, yet the Lord shall have an Harriot by the Custom of the Manor for the residue, for he remains Tenant to the Lord, and the Custom extends to every Tenant, Co. Lit. 149. b. 6. Rep. 1.2. Bruerton's Case, 8 Rep. 105. Talbot's Case 106.  
Feme by Custom is to have a moiety by Survivor; and if Harriot be to be paid for the whole, if it be part surrendered, both shall pay Harriots, 1 Keb. 356. Muniface and Baker.   

Act of the Tenant.  
If Tenant alien parcel of the Tenancy, entire Services, as Homage Fealty, Harriot, etc. shall be multiplied, Solida a singulis praestantur.  
If my Tenant who holds of me by an Harriot, aliens parcel of his Land to another, each of them is chargeable to me with an Harriot, because it is entire; and though the Tenant purchase the Land back again, I shall have of him for every portion an Harriot, 6 Rep. 1. Bruerton's Case. 8 Rep. 105. Talbot's Case, 34 Edw. 3.1.  
Copyhold was held by Rent and Harriot upon Alienation and Surrender: Copyholder aliens parts of his Copyhold to one, and part to another, and retains part in his Hands, and surrenders to the Use of the Alienees. Per Cur. the Lord shall have an Harriot upon every alienation, in case of a Copyholder, as well as a Tenant at Common Law. If they should not be multiplied, it would be in the power of the Tenant to defraud the Lord by Alienation of parcels, and in this case the Alienor pays the Harriot, because he continues Tenant, and upon every Alienation after by the Alienees they shall pay it, Palmer's Rep. 342. Sir Francis Snag against Fox, 1 Keb. 357.  
If a Copyholder being sick in his Bed doth surrender into the Hands of two Tenants, etc. to the Use of his eldest Son in Fee, and dyeth before the Surrender is presented in Court, the Lord must have an Harriot: If Surrender had been presented in Court, and Admission before the Father's death: Aliter  
If an Harriot is due to the Lord upon every descent only, and a Surrender is made by a Copyholder unto the Use of his Heirs in full Court, and to his Heirs, and the eldest Son is admitted Tenant accordingly, and the Father dyeth, the Lord shall have no Harriot.   

Who shall pay an Harriot and when or not.  
Where many Purchase Land jointly, an Harriot shall not be paid till after the death of the Survivor, 8 Rep. 105.  
If by Custom a Copyholder dies seized, he shall pay an Harriot to the Lord, and after the Copyholder is disseised, and dies during the disseisin, yet he shall pay an Harriot within this Custom, for he was Tenant in right, notwithstanding this disseisin, 2 Rolls Abr. 72. Norris' Case.  
Lease is made to A. for 99 years, if B. C. and D. or any of them so long shall live, to commence after the determination of a former Lease, rendering Rend after the commencement of the term, ac etiam post mortem B. C. & D. respective for an Harriot 3 l. B. dies before determination of the first term, and Lessor brings det. for 3 l. for an Harriot: Per Cur. no Harriot is due, because coupled with a Rent, and no Rent is due during the interest termini, but both begin together, Siderfin, p. 437. Hangon and Carve.  
Lease is made for 99 years, if I. and S. live so long, to commence after the determination of a former Lease to Sibyl, if Sibyl lived so long, reddendo 40 s. per annum, and 3 l. in the name of an Harriot, post mortem of each Cesty que vie. Per Cur. the Harriot ought not to be paid till the Lease come in possession, which is not till Sibyl die, at which time the second Lease takes effect, and this shall follow the nature of the Rent, being in company with such Rents and Services as are to be only done when the Lease comes in possession; and the Lease to Lessee for 99 years, is but a future Interest, where the Lessor hath no Reversion, nor the Lessee any term, and reddendo is a reservation, and therefore cannot take effect till there is a Reversion; but Keeling contra, this being a sum in gross, and here is an express agreement to pay after the death of either of the Parties, and agreements may reach payments as well on contingency, as where the Party hath Interest, 1 Keb. 677. Lemal against Cara.   

Who shall have an Harriot.  
A. is Copyholder for Life, of Lands Harriotable by the Custom if he die seized, and the Lord grants the Freehold of the Copyhold to B. for 99 years, if A. the Copyholder so long live; the Remainder to A. for 1000 years, and afterwards A. assigns over his Lease of 1000 years to C. and afterwards A. makes F. his Executor, and dies seized, Per. Cur. C. the Assignee of 1000 years shall not have an Harriot, because at the time of the death of A. when the Harriot became due, he was not Lord, but had only a future Interest; and if any Harriot be to be paid, the Executor of A. or the Lord in Fee shall have it, P. 15 Jac. B. R. Norris and Norris, 2 Rolls Abr. 72. This Case in March p. 23. is Reported thus: The Lord granted the Seignory for 99 years, if the Tenant should so long live; and after he made a Lease for 4000 years: Tenant for Life is disseized (or more properly ousted) and died. Two points resolved. 1. An Harriot was to be paid, notwithstanding the Tenant did not die seized, because he had the Estate in right, and might have entered. 2. He in the remainder for years should not have it; their reason was, because the Tenant for Life was not the Tenant of him who had the future Interest of 4000 years, but of him who had the Interest for 99 years; but the Court was not agreed that the Grantee for 99 years should have the Harriot; the reason of the doubt was, because that eo instant, the Tenant died, eodem instant, the Estate of the Grantee for 99 years determined.  
A Bishop is seized of the Manor of D. and he lets twenty Acres of it to A. and B. during the iives of their three Children, rendering 21 s. Rent per Annum, and also paying and delivering to the Bishop and his Successors, two of the best Beasts upon the death of every Cesty que vie. The Bishop after lets all the Manor to W. rendering the ancient Rent; one of the Cesty que vies dies: The Question was, whether the Harriot belongs to the Bishop or to W. Per Cur. 1. The Rent issues out of the entire Manor. 2. That the Harriot reserved shall go with the Reversion, Winch, p. 46, 57 Bishop of Gloucester against Wood   

Plead. What shall be a good Avowry or Conizance for an Harriot in Replevin, or a good Justification in Trespass or not, and how to be pleaded.  
If the Lord avow generally for an Harriot, without showing what the Harriot should be, whether. Beast or other thing, its sufficient, Hobart, p. 176. Shaw and Taylor.  
Exception to an Avowry was, for that in it he sets forth, That if any Tenant die seized, the Lord is to have an Harriot, and shows not of what Estate he should die seized; for in one case it may be an Harriot Custom may be due, in another case, an Harriot Service: But Per Curiam, it shows he took them, nomine Heriotorum, which is good enough, 1 Bulstr. 101. Sylliard's Case.  
Defendant saith, That all the Tenants for Term of Life, etc. after their deaths have used to pay to him an Harriot; the Avowry is insufficient. That Tenants should pay after their deaths, its repugnant: But if he had said, That he and all those whose Estate he hath, etc. have had an Harriot, it had been good; this is Harriot Custom, for Harriot Service is of Tenants in Fee, 21 H. 7.13, 15. 8 H. 7.10.  
Avowry by Harriot Service, he need not show what was the Beast he demanded, nor the kind or price thereof, Cro. Car. 260. Mayor and Brandwood.  
Bar to the Avowry, nulla habuit Animalia, Quaere Hobart 176.  
Avowry for three Oxon, Separatim pro separalibus Harriot' Cust. tunc. 3 Br. 313, 333.  
Prescription for Harriot sur Alienation, 8 H. 7.10.  
Avowry for Harriot Custom; horse son Fee is no Plea. Vide supra, Bend. p. 18. for Harriot Service, horse son Fee is a good Plea, Up. B. 110. Plowd. 96. a.  
Avowry and Distress for Harriot Service, bar by Harriot Custom, Ploughed. 94. Woodland and mantle.  
Bar for Harriot reserved upon a Demise, Tomps. f. 257.  
Custom Pleaded, Quod Dominus habeat Harriot Custumar. post mortem cujusllibet tenentis, Co. Entr. 39.3 Brownl. 313, 403.  
Simile & si fuerint elongat. tunc optimum animal. levan & cuban. super terras, Co. Ent. 666. Dier 199. Moor 16.   

Traverse.  
Traverse tenure by Services alleged, Co. Lit. 598, 599.  
Traverse le seisin, Quod Pater non fuit seisitus, Coke Ent. 613. Plowd. 94, 95.  
Traverse le tenure protestando quod non fuit seisitus, pro placito dicit quod non tenet, etc. 3 Brownl 329, 349, 313.  
Traverse del Custom, 3 Brownl. 313.   

Justification in Trespass.  
Bar. quod Defend. Dom. manerij habuit Harriot custom. de omnibus tenentibus alienan. sine Licentia. Ra. Ent. 650. Up. B. 182.  
Bar by Harriot Custom, Post mortem tenentis, Co. Ent. 39 The like after the death of Tenant pur vie, 3 Brownl. 402.  
Repl. quoad 1 mes. horse son fee, quoad 2 Mes. non est talis consuetudo, Up. B. 222.  
Harriot pleaded in Bar all Trespass, 1 Brown 383.    

CAP. XXVI.  
What Statutes extend to Copyhold Lands, and within what Statutes Copyhold Lands shall be contained by construction of Law without express words, and what not.  
HOW the Statute De donis extends to Copyhold Lands or not, Vide sub. Tit. 
West. 2. c. De donis.  Of Copy-holds entailed.  
It is expressly provided, 
1 R. 3. c. 4. Of Juries.  That a Copyholder having Copyhold Land to the yearly value of 26 s. 6 d. above all Charges, may be impanelled upon a Jury, as well as he that hath 20 s. freehold. But now this is altered by latter Statutes.  
Copyhold Lands are within the words and intention of the Statute, 4 Hen. 7.24. 
4 H. 7. c. ●4. Of Fines and non-Claim.  of Fines with Proclamations and five years non-claim, and shall be barred; as a Lessee for years and his Lessor shall be barred; so the Copyholder and his Lord: 
Covin.  But if a Copyholder by assent and covin to bar the Lord of his Inheritance, makes a Feoffment and levies a Fine with Proclamations, such Fine shall not bar the Lord, no more than it shall the Lessor if it be levied by Lessee, for the reason in Fermor's Case, 3 Rep. f. 77.  
If a Copyholder for Life, or in Fee, be ousted and the Lord be disseised, 
Disseisin.  and the Disseisor levy a Fine with Proclamations, and five years pass, as well the Lord as the Copyholder is barred, and the Lord shall not in such case have five years after the death of Tenant pur vie; for the Lord may presently have remedy by Action (viz. Assize, etc.) and recover the Land; and the Lord may without consent or commandment precedent, or assent subsequent, enter in the name of the Tenant by Copy, and his own Right, to save their particular Interests as his own Freehold and Inheritance; for the Lord is no Stranger, but is privy in Estate: But not if a Stranger who hath not Right enter, etc. 9 Rep. 105, 106. Margaret Podgers Case.  
The Case was, A Copyhold is granted to A. B. and C. for their Lives, suecessive; the Lord by Deed Enrolled, bargains the Copyhold to A. in Fee, and levies a Fine to him with Proclamations. A. dies seized, this descends to M. his Son and Heir, who levies a Fine to Uses; 
Fine, when it shall bar or not.  after ten years B. enters; the Fine is no bar, for no Fine or Warranty shall bar any Estate in Possession, Reversion, or Remainder, which is not devested and put to a Right, and the Lords Bargain and Sale doth not divest the Estates of them in Remainder; for the Lord doth that which he may do by Law, and A. was in by force of the Statute of 27 H. 8. And an Act of Parliament shall do no wrong.  
Bicknal and Tucker's Case, Trin. 9 Jac. Rot. 3648. was, Whether a Fine with five years will bind the Copyholder in Remainder? There was a Copyhold granted to three for Lives, to have and to hold successively; the first accepts a Bargain and Sale of the Freehold, 
Whether a Fine and non-Claim shall bar a Copyholder in Remainder.  by the Lord of the Manor, and then he levied a Fine, with Proclamations, and five years pass, Whether he in Remainder is barred or not? Those whose Estates are turned to Rights, either present or future, are meant by the Statute to be barred. If a Copyholder for years be put out of Possession, and a Fine levied, and no entry by him, he is barred by the Statute: By the Bargain and Sale he in Remainder is not put out of Possession. If a man makes a Lease to begin at Easter next, and before Easter a Fine is levied, and five years pass, this Fine will not bar, because at the levying of the Fine, he could not enter, for then his his Right was future: If the Lease had been in possession, and the Lessee had never entered, he had been barred, 1 Brownl. 181. This Fine shall not be a bar to the Copyhold Estate in Remainder for Life, for it is not turned to a right; the Estate is given by Custom, and is to have his beginning after the death of the first Tenant, and if the first Tenant commit Forfeiture, he in Remainder cannot enter; and by Coke, notwithstanding the acceptance of the Bargain and Sale, the first Copyhold Estate for Life remains in esse, 2 Br. 153. mesme Case.  
Custom that the Lord shall seize Copyhold, after three Proclamations, and non-Claim by the Heir, shall not bind the Heir that is beyond the Sea, 8 Rep. Sir Richard Lechford's Case.  
Statute 37 H. 8. Of Dissolutions, 
37 H. 8. Of Monasteries.  extends not to Copy-holds. A Copy-holders' Estate is not within the Statute of Monasteries and Chanteries, to be avoided by any of the Statutes. So by Statute 1 Ed. 6. Cap. 14. it is expressly provided, That upon the dissolution of Abbeys and Monasteries, Copy-holds should continue as they did before the Statutes, and should fall into the King's Hands. A Copyholder dissolved by the Statute of Edw. 6. did between the Statute of 37 H. 8. and 1 Edw. 6. grant a Copyhold Estate in Reversion; but the Statute 37 H. 8. extends not to them, 3 Bulstr. p. 15. Long and Baker, Vide 1 Leon. p. 4. mesme Case.  

31 H. 8. Eccles. Leases.  Of making Leases of Copyhold Lands, belonging to Religious Houses, for years, after Leases for Lives or Years in being, is within that Statute, 8 Rep. 7. Heydon's Case.  

32 H. 8. Of Conditions, Entries, Assignee.  Copyhold is not within the Statute of Entries for Conditions broken. Surrendree of Reversion shall not enter for a Condition broken, it's not within the Statute of Conditions, Hob. p. 177, 178. Swinnerton and Miller.  
Copyhold is not within the Statute of 32 H 8. Entries for Conditions. Copyholder by Licence makes a Lease for 60 Acres, rendering Rend, and condition of Reentry: Copyholder Surrenders to J. S. and he demands Rend, and enters for Nonpayment. J. S. is not such an Assignee as the Statute intends, and Custom doth not trench to such collateral things; such Assignee being in only by Custom, is not privy to the Lease made by the first Copyholder, nor in by him, but he may plead his Estate immediately under the Lord, Yel. 222. Brasier's Case. But Assignee of a Copyhold is within the Statute to have Action of Covenant, 1 Keb. 356. 
Arrears of Rent.  Baker's Case. Quaere, if of Debt, Cro. Car. 21. Platt and Plummer.  
Executors brought Action for Arrears of Rent of Copyhold, of which Manor the Testator died seized, Per Cur. Action doth not lie for Arrears of Copyhold Rents, but only of Rents of Free Land, and Statute 32 H. 8. extends not to them, Yelv. 135. Appleton and Doiley, 1 Brownl. 102.  
Tenant in tail of a Manor, wherein Copy-holds are demisable for Life, etc. for a certain Rent. Copyholder for Life dies, and the Lord demiseth it for 21 years, 
38 H. 8. Rents of Leases in Tayl.  rendering the ancient Rent, etc. it's good within the Statute 38 H. 8. for its not any prejudice to the Issue as to the Rent, Noy, p. 106. The Lord Norris' Case, Vide infra hoc capite.  
If the Lord of a Copyholder for Life, demisable by 10 s. Rent, leaseth it by Indenture to the Copyholder and two others, for their Lives, rendering 10 s. Rent, by which it is within the Statute of 32 H. 8. and is not material though the Harriot be lost, because it is merely casual, Noy p. 110. Banks and Brown, Vide Montjoy's Case, 5 Rep. Et supra.  
Copyhold is within the Statute 32 H. 8. 9 
32 H. 8. Cap. 9 Of maintenance.  Of Maintenance; for the Word is, Any Right or Title, 4 Rep. 26. a. Vide infra hoc capite.  
Copyhold is grantable for three Lives. 
13 El. Cap. 10.  Dean and Chapter of London, grant this to H. G. for the Lives of J. R. and M. reserving the ancient Rent, but no Harriot; the Rent was payable at four Quarters, and by this Lease its payable half yearly; yet this is not void by the Statute 13 El. Cap. 10. For the Occupant shall be punished for Waste, and the Harriot is not annual, nor depends on the Rent; and as to the Rent it's the accustomed yearly Rent, but in Mountjoy's 5 Rep. (yearly) was wanting, 6 Rep. 37 Dean and Chapter of Worcester's Case.  
Copy-holds are within all the Statutes of Bankrupts by express words, vide supra. 
Statutes of Bankrupts. 1 El. and Jac.   
A Copyhold is not within the Statute of Limitations.  
Debt for the Fine of a Copyholder is not within the Statute of Limitations, 2 Keb. 536. 
Statute of Limitations.  Hodsden and Harris. Vide.  
It is laid down for a Rule in Rowden and Malster's Case, Cro. Car. 44. When an Act of Parliament altereth the Service, Custom, Tenure, and Interest of the Land, 
Rules when Acts of Parliament extend to Copy-holds or not.  or other thing in prejudice of the Lord or Tenant, there the general words of such an Act shall not extend to Copy-holds. Therefore,  

W. 2. Cap. 20. Elegit.  Statute W. 2. Cap. 20. which gives Elegit, extends not to Copyhold Lands, because it would be prejudicial to the Lord, and a breach of the Custom, that any stranger should have Interest there, without admittance and allowance of the Lord.  

27 H. 8.10. Stat. of Uses.  Statute 27 H. 8.10. of Uses, toucheth not Copy-holds, because the transmutation of Possession, by the sole Operation of the Statute, without allowance of the Lord, would be to the Lords prejudice.  

31 H. 8. and 32 H. 8. Of Partition.  The Statute 31 H. 8. Cap. 1. and 32 H. 8. Cap. 2. whereby joint-tenants and Tenants in common are compellable to make Prohibition extend not to Copy-holds. And the  

32 H. 8. Cap. 28. Leases by Tenant in tail, or by Husband of the Wives Land.  Statute 32 H. 8. Cap. 28. Which confirms Leases for 21 years, made by Tenants in tail, or by the Husband and Wife of the Wife's Land, touch not Copy-holds; for that Statute warrants only such Leases of Lands which are grantable by Deed; such are not Copyhold Lands, though by the Lord's Licence they may be granted by Indenture, yet in their own nature they are only demisable by Copy.  
So Statute 32 H. 8. Cap. 34. And for the same reason which gives an Entry to the Grantee of a Reversion, upon the breach of a condition, by the particular Tenant, toucheth not Copyhold.  
In all Statutes made for the good of the Commonwealth, and wherein no prejudice accrues to the Lord or Tenants, by reason of the alteration of any Interest, Service, Tenure, or Custom of the Manor, there the general words of such acts of Parliament do extend to Copyhold Lands, as  
Statute of Merton, Cap. 1. 
Merton, Cap. 1. Of Damages sur Recovery en Dower.  which gives Damages to a Feme Covert upon a Recovery in a Writ of Dower, where the Baron died seized, extends to Copy-holds. And  
Stat. W. 2. C. 3. 
W. 2. Cap. 3. Cui in vita.  And the three several branches of that Stat. the one which gives a cui in vita, upon a discontinuance made by the Husband.  
The second which gives the Receipt to the Wife upon her Husband's refusal to defend the Wife's Title. 
Resceit.   
And the third which gives a Quod ei deforceat to particular Tenants, extends to Copy-holds, 
Quod ei deforceat.  And  
The Statute 32 H. 8. Cap. 9 
32 H. 8. cap. 9 Champerty.  against Champerty and litigious Titles; which gives an Entry in lieu of a Cui in vita, extendeth to Copy-holds, Cro. Car. 43. Rowden and Malster; Vide Ploughed. f. 371.  
The Statute W. 2. which gives Elegits, 
Elegit.  extends not to Copy-holds, for that would be a prejudice, and the Common Law would break the Custom, Savil's Reports, Heydon's Case, vide supra.  
Copyhold Lands are liable to the Statutes of Recusants, 
13 El. cap. 4. Of Recusants.  and the King shall have the profits of the Lands only, but no Estate; and such Statute doth not make a Tenant to the Lord, and though the King hath the Copyhold Land, yet the Lord shall have the Rent during the possession of the King, 1 Leon. p. 98. Saliard and Everat's Case. Owen, p. 37. mesme Case.  
Copyhold Lands are not within the words of that Statute; but by Anderson, 
34 H. 8.5. Of Wills.  the Equity of that Act doth extend to Copy-holds, 1 Leon. 83. in Skipwith's Case.  

31 Eliz. cap. 7. Cottages.  Copyhold is not within that Stat. 1 Bulstr. 50. Brock's Case.  

11 H. 7. cap. 10. Joyntresses.  Copyhold Lands are assured to the Wife for her Jointure, and she aliens them, it's no Forfeiture within Statute 11 H. 8. Cap. 10.  
Copyhold Land is not within that Statute, 2 Siderfin, p. 41, 73. Harrington and Smith.   

CAP. XXVII.  
Of Emblements, who shall have them, the Lord or the Copyholder.  
A Woman who had her Widow's Estate of Copyhold Land, and before severance, took Husband, the Lord shall have the Corn, because the Estate of the Woman determined by her own act; otherwise if her Estate had ended by Death, Divorce, Determination of the Will, etc. Moor, n. 512. Oland and Burdwick, 5 Rep. 115. mesme Case.  
If a Copyholder Durante viduitate Lease for one year, and the Lessee sows the Land, and after the Copyholder takes an Husband, yet the Lessee shall have the Corn, for her act shall not prejudice a third person, Ibid. Oland's Case.  
If the Husband seized of a Copyhold in Fee, sows the Land, and after surrenders to the Use of his Wife, who is admitted accordingly; and after the Husband dies before severance, it seems the Wife shall have the Corn, and not the Executors or Administrators of the Husband, 
Annexed to the Land.  for that the Husband passed the Emblements with the Land to the Wife as annexed to the Land, and by this the Privilege which the Law gives to him who sows it, is taken away by the Surrender, and so it is all one as if the Wife had sowed it, or purchased the Land sowed by a Stranger, 1 Rolls Abr. 727.   

CAP. XXVIII.  
What shall be said a Disseisin as to Copyhold Estates or not.  
IF a Copyholder in Fee dyeth seized, and the Lord admit a Stranger to the Land, who entereth; he is but a Tenant at will, and not a Disseisor to the Copyholder, who hath the Land by Descent, because he cometh in by the Assent of the Lord, 3 Leon. 210.  
If a Copyholder without Licence makes a Lease for years, the Lessee who enters by colour of that, is a Disseisor, and a Disseisor cannot maintain an Ejectione Firmae, 2. Brownl. p. 40. Petty and Evans.  
If a Copyholder Lease for years, by Licence of the Lord, and after enters upon the Lessee and ousts him; this is a Disseisin to the Lord of the Franktenement, 1 Rolls Abr. 662. by Coke, Vide sparsim.   

CAP. XXIX.  
Actions and Suits. What Action may be brought by the Lords. What Actions brought by Copy-holders' or their Executors, in respect to their Copyhold Estates, shall be good or not, either against their Lords or others.  

What Actions may be brought by the Lords.  
THE Lord upon seizure of Copyholder may maintain Ejectment till the Heir comes to be admitted (as in Harverights' Case, Latch 511.) upon Entry of the Feoffor (upon Rent reserved and Entry till satisfaction) he may upon such Interest quousque, maintain an Ejectment, 1 Keb. 2●7. Lord Salisbury's Case.  
As to the Lords Action for Rent, Distress Remedy for Forfeitures, Vide supra & sparsim, per tout, & in Indice.   

What Actions a Copyholder may bring against his Lord and what not.  

Trespass upon Ejectment by the Lord.  Copyholder doing and paying the Customs and Services; if he be ejected by his Lord, he shall have an Action of Trespass against him, Co. Lit. 60. b. 61. a. 4 Rep. 22. a. For though he is Tenens ad voluntatem Domini, yet it is Secundumconsuetudinem Manerij.  

For cutting Trees.  He shall have Trespass against his Lord, for cutting of Trees, or breaking his House; in the Case of Stebbing and Gosnel, 1 Rolls Abr. 108.  
The Custom was, That every Copyholder in Fee shall have the Loppings of the Pollingers. The Lord cuts down two Oaks, and in his Plea to an Action sur Case, saith, he cut down two Oaks being Pollinger Timber Trees, and left the Loppings there for the Plaintiff. On Demurrer it was adjudged for the Plaintiff; for a Copyholder of Inheritance hath interest in the Loppings and Boughs, as well as the Lord in the Timber. And if the Lord shall cut down all the Timber Trees, than the Copyholder shall lose the Profit, Cro. El. p. 629. Moor, n. 727. mesme Case, 1 Rolls Rep. Ford and Hoskin's Case.  
Nay the Action of Trespass by a Copyholder in Fee against his Lord for cutting down the Trees, lies at Common Law, without any special Custom, for the Copyholder hath a special property therein, and the Lord a general property; the Lord may as well subvert the Houses, as cut down the Trees, for without them the Copyholder hath no means to Repair it, 2 Brownl. 328. Heydon and Smith, and in Doyles Case, Mich. 25. and 26 El. it was adjudged, where it was a Custom that the Copyholder might cut Maremium to Repair, if the Lord carry it away, an Action of Trespass lies against him by the Tenant, in Taylor's Case, Pasch. 36. Eliz.  
A man was Tenant by Copy of Court Roll of Wood, and the Soil was excepted to the Lord, and yet the Copyholder maintained an Action of Trespass against the Lord for cutting his Wood, Moor, n. 480.  
If a Stranger cut a Tree, 
Trespass by the Lord and the Copyholder for cutting down Trees.  the Lord shall have one Action and the Copyholder another, and each one shall recover Damages according to his Interest. Vide Leon. 1. 272.  
Copyholder dies, Lord admits a Stranger, the Heir may enter, and upon a reentry, maintain Trespass without Admittance, Noy, p. 172. Simpson and Gillion. Vide Admittance.  

For non-Admittance, no Action by Surrendree.  Action on the Case against the Lord, lies not for non-Admittance.  
A Copyholder in the Eye of the Law, is but Tenant at the Lords Will; and if the Lord will not hold Court, he hath no remedy to compel him but by order in Chancery, Cro. Jac. p. 368. Ford and Hoskins: No Action on the Case by a named Successor.  

By Surrendror.  Surrendror may have an Action on the Case for not admitting, but not the Surrendree, 2 Keb. 357. Quaere.  

Remedy in faux Judgement.  The Demandant in a Pleint in nature of a real Action, recovereth the Land erroneously, with remedy for the party grieved; for he cannot have the Kings Writ of faux Judgement, in respect of the baseness of the Estate and Tenure, being in the Eye of the Law but a Tenant at Will, and the Freehold being in another; yet he shall have Petition to the Lord, in nature of a Writ of faux Judgement, and therein assign Errors, and have remedy according to Law, Co. Lit. 60. And if there be cause, the Judgement may be reversed.  

Assize.  Tenant by Copy shall not have Assize against his Lord (as Tenant in ancient Demesn shall have) because he hath no Franktenement, 4 Rep. 21. but he shall be relieved in Equity, Tothil, p. 108.   

The Copy-holders' Actions and Remedies against Strangers, and where.  
A man grants all the Coals and Coal-Mines within a Manor (and parcel was Copyhold for Life) to J. S. 
Where Copyholder shall have Trover for Coals, digged out of his Copyhold Land.  Lessee enters into the Copyhold and digs a new Pit in the Copyhold Land, during the Life of the Copyholder, and takes the Coals and converts them, etc. And Lessee of the Coal-Mine brought Trover against the Lessor; Per Curiam, he may do it, for when the Lessor or Lessee of the Coals, or a Stranger enters and digs the Coals out of the Pits, these belong to the Lessee, and if any one else take the Coals, he shall have Trover, Jones Rep. 243. Player and Roberts.  
Lessee of a Copyholder for a year, 
Ejectment.  shall maintain an Ejectione Firmae, for in as much as his Term is warranted by Law, by force of the general Custom of the Realm, it is but reason if he be ejected, that he shall have Ejectione Firmae; and it is a speedy course for a Copyholder to have the possession of the Land against a Stranger, 4 Rep. 26.  
As to the Declaration in Ejectment, Vide Tit. Declaration.  
In Cro. El. p. 224. It is said to be adjudged, 
Ejectment.  Per tot. Cur. That an Ejectione Firmae doth not lie of a Copyhold Estate: But it was agreed, That an Ejectione Firmae doth lie of a Lease made by a Copyholder, but not of a Demise made by the Lord of a Copyhold, by Copy of Court Roll, Cole and Wall's Case.  
A Copyholder had Licence from his Lord to let his Land for 21 years; he lets it to the Plaintiff for three years, who entered, and being Ejected, brought Ejectione Firmae. 
Ejectment by Lessee upon a Lease, not warranted good against a Stranger.  Per Cur. he may maintain this Action at Common Law, for it is a good Lease between the Pa●●●s, and against all others but the Lord; and as this Case is, it is good against him, because it is done by his Licence, and it is a good Lease and well warranted by the Licence, Cro. El. 535. Goodwin and Longhurst.  
A Copyholder made a Lease for one year excepting one day, which was warranted by the Custom. Lessee being ousted by a Stranger, brings Ejectione Firmae, it well lies; and if there were not any Custom, yet it shall be good against all but him who had the Inheritance and Freehold. So if a Lessee for Will at the Common Law had made a Lease for years; for the Tenant at Will is only a Disseisor, and the Lease is good against him, Cro. Trin. 41 El. p. 676. Spark's Case. So 717. Erish's Case, Moor, n. 709. Stoner and Gibson.  

Ejectment by the Heir, without Admittance to presentment.  If customary Lands do descend to the younger Son by Custom, and he enters and leaseth to another, who takes the Profits, and after is Ejected; he shall have an Ejectione Firmae, without any Admittance of his Lessor, or Presentment that he is Heir, 1 Leon. p. 100 Rumny and Eves, n. 128.  
If a Copyholder had Common by Prescription in the Waste of the Lord, and the Lord stores the Waste with Coneys, every Copyholder may have Action on the Case against the Lord, averring, That by this the Common is impaired, 1 Rolls Abr. 106. Clayton and Sir Jerom Horsey.  

Trespass for Beasts depasturing his Common by every Commoner.  Copyholder prescribes to have Common in the Waste of the Lord, and brings Trespass on the Case against a Stranger, for his Beasts depasturing on the Common there. The Question was, whether this Action lies? for 15 H. 7.12. it's agreed, a Commoner cannot maintain an Action of Trespass, nor no other, but the Owner of the Soil, 12 H. 8.2. And the Commoner hath no right till he hath taken it by the mouth of his Beasts, and the Damage is to the Tenant of the Land, and then every other Commoner may have Action of Trespass, and so the Stranger shall be infinitely punishable. Per Coke, If a Commoner may distrain Damage pheasant (doing Damage) which proves lie hath wrong, then by the same reason, if the Beasts are gone before his coming, he may have Action on the Case; otherwise, one that hath many Beasts may destroy the Common in a night: And it's not like a Nuisance, for that is Public, and may be punished in a Leet: But the other is private to the Commoners, and cannot be punished in another course; he cited one Whitehand's Case. Many Copy-holders' prescribe to have the Loppings and Toppings of pollard's; the Lord cuts them; every Copyholder may have his Action, and also Hill. 5. Jac. Rot. 1427. Geo. England's Case, and Warburton of the same Opinion, 2 Brownl. p. 146. Crogate and Morris.  
If a Copyholder by the Custom of a Manor had used to have Common for all his Beasts, 
Action on the Case for digging Turffs on the Common.  Levant and Couchant upon his customary Tenements, in a certain parcel of the Manor, and a Stranger digs Turffs there, and takes them away, by which his Common, is impaired, Action on the Case lies, declaring, That the Defendant digged so many Turffs there, and then with his Horses and Carts, Herbam tunc & ibid. crescen' predict. ambulando & conculcando, 
Declaration.  from the place aforesaid, minus rite ceperit & abcarriavit, per quod quer' communiam suam predict. pro averiis suis, etc. in tam amplo & beneficiali modo prout & antea habuit, etc. habere non potuit. This is a good Declaration, though the Commoner cannot have any Damage for the taking and carrying away the Turffs; yet the coming on the Land with Horse and Carts, is a prejudice to the Common, and the per quod, the Common is impaired, is the cause of Action, and the carrying away a means to impair it, 1 Rolls Abr. 89. Terry and Goodier, and good, tho' Damages were entire.  
Action shall be brought in a Copyholder Lunatics name; for though the custody of the Land was granted to one by the Lord, yet no Interest was gained by this commitment, and the Lord hath not power over the Lunatics Lands, without a Custom, Hobart, p. 215, 216. Cox and Darson.  

Trespass, Quare clausum fregit.  Copyholder of Under-Wood without the Soil, shall have Trespass, Quare clausum fregit, Moor, n. 480.  

Account for Profits.  Account lies not for an Heir Copyholder for the Profits of his Copyhold Lands, taken during his nonage, where the Defendant hath not entered and taken the Profits, as Prochein Amy, but claims by Custom and Grant of the Lord, to the Use of the Assignee (which Custom is good,) 1 Leon. p. 226. n. 356. Anonymus.  

Faux Judgement.  Writ of faux Judgement lies not for a Copyholder, Vide supra.  

Writ of Right Close.  Writ of Right Close, lies not for a Copyholder, 4 Rep. 21.  

Avowry for Rent by Lessee of a Copyholder.  Lessee for years of a Manor, distrains a Copyholder for Rent; he Replevins, Lessee Avows, Per Curiam, Avowry may be made for the Rent of a Copyholder in the Kings-Bench; and there is difference between an Ejectione Firmae and this Case. For the Ejectione Firmae is brought for the Copyhold itself: But this Avowry is for Rent due to the Lord, which is a duty at the Common Law, and therefore an Avowry may well be for it, Cro. El. p. 524. Laughter and Humphrey.  
A Copyholder in Fee, by Licence, made a Lease for 21 years by Indenture, rendering Rend, 
Covenant by Assignee of a Reversion.  wherein the Lessee Covenants for himself, his Executors and Assigns, That he will erect a, etc. The Lessor surrendered to the Use of the Plaintiff and his Heirs, who was admitted accordingly; and the Plaintiff, as Assignee, brings his Action of Covenant. Whether the Assignee may maintain this Action by the Common Law, or by the Statute 32 H. 8. Cap. 34. was the Question? for the Defendant demurred upon the Declaration; it was adjourned in Cro. Car. 24. Plate and Plumber. But it seems by 1 Keb. 356. Baker and Berisford's Case, That the Assignee is not within this Statute to have a Covenant.  
Action of Debt doth not lie for Arrearages of Copy Rents; for the Stat. of 32 H. 8. 
Action of Debt for Rent.  does not extend to them, but to Rents out of Free Land, Yelv. p. 135. Appleton and Doily. And so Executors shall not have Debt for Arreages of such Rents due in the Life-time of the Testator.  
The Lord of a Manor is, and Fines; 
No Remedy for Fines, Rents, etc. after vendition.  for Admittances and Copyhold Rents are Arrear, and then he sells the Manor; he is without Remedy, both in Law and Equity: He hath deprived himself of the Remedy by his own act, viz. the vendition, 1 Rolls Abr. 374. Sergeant Hitcham and Finch.  
Copyholder for Life becomes Lunatic. A. 
Action of Trover to be brought in the Lunatics name, he being a Copyholder.  sows the Land. The Lord grants the custody of the Lunatic to B. A. takes the Corn to the Use of the Lunatic. B. Brought Trover in his own name; it's ill brought. It ought to be brought in the Lunatics name, and not in the name of the Committee, Noy, p. 27. Cox and Dawson.  

Covenant by Rent.  Custom is, when a Copyholder dies seized of Copyhold Lands or Rent, That his Wife shall have the one moiety, and his Issues the other moiety. A. B. so seized, takes Mary to Wife, and they have Issue John. A. B. dies, so that Mary is seized of the moiety for her Life, and John of the other moiety in Fee, and of the first moiety as his Reversion. Mary and John her Son make a Lease to J. B. for twenty one years, rendering fifty pounds Rend to Mary, and fifty pounds to John; and after the death of Mary, one hundred pounds to John. John marries Margaret, they have Issue three Sons. John dies, so that a fourth part comes to his Wife, and the other fourth part to his three Sons. Rend is behind. Margaret brought Debt on Covenant for the Rent, Per Curiam, it was well brought by her sole, 
joinder in Action.  without joining Mary with her. Tenant in Commonn shall join in Action so long as the privity of Contract remains, but when the privity is determined, as it is here, they may sever, and such Contract shall ensue the nature of the Land; and also there is a vesting by Custom, and express several Reservations, 2 Siderfin, p. 9 Baker and Berisford.    

CAP. XXX.  
Of Copy-holders' being Impleaded and Impleadable in the Lord's Court, Vide supra, Tit. Customs.  
Copyhold Lands are as the Demesns of the Manor, and are the Lords Freehold, and therefore are not impleadable, but in the Lord's Court Croke Jac. 559. Pymmock and Hilders.  
One recovered certain Copyhold Lands in the Court of the Lord of the Manor, by Plaint, in the nature of a Writ of Right. A Precept cannot be made and awarded out of the Court, to execute the said Recovery, 
Posse Manerij.  and to put him who recovered into possession, with the Posse Manerij; for force in such cases is not justifiable, but by command out of the King's Courts, 3 Leon. 99  
A Woman recovered Dower of a Copyhold within the Manor, and 40 l. Damages, 
40 l. Damages recovered, yet no Execution or remedy, but by Petition.  and she brought Debt for the Damages, in B.R. Per Cur. it lies not, because the Court Baron cannot hold Plea, nor award Execution of 40 l. Damages, though the Damages were there well assessed; and because no Writ of Error, or Faux Judgement lies upon such a Recovery of a Copyhold, but only a Petition to the Lord of a Manor; so that Copyhold Plaints are not within the Jurisdiction of this Court of Kings-Bench, Moor, n. 559. Shaw and Tompson.  
If an erroneous Judgement be given in a Copyhold Court of a common Lord, in an Action in nature of a Formedon, a Bill may be exhibited in Chancery, 
Faux Judgement, how relieved.  in nature of a Faux Judgement, to reverse this, Pateshall's Case in Scaccario, 1 Rolls Abr. 373. and Co. on Lit. p. 60. a. He cannot have the Kings Writ of false Judgement in respect of the baseness of the Estate and Tenure, being in the Eye of the Law but a Tnant at Will, and the Freehold being in another: But he may have a Petition to the Lord, in the nature of a Faux Judgement, and therein assign Errors, and have Remedy according to Law, 4 Rep. 21. Brown's Case.  
Fenner said he had seen a Record 36 H. 8. where the Lord by Petition to him, had for certain Errors in the Proceed, reversed such Judgement given in his own Court.  
Now real Pleints are in the Lord's Court, are in this Form,  
A. de B. queritur versus C. de D. de placito terrae, videlicet de uno Messuagio quadraginta Acris terrae, etc. cum pertin. & fecit protestationem sequi querelam istam in natura Brevis Domini Regis Assisae mortis Antecessoris ad communem Legem (vel Brevis Domini Regis Assisae novae disseisinae ad communem Legem) aut in natura Brevis de forma donationis in discendere ad communem Legem, (and so in the nature of any other Writ, etc.) plegii de prosequendo, F. G. etc.   

CAP. XXXI.  
Declaration of, for and concerning Copyhold Lands and Precedents.  
IN Ejectione Firmae, it was doubted by the Court, whether the Plaintiff in his Declaration ought to set forth the Custom of the Manor, That the Copyholder may Lease, etc. and then to show that the Lease is warranted by the Custom, 
Whether in Ejectment the Plaintiff need to show that the Lease was warranted by the Custom.  in 1 Anderson Rep. Ewer and Astwick. But it is fully resolved and agreed in Rumney and Eves' Case, 1 Leon p. 100 That the Plaintiff ought not to show that the Lease is warranted by the Custom, but that shall come of the other side. This was Pasch. 30 El. B. R. But in Hill. 38 El. Cro. p. 469. Wells and Partridge, it was doubted; because otherwise being a general Court, it shall be intended of a Lease at Common Law, which a Copyholder cannot make; as if the Heir in Burrough English brings a Mordancestor, he ought to show the Custom in his Count, and declare according thereunto: This was the Opinion of Anderson in the Case; and in Moor, n. 927. Gregory and Harrison. It is said to be resolved an Ejectione Firmae doth not lie of a Copyhold, if the Plaintiff doth not declare the Custom, Lease and Ejectment; but the Practice now is otherwise.  
Upon Agreement, Whereas W. was seized of Copyhold Lands, That he should surrender the same to the Use of Elkin, and that he was to give him for the same 560 l. and if he sold the same over, the Plaintiff to have the moiety of what he sold over and above: It is said in the Declaration, 
Declaration must be, That he is seized in Dom. suam ut de feodo secundum, etc. and also may show that they are customary Lands.  he was seized in Dominico ut de feodo secundum consuetudinem manerij, and he doth not show the same was customary Land Per Cur. he ought to show it, but he need not show that he was admitted, 3 Bulstr. 230. Elkins and Wastel.  
Declaration sur Assumpsit to make a Surrender of Copyhold Land, Placita gen. & spec. p. 16.  
Declaration in Case for a Copyholder for cutting down Trees upon his customary Tenements, Brownl. 252.  
Def. seisitus de terris custumar vendidit querent’ statum suum inde ac omnia bona & as●umpsit causare statum fieri quer in terris & deliberare bona, Rast. Ent. 7.  
Nar pro tenen customar versus Dom Manner qui succidit arbores suꝑ Tenementa custumar per quod quer non habet suffeciens forale sepiment’ & maremium ꝑro reparatione secundum consuetud Manerij, Hern 216, or 226. 1 Brown 252.  
Pro ten custumar versus un Tanner de Tanpi●s erect. propre rivulum decurren ad Messuagium querentis per quod aqua corrumpitur, Hern 254.  
Ad exheredand quer de Tenementis custumar & impediend ipsum de Administratione bonor ei committend, Co. Entr. 29.  
Pro ten custumar molendini versus occupationem tenementorum qu● per consuet’ debe● molare grana ad dict' molend, Hern 83.  
Narrat in Action sur Case per Copyhold que fuit le Tenant pur 3 vies successive des terres d'un Manor deins quell fuit un Custom habere successive, etc. & un altar Custom que prima persona in copiis rotulorum ejusdem Manerij nominata poet surrender in manus Dom all son proper use & all use des deux auters nominand Le Def. in consideratione quod le Plaintiff, pro 12 d. in manibus & 50 quarter de brasis illi deliberand assumpsit sursum reddere ad usu ipsius & duor alior ex nominatione Def. & procurare cur assumpsit & promisit apparere apud Curiam & accipere statum ad usum ipsius & 2 aliorum & deliberare les 50 quart’ brasii pred, Winch. Ent. 65.  
Narrat’ per Copyhold qui fuit Tenant pur 3 vies successive des terres tenus d'un Manor, deins quel fuit un Custom habere successive, etc. & un altar Custom que prima persona in Copiis rotulorum ejudem manerij nominat poec surrender in manus Dom all son proper use & all use deux auters per ipsum nominand Le Def. in consideratione que pro 12 d. in manibus & 50 quarters de Malt a luy deliberand ad assume a Surrender all use de luy mesme & 2 auters nominatione Def. & procurare curiam assumpsit & promisit d'appearer all Court & d'accepter deal Estate a luy & les deux auters & pur deliver les 50 quarters de Melt vendit’, Winch Entr. p. 65. Chambers and Turner.  
Conned del oblige a Surrender un Copyhold Estate all use del●quer all proche in Court, Bar quod Def. all Court tenus tiel jour surrendroit accordant all effect del condicon, Winch. Entr. 241, 222. & demur general all bar, Eldre & Ll'uelling.   

CAP. XXXII.  
Of Plead. The general Rules of Pleading as to Copyhold Estates. Of Pleading, Customs and Prescriptions, and the different Forms. Pleading in reference to Common, and when to be pleaded by way of Custom, or by way of Prescription. The manner of Pleading when a Lease is to be answered which is set forth in the Avowry. Where in Pleading the Commencement of the Estate must be shown, and by whom granted, or not. How a Licence must be pleaded by the Lessee. Prescription for Copy-holders' to be discharged of Tithes. How to be pleaded. Of Traverses, when and where to be taken. Forms of Pleading of Surrenders, Admittances. Forms of Pleading Estates in Fee tail for Lives or Years. Pleading of Presentments, Grants. Plead in respect of Commons, Trees, Ways, Enclosures, Forfeiture, and all other Plead necessary for the Copyholder to set forth his Title or to defend it.  

Plead. General Rules of Pleading as to Copyhold Estates.  
EVery Admittance of an Heir upon a Descent, amounts in Law to a Grant, and after Admittance the Heir may in Pleading allege this as a Grant; 
How a Copyholder shall plead in making Title to a Copyhold.  and this the Law allows for avoiding an inconvenience which will otherwise happen; for if the Copyholder in Pleading shall be put to show the full Grant, either it was before the time of memory, and then it is not pleadable, or within time of memory, and then the Custom fails; 
Admittance pleaded as a Grant.  and for this cause the Law hath allowed the Copyholder in Pleading to allege any Admittance upon a Descent or upon a Surrender as a Grant, and yet he may if he will, allege the Admittance of his Ancestor as a Grant, and show the Descent to himself, and that he entered, and good without any Admittance of him; but the Heir cannot plead, That his Father was seized in Fee at the Will of the Lord, by Copy of Court Roll of such a Manor, according to the Custom of the Manor, and that he died seized and that it descended to him, for in truth such an Interest is but a particular Interest at Will, in judgement of Law, although it is descendible by the Custom; for he is Tenant at Will of the Lord, according to the Custom of the Manor, 4 Rep. 22. Brown's Case.  
If one Surrender to the intent that the Lord shall grant it to another, and he admits him, it was adjuded good; yet he ought to plead it as a Grant, Lit. Rep. 175.  
Tenant in Dower may Grant a Copyhold in Reversion, which shall be good, 
Grant of Copyhold Land in Reversion must be pleaded as a Grant in Reversion and not as a Grant in possession, nor by a per nomen.  though not executed, in the Life of Tenant in Dower. But than it must be pleaded as a Grant in Reversion, and not as a Grant in Possession; therefore in Gray's Case, Cro. El. p. 661, 662. It was there pleaded, That he granted Tenementa praedicta per nomen of a Message which A. P. held for Life; and Per Cur. it's an uncurable Fault, for it is not alleged that he granted the Tenement in Reversion: and the per nomen will not help.  

Averment del' v●e.  Tenant by courtesy of Copyhold, brings Ejectment or Action, it must appear that he is in Life, or else he cannot have Judgement, 1 Anderson, p. 292. Ewer and Astwick.   

Where in Pleading the Commencement of the. Estate must be shown, or by whom granted, or not.  

In matter of Conveyance to a Title, need not show the Conveyance.  Replevin, the Plaintiff in bar to the Avowry shows that the Land was Copyhold Land, grantable in possession or reversion for Life or in Fee, and that the Lord granted the Reversion to him after the death of W. who was Tenant pur vie, and shows the death of W. whereby he entered. And demurred, because he did not show the beginning of W. his Estate, nor by whom W. had the Estate granted him. Per. Cur. this is no cause of Demurrer, because it is not the Plaintiffs Title, but matter of Conveyance thereunto, Cro. Jac. 52. Lodge and Fry.  

Admittance of the last Heir to be showed instead of an ancient Grant.  If one pleads Seisin of a Copyholder in Fee, and claims under him; he ought to show of whose Grant, as he ought to show of any other particular Estate; but perhaps that is so ancient that it cannot be shown who was the first Grantee, yet it was held sufficient to show the Admittance of the last Heir, which is in nature of a Grant, and may be pleaded by way of Grant, Cro. Jac. 103. Pyster and Hembling.  
In Trespass the Defendant justifies he confesseth the Close to be Copyhold Land, but pleads, That long time before it was parcel of the Manor of, etc. and that long before the supposed Trespass, one Pole and M. his Wife was Lord of the Manor in right of his Wife for Life, remainder to Stephen in tail, and he made a Lease of this Land to the Defendant; it's an ill Plea, because the Defendant hath not showed (as he ought) how Pole and his Wife came to this Estate for Life, the remainder over; they ought to show how this particular Estate hath its commencement, they claiming a derivative Estate from Pole and his Wife for years, 3 Bulstr. 281. Sandford and Stephens.  
None may entitle himself to any Copyhold but he ought to show a Grant thereof. In Trespass the Plaintiff in his rejoinder entitles himself, because the place where is customary Land, parcel of such a Manor, whereof J. S. is seized in Fee, and demisable by Copy at Will in Fee; and that J. N. was seized in Fee, by Copy, etc. and died seized, so as it descended to two Daughters, as Heirs of J. N. and that at such a Court Dominus concessit eis extra manus suas, etc. Habend. & tenend. Tenementa praedicta, to the said Daughters and their Heirs, whereby they were seized in Fee, and afterwards demised to the Plaintiff for years. The Plaintiff hath not made a good Title; and he showing such an one was seized in Fee, without showing the Grant thereof, Per Cur. it's not good, Cro. Car. 190. Shepherd's Case; yet it was but default of form, and Issue, for the Plaintiff being found, it is a Jeofail.   

Pleading Custom or Prescription.  
A Copyholder in Pleading need not allege a Custom to make a Surrender, for that is the Custom of all England.  
A Copyholder need not allege a Custom to make a Lease for a year.  

It must be pleaded that he used to do it.  It is not sufficient to allege a Custom that one might do such an Act, but that he used to do it; as to allege dimissibile and dimissum; therefore in Brown and Foster's Case, the Defendant avows in Replevin for Damage pheasant; the Plaintiff makes Title as Copyholder, and shows, that within the Manor of A. time whereof, etc. Talis habebatur & habetur consuetudo, etc. That any Copyholder may surrender into the Hands of two Customary Tenants, etc. this is not well pleaded; for it is pleaded by Usage and Custom, but he doth not plead that ever it was put in ure in that manner, which ought to be alleged, as in Sir William Hatton's Case, where it was pleaded, Quod Talis habebatur consuetudo within a Manor, Quod licebit Seneschall● to impose a Fine, etc. But in the principal Case, the not naming the Steward made the Avowry ill; and than Per Cur. the Avowry being ill, although the bar to the Avowry were ill, 
Not naming the Steward in the Avowry ill.  yet he cannot have return, Cro. p. 37. El. 392. Brown and Foster.  
Copyholder pleads, Quod infra Manerium praed. talis habetur, nec non a toto tempore cujus contrarij memoria hominum non existit habebatur consuetudo videl. quod quilibet tenens custumar' predict tenementa, etc. hath used to have Common in such a place, parcel of the Manor. Question was, if the Custom may be alleged within the Manor, and applied but to a single Copyhold. Per Cur. such Custom, as well for the form as the matter, is good; for a Copyholder cannot prescribe in his own name for the exility of his Estate; 
Precribe for Common in one Copyholder.  but he ought to prescribe in the Lord's name, when he claims Common, etc. out of the Land of a Stranger; but if he claim such profit in the Manor, he must lay it by way of Custom, for than he cannot prescribe in the Lords Name, for the Lord cannot prescribe to have Common in his own Soil, and one Copyholder may have such Common, etc. It may have a lawful commencement, and all the other Copyholds may be extinct, 4 Rep. 31, 32. Foyston's Case, vide for Prescription devant.  
In Trespass, the Defendant justifies as Copyholder for Common, he saith these are customary Lands, but doth not say, ad voluntatem Dom. which is uncertain whether Tenant-right Lands or Burrough-English, or freehold: Judgement Pro Quer. 3 Keb. 368. Walker and Wilson.   

Customs must be pursued in Plead.  
A man cannot plead a Prescription against a Prescription, 
A Prescription not to be pleaded against Prescription.  but he ought to answer the Prescription alleged in the Count, when two Customs repugn, Cro. Car. 432. Spooner and Day's Case, Carter's Rep. 88  
Custom alleged to be, That if any Copyholder seized of customary Lands of the said Copyhold, die seized thereof, having many Sons, that the youngest shall Inherit; and the Defendant in Replevin, makes his Title, That a customary Estate was granted to the Father and Mother, and the Heirs of the Father, and the Mother survived. This Estate is not within the Letter of the Custom, Per Walmsly, and cited Sir John Savage's Case, Quod vide supra, sub Tit. Custom, 2 Leon. 208. Beal and Langly.  
A particular Tenant at Will may not prescribe in his sole Tenancy, 
Prescription by a particular Tenant at Will.  but when the Prescription and the Custom runs half through the Manor, he may well lay it by Custom, Kelloway 76, 77. Tropnel's Case.  

Tenant may plead a Custom to enjoy without interruption of the Lord.  Copyholder may plead a Custom, That every Tenant, after he hath paid the Lord his Fine, may enjoy his Lands and Tenements, granted by Copy, during their Estates, Terms, or Interests, without interruption or expulsion of the Lord, for the time being, they performing their Services, and doing nothing that may Forfeit, Kelloway 76, 77. Ann Tropnel's Case.  
Vide supra.  
When the Copyholder claims any thing by Prescription in the Soil of another; in Pleading he ought to prescribe in the name of the Lord; but if he claim any thing in the Soil of the Lord, 
When it must be pleaded by way of Custom, and when by way of Prescription.  within the Manor, than he shall plead the Custom of the Manor, for there he cannot plead in the name of the Lord, in as much as the Lord cannot prescribe in his own Soil, Foyston's Case, and 4 Rep. 31. Cooper's Case, 6 Rep. 60. Gateward's Case.  

Rule.  There is nothing more common, than for the Lord to prescribe for his Tenants by Copy, in another man's Land; whereas if it be in his own it shall ever be laid per Custom, Hob. p. 28, 61.   

Of Pleading a Custom for Common by Prescription.  
Defendant pleads in Trespass, That there are divers Freehold Tenements, time out of mind, in the said Manor, etc. and that there were and are, infra eand. villain divers. customary Tenements, parcel of the said Manor, grantable ad voluntatem Dom. by Copy, That all the Tenants of the Free Tenements, time out of mind Habuerunt & usi fuerunt, and all the Tenants of the customary Tenements, per consuetudinem ejusdem manerij in eodem manerio a toto tempore supra dict. usitat. & approbat. habuerunt & habere consueverunt solam & separalem pasturam, etc. for all their cattle (Hogs, Sheep and Steers excepted) Levant and Couchant upon their respective Messages and Tenements every year for all times of the year, except, etc. as belonging and appertaining to their several Tenements, and that at the time of the Trespass the Defendant put in his own cattle, Levant and Couchant, upon this said Message, prout ei bene licuit, etc. Exceptions to this Pleading, were, 1. That he was seized de Antiquo Messuagio, and of no Land, is not proper, for in common intention cattle cannot be said to be Levant upon a Message only. 2. He saith he put in his own Levant and Couchant, but avers not as he ought, That none of them were Porci, Oves, or Steers. 3. The Plea doth not set forth the Custom of the Manor, but implicitly, That the Freehold and customary Tenants have had and enjoyed Per Consuetudinem Manerij solam & separalem Pasturam for all their cattle, which is a double Plea, both of the Custom of the Manor, and of the claim by reason of the Custom, which ought to be several, and the Court shall judge, and not the Jury, whether the claim be according to the Custom alleged; the Custom may be different from the Claim, Per Consuetudinem Manerij, if particularly alleged, Vaughan's Rep. 253. North and Cole.  
In Replevin, Defendant makes Conuzance, as Bailiff to, etc. Damage pheasant. In bar of this Cognizance the Plaintiff pleads, That H. Earl of H. was seized of the Manor of A. whereof one Message, etc. is parcel, and demisable by Copy, and that within the said Manor there is this Custom, That every customary Tenant of the said Message, etc. have used to have Pasture, etc. in the said place called Land-Mead, 
The Form how to apply the Custom of a Manor to a particular Message in pleading.  and so derives his Title by Grant by Copy: the Issue was upon the Traverse, Absque hoc quod infra manerium praed. talis habetur consuetudo quod quilibet tenens custumarius, etc. have used to have Common, etc. prout, etc. Here is no Custom alleged, because it did not appear in Pleading, That the place where the taking was supposed to be, was within the said Manor, and no Custom of the Manor can extend out of the Manor, but he ought to prescribe in the Manor. Note, he ought to have pleaded, That the place in which, etc. was parcel of the Manor, and then the Plea had been good, Hob. p. 286. 1 Brownl. 172. Roberts and Young.  
Plaintiff in Replevin rejoins by Custom of all the Copyholders of Blackacre, in the Manor of D. used to have Common in A. to which the Avowant demurred, because he should have prescribed in the Lord's name, A. being out of the Manor; but the truth being that A. was anciently parcel, and lately severed by the Lord, this destroys not the Common, Per Cur. But the Copyholder ought to prescribe specially, That Talis consuetudo suit, till such a day, 
Special Prescription in Case of severance.  and that after the Lord granted over, etc. as on change of a Corporation in Lutterell's Case. 1 Keeble 652. Davy and Watts.  
The Case was, The King was seized of a Manor, 
Common appendent.  where there were divers Copy-holders' for Life, and was also seized of 8 Acres of Land in another Manor, in which the Copy-holders' have used, time out of mind, etc. to have Common; and after the King grants the Manor to one, and the 8 Acres to another; and a Copyholder puts in his Beasts into the 8 Acres: And in Trespass brought against him by the Patentee of the 8 Acres, he prescribes, That the Lord of the Manor, and all those whose Estates he hath in the Manor, have used, time out of mind, etc. for themselves and their Copy-holders', to have Common in the said Acres of Land. And he farther pleads, That he was Copyholder for Life by Grant (after the said unity of possession in the King) and so demanded Judgement si actio. Against which the unity of possession was pleaded: The Defendant demurs: Per Cur. as this Prescription was pleaded the Common was extinct; but by special pleading he might have been helped, and save his Common, for this was Common appendent, 2 Brownl. 47. Vide James and Read, Tirringhams' Case, 4 Rep. 38.  
Custom was alleged, 
Sola & separalis pastura.  That all the customary Tenements, Habuerunt & habuere consuever. separalem pasturam, etc. it was excepted to this Plea, That the Copy-holders' have not showed what Estate they have in their customary Tenements. And 2dly. It's not alleged that they have solam pasturam for their Beasts Levant and Couchant: Per Cur. it's not material, for be their Estates what they will, in Fee, or Life, or Years, Custom hath annexed this sole feeding as a profit apprender to their Estates; and this they claim by the Custom of the Manor, and not by Prescription. As to the other Exception, True it is, if one claim only Common appurtenant to his Land, he ought to say for his Beasts Levant and Couchant; for in such case he claims but part of the Herbage, and the residue the Lord is to have; and therefore if he put in any Beasts that are not Levant and Couchant, he doth a wrong to his Lord, and the Lord shall have Trespass: But here the Commoners claim all the Herbage, and so exclude the Lord totally, and so it's no mischief to the Lord, 2 Sanders 326, 327. Hoskins and Robins.  

Estovers.  If a Copyholder for Life had used to have Common in the Waste of the Lord, or certain Estovers in his Wood, and the Lord alien the Waste and the Wood to a Stranger; and after grants certain Copyhold Lands and Houses for Lives, such Grantees shall have Common and Estovers in the Lands and Woods which were aliened, notwithstanding the Severance: But after such severance, the Copyholder shall not plead generally, Quod infra manerium praed. talis habetur consuetudo, for after such severance, the Waste or Wood is not parcel of the Manor, but he may plead, That before and until such time of the severance, Talis habebatur & a toto tempore, etc. consuetudo, etc. and then show the severance, as in Murrel's Case, where the Lord severs the Freehold and Inheritance from the Copyhold, Co. 8 Rep. Swain's Case.  
Where a Copyholder prescribes for Estovers in the Soil of another, and he saith, That all Copy-holders' Ejusdem tenementi usi sunt, etc. where he ought to have said Ejusdem manerij, etc. This Prescription was adjudged void, 21 Ed. 4.36. b. 63. b.  
Prescription Pro ligno combustibili, is good, 2 Brownl. 330.  

Trees.  A Prescription for a Copyholder to cut Boughs of Trees, is well laid by way of a Custom, 2 Brownl. 329.   

The manner of Pleading when a Lease is to be answered, which is set forth in the Avowry.  
In Replevin, B. avowed for Damage pheasant, and sets forth, That the Lady J. was seized of such a Manor, whereof the place where, etc. and leased the same to the Defendant for years, etc. The Plaintiff saith, That long time before, King H. 8. was seized of the said Manor, and that the place where, etc. is parcel of the said. Manor, demised and demisable by Copy, etc. and that the said King, by such an one his Steward, demised and granted the said parcel unto the Ancestor of the Plaintiff, whose Heir he is by Copy in Fee; and upon this there was a Demurrer, because by that bar to the Avowry the Lease set forth in the Avowry is not answered; for the Plaintiff in bar to the Avowry ought to have concluded, And so he was seized by the Custom, until the Avowant pretextu of the said Term for years entered: And so it was adjudged, 1 Leon. p. 81. Herring and Badcock.  
In Ejectment the Defendant pleads, 
Ejectment.  That the Lessor of the Plaintiff was Copyholder in Fee of that Land, parcel of the Manor of H. which is in the Queen's possession, by reason of a Ward, and that the Lessor surrendered to the Use of the Defendant in Fee, who was admitted, and that afterwards the Lessor entered upon him, and expelled him, and let to the Plaintiff, prout in the Declaration, and the Defendant reentered, as he lawfully might. 
Lease as at Common Law, and plead Lease of Copyhold Land, Custom or Licence must specially be showed.  The Plaintiff dedemurs; Per Cur. the Plea is naught, for there is no confession and avoidance of the Lease let by the Plaintiff; for the Action is brought as of a Lease of Land at Common Law, and this proves, that the Land was Copyhold Land, and a Copyholder cannot make a Lease for years, unless by Custom or by Licence of the Lord, which ought specially to be showed, Cro. El. 728. Kensey and Richardson.  
In Ejectione Firmae brought by the Lessee of a Copyholder, 
Lessee pleading a Licence, how.  it is sufficient that the Count be general, without any mention of the Licence, and if the Defendant plead not Guilty, than the Plaintiff ought to show the Licence in Evidence; but if the Defendant plead specially, than the Plaintiff ought to plead the Licence certainly in his Replication, and the time and place when it was made: And if the Plaintiff replies, That the Copyholder by Licence first than had of the Lord, did demise, and did not show what Estate the Lord had, nor the place and time when it was made, it's not good, Per tot. Cur. For the Licence is traversable; for if the Copyholder without Licence make a Lease for years, the Lessee which enters by colour of that is a disseisor, and a disseisor cannot maintain an Ejectione Firmae; and the Defendant cannot plead, That the Plaintiff by Licence did not demise, for this is a negative pregnant; also it ought to appear what Estate the Lord had, for he cannot Lease for a longer time than he had in the Seignory; as suppose he is only for Life, and he licenseth for 21 years, and dies, it's determined, 2 Brownl. 40. Petty and Evans.  
In Ejectment, The Defendant pleaded a Surrender of a Copyhold by the Hand of F. then Steward of the Manor; Issue was joined absque hoc, that he was Steward. Per tot. Cur. it's no Issue; 
Pleading a Surrender, how.  for the Traverse aught to be general, that he did not surrender, for if he were not Steward, the Surrender is void: So of a Surrender pleaded into the Hands of the Tenants of the Manor, Cro. El. p. 260. Wood and Butts.   

Pleads Prescription to be discharged of Tithes.  
Copy-holders' of Inheritance, who held of a Bishop as of his Manor, may prescribe, That the Bishop and his Predecessors, seized of the said Manor, for themselves, their Tenants for Lives, Years, and Tenants by Copy of Court Roll of the said Manor, time out of memory, etc. have been discharged from payment of Tithes for their Lands, parcel of the said Manor; for this is a good Prescription, for their Tenements are parcel of the Demesns of the Manor and this may commence upon a real composition of all the Manor, 1 Rolls Abr. 652. The Case was thus,  
A Parson sues a Copyholder in the Spiritual Court for Tithes arising upon the Copyhold Land; he brought his Prohibition, and suggests that the Bishop of Winchester, Lord of the Manor, whereof his Copyhold is parcel, and his Predecessors, etc. time out of memory, etc. for them, their Tenants and Farmers, have been discharged of Tithes arising upon the Manor; and shows that he had been Copyholder of the said Manor, time out of memory, etc. and prescribes in his Lord the Bishop of Winchester's Name (the Spiritual Court would not allow this Plea) but Per Cur. a Prohibition was granted although here be a Prescription upon a Prescription, 
Prescription upon a Prescription.  one in the Copyholder to make his Estate good, the other in the Bishop to make his Discharge good, yet it was allowed; for all Copy-holds are derived out of the Manor; and it shall be intended, That this Prescription had its commencement at such time when all was in the Lords Hands, and the one Prescription is not contrariant to the other, although both were from time whereof, etc. Prescription in the Lord ought of necessity to precede the Prescription in the Estate of the Copyhold, and the discharge of Tithes in the Lord (which may well be in this case, because he is a Spiritual person) trenches to the benefit of the Tenant, who is a Copyholder; for by this means it may be presumed that the Lord had greater Fines and Rents, Yelv. 2. Croucher and Friar, which case is more largely Reported by Cro. El. 784. Otherwise a Copyholder which is a Temporal person cannot prescribe in non decimando.  
Prohibition granted out of B. C. against the Ordinary of G. and one Branch; the surmise was, That the Land out of which the Tithes were demanded, is Copyhold, parcel of a Manor, of which a Prior was seized in Fee, and was also Parson imparsonee, 
Union.  by which Union the Tithes were extinct. Per Cur. the surmise is not good, and a Consultation was awarded; it was no good Prescription to discharge the Tithes, Moor Rep. n. 356. Branches Case.  
A Prohibition prayed, upon a surmise that the Dean and Chapter of C. seized of the Manor and Rectory of M. and one G. a customary Tenant prescribes, That every Tenant of his Tenement hath used to pay 3 s. 4 d. to the Lord, who is also a Parson, in discharge of his Rent and a fourth part of the Tithe of B. Per Cur. it's no good Prescription, for the Parson cannot libel for the Rent, nor the Lord for the Tithe, 
Uncertain.  and non constat what each should have, and the Parson must have a satisfaction, or else there can be no discharge, 1 Keb. 886, 906. Wilkinson and Richardson.   

Traverses.  

Traversing the day of the Grant.  In Ejectment, The Defendant entitles himself by Copy, granted 44 Eliz. The Plaintiff by Replication entitles himself by Grant, 1 June, 43 Eliz. The Defendant maintains his bar, and traverseth absque hoc, that the Queen 1 June, 43 regni sui, granted the Land by Copy, modo & forma prout, etc. This Replication is not good, for the day and year of granting the Copy is not material, but only whether it were granted before the Copy made to the Defendant; therefore he ought to have traversed absque hoc, That the Queen granted modo & forma prout, etc. and this is matter of substance, and not aided; the traversing of the day where it ought not, is matter of substance, for thereby he makes it parcel of the Issue, which ought not to be, Cro. Jac. 202. Lane and Alexander, 1 Brownl. 140. mesme Case.  
In Ejectment, The Defendant pleads the Land is Copyhold, parcel of the Manor of S. whereof the King was and is seized, who by his Steward granted the same such a day to him in Fee, Habend. etc. by virtue whereof he was admitted, entered and was seized, and so justifies. The Plaintiff replies, That long before the King had any thing in the Manor, Queen Elizabeth was seized in Fee, in Jure Coronae, who by her Steward at such a Court, granted the Land in question by Copy, to him in Fee, Habend. etc. secundum consuet. etc. who was admitted and entered; 
Confessing and avoiding.  Per Cur. the Replication is good, and the Plaintiff need not Traverse the Grant alleged in the Bar, by the Defendant; for the Plaintiff hath confessed and avoided the Defendants Title by a former Copy granted by Queen Elizabeth, and so need not traverse, and as no man can have a Lease for years without assignment, no more can a man have a Copy without a Grant made in Court, Cro. Jac. p. 299. Rice and Harrison, 1 Brownl. p. 147. mesme Case. The Plaintiffs Replication is good without any Traverse, for how can the Defendant have this, when as the Plaintiff had it before, as by his Replication appears? for that his Lease being first in time, avoids the Defendants Lease, being the latter; and therefore the Defendant in this case, aught to have rejoined, and so to have traversed the first Lease; but by his Demurrer to the Replication, he hath confessed the Lease under which the Plaintiff claims; mesme Case 2 Bulstrode, p. 1. 6 Rep. Helliar's Case.  
A man pleads a descent of a Copyhold in Fee; the Defendant to take away the descent, pleaded, That the Ancestor did Surrender to the Use of another, 
Traversing the dying seized.  absque hoc, That the Copyholder died seized. Per Cur. the Traverse is ill, because that he traversed that which needed not to be traversed; for being Copyhold, and having pleaded a Surrender of it, 
Difference between that and at Common Law.  the Party cannot have it again, if not by Surrender: But if a man plead a descent of Inheritance at Common Law, there the Defendant may plead a Feoffment made by the Ancestor, absque hoc, that he died seized, because he may have an Estate by disseisin after the Feoffment. Traverse of the descent and not of the dying seized, is not good, March, p. 21. Anonymus.  
Copyhold Land was granted by the Lord of a Manor, 10 May, 3 Car. to the Wife of Tho. Kett; and in the Replication the Defendant justifies as Bailiff to Tho. Kett; the Plaintiff confesseth the Land is Copyhold Land, but that the Lord granted it 1 Jac. to N. S. in Fee, who had two Daughters, the Wife of the Plaintiff, and the Wife, of Tho. Kett, and died seized, and that the Lands descended to them, upon which it was demurred. By Berkley, the Grant of the whole aught to be traversed, 
Coparceners.  or confessed and avoided; for the first Grant shows that the Defendant was in of all, and the descent to the Wife is but for a moiety, Dyer 171. pl. 8. Per Cur. upon the whole matter disclosed, Quaere if a Coparcener cannot distrain upon the Land of another, 
Matter of Form.  damage pheasant; and the matter of form in the pleading, ought not to be regarded by the Judges, upon Statute, 23 El. Cap. 5. Judgement was pro Quer. Hutton said, The descent which was pleaded makes the second Grant void; but by Richardson, Though it be avoided, yet it is not confessed, Hetly, p. 114. Port and Yates.  
In Replevin, the Defendant avows for damage fesant, by reason of a Copy granted to him of the place where, etc. by the Lord of the Manor, Cooper Bishop of Winchester. The Plaintiff saith, That before Cooper, Horn was Bishop, by whose death the Temporalties came into the Queen's Hands, and this Copyhold, during the time that the Temporalties were in the Queen's Hands, Escheated; and the Queen granted it to the Plaintiff in Fee, by force whereof he put in his Beasts, 
If there is not confessing and avoiding, there must be a Traverse.  and traverseth the Grant by Cooper. Per. Cur. this Traverse is good, and aught to be, for there is not any confessing and avoiding, because he doth not confess the Seisin and grant by Copy; but if he had confessed, That the Bishop had entered and granted it by Copy, 
Where needs no Travers.  than there needed not any Traverse: So where one justifies by Lease from J. S. the Plaintiff saith, That J. S. enfeoffed himself, it is not good without a Traverse, Cro. El. p. 754. Covert's Case.  
In Ejectment, 
Ancient Demesn pleaded. Replication, That they are Copyhold and Traverse.  The Defendant pleaded that the Lands were ancient Demesn, and pleadable by a Writ of Right Close, etc. The Plaintiff shows, That they were Copyhold Lands, and parcel of the Manor, and entitles himself by Lease under the Copyholder, and traverseth, That they were impleadable by a Writ of Right Close; the Traverse is well enough taken, Cro. Jac. 559. Pimmock and Helder.  
The Avowant hath Election to Traverse any part of the Plea which goes to the end of the Action, or justifies the Action.  

Traverse the consequence.  In Ejectment, the Defendant pleaded, That the Lands were ancient Demesn, and pleadable by a Writ of Right Close, etc. the Plaintiff shows they were Copyhold Lands, parcel of the Manor, and entitles himself by Lease under the Copyholder, and traverseth that they are impleadable by a Writ of Right Close. Demurrer, because this Traverse, that they were impleadable, is but the consequence of ancient Demesn, and therefore not traversable; but Per Curiam, that the Traverse is well enough taken.  

Where a particular Custom is confessed in the rejoinder he ought to Traverse the general Custom.  If the Plaintiff in his rejoinder confesseth a particular Custom, he ought to Traverse the general Custom alleged by the Defendant; as in Replication the Defendant allegeth a general Custom, Quod quaelibet femina cooperta viro, joining with her Husband in a Surrender of Copyhold Lands; and being privately examined by the Steward, that this by the Custom is a good Surrender; the Plaintiff replies, That there is a Custom in the Manor, quod quaelibet, etc. who is of full Age may Surrender; but the Wife who surrendered here was of full Age, and doth not traverse the other Custom, And Per Curiam, it was ill, Lit. Rep. 174. Anonymus.   

Precedents and Forms of Pleading as to Copyhold Estates.  
The Form of Pleading that a Message is parcel of a Manor, & dimissibil & dimiss. per Copiam, 1 Sanders 146. Wade and Batch.  
That the Lands are Copyhold Lands, etc. 2 Sanders 321.  
Pleading of a Surrender made in the Court of the Lord of the Manor, to the Use of J. W. in Fee, and of the Grant of the Lord to the said J. W. accordingly, 1 Sanders 146.  
Pleading of the Surrender of a Remainder of a Copyhold Estate, to one for Life, to another for Life, to another in Fee, and admission of them accordingly, 1 Sanders 147.  
Pleading the Admittance of two Tenants in the Remainder for Life, the Remainder in Fee, 1 Sanders 147. Wade and Batch.   

The Form of Pleading Copyhold in Fee-simple, in Tail, for term of Life or Years.  
In Fee-simple, Hern p. 80. Co. Entr. 10. 647. 
Estate▪  3 Br. 463. Hern 227.607.  
In feod simplici, Tail, Life or Years, Ra. Ent. 627. Co. Ent. 206. U. B. 128, 157. Co. Ent. 657, 123. Hern 679.  
Ad terminum vite vel vitarum, Hern 653.  
Ad terminum 2 vitarum successive, Hern 72.  
Ad terminum 1, 2 vel 3 vitarum successive, Hern 83, 123.  
Simile in possessione, Hern 711.  
Ad terminum vite vel vitarum tam in possessione quam in Reversione, Co. Ent. 373, 672.  
Ad terminum 1 vel 2 vitarum in possessione & 1 vite in Reversione, Hern 724.  
Ad Terminum 1 vite in possessione, & 1 vel 2 vitarum in Reversione, Hern 254.  
Ad terminum 1, 2 vel 3 vitarum in possessione vel 2 vitarum in reversione unius vite in possessione, Coke Ent. p. 184, 3 Br. 745.   

Pleading Surrender.  
Surrender in Cur ad usum in feod. Ra. Entr. 627. Co. Entr. 206. 3 Br. 465.  
Extra Curiam in manus 2 Tenent’ ad usum in feod, Co. Entr. 575, 645.  

Usi.  Extra Curiam ad usum W. pur vie Remainder all Baron & Feme & Heirs de Feme, Co. Entr. 207.  
In manus Dom, Co. Entr. 575.  
Per Tenant pur vie, de moiety all use des Fitz, Hern 255.  
Per 2 Tenants pur vie all intent de regrant, Hern 656.  
Per Feme Covert secret’ examinatur, Co. Entr. 576. 3 Br. 465.  
Per Attorn secundum consuetudinem Manerij, Co. Entr. 657.  
Per literam Attoruat’, Co. Entr. 576.  
Presentment per l' homage de surrender extra Curiam, Co. Entr. 206.  
Simile per tenent’ jacen in extremis, Co. Ent. 206.  
Admissio secundum sursum redditionem, Co. Entr. 207, 575, bis 577, 645, 657.  
Admissio heredis super descensu, Cro. Entr. 575, 657.  
Dom concessit querenti terras custumar que ei descend, restituend eum ad jus, ubi terre fuer prius concesse alij, qui obiit, Ra. Ent. 628.  
Dominus ob certas causas seiseivit terras custom & concessit eas in feod all W. cui Vir et Vxor propretarij unde relaxaverunt jus, 3 Br. 464.  
Dominus ex traditione propria grant all un pur vie per Copy, 1 Coke 117.   

Grants.  
Grant per Copy in Fee, Rast. Entr. 627. 
Limitation dea Estate.  Co. Ent. 9, 10, 123, 274, 645, 611, 657. 3 Br. 97, 464. Hern 81, 226, 707.  
Simile all Baron & Feme, Ra. Entr. 627.  
Simile all Baron & Feme & Heirs deal Feme, Cro. Encr. 575.  
Al un pur vie ove several Remainders in tail, & in defectu exitus quod terre venderentur, & devar inde provenien disponerentur juxta Testamentum, Co. Ent. 207.  
Al un pur vie, Co. Ent. 576, 662.  
All 2 pur vies, Co. Ent. 273. Hern 73.  
All 3 pur vies successive, Hern 83, 711.  
Al un pur vie en Reversion, Hern 255.  
Grant all un pur vie in Reversion apres mort de Tenant pur vie per primer grant, Hern 724.  
Simile all 2 pur vies in Reversion; Co. Ent. 114. bis 662.  
Per Senescallum Regis, ratione Temporal Episcopatus in manu Regis duran vacac. Co. Entr. 645.  
Grant reddend & faciend redditus consuetudines & servitia consueta, Co. Ent. 662.  
Terres grant per nosmes, Co. Entr. 662. Hern 254, 255.  
Pleading a Manor held by another Manor, 11 Rep. p. 17. Sir Henry Nevil's Case.  
Cur tent’ coram Dept’ Senescallo, Co. Entr. 570.   

Forms of Plead of Lords and Copy-holders' in reference to Common.  
Per Dom Manerij habere communiam pro tenentibus Custumariis, Hern 117, 124.  
Rex Seisitus de Manerio habuit communiam Pasture in bosco pro se & liberis tenent’ & custumar manerij pro omnibus averijs ꝑ tot’ Annum, Co. Entr. 656.  
Rector Ecclesie seisitus de Manerio Rectorie habuit communiam pro se & tenen custumar Messuag' & Terrarum in loco in quo, etc. pro omnibus magnis averiis per tot’ Annum, Co. Entr. 574.  
Vn seisitus de Manerio habuit communiam pro se & tenen suis in terris tent’ de manerio, quando non seminantur, Co. Entr. 118,  
Quer seisitus de manerio habuit communiam pasture pro tenen custumariis Messuag' & Terrarum in 10 Acres Pasture pro omnibus averiis per tot’ Annum, Co. Entr. 9 9 Co. 112. Hern 117.  
Domini separalium Maneriorum habuer communiam pasture pro tenen custumariis causa vicinagij, Co. Entr. 10. vet’ intur 191. de injur propr & traverse prescript’.  
Prior seisitus de manerio habuit communiam pro se & tenementis suis ad voluntatem, in terra, post blada asportata usque reseminationem, & quando facet frisca per tot’ annum, Et in prato post foenu asport’ usque Purit', Rast. Entr. 622. 1 Brownl. 66.  
Trans bar' per prescription de communia in clauso parcel Manerij.  
Repl protestando quod clausum non est parcel Manerij, pro placito de injur propria, & travers prescription, 3 Browl. 418.  
Iustificat’ in Trans pro common per Custome infra Manerium pro defectu sufficien fensur Def. existen. Lessee p ans d'un Widdw que tenuit terras per Custome quamdiu casta & innupta viveret, Tomps. 331.  
Trans. Iustificat’ pro common & prescribe in in Dom Manerij, Tomps. 371, 379, 392, 418.  
Pled que customarij Tenants debent habere solam & separalem pasturam cum liberis tenentibus pro omnibus averiis (barbits except.) Levant & Couchant, 1 Sanders 347. 2 Sanders 321.  
Pled que custumary Tenants usi sunt habere separalem pasturam come appurtenant Tenementis suis, 2 Sanders 351.  
Per Lessee del Copyholder, de Turbis fossis in communia pasture, Hern 80. Simile pro, Hern 116.  
Bar in Repleg, That he is Copyholder of another Manor of Copyhold, called P. and prescribes for Common in loco quo, etc. omni tempore Anni pro omnibus averiis communicalibus Levant & Couchant, sur le Cohy-hold appell. P. & que posuit averia sua utendo communia, Repl per Traverse que barbits la fuer Levant & Couchant, etc. Demur special, the Traverse not being good, Winch Entr. p. 970. By four Judges the Traverse was good; it's an essential part of the Plea, and the Avowant hath election to Traverse any, part of the Plea which goes to the end of the Action or Justification.  
Pled Custom aver common in loco in quo, etc. Repl de son Tort Demesne & traverse que les avers fuer Levant & Couchant sur le Copyhold Tempore quo, etc. Rej. & issue sur le Traverse, Winch. 1068. ad 1071.  
Def. in Trespass plead severally pro def●● sufficien' fensur & monster lour Title all Copyhold Estates, Tomps. 410.  
Iustificat’ lordship Common per Custome per un Copyholder, Toms. 410.  
Custom pleaded, quod tenen custumarii habeant communiam pasture per tot’ Annum in terris parcel Manerij, Hern 81.  
Simile in terris non allegat’ fore parcel Manerij, Hern 708.  
Simile pro averiis vocat’ Horse-Beasts, Neat-Beasts, Levant, etc. per totum Annum, Coke Etr. 10.  
Simile pro bobus levan a festo ad festum in pastura, 3 Br. 61.  
Simile in 7 acris terre post blada messa & asportat’ ex eisdem & resid camporum usque Annunciac̄ nisi interim seminat’, 3 Br. 96.   

De Arboribus.  
Bar to the Avowry, That Sir R. D. was seized of the Manor of R. Vnde, etc. locus in quo, contains 14 Acres, and are customary Lands, held of the said Manor, Sir Robert granted this by Copy to T. who died, and the Premises descended to T. his Son, etc. who demised for a year to the Plaintiff. Replication, The Defendant confesseth the seisin of Sir Robert, but said the 20 Acres of Land, and 30 Acres of Meadow (of which the 4 Acres are parcel) are custumary Lands of the said Manor, which Lands Sir Robert granted by Copy to T. T. the Father. T. the Father forfeits his Copyhold Land for Waste, and Sir Robert enters for the Forfeiture, etc. rejoinder, the Plaintiff confesseth the matter in the Replication to the seisin of T. T. the Father: And farther the Plaintiff shows, the Custom of the Manor was for every Copyholder d'amputer & decapiter tam touts arbores que devant ustoient estre amputes, & decapitates quam touts juveniles arbores n'esteant pluis que 12 Inches square all stubb. The Trees supposed to be decapitated by the Father, were decapitable by the Custom, etc. Demur. Winch Ent. 1022. &c: Drury's Case.  
Bar all cognizance, Dean & Cap. West. seisit’ de Manor de T. a quel certain custumary Tenants appertain, etc. S. H. fermor deal Dean & Cap. & Senesc del Manor all Court tenus 28 March grants all Plaintiff in Fee, secundum consuetudinem le lieu in Question parcel del Manor. Custom del Manor fuit pro chesun Tenant aver common en le lieu in Question, per que le Plaintiff mit sa vache pur user sa common jesque, etc. Repl. per confession vel grant des customary Terres all Plaintiff, mes ouster il replie que D. & Cap. 7 May 8 Jac. demised all H. H. le dit Manor pur vies deal A. sa feme H. son fitz. & J. sa file, & que un altar Close de Pasture nosme L. estreant custumarij terres 28 March 18 Jac. fuer grant per H. all Green in Fee, & Green 10 June, fist Waste per succision de Timber (Ash) in le man 21 April 15 Jac. le Plaintiff ove auters deal Homage fuit jure d'enquirer des choses enquirables deins le Manor, le Plaintiff refuse a presenter le Waste pur que il forfeit’ son Copyhold, le Signior 12 July, 15 Jac. enter & le Def. come Bailiff a luy distrain pur damage fesant. Rej. Quod protestand que Senescal ne done luy un charge de presenter le Waste & que il nemy refuse a presenter ceo pro placito dic qd D. & Cap. demise all H. prout devant & que il grant all Green en Fee, & monster Custom del Manor que chesun Ten poet crop & lop arbores crescents sur leur customary Terres (except Fruit Trees,) & traverse le succision del Ash in le man la. Demur genal all rejoinder, Winch Entr. 931. all 934. Adjudged pro Quer sur gross default in Pleading; the Forfeiture is alleged to be in May, and the Court was holden in April before, which was impossible, Vide mesme Case Winch Rep. p. 63. Webb and Barlow.  
Vide Winch Ent. 125. all 129.  
Custom that every Tenant had used to take Woods and Underwoods', 2 Brown 350, 251. 1 Brown 273, 274.   

De Aquae cursu.  
Prescript’ per seperales Dominos Manerii de aqua pro tenen custumariis, Hern 255.   

De Chimin. Way.  
Pro domino Manerii habere viam, etc. ꝑ tenen custumariis trans diversa clausa, etc. Hern 72, 711. 1 Brown 368.  
Prescription to have an Horse and Footway appertaining to a customary Message and Close, over the Close newly assigned, and the Lord of the Manor grants to Tenant for Life, by Copy. Defendant justifies as Servant to Tenant for Life, for to use the way. Replication de son Tort Demesn, with a Traverse of the Prescription. Rejoinder, by maintenance of the Prescription, and Issue upon this, Winch 1093. Lock and Troublefield.  
Bar in Trespass, That every Copyholder had an Horse and a Footway, etc. 2 Brown 248, 249.   

De Enclosures.  
Facere sepes & fensuras clausi versus venellam, ne averia tenen custumar ibidem evadant pasturam, Hern p. 708.   

De Forisfacturis.  
Trns Bar quod P. seisitus de manner grant custumar terres all Def. pur vie, Repl Def. forisfecit terras per non residence per custom. rejoined Def. fuit residens apud manerium & non extra. V B. 157.  
Trns Bar per Franktenement, Repl Terres sunt custumar & grant all Def. in Fee. rejoined quer forisfecit terras per succissonem arborum Sur maintenance de Replic. Demur inde, Co. Ent. 277, 280.  
Similis Bar & Replic. Rej. quod quer forisfecit terras per decasum horrei. Surrej. Dominus expulsit quer & dimisit aliis. Horreum cecidit. Quer reintravit. Et travers quod quer fecit voluntarium vastum permittend horreu cadere, Co. Entr. 280.  
Similes Bar & Repl Rej. quer forisfecit terras per sectam Curie infactam. Surrej. Dominus expulit quer & dimisit alij Cur tent’.. quer reintravit, Et postea Curia tent’ ad quam quer fecit defalt’ Demur inde, Co. Entr. 289.  
Des terres devises pur Conned broken & Heir enter, 1 Rep. 21.  
In Replevin, the Defendant makes conizance as Bailiff to Sir Robert Chichester, by Damage pheasant. Bar to the Conisance, Sir john Chichester, Father to the said Sir Robert, seized of the Manor of D. unde locus in quo est parcel, and customary Lands in Fee, granted by Copy to Geo. Allen in Reversion for Life: Tenant in possession dies, Geo. Allen enters, and the Manor descended to Sir Robert. Geo. Allen espoused the Plaintiff, and dies. The Custom of the Manor was, That the Wife of every customary Tenant pur vie, dying in possession shall have her Widow's Estate, by which her Husband being dead, the Plaintiff enters and was seized for Life, and put in her Beasts till the Defendant took them, etc. Replication, the Defendant confesseth the bar, as far as the entry of the Husband of the Plaintiff, and the descent of the Manor to Sir R. But saith the Plaintiffs Husband such a day committed Felony, by stealing a Mare, and was Executed for this; for which the Lord entered as forfeited. Demur general, and joinder, Winch Ent. 968. to to 970. Allen and Branch. By Winch, the Woman shall not have her Widow's Estate without special Custom, as in Gavelkind, The Father to the Bough, the Son to the Plough.  
Similes Bar & Repin.  
rejoined. maintenance de franktenement & traverse le grant per Copy, Co. Entr. 280.  
Similes Bar & Repl. Rej. quoth quer forisfecit terras per Forgery del Roll de Customs. Surrej. Quer & alij tenentes agreaverunt ponere consuetud manerij in script’, & traverse Forgery, Co. Entr. 280.  
Forisfactt’ (pleaded) pur fine insolut’ Surrej. quod finis non fuit rationabilis. Demur ind. Co. Entr. 645, 647.  
Forfeiture de term per tenant pur ans & demise pur vie, Plo. 188.  
Simile by Fine levied, Co. Entr. 691. 1 Rep. 71. Hern 25.  
De terme pur felo de se, Plo. 254. Rast. Entr. 609.  
De Estate de tenant pur vie per alienation in Fee, Ra. Ent. 65, 208, 398, 647. 1 Rep. 107. Vet. Intr. 30, 121.  
Per Recovery per fraud en Formedon, Ra. Ent. 643. 1 Rep. 82.   

Bars per franktenement. Repl. quod terre sunt cust. bars que sunt customary terres, etc.  
Trns. Bar quod C. seisitus de manner grant customar terres all D. de quo descend all Def. Repl quod manner descend quer qui fuit seisitus quousque trans & travers quod terres sunt customar V.B. 153.  
Dower. 
Dower.  Bar quod terres sunt Copyhold & grant per copy, & issint non-tenure Repl. Tenens est Tenens ut de libero tenemento, Ra Ent. 231.  
Repl Bar quod F. seisitus in see priest all baron Def. qui est Tenant per le Courtesy. Repl terres sunt customary, & travers quod F. fuit seisitus in Fee, Hern 681.  
Trns. Bar quod terre sunt Liberum Tenement’. Def. Rej. quod terre sunt custumar & fuer dimiss. quer per copiam. Repl. per maintenance de franktenement & traverse grant per Copy, Co. Ent. 180. per Title Surrender & Admittance, Fine.  
Repl Bar per Title all customary terres all J. Feme de H. in Fee, & descent all Def. Repl H. & J. ad talem curiam (ead J. existen sola examinat’ per seneseal) surrender all use de quer Rej. maintenance de descent, & travers quod J. fuit sola examinat’, 3 Brownl. 270.  
Trns Bar quod J. seisitus de terris custumar surrender all use de S. qui fuit admit, & descent. Def. reply qd I. surrender sur condicon de payment. Et quod obtulit denar quos def. recusavit. Rej. non obtulit denar, Co. Ent. 657.  
Repl Bar quod D. seisitus de manner grants custumar terres all Def. pur vie. Replic S. prius seisitus de Manner grant all Plaintiff pur vie. Rej. Plaintiff surrender all use del J. etc. Surrej. maintenance deal Avowry & Traverse le surrend, Hern 653. & 753. Vide.  

Surrender & Descent.  Avowre que W. Roy seise de Manor grant in Fee all M. qui surrend all use de Def. Repl' W. prius seisitus de manerio grant all J. de quo descend all P. qui surrend all use de M. pur vie, qui demise all querenti. Rej. W. devant grant all J. grant all B. de quo descend all M. qui surrend all Def. Et Traverse grant all J. Co. Ent. 575.  
Trns Bar quod E. seisitus de Manor pur vie grant all Def. in Fee. Repl' H. seisitus de river de Manor puis mort de E. grant terres all quer & Traverse grant all Def. Co. Ent. 660.  
Trns Bar quod Abbas seize de Manor grant custumar terres all J. & H. in Fee. H. surrend all use de R. qui fuit admit’ & de luy descend all Def. Replic quod Terres descendebant juniori filio per consuet’ manerij. Abbot granted all dit R. contra consuet’ qui mor seize. Abbas restituend grant all quer junior. filio & traverse que Abbas granted all J. & H. Rast. Ent. 627.  
Trnns' Bar quod dominus manerij ob certas causas seisivit terras custumarias unde E. fuit seisitus pur vie & grant all M. in Fóe. E. Release. M. Surrend all use de Def. qui fuit admissus. Repl' E. mor seisie, & descent querent’ & Traverse le Release, 3 Browl. 463.  
Trns Bar quod T. seisitus de Manor grant per Copy all Def. pur vie. Repl' Abbot prius seisitus grant all R. pur vie, & puis grant le Revereon all Plaintiff pur vie. Rej. Abbot devant grant in reversion demise Manor pur ans all J. le Roy seize per surrend del Abbot grant Manor all dit T. Surrej. Maintenance de grant in Reversion per Copy & Traverse demise de Manor, Co. Entr. 662.  
Trans Bar ꝑ franktenement. Repl' que terre fuit customar & fuit grant per Copy pur vies. Et per Custom Feme Plaintiff est seize lordship son free Bench, 3 Brownl. 474.  
Trns Bar ꝑ franktenement. Replic R. seisitus de Manor grant ꝑ Copy en Fée all J. qui surrender all use de Plaintiff qui est admit. Rej. ꝑ consuetud manner Dominus habere debet finem pro admissione. Et quer forisfecit teras ꝑ finem insolut’. Surej. finis non fuit rationabilis Demur inde, Co. Ent. 657.  
Quod J. seisitus de manner unde tere custumar descend fun filio ꝑ consuet’ concessit teras viro & Vx. & hernd viri Vxor suꝑ vixit, & reversio descend fratri & de eo dese. juniori filio, Hern 679.  
Bar in Repl quod T. W. was seized of the Manor of H. (unde locus in quo est parcel & custumar teres) in Fee. Custom of the Manor was for every Tenant to hold successive, as they are named in the Copy. W. grants to john Podger and E. and M. his Daughters, for their Lives. john enters and was seized for Life, he dies, and E. enters and was seized for Life; she afterwards marries the Plaintiff, by which he was seized in right of his Wife and put in his Beasts, until, etc. and avers the Life of the Wife. Repl Def. protestando the place in Question is not parcel of the Manor of H. etc. pro placito, he confesseth the seisin of W. of the said Manor, unde, etc. and that there was such a Custom as the Plaintiff hath alleged; and that W. granted to Podger and his Daughter for Lives, and shows the entry and seisin of the Father: But farther saith, That W. by Indenture Enrolled, bargained and sold the place in Question to john Podger in Fee, and the Act of 27 H. 8. De uses & proclamat’ upon a Fine, according to the 4 H. 7. and the Fine levied to the Use of john Podger in Fee; he dies and the Premises descend to Marmaduke his Son, who levies another Fine of the Premises to the Use of him and M. his Wife, and the Heirs of the Husband: The Husband dies, his Wife survives, and enters into the Premises; and after the Plaintiff enters and puts in Beasts, etc. upon whose possession the Wife reenters, and the Defendant takes the Beasts of the Plaintiff. E. did not claim within five years, and that the Plaintiff and his Wife were barred. Upon Demurrer general to the Replication and Rejoinder, the Judgement of the Court was, That the Fine was not a bar, Winch Ent. p. 926 ad 929. Vide the Argument of this Case, 9 Rep. Margaret Podgers Case.  
Avowry ꝑ Lessée p̄ ans del Evesque lordship Damage Fezant, & aver le vie del Evesque Bar que le lieu est parcel d'un Manor & demisable ꝑ Copy, & entitle luy mesme ꝑ Copy grante ꝑ pdecessor del Evesque. Defend maintain son Avowry & Traverse le Prescription del Copyhold, placita Gen & Spec, 579.  
Bar to the Conisance in Replevin, That the 10 Acres are Copyhold, parcel of the Manor of W. And King H. 8 seized of this Manor, grants by Copy the said 10 Acres to R. D. he dies, and a descent to Grace and Alice his Daughters and Coheirs. Grace dies, a descent to S. E. her Son, who demiseth his part for a year. Keep the Defendant protestur that the 10 Acres are not Copyhold, and that King H. 8. had not granted to R. pro plto, That King H. 8. was seized of those 10 Acres in Fee, & in jur corone, and died seized, and descent to King Edw. 6. who grants them to K. F. and W. F. in Fee. R. releaseth to W. W. dies sole seized, descent to W. his Son and Heir. W. the Son dies without Issue, descent to K. Father of W. in the Conisance; Fine with Proclamation to the Use of R. F. Father of the said W. (in the Conisance named) seisin in Fee. R. dies, descent to W. (named in the Conisance) who entered and was seized in Fee, and because the Beasts were Damage pheasant he maintains his Conisance. Demurs, and Judgement pro Quer, for that the Replication doth not confess or avoid, nor deny the bar to the Avowry, Winch Ent’. p, 997, 998, 999. Foster and Woodcock.  
Eject. Bar que W. seisitus de Manor grants custumar teres in Reversion all Def. & auters pur vies. Repl que W. demised ceo Manor all C. & R. determinable pur vie del M. ills assign all M. qui grant Reversion de teres all H. pur vie. Rej. que D. fuit prius seisitus de Manor que descend all 3 Coheirs quas W. disseise, etc. Surrej ꝑ maintenance de Replic & Traverse le disseisin, Demur inde Co. Ent. 184.  
Replev. Quod Reg. Eliz. seisita de manerio unde, etc. concessit teras custumar R. & M. Vxori ejus & hered Vxoris qui sursum reddider ad usum Def. Bar quod W. prius seisitus de manner concessit terras all J. de quo descend all P. qut sursum reddidit all A. qui sursum reddidit all M. pur vie qui dimisit quer Repl quod W. ante concession all J. concessit teras all B. de quo descend all M. qui sursum reddidit Def. & travers grant all J. & issue inde, Co. Ent. 575.  
Quod J. seisitus de manner unde, etc. concessit Def. pro vita in Reversion teras custumar dimissibil pro 2 vitis tam in Possessione quam in Reversione, Hern 724.  
Trns quod C. seisitus de manerio concessit teras customar in feod all B. de quo descend Def. Repl C. fuit sisitus de manerio unde, etc. quod descend quer & traverse quod ter̄e sunt custum, U. B. 153.  
Trns Def. justif. sub tenent’ custum & monstroit le Estate de Copyhold durante viduitate, Tomps. 395.  
Trnns & novel assignmt’ Def. dicit quod pmissa tempore, etc. parcel & custmaria & dimissibilia ꝑ cop. cuicunque person ill capere volent in Talliat’ seu pro vita. Et quod F. G. pd fuit seisitus ad cur tent’ 26 Martij, dimisit cuidam W. in feodo qui dimisit Def. pro Anno virtute cujus, etc. & done Colour. Repl quod pmissa sunt liberum tenementum quer & sic manutenet narationem & traverse que pmisse fuer parcel manerij de L. Rej. & exitus sur traverse. Keb. 465, 467.  
In Repl Copyhold in Reversion ꝑ copiam tenent’ in possessione advocat captionem pur Damage fesant & custom deal Manor granter Estates en possession ou reversion, Hern 777.    

CAP. XXXIII.  
Evidence, Trial, Issue. What shall be a good Evidence to prove the Custom alleged or not. Presumptive Evidence. Where Copy of a Lease is good Evidence. What shall be tried by the Jury, and what by the Court-Rolls. Substance found in special Verdict. Who may be admitted to give Evidence. When Issue is taken upon a Surrender, where to be Tried. Venue.  

What shall be a good Evidence to prove the Custom or not.  
THE Custom of a Manor was laid to be, That if a Copyholder hath two Sons and a Wife, and dies, and the eldest Son hath Issue and dies in the Life of the Wife, that the younger Son shall have the Land, the Issue being upon the Custom; the Jury found the Custom to be, That the younger Son shall have the Land, unless the eldest was admitted in his Life, and paid the Lords Fine. Per Curiam, the Verdict is not sufficient to prove the Issue, Moor, n. 566.  
In Replevin, If the Defendant justifies the taking as Damage pheasant. The Plaintiff in bar pleads by reason of a Common to such a Copyhold, for all Beasts Levant and Couchant, and avers that these Beasts were Levant and Couchant, etc. upon which the Parties were at Issue; and it is found that part of the Beasts were Levant and Couchant, 
Part found for the whole.  and part not; this is found for the Defendant, for the Issue is upon the whole, and the contrary to it is found, Trin. 17 Jac. B. Sloper and Allen.  
The Issue was in Kemp and Carters Case, 1 Leon. Case 70. p. 55. If the Lord of the Manor granted the Lands in question, Per copiam rotulorum curiae Manerij praed. secundum consuetud. Manerij praed. It was given in Evidence, That within the said Manor were divers custumary Lands, and that the Lord, now of late, at the Court of the said Manor, granted the Land per Copiam Rotulorum curiae, where it was never granted by Copy before: Per Cur. the Jury are bound to find Dominus non concessit, for notwithstanding de facto Dominus concessit per Copiam Rotulorum curiae, 
Non concessit.  yet non concessit secundum consuetudinem manerij predict. for the said Land was not custumary, nor had the Custom taken hold of it. 
Several Customs within several limits ought to be specially showed.  It was showed then, That within the said Manor some customary Lands are demisable for Life only, and some in Fee. By Anderson Chief Justice, He who will give in Evidence these several Customs, aught to show the several Limits wherein the several Customs are severally running; as that the Manor extends into two Towns, and that the Lands in one of the said Towns are grantable for Lives only, and the Lands in the other in Fee, and he ought not to show the several Customs promiscue valere, through the whole Manor.  
In an Action brought, The Defendant allegeth a Custom of a Copyhold to be demised in Fee, tail, or for Life, and made Title by a demise in Fee to himself. The Plaintiff traversed the Custom, and the Custom was found to be, 
Substance found.  to demise in Fee, or for Life, but not in tail: Per Cur. the Issue was found for the Defendant, because the substance was found for him, and the Tail was but inducement, Moor, n. 490. Dorley and Wood  
Wadsworth's Case before Judge Crawley at York Assizes, was upon an Entail of a Copyhold within the Manor of W. and several ancient Intails showed in Evidence, in Edward III. time, and remainders limited over upon such Intails, and Plaints in nature of Formedons, brought there for such Remainders, and Recoveries thereupon, and several Issues after had taken their Admittances, as of Fee simple Land, as Heirs in Fee; and for this cause Purchasers look at the Copies, 
Presumptive Evidence.  and seeing Fee-simple in Admittances, are secure the Estate is so, and apply their Assurances accordingly; the Jury found for the Plaintiff against this Entail, and it shall be presumed the Entail hath been cut off some way, when many Admittances have been in Fee simple.  
The Custom of a Manor is, 
Less Estate than the Custom.  That the Wife shall have it during her Life, and on Evidence it appears that she shall have it, durante viduitate, this Evidence doth not maintain the Custom, 4 Rep. 30.  
If the Parties be at Issue upon the time of the Surrender made, or the Court holden, 
The time of the Surrender or of the Court holden, to be tried by the Jury and not by the Rolls.  the same shall not be tried by the Rolls of the Manor, but by the Country, and the Party may give in Evidence the truth of the matter, and shall not be bound by this mis-entry of time upon the Rolls, for this Entry is not matter of Record, 1 Leon. 189. Burgess and Foster.  
The Issue was upon separalis pastura, 
Evidence to prove separalis pastura.  upon the Traverse of the sole Feeding; the Defendants Evidence was, That the Plaintiff used to Mow, and provide Fodder for Winter, which Per Curiam they cannot, Common being to be taken per Bouch, In North and Holland's Case, 2 Keb. 577.  
If in Ejectment a Lease is pleaded of a Manor, etc. whereof the Tenements in which were parcel, and upon this Issue is joined, Quod non dimisit manerium; and the Jury upon this give a special Verdict (viz.) That there were not any Freeholders', but divers Copy-holders' of the Manor, and that this was known by the name of a Manor, although that this was not a Manor in Law for default of Freeholders; and although this was alleged in pleading to be a Manor, which pleading is made by learned Men; 
Substance found on special Verdict.  and although this was in an Action Adversary and not Amicable, yet for as much as an Issue is tryable by the Lay Gents, and in truth the Tenements in which, etc. pass by the Lease, this Verdict is found for him which pleads the Lease of the Manor; for the substance of the Issue is, whether it was demised or not, M. 22 and 23 Eliz. B. R. Vines and Durham, cited in 6 Rep. 77. Sir Moyle Finch's Case.  

The Custom of neighbouring Manors good Evidence.  The Issue was, whether Fines (called Gresham Fines, ab ingressu) are due to the Lord till full Age; and Evidence for the Defendant was, That other Manors adjoining had the same Custom not to pay till full Age, and allowed, 3 Keb. Champion's Case.  
In Ejectment, The Plaintiff declares of a demise made for three years, and it was confessed by the Plaintiff, That the Lands were Copyhold Lands, and that the Plaintiff had not Licence to demise them for three years, neither could he prove by any Custom, that he could demise them for three years; so the Plaintiff was Nonsuit, and the Lessor taken for a disseisor, Per tot. Cur. 1 Brownl. p. 133. P. 8 Jac. Cramporn and Freshwal.  
By Rolls, 
When proof by Court Rolls are good.  if Copy of Court Rolls are showed to prove a custumary Estate, the enjoyment of such Estate must also be proved, otherwise the proof is not good, Stiles p. 450. in Pilkington and Bagshaw's Case.  
Copy of a Lease which the Lord had in his Hands, 

Copy of a Lease good Evidence. Special Verdict or admission on former pleading good Evidence.  
Copy of the Roll, where good Evidence.   whereby the Tenant had power to make Leases, is good Evidence, without swearing it a true Copy; also the finding by special Verdict or Admission on former pleading is good Evidence, unless the contrary appear, 1 Keb. 720. Lee and Boothby.  
Copy of Roll under the Steward's Hand, who was Council for the Lord, Plaintiff, was admitted good for the Copyholder; but contra of short Notes by way of Breviat, 1 Keb. 720. Lee and Boothby.  
The Copyholder moved the Court, 
Order to bring in the Rolls for his defence, not granted.  That the Steward might be ordered to bring in the Court Rolls to enable him to defend his Title, but the Court denied it, Styles 128.   

Who may be admitted to give Evidence.  
The Steward, 
Steward.  though he had a Fee for Admittance may be a Witness, 3 Keb. Champion's Case.  
To prove a Custom, 
Copyholder.  That a Copyholder may cut Trees, a Copyholder that had not but a Kettle may be a Witness, 2 Siderfin p. 7.  
The Lord may be admitted to give Evidence for the Lessee or Copyholder, 
The Lord.  though the Court would have spared him, had there been other, 1 Keb. 15. Gerrard and Lister.  

Court-Leet Books.  Proof of the Plaintiff Tenant of the Manor, was by Court Leet Books, by presentment of the Homage, and not per Juratores, of any certain place, and so it was supplied by Witness; this was in a Case of Fishing.  

Copy of Court Roll.  By consent, the Jury had a Copy of Court Roll given by the Plaintiff in Evidence, 1. Keb. 22. in Trowel's Case.  
In Ejectment the Defendant pleaded a Surrender of a Copyhold, by the Hands of F. then Steward of the Manor. Issue was joined absque hoc, 
Traverse, that he was Steward, ill.  That he was Steward: Per Curiam, this is no Issue, for the Traverse aught to be general, That he did not Surrender, for if he were not Steward, the Surrender is void; Repleader was awarded, Cro. Eliz. 160. Wood and Butts.   

Venue.  
Where Issue is taken upon a Surrender, it shall be tried where it was alleged to be done, 
Note, when Issue is to be taken upon a Surrender where to be Tried.  and not where the Manor is, of which the Copyhold is holden, Cro. Eliz. 260. Wood and Butts.  
The Custom was alleged to be in Warfield, in the Manor of Wargrave, and the Venire facias was de Wargrave tantum, a good Venue, and need not be from both, 2. Bulstr. 135. Goodgroom and Moor. For the Issue being whether within the Manor there be such a Custom, the Venue shall be only of the Manor, and Warfield being parcel of the Manor shall be intended to be within it, Cro. Jac. 327.  
Custom for Common was alleged to be as to half an Acre of Land Copyhold, parcel of the Manor of Buckland in Buckland, and the Venire was de vicineto Manerij, its ill; for the Manor being alleged to be the Manor of Buckland in Buckland, the Venire facias ought to have been from Buckland, and a Venire de novo awarded, Cro. Jac. p. 302. Mortimer and Pettyfer.  
The Issue was whether the Copyholder in one Town had Common in Land lying in another Town. Exception was to the Trial, because the Venire was not of both Villages, 1 Brownl. 41.    

CAP. XXXIV.  
Of Special Verdict. Imperfect Custom not well found. Failure of Prescription. Finding directly, not argumentatively. How the Custom must be found by the Jury. Substance found. Verdict aided. Precedents of special Verdict.  
THE Jury find quoad parcel tenementorum, 
Quoad parcel, and show not what, and nothing for the residue.  the special matter, and they did not show what parcel, and they found nothing for the residue, and the Verdict was held to be ill for both, and a Venire facias de novo awarded, Cro. Jac. 31. Anselm's Case.  
Special Verdict upon the Custom of the Manor of Toddington, That any Copyholder might Surrender out of Court into the Hands of two Tenants, Copy-holders' of the Manor, etc. The Copy of the Surrender found in haec verba. Toddington in the Margin. At the Court Baron of the Honour of Hampton J. S. and J. D. Tenants of the Honour of Hampton, do present, 
An Honour.  That J. R. did Surrender into the Hands of two Tenants of the Honour. Per Jones, This being a Court of the Honour, and into the Hands of the Tenants of the Honour, it's not good; but by the other three Justices its good enough. For Toddington being in the Margin it shall be said a distinct Court by itself: For an Honour consisteth of many Manors; yet all the Courts for the Manors are distinguished, and have several Copyholders. Cro. Car. 366. Seagood and Hone.  
Special Verdict was, That Copyholder of Inheritance bargained and sold his Copyhold Land, etc. to the Lessee of the Manor, and this was by Indenture, and the Indenture was to this effect, 
Verdict found not according to the Indenture.  That he bargained and sold all his Lands and Tenements, as well Copy-holds as other Lands, bought of John Culpepper, in such a Town; but it is not found by the Verdict nor averred by the Party, That the Land was bought of John Culpepper, and so ill. Winch Rep. p. 67. Hasset and Hanson.  

Custom not well found.  A Copyholder of Inheritance made a Letter of Attorney to two Jointly and severally, to Surrender his Copyhold Lands in Fee to certain Uses, after his death; but the Verdict doth not find that the two Attorneys were custumary Tenants, nor doth it appear that they were customary Tenants at the time of the Admittance (and the premier possession will make a disseisin by the Defendant, if the Custom be not well found; 
It is not found that the two Attorneys were customary Tenants. ) but it was objected, here is so much found as shall make it to be presumed that they were Tenants of the Manor, for it is found that the party is admitted secundum consuetud. Manerij, which cannot be a good Admittance if they were not Tenants. But Rolls answered, to be admitted secundum consuetudinem goes to the Admittance, not to the Letter of Attorney (the Custom is not good) neither is it found that the Land is demisable at the will of the Lord, etc. and so it may be free Land. and the Custom reaches it not, Stiles p. 311. Wallis and Bucknal.  
The Plaintiff entitles himself to have Common of Pasture, etc. to his Copyhold, and the Custom was traversed; it was found he ought to have the same Common, but that every Copyholder used to pay, time out of mind, etc. pro ead. communia unam gallinam, & quinque ova annuatim; upon this Verdict the Plaintiff shall have Judgement; 
Failure of Custom found  this is not a common sub modo, for the Tertenant had remedy for the Hen and Eggs by distress, and it is not parcel of the Issue; but had the Jury found that the Plaintiff shall have Common, paying so many Hens and Eggs, the Issue had been against him, and it had been parcel of the Custom; it's not Modus Communiae, but collateral recompense. One prescribes to carry Water out of the River, the Jury find he ought to have this paying 6 d. yearly. 
Failure of Prsecription found.  Per Cur. he hath failed of his Prescription, for he had prescribed absolutely, and the Jury found it conditionally, or sub modo, and the Tertenant in this Case hath no remedy but by disturbance, 5 Rep. 68 Gray's Case.  
If the Issue be, whether, 
Jury must find directly and not argumentatively.  where a Copyhold is granted to three for the Lives of two, he who dies seized, etc. aught to pay an Harriot Custom, and the Jury find there never was a Grant of such Estate within the said Manor; This is not well found, for this is but an argument that no Harriot ought to be paid, but they ought to have found it directly, M. 15 Jac. B. R. Venus and Howel.  
If the Issue be, whether by the Custom of the Manor a Copyhold may be granted to three for the Life of two, and they find that by the Custom, it may be granted for three Lives; this is not well found, because it is only by Argument, because if a greater Estate may be granted, a lesser may be. So if the Issue be whether a Copyhold may be granted in Tail, and they find it may be granted in Fee, mesme Case.  

What shall be intended by the Juries finding, if, etc. then for the Plaintiff.  Special Verdict upon a Patent from King H. 8. (which Patent was adjudged void to pass the Estate) the Jury find if it were a good Patent then for the Defendant, if otherwise, they find for the Plaintiff. It is intended there is a sufficient Title found for the Plaintiff, unless by this Patent it be defeated; 
If Jury be satisfied the Plaintiff hath Title, the Court ought not to doubt thereof.  so that if the Jury be satisfied that the Plaintiff hath any good Right by any other manner of Title, the Court ought not to doubt thereof, and so is Goodal's Case, 5 Rep. 97. Cro. Car. 21. Castle and Hobbs.  
Custom was pleaded by the Defendant, That if a Copyholder in Fee hath a Wife at the time of his death, and two Sons or more, that the Wife shall have her Free-Bench, during her Life, and that if the eldest Son die, living the Wife, though he hath Issue, his Issue shall not have it, 
Custom must be found in the manner that he pleads it.  but the second Son. The Jury found the Custom that the youngest Son should have it, unless the eldest Son was admitted thereto, as to the Reversion, or made a Fine for it with the Lord in his Life-time: Per Cur. The Custom is not found in that manner that he pleaded it, therefore it is found against him that pleaded it; for he pleaded a general Custom, without exception, and the Custom found is with an exception, and special, as the Case is in Dyer 192. Where a Custom was pleaded, That a Feme should have it, and it was found she should have it, 
Verdict not aptly concluded.  durante viduitate, but in this Case there was not any Verdict upon this Issue, for they concluded their Verdict, Si, etc. they found the Defendant guilty, if otherwise, not guilty, and so there is not any conclusion of the point in Issue. Per Cur. a gross fault, and a Venire Facias de novo was awarded, Cro. El. 415. Boraston and Hay.  
In Trespass, the Plaintiff in his Replication makes Title, That this Land is parcel of the Manor of D. and demisable, etc. by Copy in Fee, in Tail, for Life or years, etc. and the Land was let to him by Copy in Fee; 
Substance found.  the Prescription was traversed, and found that it was demisable, etc. in Fee, but never in Tail, and that it was granted to the Plaintiff in Fee, this was found for the Plaintiff; for the Allegation, That the Land was demisable in Fee, or in Tail, etc. is but a Conveyance to his Title; and for that it was found, that it was demisable in Fee, and that it was demised unto him in Fee, this is the substance of his Title, and so sufficient, Cro. Eliz. p. 431. Doyle and Wood  
In Eject. Fir. If the Jury find a special Verdict, That J. S. was seized of the Manor of D. in his Demesn, as of Fee, in which Manor was a Copyholder of the place where, etc. and commits Waste, by cutting down an Oak, and that after J. S. dies, and the Lessor of the Plaintiff, being his Cousin and Heir, enters in the Manor, in the place where, etc. for the said Forfeiture, and was of this seized in his Demesn, as of Fee, and concludes si super totam materiam, etc. This is not a good Verdict, because it is not found that J. S. died seized of the Manor, and that this descends to the Lessor, 
Seisin and descent as Cousin and Heir.  as his Cousin and Heir, for it may be that J. S. aliened the Land and that the Father of the Lessor, or the Lessor himself re-purchased this, and that he was also Cousin and Heir to J. S. and although it be in a Verdict, it shall not be intended, that the Fee continued in J. S. at the time of his death, and that he died thereof seized, without finding it, 2 Rolls Abr. 699. Cornwallis and Hammond.  

Part found, the Issue upon the whole, not good.  In Replevin. The Defendant justifies by reason of Common to such a Copyhold, for all Beasts Levant and Couchant, and avers that these Beasts were Levant and Couchant, etc. upon which the Parties are at issue, and it is found that part of the Beasts were Levant and Couchant, and part not; this is found for the Defendant for the whole, for the issue was upon the whole, and the contrary is found, 2 Rolls Abr. 707. Sloper and Allen.  

Precedents in Special Verdicts.  
Quod Tenementa sunt custumaria & dimissibilia per Copiam & dimissio per Dominum ex traditione propria, 1 Rep. 117. Chudleigh 's Case.  
Sursum redditio & admissio in feodo, Co. Entr. 207.  
Simile in Tallio & communis recuperatio inde, Co. Entr. 206.  
Tenementa concessa per copiam la A. & B. super vixit, Co. Ent. 273.  
Consuetudo infra manerium de devisatione, & devisatio in haec verba, Co. Ent. 124.  
Littera Attornat' add sursum reddend' tenementa custumaria, sursum redditio & admissio superinde, Coke Entr. 576, 577. Et si sit sufficiens in Lege.  
Manerium & Tenementa ab antiquo discendebant 2 percenariis, qui fecer' partitionem de terris dominicalibus, ac Tenementa Custumaria & servitia remanser' in communi, Coke Entr. 711.  
Officium Seneschalli manerij execut' per deput' & contentio inter 2 Seneschallos, de Cur. Baron Tenend. 9 Rep. 45.  
In Ejectment, Jury find that the Lands are demisable by Lives, in possession or reversion, and that the Widow in possession held the Lands so long as she remained sole and chaste, and that M. C. Widow was seized for Life, durante viduitate; the Lord grants the Reversion of the said Lands by Copy, to R. C. the Son of M. for Life, to commence after the death, forfeiture or surrender of M. M. surrenders one moiety of the Premises to R. The Lord dies, descent of the Manor to C. S. his Cousin and Heir. R. Tenant for Life of one moiety, and M. Tenant in Free-Bench of the other moiety; the Lord by Indenture demiseth to the Lessor of the Plaintiff for 99 years, (if he and J. and B. his Sons shall so long live) to commence after the death and determination of the Estates of the said M. and R. and of the viduity of such person as shall be his Wife at the time of his death. M. surrenders her moiety to R. R. dies seized of both moieties. P. C. (the Defendant) his Wife is admitted; she commits Fornication and had a Bastard. Jury find the entry of the Lessor. If the Lease shall commence before P. dies was the Question, Winch Ent. 455.  
Jury found that the Message and Lands tempore quo, etc. & tempore horse memory, were custumary, part of the Manor of B. a Prebend of S. demisable by Copy of Court Roll, for one, two or three Lives, and that by the Custom of the Manor, every Tenant for Life sole seized of any customary Estate for Life in possession, may nominate one to succeed him to be Tenant to the Lord for Life, and that the party nominated used to require his Admittance, and pay such Fines as were taxed by the Homage. Another Custom was, That every customary Tenant sole seized in possession, may cut Timber Trees, etc. and that Mason the Defendant being Copyholder for Life, 1 May 40 Eliz. named R. P. to be his succeeding Tenant. They also find that Robert P. being Prebendary of the said Prebend, and seized in Fee of the said Manor, 20 March 40 Eliz. demised by Indenture, the Manor of B. to Peter Hoskins, for three Lives, and by the said Indenture Bargains and Sells to him all the Timber Trees, etc. by which Indenture is a Letter of Attorney to make Livery; and they find the Endorsement on the Indenture to this effect, Midd. That J. B. one of the Attorneys entered into part, and made Livery. Midd. That J. G. the other Attorney entered into part, and made Livery. The Livery made in the House of the Lord was Endorsed, but it is not mentioned to be part of the Manor: The Jury find the entry of Peter Hoskins, and seisin for three Lives, according to the Lease (which aids the other Imperfections. 
Verdict aided. ) 1 Jan. 43 Eliz. Peter Hoskins demiseth to J. Hoskins, Masons Tenement and Lands for 99 years, March 3 Jac. Mason continuing customary Tenant for Life, after his nomination aforesaid, cut down 20 Trees off his Copyhold; upon which J. Hoskins 6 Jac. entered upon the Land, and demised to the Plaintiff, who enters upon Mason, who reenters, and if his reentry be lawful, they find for Mason, 
After nonsuit one of the Defendants was dead, this suggestion must be entered on the Roll.  and if not lawful, they find for the Defendant, Winch Ent. 440. Rowls and Mason.  
In Ejectment to try the Custom of E. of Copies for three Lives, the Plaintiff was nonsuit, and one of the Defendants being dead, Hales Chief Justice advised to enter a Suggestion on the Roll, That one was dead, or else the Judgement for the Defendant on the nonsuit will be erroneous as to all, 2 Keb. 832. Hawthorn versus Bawden.    

CAP. XXXV.  
Copy-holders' relieved in Chancery, or what things in respect of Copyhold Estates are relievable in Chancery, or not.  
NOW I conceive it will not be impertinent (but rather a thing well approved of) to cite some Cases, Resolutions and Decrees, wherein Copy-holders' have been relieved, and what remedy the Chancellor will give in respect of Lords, Copy-holders', Fines, Forfeitures, Surrenders, Admittances, Trusts, etc. and what is proper to be brought and examined in that Court.  
Alteration of a Custom by consent of Lord and Tenants allowed in Chancery, 
Custom altered.  and decreed accordingly, Dyer contra Dyer, 10 July. 44 El.  
If any particular Copy-holders' complain in Chancery of the grievousness of a Fine, 
Outrageous Fines as to particular Copy-holders' relieved, but not upon a Petition by all the Copy-holders'.  where the Fine is arbitrable, at the will of the Lord; if such Fine be outrageous my Lord will mitigate it, and lessen it according to the time: But if the whole company of Copy-holders' do exhibit a Bill, praying a mitigation of their unreasonable Fines, where they are arbitrable at the will of the Lord; in this Case my Lord will reject the Bill, for, said he, I can make no Act of Parliament for them, 24 Nou. 44 Eliz.  
The Defendant being Lord of a Manor, had 150 l. as a Fine upon the Plaintiffs admission to the Lands in question: The Court of Chancery directed to an Issue, whether the 150 l. were a reasonable Fine, or not? and the Defendant got a Verdict, and the Damages were given by the Jury, being to the Value. This Court declared, 
Reasonableness of a Fine how to be determined and properly recovered.  That the Fine was proper to be recovered at Law, and that the reasonableness or unreasonableness of a Fine to be paid by a Copyholder, is a question of Law, and not to be determined by a Jury, Hill contra jacob's, 3 Jac. 2. f. 2.  

One improved years value decreed to be a moderate Fine.  In the case of Popham and Lancastar, 12 Car. 1. The Court seeing there hath been a variation of the Fines, and not certain, decreed, That one improved years value, is a moderate Fine between Lord and Tenant; so was Middleton and Jackson's Case, 5 Car. 1.  

Forfeitures wilful, not relieved.  In the Case of Ackland Pope and my Lady Wentworth, the Lord Chancellor said, he would not relieve any Copyholder, who through wilful Forfeiture hath given cause of seizure to the Lord; for he said, The Lord had as good a right to a seizure for a Forfeiture, as a Copyholder to his Copyhold Estate; but a wilful Forfeiture he would not relieve, but for negligence he might.  

Copyholder conceals the Land of the Lord.  If a Copyholder conceal the Land of the Copyhold to the disherison of the Lord, and say to the Lord, Lay out of my Land, and I will pay you your Rent for it. My Lord Chancellor Elsemere said, He is worthy to return to his ancient villainous Tenure again.  

Commons for Copy-holders'.  Commons for Copy-holders' and Terminors to be relieved in Chancery, Tothil 108. Colcot and Lee.  
A Copyholder can have no assize of Common against his Lord, 

Copyholder can have no Assize against his Lord, but relievable in Equity.  
Copyholder to sue at Law sans forfeiture.   but is to be relieved in Equity The Tenants of Petsworth and the Earl of Northumberlands Case, Tothil 108.  
The Court will compel the Lord to admit a Tenant Copyholder, to sue at Law, without any forfeiture of his Copyhold, Tothil 65.  
Tenant by Copy shall not have Assize against his Lord, because he hath a Franktenement, 4 Rep. 21. but he shall be relieved in Equity, Tothil p. 108.  
A Suit was to compel a Lord to Grant a Licence to let a Copyhold; 
Licence▪ Forfeiture to be examined before a Licence be decreed.  but because the Defendant said in his Answer, That the Copyhold was forfeited, the Court would not enforce him to grant a Licence till the forfeiture was examined, Tothil 107, 108.  
A Court of Equity shall compel a Lord to admit a Copyholder; 
Admittances.  for before Admittance he cannot have an Action (upon Surrender) and he hath no remedy at Common Law, Hetly Rep. p. 2.  
A Bill in Chancery to admit a Copyholder against Lord and Steward, 
Plaintiff admitted to try a Title upon a Mortgage.  and this was only to try a Title, to enable a Mortgagee to try a Custom, That if money be paid after the day, so it be before Entry of the Surrender made by Mortgagee, that its a sufficient Redemptition; and also where the Wife Inheretrix dies sans Issue, the Husband shall have the Fee at Taunton Dean. Per Cur. the Plaintiff shall be admitted, though the Steward need not have been made one of the Defendants, 2 Keb. 357. Towel versus Cornish.  

* Chancery will design the Bounds of a Copyhold, but not whether parcel or not parcel.  If a Copyholder removes or defaceth the bounds of a Copyhold, it is proper for such a Court to design them; but parcel or not parcel of a Copyhold belongs to the Common Law to try, Hetly p. 2. Blackhal and Thursby.  

Possession after 43 years.  Lyford contra Coward, 35 Car. 2. Richard Lyford Senior, the Plaintiffs Father, being seized in Fee, of Freehold and Copyhold Lands, and having had Issue Richard, Thomas and John, now Plaintiff, by Will gave the Plaintiff all his Copyhold Lands, and to his Heirs Males, and for default of such Issue to his Heirs general, and made a Surrender to the Use of his Will; That the Surrender was presented, and the Plaintiff admitted Tenant, and hath ever since been of the Homage, and enjoyed the Copyhold Lands. That Richard the Son died 1637. leaving only one Daughter, the Defendant Mary: That the Court Rolls are lost, and the Defendant insists, That he in right of his Wife, the Defendant Mary, as Heir at Law to the said Richard Lyford, Senior, is entitled to the Premises, there being no such Surrender or Admittance to be found, and that no such Will was made, or any thing that will make out the Defendants Title. The Court declared they would see Precedents; but then declared, That after 43 years' possession they thought it hard that the Plaintiff should be evicted, and Ordered, That the Defendant should admit of a Surrender and Admittance upon payment of Costs, and bring an Ejectment, and the Plaintiff not to insist on his possession to hinder the Trial. The Court Decreed, to the Plaintiff and his Heirs to enjoy the Land, according to the said Will, and Custom of the Manor.  

Relief as to Surrenders, Purchases, Agreements, Trusts, Rolls lost, and Rents Arrear.  
It is Decreed, in the Case of Greenwood cont. Hare, 18 Car. 2. That where one was a Copyholder for the Lives of himself and his two Sons, and he paid the Fine, 
Defendant decreed to surrender according to an Agreement.  and afterwards covenanted and agreed with the Plaintiffs Father to Surrender his Title and Interest in the Premises, to the Plaintiffs Father, and his Heirs. Copyholder dies before any Surrender. The Plaintiffs Father dies; he Exhibits his Bill to have the Premises surrendered according to the Agreement, the Purchase-mony having been paid by the Plaintiffs Father. The Court considering, That by the Custom the Defendants Father could have surrendered all the three Lives; and though it was not a Copyhold in Fee, yet it was decreed, That the Agreement should be performed, and that the Defendant do Surrender to the Plaintiffs Use, and an Injunction for quiet enjoyment.  
A Woman Copyholder for Life, took an Husband, and the Reversion of the said Copyhold was granted to three, viz. A. B. C. cum acciderit, by Surrender or Forfeiture, for their Lives successive, according to the Custom. The Husband doth Surrender to the Use of A. for Life, to whom the Lord doth grant a Copy accordingly. A. and B. die, and the Opinion of the Court was, That C. hath no right to be admitted by the Law, nor in Conscience; for that after the death of the Husband, the Wife may enter, and have a Plaint in nature of a Cui in vita contradicere non potest; and during the Husband's Life, the Lord may have it in the nature of an Occupancy. But the Case did proceed farther (viz.) That the Husband and Wife were willing to release all the Right of the Wife to the surviving Reversioner, 
The Lord Decreed to hold a Court.  and the Lord would not receive it, nor hold a Court. But it was decreed, That the Lord should hold his Court, and accept their Conveyance, or else avoid the Possession thereof, Dyer 246. a.  

Copyhold Estate in some cases not to be passed but by Decree.  Where the Lord grants the Reversion of the Copy-holds, the Tenant cannot Surrender, there being no Dominus servitiorum as the Custom will warrant, and he cannot pass his Estate any way, but by a Decree in Chancery, and this will bind the person only, 4 Rep. p. 25. in Murrel's Case, vide supra.  

Fines and Rents arrear not relieved after Sale of the Manor.  Copyhold Tenant in Fee surrenders to the Use of one for Life, Remainder to B. in Fee. Tenant for Life dies, and B. pays no Fine for his Admittance, but after dies, and this descends to his Son; and after his Son surrenders to the Use of J. S. in Fee, and no Fine paid for it, and also the Rents for divers years are behind; and after the Lord grants the Manor in Fee to J. B. and after sues in a Court of Equity for the Fines and Rents due before the Sale of the Manor, and allegeth in his Bill, That the Copyholder had Free Land intermixed with the Copyhold Land, so that he could not know where to Distrain for it; yet he shall not be relieved in Equity for this, for it is against a Maxim in Law, for as much as by his own Act he had destroyed his Remedy, P. 10 Car. B. R. Sergeant Hicham Plaintiff, and Finch and Block Defendants, and a Prohibition was granted to the Court of Requests, where the Suit was.  
Gold versus Door, Martis 23. Oct. 2 Jac. The Plaintiff delivered to the Defendant an 100 l. to buy a Copyhold in the Defendants Name, but to the Plaintiffs Use, because there were differences between the Lord of the Manor, and the Plaintiff, so as the Plaintiff had no hopes to prevail for himself; and when the Copyhold should be obtained, than the Trust was, That the Defendant should Surrender the same to the Use of the Plaintiff. The Defendant accordingly bought the Copyhold, 
Trustee refusing to surrender according to his Trust, not relieved.  and took it in his own name, and his children's, but afterwards would not surrender it to the Use of the Plaintiff, notwithstanding the same was bought with the Plaintiffs money; for this the Plaintiff Exhibited his Bill in Chancery, and this appearing to be the true state of the Case, my Lord would not relieve the Plaintiff, because he said he would never ground a Decree upon a Lie, a Falsity, it appearing to him that this packing was used to thrust a Tenant upon the Lord, whom he liked not; and so dismissed the Cause.  
Tracy versus Noel, M. 2 Jac. 
Copyholder in Fee takes a Lease, the Manor is sold. Copyholder not relieved, though the Purchaser had notice.  A Copyholder of Inheritance took a Lease for years of his Copyhold from the Lord of the Manor; the Lord sold his Manor to J. S. who had notice of this Copyhold of Inheritance; yet would not this Court relieve the Copyholder, his Lease being ended, for by Law his Copyhold Estate is determined.  
Robes Purchased the Inheritance of a Copyhold in the Name of B. and another in Trust. B. surrendered his moiety to the Use of his own Son, and the other died seized. The Son of B. and the Heir of the other for money sold the Copyhold to C. for 50 l. being of the value of 80 l. Robes sued the Son of B. and the Heir of the other, and C. in Chancery, for the 80 l. It was decreed, That A. should recover this 50 l. only from B. and the Heir of the other, 
No Recompense for the over-value of an Estate, because no Fraud.  and C. should be discharged of it, and hold it in peace. But if notice had been proved in C. Robes shall have the Land, and no recompense for the over-value was given against the Vendors, because no Fraud, Moor Rep. n. 745. Kobes, Bent and Cock's Case.  

Copyhold devised without Surrender, executed by Decree in Chancery.  A Copyhold devised without Surrender, it cannot be executed in point of Interest, but only by Decree in Chancery, by a Concessum, in 2 Keb. 837. Harrison's Case.  


A Copyhold granted out of a Manor, confirmed.  
Court Rolls produced.   A Copyhold granted at a Court kept out of the Manor, confirmed against the Lord who made it, Tothil 107. Mark contra Suliard.  
In Corbet and Peshal's Case, 12 Jac. it was Ordered, That Court Rolls should be brought and showed to Council, to show which is Copyhold and which is freehold.  

Composition Decreed.  Sterling's Case, a Composition formerly made between Lords and Tenants, Decreed to bind a Purchasor or an Heir, 9 Car.  

Bill in Chancery to reverse a Faux Judgement in the Lords Court.  If an erroneous Judgement be given in a Copyhold Court of a common Lord, in a Formedon, a Bill may be exhibited in Chancery, in nature of a Faux Judgement, to reverse it, Pateshull's Case in Scaccario, 1 Rolls Abridgement 373.  

Admission by Letter of Attorney.  Copyholder ought not to be admitted to a Copyhold Estate by Letter of Attorney, for he ought to do Fealty at the time of his Admittance, which must be done in person, 21 Car. 2. Flyer and Hedgingham.  

Fines certain, or not having been tried at Law, no farther Relief here.  Smith contra Salad, 24 Car. 2. Fines of Copy-holders' whether certain or arbitrary, it having been tried at Law, and in two Trials Verdict for Fines certain; This Court would not relieve the Plaintiff, other than for the preservation of Witnesses, and so dismissed the Plaintiffs Bill; it being to have an Issue directed to try whether certain or not.  
Morgan versus Scudamore, 29 Car. 2. 
The Lord limited to a two years full value for a Fine.  The Lord was limited to a two years' value for a Fine, though the Fines were Arbitrary; and the Custom was to renew but every 99 years; but the Copy-holders' decreed to renew their Estates within one year after the Term.  
Barker contra Hill. 33 Car. 2. 

Heir Decreed to surrender upon a Contract with the Ancestor.  
Surrender by Infant of five years old.   Upon a Contract for Copyhold Estate, and Purchase-mony paid, the bargainor dies before Surrender; his Heir decreed to Surrender.  
Nayler contra Strode, The Surrender of a Copyhold Estate, by an Infant of 5 years old allowed by this Court.   

Precedents in Chancery.  
A Bill for the quieting the possession of a Copyholder, where the Copies and Court Rolls are lost, and to have Witnesses examined, Conveyancers' Light, 258.  
A Bill for entering and detaining Copyhold Lands, by reason of the detaining the Writings thereof, west's Presidents, Edit. 1647.    

PRECEDENTS, etc.  
A Settlement before Marriage of a Copyhold Estate, where, according to the Custom of the Manor, there is a dead Year after the death of every Tenant, grantable by the Tenant in his Life-time, and his Widow enjoys the Estate, durante castitate, if he surrender or alien it not in his Life-time, with permission, That the Goods of the Wife shall remain at her disposal, and that her Husband's Name may be made use of to sue for her Debts, but the moneys to be secured by the trusties to her Use.  
THIS Indenture Tripartite made, etc. between M. F. of, etc. Widow, late Wife and Relict of E. F. late of, etc. Gentleman, deceased, on the first Party, and T. S. of, etc. Gentleman, on the second Party, and E. L. of, etc. Gentleman, T. B. of, etc. J. B. of, etc. Gentleman, on the third Part. Whereas the said M. is now possessed in a personal Estate of Money, Debts owing by Bond, and Securities, and otherwise, above the value of 300 l. and of Goods, Chattels and Utensils of Household Stuff, according to the Inventory or Note of particulars hereof, hereunto annexed, expressed. And whereas the said T. S. is now seized in possession of a Copyhold Estate of Lands and Tenements, for term of his Life, lying and being in S. within the Manor of W. in the said County of, etc. of the yearly value of 40 l. or thereabouts, by virtue of a Copy of Court-Roll, and Grant of the said Copyhold Premises, by R. B. then Sergeant at Law, at a Court of the said Manor, of him the said R. B. holden the _____ day _____ in the year, _____ as by the said Copy, under the Hand and Seal of him the said R. B. and subscribed by S. F. his then Steward, appeareth, unto which Copyhold Premises there is a dead year belonging, according to the Custom of the said Manor, after the death of the Tenant thereof dying seized in possession, disposable by such Tenant in his Life-time, or else to be enjoyed by his Executors or Administrators. And whereas also by the Custom of the said Manor, the Wife of such Tenant, if she survive him, is to hold and enjoy the said Copyhold Estate during the time of her Widowhood, keeping herself chaste. And whereas a Marriage is intended to be had and solemnised between the said T. S. and the said M. F. It is agreed between all the said Parties to these presents, and the said T. S. for himself, his Heirs, Executors and Administratrators, doth Covenant, Promise and Grant, to and with the said E. L. T. B. J. B. and J. P. and to and with every of their Executors and Administrators, That he the said T. S. shall not and will not surrender, yield up or make void the said Copyhold Estate, whereby she the said M. may be defeated of her Widow's Estate, in the same Copyhold Premises, after the death of him the said T. S. if the said Marriage take effect, and in case she shall him survive. And also the said T. B. doth hereby Grant to the said E. L. T. B. J. B. and J. P. and the survivor of them, the dead year of the said Copyhold Premises, to hold to them and the survivor of them, immediately from and after the death of him the said T. S. in Trust for her the said M. in case the said Marriage take effect, and she survive him the said T. S. And the said T. S. doth also Covenant, Grant and agree, to and with the said E. L. T. B. J. B. and J. P. and to and with every of them, their and every of their Executors and Administrators, That he the said T. S. his Executors, Administrators and Assigns, shall not intermeddle with, claim, 
That he will intermeddle with no more of the Wife's Estate then 300 l.  take or dispose of any other the aforesaid Estate Personal, Money, Goods or Chattels of the said M. saving only the sum of 300 l. in money, and no more; but that the said T. S. shall be contented and satisfied with the aforesaid sum of 300 l. in money, and no no more, as a full Marriage Portion to him, with the said M. if the said Marriage shall take effect. 
That she may dispose of it by Will, etc.  And that the said M. shall have full power by her last Will, or otherwise to dispose of all, or any the rest of her Estate, to any other person or persons, other than the said T. S. without any contradiction of him the said T. S. to hinder or let the same. And the said M. F. by and with the consent of the said T. S. as well in consideration of, etc. to her paid, by the said E. D. T. B. J. B. and J. B. or one of them; as also to preserve the Interest and Property of all and singular the Goods, Chattels and Implements of Household, now of her the said M. in the Schedule or Note of particulars thereof, hereunto annexed, specified; so that he the said T. S. may not have any power or disposal of them. She the said M. hath given, granted, bargained and sold, and doth hereby give, grant, bargain, sell and deliver unto the said E. L. T. D. J. B. and J. P. their Executors, Administrators or Assigns, all and singular the said Goods, Chattels and Implements of Household, To have and to hold to them, their Executors, Administrators and Assigns, for ever. And the said T. S. for himself, his Heirs, Executors and Administrators, doth Covenant, Promise and Grant, to and with the said E. L. J. B. T. B. and J. P. and to and with every of them, their Executors and Administrators, That whereas she the said M. hath divers sums of Money owing unto her upon Bonds, Specialties, and otherwise, above the sum of 300 l. That for recovery of the said Debts (if need require) he the said T. S. shall permit and suffer the trusties aforesaid, 
The Husband to permit trusties to make use of his name to sue for his Wife's Debt.  or any Attorney or Attorneys, by their appointment, in the Name or Names of them the said T. S. and M. in case the same Marriage take effect, to commence Suit against, sue and prosecute all and every the person or persons, as occasion shall require, for all every of any the said moneys that are now owing to the said M. And that he the said T. S. shall justify all and every such Actions and Suits, 
That he shall not release the Action.  and shall not Release or discharge the same, or any Judgement or Judgements, or Execution thereupon to be had, without the consent of the said trusties, but shall suffer the said trusties to receive the same moneys, and every Sum thereof, 
That what is received shall be at her disposal.  and all and other the Sum and Sums, above the Sum of 300 l. and to preserve and dispose of the same according to the Trust in them reposed, by the aforeseid M. And that the said M. shall have full power of the disposal thereof, to any person or persons, other than the said T. S. without any contradiction of him the said T. S. or any threats or uncivil carriage to deter her thereunto. 
That neither of the Estates be charged with the others Debts due before Marriage.  And it is farther agreed by and between the said T. S. and M. F. That neither of them nor their Estates shall be charged with the Debts or Engagements of either of the other of them, due or payable before the date of these presents. And to that end the said T. S. doth covenant, promise and grant, to and with the said trusties before named, and to and with every of them, That he will pay and discharge all his own particular Debts, or which he is bound for or stands chargeable to pay, to any person or persons, out of his own particular Estate, without having or craving any of the now personal Estate of her the said M. other than the aforesaid 300 l. before mentioned. 
If there appear any Debts on her part, trusties to pay them out of her personal Estate in their Hands.  And also the said M. F. doth hereby agree, That in case the said T. S. after the said intended Marriage shall take effect and be solemnised, shall be questioned or molested for any the proper Debts of her the said M. contracted or owing by her, before the solemnisation of the said intended Marriage, or for any Legacy or Legacies which she is any ways chargeable to pay to any person or person, That the trusties shall have power and authority hereby to pay and discharge the said Debts and Legacies, which she the said M. is so chargeable to pay, and that out of any her now proper Estate, other than the aforesaid 300 l. and in so doing the trusties shall be discharged of any other account thereof unto the said M. or to the said T. S. after the solemnisation of the said intended Marriage. And the said trusties and every of them do hereby declare, That they will perform the Trust in them reposed by these presents, according to the true intent and meaning thereof. And do hereby Covenant every one of them one with the other respectively, not to act or do any thing touching the Premises, without the consent of them all. In Witness whereof to the first part of these presents, remaining with the said T. S. the said M. F. and the said trusties have put their Hands and Seals; to the second part of these Indentures, remaining with the said trusties, the said M. F. and T. S. have put their Hands and Seals, to the third part of these Indentures, remaining with the said M. F. the said T. S. and the said trusties have put their Hands and Seals, the day and year first above written.  

Covenant to Surrender Copyhold Land, after a Bargain and Sale of freehold.  
And whereas the said I. W. holdeth to him and his Heirs, by Copy of Court Roll, at the Will of the Lord, according to the Custom of the Manor of S. aforesaid, the said Parcel of Land in S. aforesaid, before excepted. It is Covenanted and agreed, by and between the said Parties to these presents, and the said I W. for himself, his Heirs, Executors and Administrators, for the Considerations aforesaid, doth Covenant to and with the said H. A. RG. and I. A. their Heirs and Assigns by these presents, That he the said I. W. shall and will before the Feast of St. John Baptist, now next ensuing, surrender according to the Custom of the said Manor, the said Parcels of customary Lands, before excepted, unto the use and behoof of the said H. A. R. G. and I. A. and their Heirs for ever, and procure them to be admitted unto the same accordingly, To hold according to the Custom of the said Manor, freed and discharged of all Forferfeitures, Charges and Encumbrances, done or suffered by him the said J. W. or F. W. his Father, or either of them, In Witness, etc.   

Covenant that he is rightfully seized of Copyhold Land.  
And the said A. B. (for the Considerations aforesaid) doth for himself, his Heirs, Executors, Administrators and Assigns, and for every of them, covenant, promise and grant to and with the said I. G. his Heirs and Assigns by these presents, that he the said A. B. now at the sealing and delivery of this, etc. is solely, lawfully and rightfully seized of and in all and singular the said Copyhold Lands and Premises, herein before mentioned to be granted, with their, etc. Appurtenances, of a good Estate in Fee-simple, according to the Custom of the Manor, of which the same Premises are holden. If the Copy-holds belong to two Manors, than thus— of a good Estate in Fee-simple, according to the Custom of the several Manors, of which the said Premises are respectively holden.   

Covenant to Surrender Copyhold Lands.  
And also that he the said A. B. or his Heirs, shall and will at the next Court-Baron to be held for the Manor of W. in the said County, etc. or at any other time or times, upon the request of the said I. G. his Heirs or Assigns, but at the proper Costs and Charges of the said A. B. or his Heirs, surrender into the Hands of the Lord of the Manor, or to the Steward thereof, or otherwise, according to the Custom of the said Manor, to the use of the said I.G. his Heirs and Assigns, all those Lands, Tenements, and Hereditaments, herein after mentioned, which he the said A. B. doth hold of the said Manor aforesaid, by Copy of Court Roll, according to the Custom of the said Manor, viz. one piece of Land, called, etc. And all other the Copyhold or customary Lands of the said A. B. held of the said Manor of W.  
And the said A. B. for himself, etc. doth farther Covenant, etc. to and with the said I. G. his Heirs and Assigns, etc. that he the said A. B. his Heirs, Executors or Administrators, shall and will pay the Fines due for Admittances of the said I. G. or his Heirs, into the said Copyhold Lands, unto the Lords of the said Manors respectively.  
And that he the said A. B. and his Heirs from time to time, and at all times hereafter, within the space of seven years next ensuing the date hereof, etc. at and upon the reasonable Request, and proper Costs and Charges in the Law, of the said I. G. his Heirs or Assigns, shall and will make and do all and every such farther and other lawful and reasonable acts and things, for the farther, better and more perfect assuring and conveying all and singular the said Copyhold Lands and Tenements, and all other the Copyhold Lands of the said A. B. in the County of S. to, or to the Use of the said I. G. his Heirs or Assigns, or by his or their Council learned in the Law, shall be reasonably devised or advised and required. And that at the time of such Surrender or Surrenders, or other Assurance or Assurances to be made of the same Copyhold Lands and Premises, all and singular the said Copyhold Lands and Premises, so to be surrendered or otherwise conveyed as aforesaid, shall be free and clear, and freely and clearly and absolutely acquitted, freed and discharged of and from all former Surrenders and Forfeitures, and other Encumbrances whatsoever, had, made, done, or wittingly and willingly suffered by him the said A. B. or by any other person and persons whatsoever, one Lease made by the Licence of the Lord of the Manor aforesaid, to K. F. etc. of etc. of one Copyhold Message, etc. excepted.   

A Covenant (in nature of a Mortgage) upon a Surrender of Copyhold Land, to pay money at a certain time.  
This Indenture made, etc. between Sir T. D. of P. etc. of the one part, and I. H. of, etc. of the other part, Witnesseth, That whereas the said Sir T. D. hath now lately surrendered into the Hands of the Lord or Lords of the Manor of W. in the said County of S. by the Rod, according to the Custom of the said Manor, by the Hands and acceptanc of R. C. and E. M. two of the customary Tenants of the said Manor, all that Message, etc. To the Use of the said I. H. his Heirs and Assigns, to hold according to the Custom of the said Manor, with a proviso, and upon condition, That if the said Sir T. D. his, etc. shall and do well and truly pay or cause to be paid, etc. at, etc. then the said Surrender to be void and of none effect, as by a Note or Memorandum of the said Surrender taken out of the Court, the day of the date hereof, (relation, etc.) more plainly appeareth.  
Now the said Sir T. D. doth for himself, his Heirs, Executors, and Administrators, Covenant, etc. to and with the said I. H. his Executors and Administrators, by these presents (to pay the Money) at the day and place, and in manner and form in the said Proviso or Condition of the said Surrender before recited, limited and appointed for the payment thereof.  
And farther also, That the said Sir T. D. at the time of the making of the said Surrender before recited, had a good Estate of Inheritance in Fee-simple, according to the Custom of the said Manor of W. of and in all and singular the said Messages, etc. before mentioned to be surrendered; and had good right, and lawful and absolute power and authority in himself to surrender the same, and every part thereof, unto the said I. H. and his Heirs in manner and form aforesaid; and that the same are free from all former Surrenders and Incumbranses whatsoever.  
In default of payment, I. H. and his Heirs to enjoy the Premises for ever.  
After default in payment, Sir T. D. covenants for farther Assurance— be it by Fine or Recovery, according to the Custom of the said Manor, Surrender, Release or Confirmation, or all or any of the said ways or means in the Law whatsoever, as by the said I. H. his Heirs or Assigns, or his or their Council learned in the Law, shall be reasonably devised, advised or required.  
Till default of payment I. H. to permit and suffer Sir T. D. to enjoy, etc.   

A Bargain and Sale of Copyhold Lands, by Commissioners of Bankrupts.  
This Indenture, etc. Between A. B. etc. the Commissioners of the one part, and C. D. etc. (Assignees) of the other part. Whereas the King and Queen's Majesty's Commission under the Great Seal of England, grounded upon the several Statutes made concerning Bankrupts, bearing date at Westminster, the day of, etc. last past, hath been awarded against E. F. of, etc. and directed to the said Commissioners thereby giving full power and authority unto the said Commissioners, four or three of them, whereof the said A. B. and P. B. to be one to execute the same, as by the said Commission more at large appeareth. And whereas the Commissioners, parties to these presents, or the major part of them, or the major part of the Commissioners, by the said Commission authorized, having begun to put the said Commission in Execution, upon due examination of Witnesses and other good proof, and upon Oath before them taken, do find, That the said E. D. hath for the space of six years last passed, or thereabouts, used and exercised the Trade and profession of a, etc. in buying and selling of, etc. at his House and Shop in S. aforesaid, and sought and endeavoured to get his living by buying and selling. And that the said E. F. so seeking and endeavouring to get his living by buying and selling during the time of his said Trading, did become justly and truly indebted, and still doth owe and stand indebted unto the abovenamed C. D. and other his Creditors, in the sum of, etc. and being so indebted, he the said E. F. did in the judgement of the said Commissioners, parties to these presents, become Bankrupt to all intents and purposes, within the compass, true intent and meaning of several Statutes made concerning Bankrupts, or within some or one of them, before the date and suing forth the said Commission. And whereas also the said Commissioners, parties to these presents, or the major part of the Commissioners by the said Commission authorized, having also found out and discovered that he the said E. F. at the time and since he became Bankrupt, was and stood seized to him and his Heirs, according to the Custom of the Manor of L. in the County of L. of and in, etc. All which Copyhold or customary Premises, the greater part of the abovenamed Commissioners by the said Commission authorized, have caused to be viewed and rent, and the same to be appraised to the best value they can or may, and accordingly the same have been viewed, rent and appraised by R. S. and T. V men of sufficient skill and ability for the doing thereof▪ in manner and form following (that is to say) etc. as by the particular appraisment sent to the said Commissioners, it may appear, the value whereof in the total amounts to the sum of, etc.  
Now this Indenture witnesseth, That the said Commissioners, parties to these presents, by force and virtue of the said Commission, and of the several Acts of Parliament therein mentioned and eupressed, for and with the consent, and at the request of the Creditors of the said E. F. that have sued forth and prosecuted the said Commission against the said E. F. for and in consideration of the sum of, etc. unto the said Commissioners, by the said C. D. etc. to the use, benefit and behoof, as well of themselves, as also of all other the Creditors of the said E. F. that have sued forth and joined, and that shall hereafter in due time join in the prosecution of the said Commission, according to the Statutes in that behalf made and provided, well and truly contented and paid, have by force and virtue of the said Commission, as much as in them the said Commissioners lieth, and they lawfully may, granted bargained and sold, and by these presents do as much as in them lieth, and they lawfully may, grant, bargain and sell unto the said C. D. etc. all the aforesaid Copyhold or customary Message, etc. now in the occupation of, etc. holden by Copy of Court Roll of the aforesaid Manor of W. together with all Woods, Underwoods, Commons, Pastures, etc. and Appurtenances whatsoever, unto all and every the said Copyhold or other customary Premises thereby granted, and every part and parcel thereof belonging or in any wise appertaining, and all the Estate, Right, Title, Interest, Use, Possession, Reversion and Reversions, Remainder and Remainders, Claim and Demand whatsoever, of the said E. F. of, in and to all and singular the Premises hereby granted, and every part and parcel thereof, To have and to hold all the said Copyhold or customary Message or Tenement, etc. with their and every of their Appurtenances, to their proper use and behoof, for ever, according to the Custom of the said Manor of L. Yielding, paying, performing and doing unto the said Lord of the aforesaid Manor, of whom the Copyhold or customary Premises, hereby granted, are holden, all and every the Fines, Rents, Duties and Services, of right used and accustomed to be yielded, paid, performed and done for the same, etc. In Witness, etc.   

A Surrender in Trust, and the Trust declared: trusties, Covenant not to commit, etc. any thing that may amount to a Forfeiture.  
Whereas the said A. B. hath with his own proper moneys bought and purchased of C. D. of, etc. Lord of the Manor of Belton, in the County of, etc. (amongst other Lands and Tenements, in certain Articles indented and made between the said C. D. of the one part, and the said A. B. of the other part, and bearing date the, etc.) the customary Message, Lands, Tenements and Hereditaments, hereafter mentioned, that is to say, & c And whereas also the said E. F. G. H. and I. K. customary Tenants of the said Manor, of and in the customary Message, Lands and Premises, did by Surrender bearing date, etc. according to the Custom of the said Manor, surrender into the Hands of the said C. D. Lord of the Manor aforesaid, all and singular the customary Message, Lands, Tenements and Hereditaments before mentioned, to the use and behoof of them the said I. S. and P. S. their Heirs and Assigns, to the intent and purpose that the said C. D. or other the Lord or Lords of the said Manor of, etc. or the Steward or Stewards of the said Manor for the time being, at the next Court to be holden for the said Manor, should admit or cause to be admitted them the said I. S. and P. S. Tenants of and to all and singular the said, etc. as by the said Surrender, relation being thereto had, may more at large appear. Now this Indenture farther Witnesseth, That the said I. S. and P. S. for the avoiding and clearing all doubts, questions and ambiguities which may hereafter arise or grow, touching or concerning the said Surrender taken in their Names, as aforesaid, do, and either of them doth by these presents voluntarily and spontaneously acknowledge, express and declare, That the said Surrender so had and taken as aforesaid, was had, taken, passed and done by the special direction and appointment of the said A. B. in trust to and for the only use, benefit and behoof of him the said A. B. his Heirs and Assigns for ever, and to and for none other use, intent or purpose whatsoever. And farther the said J. S. and P. S. do for themselves, their Heirs and Assigns, freely and absolutely disclaim any other Estate, Right, Title, Interest, Claim or Demand, of, in, to, or out of the said customary Message, Lands and Tenements, and Premises, or any part thereof, but such only as they have by virtue of the Surrender aforesaid, in and upon the Trust aforesaid. And the said I. S. and P. S. for themselves, their Heirs, Executors and Assigns, do covenant and grant, to and with the said A. B. his Heirs, Executors and Assigns, that they the said I.S. and P. S. their Heirs or Assigns, shall not and will not at any time or times hereafter, act, do, permit, or willingly or wittingly suffer any act, matter or thing whatsoever, that may amount to or cause a Forfeiture of the said Premises, or any part thereof, or whereby the said Premises or any part thereof may be destroyed, extinguished, impeached or encumbered. In Witness, etc.   

An Enfranchisement of Copyhold Lands made by a Lord of a Manor to his Copyholder.  
This Indenture made, etc. Between A. B. of, etc. Esquire, and E. B. of, etc. Gentleman, Son and Heir apparent of the said A. B. Lord of the Manor of H. in the County of Norfolk, of the one part, and T. P. of, etc. R. S. of, etc. and T. P. of, etc. of the other part, Witnesseth, That the said A. B. and E. B. as well for and in consideration of the sum of, etc. of lawful money to them the said A. B. and E. B. or one of them in hand paid, by the said T. P. R. S. and T. P. at and before the ensealing and delivery of these presents, the receipt whereof they the said A. B. and E. B. do by these presents acknowledge, and thereof, and of every part and parcel thereof, do acquit, exonerate and discharge the said T. P. R. S. and T. P. and every of them, their and every of their Heirs, Executors and Administrators, for ever by these presents, as also for divers other good Causes and Considerations, them, and either of them hereunto especially moving, Have granted, bargained, sold, enfeoffed, delivered, aliened and confirmed, and by these presents do grant, bargain, sell, enfeoff, deliver, alien and confirm unto the said T. P. R. S. and T. P. their Heirs and Assigns, all those Messages, Cottages, Lands, Tenements, Pastures, Feeding and Hereditaments whatsoever, situate, lying and being in K. and S. or any other Town, in the said County of Norfolk, which are Copyhold or customary Lands, holden of the Manor of H. within the said County of Norfolk, and which the said T. P. holdeth by Copy of Court-Roll of the Manor aforesaid, or of right aught to hold as Copyhold, or of some customary Tenure of the said Manor of H. or of the Lord or Lords thereof, or of any other Manor or Lordship, now or late of the said A. B. and E. B. or either of them; and the freehold of all and singular the said Messages, Cottages, Lands, Tenements, Pastures, Feeding and Hereditaments whatsoever, with the Appurtenances; and also all the Freehold of the Inheritance of all those Copyhold and customary Messages, Cottages, Lands, Tenements and Hereditaments whatsoever, which were surrendered lately by J. G. unto the use of the said T. P. and his Heirs; and also all such Rents and Arrearages of Rents, Services, Suits, and other Demands whatsoever, which now or at any time heretofore have been due or payable, or that shall or aught to be hereafter due, payable or done, for all or any of the said Messages, Cottages, Lands, Tenements, Pastures, Feeding and Hereditaments whatsoever; all which said Messages, Cottages, Lands, Tenements, Pastures, Feeding and Hereditaments, with the Appurtenances, were late in the occupation of, etc. and the Reversion and Reversions, Remainder and Remainders of all and singular the Premises; all Rents and Reservations reserved or payable, by or upon any Demises, Leases or Grants heretofore made or granted of the said Premises, or any part or parcel thereof. To have and to hold all and singular the said Messages, Cottages, Lands, Pastures, Feeding and Hereditaments, and all and singular the abovementioned or intended to be hereby granted and bargained Premises, with their and every of their Appurtenances, unto the said T. P. R. S. and T. P. their Heirs and Assigns, to the only proper and absolute use and behoof of them the said T. P. R. S. and T. P. their Heirs and Assigns for ever; and the said A. B. and E. B. for themselves and every of them, their and either of their Heirs, Executors and Administrators, and every of them, do covenant and grant to and with the said T. P. R. S. and T. P. their Heirs, Executors and Assigns, and every of them, by these presents, in manner and form following, That is to say, that they the said A. B. and E. B. or one of them, are or is at the time of the sealing and delivery of these presents, lawfully, jointly or solely seized in their or one of their Demesns, as of Fee, of and in the said Manor of H. and of and in all and singular the said bargained Premises, and every part and parcel thereof, with the Appurtenances, of a good, perfect and absolute Estate of Inheritance, in Fee-simple, without, etc. and unto the use of them, or one of their Heirs and Assigns, without any manner of Condition, power of Revocation, Limitation of Use or Uses, Trust, or other matter or thing whatsoever, to alter, change, charge, encumber, impeach, determine or make void the same. And that they the said A. B. and E. B. or one of them, have or hath at the time of the sealing and delivery of these presents, and at the time of the execution of the first Estate hereby to be made and granted, shall have full Power, good Right, and lawful Authority, to Grant, Bargain and Sell all and every the said Messages, Cottages, Lands, Tenements, Pastures, Feeding, Hereditaments and Premises beforementioned, to be hereby granted, bargained and sold, with their and every of their Appurtenances, unto the said T. P. R. S. and T. P. their Heirs and Assigns, in manner and form aforesaid and according to the effect of these presents. And also that all and every the said aforementioned to be hereby granted and bargained Messages, Cottages, Lands, Tenements, Pastures, Feeding, Hereditaments and Premises, and every part and parcel thereof, now are, and at all times hereafter shall and may be remain and continue unto the said T. P. R. S. and T. P. their Heirs and Assigns, and every or any of them, free and clear, and freely and clearly acquitted, exonerated and discharged, or otherwise upon reasonable request, well and sufficiently saved and kept harmless and indemnified, by the said A. B. and E. B. their Heirs, Executors, or Administrators, or some or one of them, of and from all and all manner of former and other Gifts, Grants, Bargains, Sales, Estates, Wills, Entails, Alienations, Jointures, Right and Title of Dower, Statutes, Merchant, and of the Staple, Judgements, Executions, Rents, arrearages of Rents, Mortgages, and of and from all other Charges, Titles, Claims and Encumbrances whatsoever. And farther the said A. B. and E. B. for themselves, their Heirs, Executors, Administrators and Assigns, and for every of them, do covenant and grant to and with the said T. P. R. S. and T. P. their Heirs, Executors and Administrators, and every of them by these presents, That they the said A. B. and E. B. and either of them, their and either of their Heirs and Assigns, lawfully having, claiming or pretending to have, or which hereafter shall or may lawfully claim, or pretend to have any Estate Right, Title, Interest, Claim or Demand, of, in or to the said bargained Premises, or of, in or to any part or parcel thereof, by, from or under them the said A. B. and E. B. or either of them, their or either of their Heirs and Assigns, shall and will from time to time, and at all times hereafter, at the reasonable request, costs and charges in the Law of the said T. P. R. S. and T. P. their Heirs and Assigns, make, do, acknowledge or cause to be made, done, executed, acknowledged and suffered, all and every such farther act and acts, thing and things, devise and devises, assurances and conveyances in the Law whatsoever of the said Premises, as by the said T. P. R. S. and T. P. their Heirs or Assigns, their or any of their Council Learned in the Law, shall be reasonably advised or required, be it by Fine or Feoffment, Deed, or Deeds Enrolled or not Enrolled, Recovery or Recoveries with single, double, or more Voucher or Vouchers, or by any other lawful ways or means whatsoever, for the better assurance and sure making of the said bargained Premises, and every part and parcel thereof, with their and every of their Appurtenances, unto the said T. P. R. S. and T. P. their Heirs and Assigns for ever, etc.  
A Letter of Attorney to deliver seisin.   

A Lease of Copyhold Land, with the Lords Licence recited.  
This Indenture, etc. Between A. B. of, etc. of the one part, and C. D. of, etc. of the other part, Witnesseth, That the said A. B. by virtue of a Licence, before the sealing and delivery of these presents, by him procured and obtained of and from E. F. Lord of the Manor of W. in the County of S. for the granting and letting to Farm, the Tenements, etc. hereafter in and by these presents demised to the said C. D. according to the tenor and true meaning of these presents, Hath demised leased and to farm let, and by these presents doth demise, lease, and to farm let, unto the said C. D. etc. all, etc. To have and to hold the said, etc. with their and every of their Apputenances unto the said C. D. his Executors, Administrators and Assigns, from the, etc. for and during the term, and unto the full end and term of, etc. from thenceforth next ensuing and fully to be complete and ended, Yielding and paying therefore yearly and every year, during the said term, unto the said A. B. his Heirs and Assigns, the yearly Rent or Sum of 3 s. of, etc. at, etc. (with clause of Distress, etc.) and usual Covenants to repair, etc. And also the said C. D. for himself, his Executors, Administrators and Assigns, and every of them, doth covenant, promise and grant to and with the said A. B. his Heirs, Executors and Assigns, That he the said C. D. his Executors nor Assigns, nor any of them shall do, or wittingly or willingly permit or suffer any act, matter or thing whatsoever, which may forfeit, lose, or impair the Estate or Interest of the said A. B. of, in or to the said hereby demised Premises, or of, in or to any part or parcel thereof, or which may be otherwise hurtful or prejudicial to the said A. B. his Heirs or Assigns, for or concerning the having, holding or enjoying of the same, or any part thereof. And the said A. B. for himself, his, etc. doth covenant and grant, to and with the said C. D. his Executors and Assigns, that he the said C. D. his Executors and Assigns, under the payment of the said yearly Rend, and performance of the Covenants and Agreements aforesaid, which on his and their parts and behalves are and aught to be performed, shall and may quietly and peaceably have, hold and enjoy all and singular the beforementioned to be hereby demised Premises, and every part and parcel thereof, during the term hereby demised, without any interruption, molestation or eviction of him the said A. B. his Heirs and Assigns, or of any person or persons whatsoever, now lawfully claiming, or that shall or may hereafter lawfully claim any Estate, Right, Title or Interest, of, in or to the same, or any part thereof, by, from or under him, them, or any of them. And also that he the said A. B. his Heirs, Executors and Assigns, or some or one of them, shall and will from time to time, and at all times hereafter discharge, or upon reasonable request save harmless and keep indemnified the said C. D. his Executors and Assigns, of, for and from all Quitrents, payments, Duties and Services to be had, paid, made or done, for or out of the said hereby demised Premises, or any part thereof, to the said E. F. Lord of the Manor aforesaid, his Heirs and Assigns.   

A Release of a Copy hold Estate.  
To all Christian people to whom these presents shall come, A. B. of, etc. and C. B. of, etc. Brother of the said A. B. send Greeting, Whereas the said A. B. is or was seized for and during the term of his natural Life, according to the Custom of the Manor of W. in the, etc. of and in one Copyhold Message, or Tenement, with the Appurtenances in W. aforesaid, being parcel of the said Manor, late in the Tenure or Occupation of, etc. deceased, and of and in several parcels of Land, Meadow and Pasture, to the same belonging, or reputed part thereof. And whereas the said C. B. hath a Copyhold Estate for the term of his Life, in the said Message and Premises, in Reversion, after the death of the said A. B. as by the Court Rolls of the said Manor of W. more at large appeareth. Now know ye therefore, That the said A. B. and C. B. for and in pursuance of an Agreement heretofore made and concluded, between the said A. B. E. F. Esq Lord of the said Manor of W. of and for the said Copyhold Estate, and for and in consideration of the Sum of, etc. of lawful money of England, by him the said E. F. in hand paid, to the said A. B. and C. B. or one of them, before the sealing and delivery hereof, the receipt whereof they do hereby acknowledge, and for other good causes and considerations them hereunto moving, have granted, yielded up, surrendered, remised, released and quit claimed, and by these presents they the said A. B. and C. B. do, and either of them doth grant, yield up, surrender, remise, release and for ever quit claim unto the said E. F. and unto F. C. of, etc. and to their Heirs, Executors and Administrators for ever (which said E. F. and F. C. are, or one of them now is, Lord of the said Manor of W. and are, or one of them now is in the actual possession of the said Premises) their said several and respective Copyhold Estates in the said Message, Lands and Premises, and in any part or parcel of the same, and all their and either of their Estate, as well freehold as Copyhold, Right, Title, Interest, Possession, Claim and Demand whatsoever, either in Law or Equity, or according to the Custom of the said Manor, or otherwise howsoever. And the said A. B. and C. B. do for themselves, their Heirs, Executors and Administrators, covenant and grant to and with the said E. F. and F. C. their Heirs, Executors and Administrators by these presents, that they the said A. B. and C. B. shall and will from time to time, and at all times hereafter, upon request, and at the Costs and Charges in the Law of the said E. F. and F. C. or either of them, do and perfect, or cause to be done and perfected, all such lawful and reasonable acts and things in the Law, for the surrendering, barring, and extinguishing of their or either of their Right and Estate, as well freehold as Customary, and all their or either of their Claim or Demand, in or to the said Message or Tenement and Premises, or any of them, as by them the said E. F. or either of them, their or either Heirs or Assigns, of the said Manor, shall be reasonably advised and required, In Witness, etc.   

Copy of a Court Roll, or an Extract of a Surrender out of the Rolls of the Court.  
Ad curiam Baron F. R. Mil & Baronet, Dom manerij pred ibid. tent’ die Lune videlicet secundo die Junij Anno Domini millesimo sextentesimo nonagesimo Annoque Regni Domini 〈◊〉 Gulielmi & Mariae, Dei gratia Anglie, Scotie, Francie & Hibernie Regis & Regine fidei defensor, etc. primo coram S. C. Arm Senescallo ibid. Irrotulatur sic.  
Ad hanc curiam venit A. B. unus custum tenen Manerij pred in propria persona sua & sursum reddidit in manus Domini per manus Senescalli sui pred secundum consuetud Manerij pred unum messuaḡ sive tenementum & decem acras pasture cum pertin in A. pred infra Manerium pred ad opus & usum C. D. hered & assignat’ suorum imperpetuum. Cui Dominus per senescallu pd concessit inde seisinam, per virg Habend sibi & heredibus suis Tenend de Domino per virgam ad voluntatem Domini secundum consuetudinem manerij pd per redditus & servitia inde prius debit’ & de jure consuet’. Et dat Domino de fine pro ingressu suo inde habend quadragint’ solid fecit fidelitatem & admissus est tenens.   

Another form according to Littleton.  
Ad hanc curiam venit A. de B. & sursum reddidit in ead curia unum messuagium, etc. in manus Domini ad usum C. de D. & heredum suorum (vel hered de corpore suo exeuntium vel ꝓ termino vite, etc.) Et super hoc venit predictus C. de D. & cepit de Domino in ead curia messuaḡ pdict’,, etc. Habendum & tenendum, sibi & heredibus suis (vel sibi & hered de corpore suo exeuntibus vel sibi ad terminum vite, etc. Ad voluntatem Domini secundum consuetud manerij faciendo & reddendo inde redditus servitia & consuetudines inde prius debita & consueta, etc. Et dat Domino ꝓ fine, etc. Et fecit Domino fidelitatem, etc.  
Ad hanc curiam H. H. filius & heres W. H. defunct' sursum reddidit in manus Dom Manerij pdict’ per Senescallum pdict’ totum, etc. ad usum pdict’ H. ꝓ termino vite sue, & post ejus decessum ad usum W. H. & heredibus suīs per se e corpore Mariae tunc Vxoris sue legitime procreat’ sive procreand. Et ꝓ defectu talis exitus ad usum rectorum heredum, etc. Et superinde ad istam eandem curiam vener pdict’ H. H. & W. H. in propriis personis suis et petunt se inde admitti tenentes, unde Dominus pdict’ per Seescalluu suu pdict’ secundum consuetudinem Manerij pdict’ concessit eisdem H. H. & W. H. ead tenementa cum pertinentiis Habend & tenend ead tenementa cum pertinentiis eid H. pro & durante vita sua naturali. Et post ejus decessum eid W. & heredibus suis per se e corpore Mariae tunc Vxoris suis legitime procreat’ sive procreand & ꝓ defectu talis exitus rectis, etc. imperpetuum secundum consuetud Manerij predict’ & reddit’ Herriot sect’ curie consuet’ & servitia inde prius debit’ & de jure consuet’ & sic iidem H. & W. admissi sunt inde tenentes & dedere Domino de fine ꝓ tali ingressu suo sic inde habend quatuor libras & fecerunt Domino fidelitatem Dat’ sub Sigillo Senescalli pdict’ die & Anno supradicto. Per me S. E. Senescal   

Surrender of Copyhold Lands for Life, the Remainder in Fee, taken by the Steward out of Court.  
Ad hant Curiam Testatum est per A. H. Seneschallum Cu●ie pdict’ quod primo die Maij Anno Regni dicti Dom Regis nunc tricesimo A. B. geu jacens in extremis sursum reddidit in manus Domini, per manus dicti Senescall extra curiam in presentia E. F. G. H. & J. K. secundum consetudinem manerij pdict’ unum, etc. infra manner pdict’ vocatur Nocks Farm, ad opus & usum E. Vxoris ejusdem E. remanere inde S. T. & U. W. filiis natu minoribus pdict’ A. B. & hered suis proviso tamen semper & sub hac conditione qd si contingat aliqm pdictor S. & V. obire sine heredibus de corpore suo exeun quod tunc ipse qui supervixerit habebit & gaudebit pdict’, etc. Et cetera premissa ꝑdicta cum pertin sibi & heredibus suis imperpetuum & suꝑ hoc venit hic in cur pdict’ E. in propria persona sua & petit se admitti ad, etc. Et cetera premissa pdict’ cum pertin cui Dominus per Senescallum suum concessit inde per virgam seisinam habend sibi in forma pdict’ ad voluntatem Domini secundum consuetud manerij pdict’. Et dat Domino de fine ꝓ ingressu suo inde habend vigint’ solid fecit fidelitatem & admissus est inde tenens.   

A Surrender out of Court of a Reversion to the use of a Man and his Wife, and the Heirs of the Body of the Husband, the Remainder to the Heirs of the Body of the Wife, the Remainder to the Husband of the present Tenant for Life in tail, the Remainder to the present Tenant for Life in tail, the Remainder to another in Fee, with the Lords acknowledgement of a satisfaction of a Fine; the Surrenderor surrendreth all his Right, etc. to the Husband and Wife, the present Tenant for Life, to the Uses aforesaid.  
Ad hanc curiam Testatum est per predict’ T. P. Senescallum ibid. quod, etc. die, etc. Anno, etc. T. J. venit coram prefato Senescallo in propria persona sua & sursum reddidit in manus Domini per manus dicti Seneschalli extra cur in presentia L. D. C. K. & J. T. secundum consuetud manerij pdict’ reversionem unius Messuagij sive Tenementi sexdecim acras prati, etc. ac reversionem duorum Cottagiorum, etc. cum pertin in, etc. infra manerium pdict’. Ad opus & usum D. T. & K. Vxor ejus & heredibus de corpore pdict’ D. legitime procreat’ cum post mortem cujusdam A. modo Vxor H. J. acciderint. Et pro defectu talis exitus de corpore pdict’ D. T. legitime procreat’ remanere inde prefat’ K. Vxori prefat’ D. et heredibus de corpore ejusdem K. legitime procreat’ & pro defectu talis exitus remanere inde prefat’ H. J. & hered de corpore suo Legitime procreat’ & pro defectu talis exitus remanere inde prefato A. Vxori pdict’ J. H. & heredibus de corpore ejusdem A. Legitime procreat’ & pro defectu talis exitus remanere inde V S. & heredibus suis imperpetuu Quibus, quidem D. T. & K. Vxor ejus Dominus per Senescallu suum pdict’ Dom ad hanc curiam concessit inde per virgam seisinam Habend & Tenend pdict’ Messuagium Cotta-& cetera premissa pdict’ cum pertin in reversione secundum consuetud Manerii pdicti cum post mortem pdict’ A. Vxoris pdict’ H. J. acciderint prefat’ D. & K. Vxori ejus & heredibus de corpore pdict’ D. Legitime procret’ & pro defectu talis exitus remanere inde prefato K. Vxori prefat’ D. & heredibus de corpore ejusdem K. Legitime procreat’ & pro defectu talis exitus remanere inde prefat’ H. J. & heredibus de corpore suo Legitime procreat’ & pro defectu talis exitus remanere inde prefat’ A. Vxori pdict’ H. J. & heredibus de corpore ejusdem A. Legitime procreat’ & pro defectu talis exitus remanere inde pfat’ V S. & heredibus suis imperpetuum ad voluntatem Domini secundum consuetudinem Manerii pdict’ ꝑ reddit’ & servitia inde prius debit’ & de jure consuet’ Et pdict’ D. & K. Vx. ejus dant Domino de fine pro tali statu suo inde habend centum solid & admissi sunt inde tenentes modo & forma predict’ &c predict’ Dominus concessit se satisfact’ de predicto fine inde habend ꝓ Messuagio Cottagiis & ceteris premissis predict’ cum pertin de predictur▪ D. & K. Vxore ejus cum predict’ Messuagiu Cottagia & cetera premissa pdict’ cum pertin post mortem predict’ A. Vxoris predict’ J. H. ad manus sua devenerint Et postea ad hanc curiam venit predict’ F. J. in propria ꝑsona sua & hic in plena curia sursum reddidit in manus Domini tota jus titulu clameu & interest sua in omnibus predic Messuagio Cottagiis▪ & ceteris premissis cum pertin ad usus predict’ & ulteris remisit relaxavit & omnino ꝓ se & heredibus suis quiet’ clamavit prefat’ H. J. & A. Vxori ejus totum jus titulum clameum interest & demand sua que ipse T●●. unquam habuit in predict’ Messuagio Cottagiis & ceteris premissis predict’ cum ꝑtin habend & tenend omnia & singula pdict’ Messuagium & Cottagia & cetera premissa pdict’ cum ꝑtin pfat’ H. & J. Vxori ejus ꝓ termino vite pdict’ A. & post decessum ejusdem A. remanere omniu pdict’ terraru & tenementor cum ꝑtin pfat’ D. T. & K. Vxori ejus & heredibus de corpore pdict’ D. Legitime procreat’ & ꝓ defectu talis exitus remanere inde pfat’ K. Vxori pdict’ D. & heredebus de corpore ejusdem K. Legitime procreat’ & ꝓ defectu talis exitus remanere inde pfat’ H. J. & heredibus de corpore pdict’ H. J. Legitime procreat’ & pro defectu talis exitus remanere inde pfat’ A. Vxor ꝑdict’ H. J. & heredibus de corpore ejusdem A. Legitime procreat’ & ꝓ defectu talis exitus remanere inde pdfat’ V S. & heredibus suis imperpetuu ad voluntatem Domini secundu consuetud manerii pdict’, etc.   

After abatement and intrusion the Lord seizeth the Lands, and grants them to the Abator for term of Life, Remainder to the next Heir of the Disseisee and in tail, Remainder in Fee.  
Compertu est ꝑ homagiu ibid. quod quidam O. B. Miles defunct’ tenuit de Domino hujus Manerii die quo obiit sibi & heredibus suis ad voluntatem Domini secundum consuetudinem Manerii pdict’ unum Messuag', etc. cum ꝑtin in A. pdict’ infra Manner pdict’ & quod pdict’ O. obiit de tali statu suo inde seisit’ ꝑ sex annos ●am ultimo elapsos & amplius & quod quida H. R. in jure Vxoris sue quonda uxoris L. B. Arm filii pdict’ O. B. immediate post decessu pdict’ O. B. in pdict’ Messuag', etc. & cetera premissa pdicta cum ꝑtin abatavit intravit & intrusit super possession Dni Manerii pdict’ in exheredetation dicti Dom Manerii pdict’ successor suor & contra consuetud Manerii sui pdict’ a tempore cujus contrarii meomria hominu non existit in eod Manerio usitat’ & approbat’ & exitus & ꝓficua inde a tempore mortis pdict’ O. B. ad suu propriu usu hucusque habuit & percepit nor capiend pdict’ Messuag' etc. & cetera pmissa pdict’ cum ꝑtin extra manus Dom Manerii predict’ nec fecit inde Dno fine ꝓ eisdem secundum consuetud Manerii sui pdict’ & sic pdict’ H. R. tenuit & occupavit pdict’ Messuag'. & per pdict’ sex annos ult’ elapsos & amplius contra consuetud Manerii pdict’. Ideo pceptu est ballivo Manerii pdict’ seisire in manus Domini pdict’ Messuag', etc. & cetera premissa pdict’ cum ꝑtin quousque, etc. Et Dominus modo habens inde seisinam ad humilem petitionem pdict’ H. R. ex gratia sua speciali ad hanc curiam concessit extra manus suas pdict’ Messuag', etc. pfat’ R. H. & A. Vxori ejus ad terminum vite ipsius A. & liberata est eis seisina ꝑ virgam Habend & tenend pdict’ Messuag', etc. pfat’ R. & A. ad terminum vite ipsius A. ad voluntatem Domini secundum consuetud Manerii pdict’ & post decessum ipsius A. remanere inde quibusdam D. T. & K. Vxori ejus consanguin & proxime heredibus pdict’ O. B. videlicet filie pdict’ L. B. filij O. B. & heredibus de corpore pdict’ D. T. Legitime pdict’ procreatur & pro defectu talis exitus remanere inde pfat’ K. etc. (with Remainder over in Fee to V S.) tenend de Domino per virgam ad voluntatem Domini secundum consuetudinem Manerii pdict’ per reddit’ & servitia inde prius debit’ & de jure consuet’ Et tam pdict’ H. R. & A. Vxor ejus quam pdict’ D. T. & K. Vxor ejus dant Domino de fine ꝓ tali ingressu suo inde habend de & in premissis 5 libras fecer Dom fidelitatem & admissi sunt inde tenentes modo & forma pdictis, etc.   

Surrender out of Court to several Uses upon a Marriage Settlement.  
Compertum est per Homagium ibid. quod A. B. qui tenuit (ut supra) unu Messuag' sive Tenementum vocat’, etc. in A. infra Manerium pdict’ citra ult’ Curia & extra Curia sursu reddidit in manus Dni per manus H. K. & J. W. duor custum tenen Manerii pdict’ second consuetud Manerij illius pdict’ Messuagiu seu Tenementu & cetera premissa pdict’ cum ꝑtin ad opus & usu pdict’ A. B. & Hered & Assign suor usque ad solempnization cujusda intensi marritag (permissione Divina) cito habitur & solempnizatur inter quenda C. D. filium & heredem apparen pdict’ A. B. ex una parte & quandam A. D. de A. pdict’ Spinster ex altera parte & ab & immediate post solempnization ejusd Maritag tunc ad opus & usu pdict’ A. B. pro & durante termino vite sue naturalis, & ab & immediate post ejus decessum tunc ad opus & usum S. Vxoris ejus pro & durante termino vite sue naturalis & ab & immediate post decessus (Anglice) deceases ipsorum A. B. & S. Vxoris ejus & decessum eor superviventis tunc ad opus & usum pdict’ C. D. ꝓ & durante termino vite sue naturalis & ab & immediate post decessus ipsor pdict’ A. B. & S. Vxor ejus C. D. & decessum eoru superviventis tunc ad opus & usu pdict’ A. Vroris sue intense pdict’ C. D. ꝓ & durante termino vite sue naturalis & ab & immediate post decessus ipsoru pdict’ J. B. & S. Vxor ejus C. D. & A. Vxoris sue intense & decessum eorum superviventes tunc ad opus & usum heredu de corpore pdict’ C. D. suꝑ corpus pdict’ A. legitime procreat' vel fore ꝓcreand Et ꝓ defectu talis exitus tunc ad opus & usum Hered & Assign pdict’ C. D. imperpetuu Tenend de Dno ꝑ virgam ad voluntatem Dni secundi consuetud Manner pdict’ Qui quidem A. B. & S. Vxor ejus citra ult’ Curiam obierunt Et modo ad hanc Curiam venit C. D. in ꝓpria psona sua & petit se admitti ad pdict’ Messuagiu sive tenementu & cetera premissa pdicta rum ꝑtiu Cui Dns ꝑ Senescalu suu concessit inde ꝑ virgam seisinam Habend & Tenend eid C. D. & Assign suis ꝓ termino vite sue naturalis remanere inde ꝓut superius Limitatur ac tenend de Dno ꝑ reddit’ ꝑ annum 50 s. & alia servitia inde prius debit’ & de jure consuet’ Et dat Domino de fine, etc. fecit fidelitat’ & admissus est inde tenens.   

Presentment of a Surrender made in Court, with the Admittance of the Tenant next Heir.  
juratores pdict’ psentant super sacramentum suum quod J. S. custumarius tenens Manerii pdict’ qui tenuit sibi & heredibus suis de Dno hujus Manerii secundum consuetud Manerii pdict’ unum Messuagium sive tenementum, etc. cum ꝑtin in A. ante hanc curiam obiit inde seisitus & quod H. S. est unicus frater & heres proxim pdict’ T. S. & plene etatis qui presens hic in Curia petit se admitti tenentem ad omnia terras & tenementa custumaria de quibus ipse pdict’ T. S. obiit inde seisitus videl ad pdict’ Messuag', etc. & cetera premissa pdict’ cum pertin in A. pdict’ infra Maner pdict’ cui quidem H. S. Dominus per Senescallum pdict’ concessit inde per virgam seisinam Habend & Tenend Domino per virgam ad voluntatem Dom secundum consuetud Manerii pdict’ per redditus & servitia inde prius debit’ & de jure consuet’ & dat Domino de fine ꝓ ingressu suo inde habend decem in libras & fecit Dom fidelitatem & admissus est inde tenens.   

The finding of the death of a Tenant and of the Lands and Heir with the admission of the Tenant, and a Presentment made in Court between the Heir and his Mother touching her Dower, and the Mothers Release of her Dower.  
juratores etc. presentant quod R. B. unus custumar tenen manerii pdict’ obiit post ult’ Curiam solus seisitus de & in diversis custumariis terris & Tenementis tent’ de manerio pdict’ in Dominico suo ut de feodo secundum consuetud manerii pdict’ & quoth N. B. est unicus filius & heres ꝓximus pdict’ R. secundum consuetud manerii pdict’ & plene etatis vigint’ & unius annor & ultra qui presens hic in Curia petit se admitti tenentem ad omnia & singula pmissa predicta videlt’ ad unum tenementu, etc. tent’ per redditum quinque solidorum 9 d. & ad unum clausum, etc. tent’ per redditum 3 s. 4 d. per annum & ad, etc. & sectam curie omnia que quidem pmissa cum ꝑtin pdict’ R. B. nuper cepit in curia manerii pdict’ de sursum redditione J. B. jun ꝓut apud Curiam hic tent’ die Martii 8 die Octobris Anno, etc. apparet ac etiam ad unam aliam peciam terre custumar, etc. continen 12 acras, etc. pdict’ R. B. super hic in Curia manerii pdict’ cepit sibi & heredibus suis post sursum redditionem inde fact’ per pdict’ J. W. ꝓut apud Curiam, etc. plenius liquet & apparet que quidem 12 acre fuere tent’ de Domino Manerii pdict’ per redditum 14 s. & sectam Cur & admissus est inde tenens cui quidem N. seisina tradita est sibi & heredibus suis per virgam ad voluntatem Domini secundum consuetud manerii pdict’ per servitia & annuales redditus pdict’ salvo jure, etc. & that Dno de fine, etc. & fecit fidelitatem, Et postea ad eandem Curiam vener pdict’ N. B. & E. vid relict’ pdictur R. B. & daunt curie hic intelligi quod ipsi sunt agreati inter semet ipsos de & concernen dote pdict’ E. in pmissis secundn consuetudinem manerii pdict’ super quo pdict’ E. presence hic in curia remisit & relaxavit in manus Dom pdict’ totam dotem & titulum dotis sue & demand quodcunque illi ꝑtin secundum consuetudinem manerii pdict’ de & in omnibus & singular custumariis terris & tenementis tent’ de manerio pdict’ que nuper fuere pdict’ R. B. nuper viri sui ad opus & usum pdict’ N. B. in (plena & pacifica sua possessione inde existen) & Hered & Assign suorum imperpetuum ita quod pdict’ E. abhinc in posterum nullo modo requiret clamaret sive demandaret aliquam dotem de in sive ad pmissa vel aliquam parcellam inde secundum consuetud manerii pdict’ sed inde & de & absqe omnibus actionibus & demandis talis dotis concernen pmissa erit preclusa & exclusa imperpetuu per hoc presence Irrotulamentu & ꝓ hac remis & relaxatione pdict’ E. N. dedit pdict’ E. 104 l. 3 s. 4 d. legalis monete Anglie & dedit Dom de fine etc. ꝓ relaxatione pdict’, etc.   

Precedents of Copies of Court Rolls, Presentment by the Homage of the Copyhold Customs. Several sorts of Surrenders, Absolute, Conditional. Surrenders to the use of one's last Will. Presentment that Copyhold Lands are Enfranchised. Admittances. Admittance by Guardian. Licence to demise for years. Releases. Proclamations for not coming in and taking up the Estate, and Seizure by the Lord, etc.  

Manner. de L.  VIc Franc Plig cum Cur Baron A. B. Arm & C. D. Gen Dominor Manerii pdict’ ibidem tent’ die Martis Scilicet decimo septimo die Aprilis, Anno Regni Regis jacobi secundi quarto Annoque Dni 1688. cora S. C. Are Senescalo ibid. ꝑ Paten.  

F. E. Jur.  
T. S. Jur.  

Inquisitio Magna.  I. C. Jur.  
T. S. Jur.  
I. S. Jur.  
T. W. Jur.  
I. R. Jur.  
R. P. Jur.  
R. A. Jur.  
E. K. Jur.  
M. D. Jur.  
I. H. Jur.  
R. S. Jur.  
D. A. Jur.  
I. E. Jur.  
I. S. Jur.  
A. C. Jur.  
C. E. Jur.  
S. W. Jur.  
R. S. Jur.  
B. M. Jur.   
Communis Finis sol in Cur.  

Communis Finis ujs.  juratores pdict’ super Sacram suu pdict’ dicunt quod dant Dno Communem Finem semꝑ ad hunc diem uj s.  
juratores pdict’ dicunt & presentant quod E. F. incroachavit super Vastu hujus Manerii prope T. Lane & M. Lane duce n erga W. & E. B. & cum sepibus & fossis partem vasti pdict’ inclusit Ideo Ordinat’ est ꝑ Curio hic quod E. vastum pdict’ sic ut pfert’ Inclusu patifaciat infra decem dies nunc prox' sequen Subpena vj. s. seven d.  
juratores pdict’ super sacram suu pdict’ ulterius dicunt & psentant qd T. S. inchochavit suꝑ vastu pdict’ & cum postib longuriis & palis altam viam regiam in W. pdict’ ducen ad villam, etc. de C. B. pdict’ obstruxit Ideo considerat’ est ꝑ Curio hic qd pdict’ T. obstructionem pdict’ sic ut pfert’ per ipsn M. factam removeat infra tempus pdict’ Subpena xx d.  
juratores pdict’ super Sacram suum pdict’ ulter presentant qd N. D un Constabular Parochie de, etc. pdict’ pro Anno preterito infra jurisdictionem hujus lete Officium suum Constabnlar negligent’ exercuit Ideo ipse in misericordia x s.  
juratores pdict’ super Sacram pdict’ ulterius dicunt qd ipsi in omnib concernen inclusion magni vasti vocat’, etc. concordant cum presentamento homagii ad hanc Cur fact’.  
juratores pdict super Sacram suu pdict’ ulterius dicunt quod L. W. etc. & I. S. de S. M. sunt & quilibet eor est resien & Commoran infra jurisdictionem hujus let & licet debito modosummonitur & exact’ fuer & quilibet eorum summonit’ & exactus fuit non Comperuer nec eoum alter comperuit sed defalt’ fecer & quilibet eor defalt’ fecit ideo in misericordia sunt & quilibet eor in misericordia est xij d.  
Amerciamenta pdict’ afferatur fuer per 

S. S.  
T. S.   jur qui ad inde jur fuer.   

Nomina Officiar' pro Anno Sequente.  
Eligerunt L. P. & R. W. fore Constabular Parochie de, etc. ꝑ anno futuro qui quidem R. W. Iurat’ fuit ad Officium illud bene & fidel performand & exequend eliger I. S. & H. fore subcon stabular Parochie predict’ pro Anno pdict’ qui quidem I. S. juratus fuit.  
Eligerunt T. S. & I. S. fore cervicie gustatores pro Anno futuro.  
Eliger H. B. & T. B. fore Sigillatores pro Anno futuro.  
Eliger W. E. fore corij Custod Comnnis pro Anno futuro.   

Homage and Presentment of Custom of the Manor.  
Homage. 

S. H. Gen  
S. T.  
I. H.  
W. A.  
W. H.  
I. H. Jur.  
I. C. Jur.  
C. H. Jur.  
I. R. Jur.  
I. F. Jur.  
C. N. Jur.  
R. C. Jur.  
T. S. Jur.    
Homage. pdict’ sup Sacram suu pdict’ dic quod R. N. Arm I. H. & I. K. sunt tenentes Dnor & debent sect’ Cur hic & ad hunc diem defalt’ fecer & quilibet eor defalt’ fecit Ideo quilibet in misericordia 1 s.   

Presentment of Copyhold Custom.  
Item presentant pro Cusiumis hujus Manerii ꝓut sequit’ (viz.)  
Imprimis qd Curio Let’ & Curio Baron teneri debent’ infra Maneriu super diem Martis in qualibet septimana Pasche Annuatim.  
Item quod ad hujus Cur tempore in eujus contrarin memoria hominum non existit Constab & sub Constab elect’ fuer ꝓ illa ꝑte Parochie de S. M. que jacet infra maneriu pdict’ nec non duo Constab & sub Constab C. B. & unu utriusque ꝓ E. B. alia Villa.  
Item qd quilibet Tenens Custumar maerem & al Arbores super Tenement’ sun crescen desecare possit absque licentia Dnor.  
Item quod Homagium Iur ad quamlibet Cur super eor visu alicujus Nocument’ vel inchrochiament inter Tenen Custumar per mulcta sive pena redigere valeant.  
Item quod super visum et presentament’ per homaḡ quod aliqu. Customar Tenement’, etc. fit in decasu si Tenens hujusmodi Tenementi illud infra tal tempus convenien qual homagin propterea appunctuavit non reparabit Tenement’ suu sic in decasu Domino forisfacit.  
Item quod duo Tenentes Custumar Iurat’ vel alter edrum unacu Balliva Manerij pdict’ fursum redditiones in extremis tant’ capere possunt Quodque nullus al preter Senescalll Dominorum per paten vel ejus deputat’ sursum redditiones extra Cur cape possit.  
Item quod omnes Admissiones per Dominos dat’ extra Cur necnon omnes sursum redditiones ꝑ ipsos sic capt’ homagio ad prox Cur communicari debeant.  
Item qd omnes sursu redditiones per Senescal vel ejus Deputat’ seu per Tenentes Iur capt’ ad Cur prox sequen Capcon humodi sursu redditionis presentari debeant.  
Item qd feoda Curio sunt ꝓut sequit’ (viz.) ꝓ qualibet singul sursu redditione secreta examinatione femine nupt’ ac admissione in Cur.  
 s. d. Senescallo 6 8 Clerico 2 8 Homagio 0 4 Ballivo 0 4  10  
Quodque Omnes duplices sursum redditiones & Admissiones solvant feoda duplic Ac siliter omnes sursu redditiones Examinationes & Admisssiones ad Curias Speciales Necnon Omnes sursu redditiones capt’ per Senescallum extra Cur.  
Item qd omnes inhabitantes infra Paroch' etc. fodere valeant ac a tempore quo Hom memoria in contrar non existit fod erunt Arenam. Anglice Loam infra infra magnu vastum sive Communiam ibidem vocat’ B. C. pro reparatione altaru viar Parochie illius necnon pro emendation & reparation tenementor suor infra dict' Parochiam absque solutione aliq' Dominis hujus Manerii ꝓinde.  
Item presentant qd propositiones ad Cur prior per Dominos ꝓposiit in ordinem ad includend Communiam in novem separalib̄ Paragraphiis content’ sunt in Opinionib Iur nullo modo ad advantaḡ Tenentiu hujus Manerii ac ꝓ inde propositiones illas idon non putant.  
1. Pro eo quod proportio perinde per Dominos clamat’ existens integra tertia pars valde irrationabilis videtur.  
2. Pro eo quod tenura precipue in relatione ad liberos tenentes nec non redditus proinde reservat’ est in eorum opinione per magna & irrationabilis.  
3. Pro eo quod super totam materiam opinio est juratorum quod si vetus Communis Restrictio renovat’ & confirmat’ esset multo plus foret pro beneficio Parochie de, etc. predict’ quam aliter esse potest per includend Communiam pdict’ quodque quedam particularis Curia capiatur pro prevention nimie Onerationis Communie pdict ꝓ futuro. Ac ad intentionem ill hoc homagium Senescall pdict’ desiderant quod certum numerum Customar & liberorum Tenentium nominare placebit ad adjudicand certum numerum Catallorum Ovium, etc. que dehinc super Communiam pdict’ depascentur conservabuntur quodque cuncta hujusmodi catalla cum quodam Communi signo signentur.   

Surrender by Baron and Feme.  
Nunc de rebus ad Cur Baron spectan.  
Ad hanc Curiam vener T. W. gen Custom Tenens hujus Manerii & P. Vx' ejus & (ipse P. pdict’ existens prius sola & secreta examinat’ ꝑ Senesc pd prout mos est) sursu red in manus Dominorum per manus Senesc pd ꝑ virgam secundum consuetud Manerii pdict’ totur illu Customar Messuag' sive Tenement’ communiter vocat’ sive cognit’ ꝑ nomen de, etc. cum Curtilagio & omnibus aliis ptinen ad inde spectan sive pertin scituat’ jacen & existen in C. pdict’ Ad opus & usum W. S. de, etc. pdict’ pistoris hered & Assignat’ suorum imperpetuum Qui quidem W. psen hic in Cur petit se admitti ad pmissa pdicta cui Dni ꝑ Senescallum suum pdict’ concesser inde seisinam ꝑ virgam Habend sibi & heredibus suis Tenend de Dominis ꝑ virgam in villenagio ad voluntatem Dominorum secundum consuetud Manerij pdict’ ꝑ reddit’ servic & consuet’ inde prius debit’ & de jure consuet’ Et dat Dominis jure fecit fidelitatem Et admissus est inde tenens, 
Finis xuj l. Redd.  etc.   

Surrender ad usum ultimae voluntatis.  

W. ad usum ult. voluntat.  Ad hanc Curiam ven T. R. Gen Customar Tenens hujus Manerii & in plena Curia sursum redd in manus Dominorum per manus Seneschalli sui pdict’ ꝑ virgam secundum consuetud Manerii pdict’ totur illud Customar Claus sive parcella prati communiter vocat’ sive cognit’ per nomen de, etc. jacen & existen in C. predict’ continen per Estimationem sexdecim Acr sive plus sive minus ad opus & usum talis persone sive personar & pro tali statu sive statibus qual predict' T. R. ꝑ ultima voluntatem sua aut ꝑ aliquod aliud script’ sub manu & sigillo suis limitabit declarabit sive appunctuabit.   

Grant of Wardship of a Tenant.  

Custod. S. & Commiss. H.  Cum ad Cur Baron hic tentam die Mercurij scilt vicesimo nono die Februarii nunc ultimo preterito Custod tam Corporis quam Tenementorum S. M. Infantis Custom Tenen hujus Manerii concess. fuit I. M. Ballivo Manerii pdict’ durante Minori etate sua, etc. Modo ad hanc Cur Domin Manerii pdict’ receperunt custod Warde sue pdict’ extra manus Balli pdict’ & in plena Cur concesser custodiam tam corporis quam Tent’ pdictur S. M. W. H. de etc. durante minori etate dicte S. inveniend, etc. & Reddend, etc.   

Surrender of Right, Title and Interest to two by moieties.  
Ad hanc Cur ven C. N. & A. 
N. & Uxor. ad N. & C.  Vxor ejus Et pdict’ A. (eristen prius sola & secret’ examinata per Senescallum pdict’ ꝓut mos est) sursum reddider in manus Dominorum Manerii pdict’ per manus Senescalli sui pdict’ per virgam second consuetud Manerii pdict’ totur jus pdict’ C. A. Stat’ Titul Clam Interest & demand sua que unquam habuer vel eorum alter habuit habent seu quovismodo in futuro habere poterint de & in uno Clauso terre continen ꝑ estimationem novem Acr jacen prope, etc. 
Copia Facta.  cum omnibus suis pertinentiis ad opus & usum 1 N. jun & E. N. sororis p̄dict’ I & modo Vxor I. C. de Villa S. A. in Com H. pistor Qui quidem I. & E. sunt in plena possessione & seisina Clausi pdict’ & hered dic I. & E. imperpetuum Tenend unam medietatem Clausi pdict’ pdictur I. N. & heredibus suis & tenend alteram medietatem Clausi pdict’ cum pertin pdict’ E. D. & heredibus suis Qui quidem I. & E. presen hic in Cur pet’ se admitti ad premissa pdict’ quibus Domini per Senescallum suu ꝑdict’ concesser inde seisinam per virgam habend ipsis & hered suis in forma pdict’ Tenend de Dominis per virgam ad voluntat’ Dominorum secundum consuetud Manerii pdict’ per reddit’ servic & consuet’ inde prius debit’ & de jure consuet’ Et daunt Dominis de fine Et pd●ct’ I N. fecit fidelitatem suam sed fidelitas dict’ E. respectuatur, etc. Et admissi sunt inde Tenentes.   

Admittance of a next Heir.  
Cum ad Curiam Baron hic tentam xxix. die Feb. ult’ preterito compert’ fuit ꝑ Homaḡ quod W. M. Sen Arm citra tunc ult’ Curiam & ante Curia illam obiit seisit’ de diversis terris & tenementis Custom tent’ de Manerio pdict’ Et quod E. M. fuit neptis & prox' heres Domini W. M. sen Cumque etiam ad Cur Baron hic tenta vicesimo tertio die martii silit’ nunc ult’ preteritur comptur fuit per homaḡ quod pdict’ E. M. citra tunc ult’ Curiam & ante Curiam ill de terris customar predict’ inter all obiit seisita Et quod M. Vxor I. K. de, etc. gen Amita pdict’ E. & filia unica pdict’ W. M. fuit prox' here's dicte defuncte Modo ad hanc Curiam ven pdicta M. Et petit se Admitti ad tot’ illud Customarium Messuagium sive Tenementm in L. pdict’ communiter vocat’ sive cognit’ per nomen de, etc. cum Areis Gardinis & pertinentiis adinde spectantibus ac etiam ad totos illos separales Compos vel Clausa pasture & prati vocat’ le, etc. continen insimul per estimationem triginta Acr sive plus sive minus Que discendebant eid M. per mortem dicte E. cui Domini ꝑ Senescallum suum pdict’ concesser inde seisinam ꝑ virgam Habend sibi & heredibus suis Tenend de Dominis per virgam ad voluntatem Dominorum secundum consuetudinem Manerii predict’ per reddit’ servic & consuetud inde prius debit’ & de jure consuet’ & dat Dominis de fine & admissa est inde tenens sed fidelitas respectuatur, etc.   

A Surrender by one in extremis by the hands of two customary Tenants, to the Use of his last Will, which is recited, To one for Life, the Remainder over, Tenant for Life surrenders to him in Remainder, on condition in the Will contained.  
Ad hanc Curiam Homage pdict’ super Sacramentum suum pdict’ psentant quod nono die junii nunc ultimo preterito I. C. unus customar Tenen Manerii pdict’ jacen in extremis infra Parochiam de, etc. infra Manner p̄dict’ extra Curiam sursum red in manus Dominoru Manerii pd per virgam secundum consuetud ejusdem Manerii per manus F. E. & S. S. custumar' Tenen pdict’ Manerii Et jurat’ ad capiend sursum reddit’ in extremis tantum tot’ illud custumar Messuagiu sive Tenementum suum cum ꝑtin adinde spectan scituat’ jacen & existen, etc. infra Parochia & cognit’ per nomen de, etc. tunc in tenura sive occupatione T. N. ad opus & usum ult’ voluntatur sue in scriptis sub manu & sigillo suis & usus in ead declarat’ Quodque pdict’ I. C. post confectionem sursum red pdict’ obiit seit’ Modo ad hanc Curiam ven A. C. vid mater pdict’ I. C. & ꝓtulit hic in Curiam ult’ voluntatem sive Testament’ dic I. C. debnto modo fact’ & probat’ in Curiam, etc. geren dat’ decimo sexto die junii ultimo scilt’ pterito tenor cujus quoad Messuagium sive Tenementum pdict’ cum ꝑtinen sequitur in his verbis scilt’, Whereas I have surrendered into the hands of the Lord of the Manor of, etc. by the hands of, etc. two customomary Tenants of the said Manor, all that my customary Tenement in, etc. commonly known by the sign of the, etc. with the appurtenances, to the use and behoof of my last Will and Testament. Now therefore my Will and meaning is, and I do hereby give, devise and bequeath the said Tenement with the Appurtenances lying, etc. aforesaid to my loving Mother A. C. for and during her natural Life, and after her death I do give and devise the same to my Kinsman I. C. Son of I. C. and his heirs for ever, upon this condition, That he pay unto his Brother T. five pounds, and to his Brother S. five pounds, being the youngest Son of the said I. C. to be paid to them or their Heirs within one year next after the decease of my said Mother A. C. Et super hoc pdict’ A. C. petit se admitti ad pmissa pdict’ secundum formam & effectum Testam pdict’ pro termino vite sue naturalis Cui Dni per Seneschallum suum pdict’ concesser inde seisinam per virgam habend sibi & Assign suis pro termino vite sue naturalis remanere inde in forma pdict’ Tenend de Dominis per virgam ad voluntatem Dominorum secundum consuetudinem Manerii pdict’ per reddit’ servic & consuetud inde prius debit’ & de jure consuet’ Et dat Dominis de fine fecit fidelitat’ & admissa est inde tenens Et postea sedente Curia predict’ A. C. sursum red in manus Dominorum ꝑ manus Seneschalli sui pdict’ ꝑ virgam secundum consuetud Manerii pdict’ totur illud Messuagium sive Tenementum pdict’ cum pertin vocat’ sive cognit’ ꝑ nomen etc. & totum Statu jus titul & interest sua de & in eod ad opus & usum pdict’ I. C. filii I. C. hered & assign suorum imperpetuum cui quidem I. fill psen hic in Cur Dni ꝑ Senescallu suum pdict’ concesser inde seisinam ꝑ virgam habend sibi & heredibus suis sub conditionibus in ult’ voluntate sive Testamento pdict’ I. C. defuncti mentionat’ & contentis Tenend de Dominis per virgam ad voluntat Dominorum secundum consuetudinem Manerii predict’ per reddit’ servitur & consuetud inde prius debit’ & de jure consuet’ & that Dominis de fine fecic fidelitat’ & admissus est inde tenens.   

Licence to demise for years not exceeding one and thirty.  
Ad hanc Cur Licentia conceditur M. O. vid ad dimittend &c. tria cla terre in, etc. pdict’ alicui persone vel aliquibus personis pro aliquo termino annorum non Excendent’ Termin trigent’ & unius annorum a festo sui Michis tunc ꝓx. sequence.   

Presentment that the customary Tenant died seized, and that the Heir came not to take up the Land, and Proclamation made.  
Ad hanc Curiam psentat’ est per homaḡ quod E. H. vid un Customar Tenen hujus Manerii citra ult’ Cur & ante hanc Cur obiit seisit’ de uno Customar Messuagio vocat sive cognit’, etc. tent’ per Copiam Rotulorum Curie hujus Manerii & quod W. E. est filius & prox. here's dicte E. & quia pdict’ W. non venit ad Capiend premissa pdict’ extra manus Dominorum Ideo prima Proclamatio facta est.   

Presentment that the Money mentioned in a Surrender was not paid at the time, ideo proclamatio prima.  
Ad hanc Curiam Homage pdict’ super Sacrament’ suum pdict’ dicunt & presentant quod summa Cent’ & triu librarum mentionat’ in sursum red conditional fact’ per R. F. & S. Vxor ejus cuidam E. L. ad ult. general Cur tent’ pro Manerio pdict’ die martis in prima septimana Pasche & solub suꝑ decim Octavum diem Septembris ult’ pteritur non fuit solut’ secundum dictam conditionem in dicta sursum red specificat’ Et quia nullus venit, etc. Ideo prima proclamatio facta est.   

A Fine respited at last Court, now taxed.  
Ad hanc Curiam finis pro Admissione I. N. jun & E. I. C. qui admiss fuer ad ultimam generalem Curiam ad un Clmm terre continen per estimationem novem Acr jacen prope, etc. suꝑ sursum red C. N. & A. Vxor' ejus nunc taxat’ ad decem libras solvend Senescallo Manerii pdict’ apud Cameram sua scituat’ in, & super festum sci T. A. nunc prox. sequen inter hor decima & duodecim ejusdem diei.   

Presentment, That whereas a Surrender precedent was chargeable with payment of 100 l. to M. when he should attain the age of 21 years or day of Marriage, which should first happen, and with a like Sum to A. payable in the same manner. M. upon receipt of the 100 l. releaseth, and the Surrendree secures the payment of the other 100 l. to A. by Lease.  
Ad hanc Cur compt’ est per Homaḡ quod premissa in sursum red superius ult’ mentionatur & sursum red per super nominat’ I. D. ad T. B. & heredibus suis inter alia onerat’ fuer cum solutione sum Cent’ librarum legalis monete Anglie cuidam M. D. soror' pdict’ I solvend cum attingerit ad etatem vigint’ & unius annorum vel ad diem maritagii primo contingen & cum summa all Cent’ librarum consimilis monete Anglie cuidam A. D. alteri sorori dic I. solvend in eodem modo prout ꝑ ultimam voluntatem G. D. eorum Avi geren dat’ decimo quinto die Augusti Anno Domini 1670. plenius apparet quodque pdicta M. etat’ suam vigint’ & unius annorum pimplevit Et ꝑ quoddam scriptum suum sub manu & sigillo suis debito modo fact’ & delibat’ gerens dat’ primo die instantis Octobris cognovisse habuisse & recipisse de pdict L. B. pdict’ summam Cent’ librarum & ips' ' deinde & de omni inde parte & parcella ꝑ scriptum suum pdict’ acquietasset & exoneravisset ꝓut ꝑ eundem scriptum hic in Curiam prolat’ & ostensum plenius apparet quodque etiam pdict’ T. B. ꝑ securitate dicte sum Cent’ librarum pdict’ A. cum contingeret fore debit’ ꝑ Indentur suam dimission geren dat’ quarto die instantis Octobris & fact’ inter pdict’ C. B. de una parte & pdict’ I. D. & A. D. ex altera parte barganisasset & vendidisset pdict’ I. D. diversas parcellas terre in, etc. in ead Indentura ꝑticul mentionat’ pro terminononagint’ & novem Annorum a die dat’ Indenture pdict’ reddend & solvend ꝓut inde Annuat’ unum granum piperis si requisit’ foret cum proviso ꝓ solutione sum Cent’ libr pdict’ A. secundum veram intentionem ult’ volutatur dic G. D. ꝓut per Indentur pdict’ silitur hic in Cur ꝓut plenius liquet & apparet.   

Presentment that several Copyhold Lands were Enfranchised by the Lord.  
Ad hanc Curiam Homagium pdict’ suꝑ Sacramentum suum pdict’ presentant quod separalia Messuag' terre & Tenementa custumar cum pertin separaliter in quindecim separalibus paragraphiis sequen fuer' separaliter infranchizat’ ꝑ I. S. Arm nuper Dominum hujus Manerii Et feoda liberaque & Tenementa inde concessa fuer respectivis personis sequentibus & heredibus suis.  
Vn Messuagium, etc. cum pertin vocat’, etc. in etc. concessn T. B. etc. & hered suis ad usum R. M. & all per Indenturas dimissionis & relaxationis gerens dat’ decimo sexto & decimo septimo diebus Octobris Anno Regni dict Domini Regis nunc, etc. primo.  
Vnum clausum terre adjungen atrio pdict’ Messuagii vocat’, etc. continen duas Acras vel eo circiter concess̄ eisdem personis & hered suis ad usus pdict’ ꝑ consimiles factas Dimissiones & Relax. dat. etc.   

Surrender on Condition.  
Ad hanc Curiam testat’ est per Senescallu pdict’ ac comptu est ꝑ Homagium quod decimo quarto die Febr ult preterito I. M. un custumar tenen hujus Manerii ven coram S. C. Arm Senescallo per Paten Manerij pdict’ & extra Curiam viz. apud Camam dicti Seneschalli scituat’ in interiori Templo London sursum redd in manus Dominorum pdict’ Manerii per manus Senescalli sui pdict’ per virgam secundum consuetudinem pdict’ Manerii Omnia ill quatuor Messuagia sive Tenementa sua cum Curtilagio & ꝑtin adinde spectan scituat’ & existen in etc. infra Parochiam de C. B. & Manerium pdict’ Ad opus & usum R. H. de Parochia, etc. ac hered & assign suoru imperpetuum sub conditione tamen quod si pdict’ I M. Hered Executores Administratores vel Assign sui vel eorum aliquis bene & fidelit’ solvant seu solvi faciant pdicto R. H. Executoribus Administratoribus vel Assign suis plenam & justa summa 53 l. bone & legalis monete Anglie ad vel super 15 die Febr qui erit in Anno Domini 1691. ad vel in nunc Domo Mansional dicti R. H. scituat’ in, etc. pdict’ absque aliqua deductione vel detractione ex eadem pro vel in respectu alicujus taxationis Assessmentati soluconis vel alicujus al mater vel rei cujuscunque Quod tunc ista sursumredd erit vacua alit’ in plena vi remanere.   

Surrender to the Use of a youngest Son, conditional for payment of Money at several days.  
Ad hanc Curiam testat’ est ꝑ Seneschallum pdict ac compt’ & psentat’ est per Homagium Quod 28 die Febr ult’ preteritur I. R. un customar Tenen pdict’ Manerii Anna & Vxor ejus vener coram S. C. Arm Senescallo per Paten pdict’ Manerii & extra Curiam videlt apud Camam dicti Seneschalli scituat’ in, etc. (& pdict’ Anna existen prius sola & secret examinata ꝑ pdict’ Senescallum secundu consuetud pdict’ Manerii) sursum red in manus Dominorum▪ pdictur Manerii ꝑ manus Senescalli sui pdict’ per virgam Tot’ ill customar Messuagium sive Tent’ & sex Acras pasture adinde spectan (sit plus sive minus) cum omnibus Horreis Stabul Domibus extran Pomariis Gardinis adinde simul cum Curtilagio & omnibus aliis ꝑtin scituat’ jacen & existen etc. & nunc in occupatione pdict’ I. R. vel subtenen suorum nec non omnia alia custumar Messuag' terre tenementa & hereditamenta sua cum eorum pertin parcel pdict’ Manerii ad opus & usum 1 H. filii natu minimi nuper de, etc. pdict’ defuncti ac hered & Assign suorum imperpetuum proviso semper & sub conditione tamen quod si pdict’ I R. & A. Vxor ejus vel eorum alt’ Hered Executor Administratoru & Assign eorum vel eorum alterius solvant seu solvi faciant pdict’ M. H. Executoribus Administratoribus vel Assign suis summam 261 l. & 5 s. bone & legalis monete Anglie absque aliqua deductione taxation vel aliis publicis oneribus quibuscunque modo & forma sequen (viz.) 5 l. 12 s. 6 d. partem inde super octavum diem Septembris tunc prox. sequen & 255 l. 12 s. 6 d. resid. inde suꝑ octaun diem Martii qui erit in Anno Domini, 1693. quod tunc ista sursumredd erit vacua alit. in plena vi & virtute remanere.   

A Surrender and Release for consideration of 400 l.  
Ad hanc Curiam testat’ est per Senescallum pdict’ ac compertu & presentat’ est ꝑ homagium quod 28 die Febr ult’ preteritur S. D. unus customar tenen pdict’ Manerii ven coram A. B. Arm Senescallo per paten pdict’ Manerii & extra Cur (viz.) apud Cameram dicti Seneschalli scituat’ in, etc. in consideratione 400 l. bone & legalis monete Angl sibi in manibus solut’ ad et ante Execution hujus sursu Redd & Relaxationis per S. B. de London vid Recepcon cujus ipse perinde cognovit & exoneravit pdict’ S. B. Hered Execut’ & Administr suis imperpetun per presentes ipse pdict’ S. D. ꝑ virgam secundum consuetudinem Manerii pdict’ sursum red remittebat relaxabat & imperpetuum quiete clamabat pdict’ S. B. tot’ il customar messuagium sive tenementum scituat’ & existen in, etc. infra Maneriu pdict’ cu omnibus areis' horreiss & curtilag adinde spectan vel pertin ac etiam omnia illa quatuor separal clausa pasture jacen pone pdict’ Messuagium continen ꝑ estimation octodecim Acra (sint plus sive minus) cointer vocat’ sive cognit’ ꝑ nomen de, etc. & nunc vel nuper in tenura sive occupatione N. T. Hered vel Assign suorum simul cum omnibus coinis ꝓficuis comoditatibus & advantagiis adinde spectan & totu statu rectu titulu interest usu possessionem proprietat’ clamiu & demand quecunque pdict’ S. D. tam in lege quam in equitate de in & ad pdict’ Messuag' vel Tenementa clausa & pmissa cu suis ptin habend pd S. B. here, & Assign suis ad usu ipsius Hered & Assign suor imperpetuu secundu consuetud Manerii pd ꝑ reddit’ consuetud & servic deinde de jure debit’ & accustomat’ que quidem S. B. presence hic in Cur petit se admitti ad pmissa pdict’ cui Dominus ꝑ Seneschallu suu pdict’ concessit inde seisinam per virgam habend sibi & hered suis tenend de Dominis ꝑ virgam in Villenagio ad volunt’ Dominoru secundum consuetudinem Manerii pdict’ ꝑ reddit’ servic & consuetud inde prius debit’ & de jure consuet’ & nil sol ꝓ fine quia remittit’ fecit fidelitat’ & admissa & inde tenens.   

Surrender to the Use of ones last Will, to which a Codicil is annexed, and which is presented by the Jury, and Admittance to Tenant for Life.  
Hanc ad Curia Baron hic tenta 15 die Febr Anno Dni 1689. comꝑtu & psentat’ fuit per tunc Homagiu qd vicesimo quarto die Augusti tunc ult’ preteritur W: H. un custom Tenen pdict’ Manerii secundum consuet’ ejusdem Manerii sursu red tot’ Messuagiu sive Tenementu suu communit’ cognitur per nomen de, etc. infra Man pdict’ simul cum curtilagiis & ꝑtin adinde spectan ad usum ultime vol sive Testamenti sui sub manu & Sigillo suo in scriptis modo ad hanc Cur present’ est ꝑ homagium qd pdict’ W. H. obiit seit’ de Messuagio predict’ cum pertin & in plen & aperta Cur C. H. ●id & relicta Dni W. in propria persona sua ven & protulic hic in Cur ult’ vol sive Testamentum dicti W. nuꝑ viri sui defunct’ debito modo fact’ & probat’ in Cur Prerogativa Cantuargeren dat’ 26 die Augusti Anno Domini 1689. cujus tenor quoad pmissa pdict’ sequitur in his verbis sequen (viz.) Item, I give and bequeath the said Message or Tenement with the Appurtenances unto, etc. my now Wife, for and during the term of her natural Life, together with all the Rents, Issues and Profits arising or coming from the same, and after her decease, etc. Et ꝑ Codicilla dicto testam annex' & cum eadem probat' continentem sic (viz.) Whereas I have bequeathed unto my loving Cousin, etc. ꝓut per eandem volunctat’ & codicil int’ alia plenius liquet & apparet Et super inde pdict’ C. petit se admitti ad Messuagin sive tenementu & curtilag pdict’ cu pertin ꝓ termino vite sue naturalis secundum formam & effectu testamenti pdict’ cui Domini ꝑ Seneschallu suu pdict’ concesser inde seisinam ꝑ virgam habendu sibi & Assign suis pro termino vite sue naturalis remanere in forma pdict’ tenend de Dnis ꝓ virgam ad vol Dominoru secundu consuetud & dat Dominis de fine ꝓut patet in margin fecit fidelit’ & admiss. est inde tenens.   

Second Proclamation for not coming in and taking up the Estate.  
Ad hanc Curia quia A. B. non ven ad capiend unu custom Tenement’ cum pertin in, etc. pdict’ vocatur, &. extra manus Dominoru ad usu ejusdem I. sursu red ꝑ T. B. vicesimo sexto die Novembris Anno Domini 1689. Ideo secunda Proclam facta est.   

Acknowledgement by the Lord that the Copyhold is Enfranchised.  
Ad hanc Curia (ad special Instanc & requisic C. P. Arm filii & Heredis nuꝑ de E. in Com H. Militis defunct’ Domini Manerii pdict’ ꝑ Senescaiu suu pdict’ Recognover quoth unu Messuagiu sive Tenementum olim Cottagiu necnon duo Campi prati sive pasture adinde spectan un eoru voc etc. & alter eoru vocat’, etc. continen insimul ꝑ estimacon quatuordecim Acras sive plus sive minus ac nunc divis in quatuor cla in occupatione C. M. Gen vel Assign suor scituat’ jacen & existen in E. pdict’ ac aliquando Terre sive possession B. M. defunct’ & per ipsu tent’ de tunc Domino hujus Manerii per Copiam Rotulor Cur ac per virgam in villenagio ad voluntat’ Domini secundum consuetud Manerii pdict’ ꝑ reddit’ octo solidor ꝑ annu Et all servic postea ꝑ Dominu Manerii pdict’ infranchisatur fuer ac & reverco inde deb. concess. fuer' T. B. Arm tunc filio & heredi apprens R. B. Mil & heredibus & Assign. pdict’ T. imperpetuu.   

Admittance by Guardian.  
Compertu est per Homagiu quod vicesimo die Novembris ult’ pterito Domini hujus Manerii extra Curia Administ’ T. H. ꝑ Guardian suu ad, etc. ut filiu & hered I. H. Gen nuꝑ Pris sui defunct’.   

Tertia Proclamatio quia tenens non venit▪ add capiend, etc. & seisin per Ballivum.  
Ad hanc Cur quia I. V non ven ad capiend Vn Custum Tentu extra manus Dominoru ad usu ejusdem I. ꝑ T. B. sursu red 26 Novembris 1689. Ideo tertia Proclamatio facta est Et suꝑ hoc pcept’ est Ball quod seisiri fac in manus Dominoru Tenement’ pdictur cu ꝑtin, etc.   

Licence to demise and fine pro Licencia.  
Ad hanc Cur Domini Manerii pdict’ concesser Licencc I. R. Arm ad dimittend omnia & singula customar Messuag' terras & Tenementa sua infra Maneriu pdict’ alic ꝑsone vel ꝑsonis ꝑ aliq termino Annoru non exceden terminu 21 Annor a Festo die Nativitatis Sancti johannis baptist ull pterito computand Et prefat’ I. R. dat’ Dnis de fine pro hac licenc ꝓut patet in Margin.    

THE INDEX.  

A.  
ADmittance.  
The nature and effect of Admittance upon a Surrender 143  
Of what force the Surrender is till admission ibid.  
Where the Lords Admittance of a Copyholder in other manner than agrees with the Surrender shall be good, and how it shall enure. 142  
Admittances that differ from the Limitations altar not the Estate Surrendered 145  
The Lord compellable to make Admittance, though not a Grant 157  
The Law vests the Estate in a Woman that is to hold durante viduitate before Admittance 146  
By whom Admittances may be ibid.  
What amounts to an Admittance 147  
In what cases the Admittance of one shall be the Admittance of another 148  
Admittance by Attorney may not be 149  
The time of being admitted 151  
Admittance upon Descent 150  
What things the Heir may do or not do before Admittance 151  
Admittance where to be made 150  
In what Cases and to what purposes the Copyhold Estate shall be in the Tenant before Admittance, and to what purposes not 155  
Where there need no Admittance 154  
In what cases the Lord shall be compelled to make Admittances 157  
Actions, Suits.  
What Actions may be brought by the Lord 256  
What Actions may be brought by the Copyholder 256, 257, 258  
What Actions the Copyholder shall have against Strangers 258  
Action on the Case by a Copyholder for digging Turfs on the Common, and Narr' 261  
No Actions or Remedies for Fines, Rents, Amerciament after Sale of the Manor 263  
Of Copy-holders' being impleaded and impleadable in the Lords Courts, and the remedy there, and how to be relieved against faux Judgement there 265  
Copyholder shall not have Assize against his Lord ibid.  
Copyhold Inheritance shall not be Assets in the Heirs hands 267  
Where Attornment is necessary to the passing of a Manor, and where not 9  
Attornment not necessary in the Grant of a Reversion of a Copyhold  
Authority must be strictly pursued  
Avowry for Rent by Lessee of a Copyholder 262  
Action must be brought in the name of a Copyholder Lunatic, and not in the name of the Committees 263  
Acceptance of a Lease by the Tenant destroys the Copyhold 225  
Action on the Case lies against the Lord for non-Admittance by the Surrendror, but not by Cesty que use  
Chancery will compel the Lord to admit a Tenant 321  
Admittance, where it shall be pleaded as a Grant 271   

B.  
Baron and Feme.  
Custom, That the Wife Feme Covert may devise, good 55  
Where the severance of the customary Tenants from the Manor shall not prejudice the Wife in her customary Estate 5  
If the Lord enfeoff the Copyholder, this destroys the Widow's Free-Bench 56  
Of the transferring and assigning the Copyhold Estate of a Bankrupts, by Commissioners 251  
Where and what acts of the Husband shall forfeit the Wife's Estate or not 211  
Copy-holds within the Statutes of Bankrupts 201  
Of customary By-Laws 48   

C.  
Original and nature of Copy-holds 1  
Copyhold created and guided by Custom 28  
How a Copy Copyholder and bare Tenant at Will differ 14  
Three sorts of Copy-holders' 70  
Who may be said to be customary Tenants, and in what respects  
What Evidence Copy-holders' have for their Estates  
Copy-holders' may have Sola & separalis pastura in the Lord's Soil, and exclude the Lord▪ 66  
Where a Copyholder shall hold his Land charged by the Lord or the Copyholder as to Dower, Rents Charge and Statutes and how and where they shall be avoided 233  
Custom.  
The Nature of it 25  
To be taken strictly, and in many cases Cases Secundum vulgarem conceptum cannot extend out of the Manor 29  
What is a good Custom or not, and what things are required to the making a good Custom 30  
How Customs ought to be certain 32  
Of the reasonableness of Customs, and when they are said to be unreasonable or not 33  
Several Customs in several places 35  
Three supporters of Copyhold Custom 36  
Of Customs enabling or disabling 36, 37  
Where a Custom shall be said to be pursued or not 43  
Where one shall be Tenant by the Courtesy of a Copyhold without Admittance of the Wife 86  
Where Copyhold is extinct, Common is lost 62  
Severance by the Lord shall not prejudice the Commoner 41, 62  
The nature of a Court Baron 73  
Courts may be held out of the Manor by Custom, and where 75  
Of warning of Courts being holden at what place  
Relief for a Copyholder in Chancery in many Cases where none is at Law 319  
Chancery will design the bounds of Fines and of a Copyhold, but not whether parcel or not parcel 321  
The Lord Decreed to hold a Court 324  
Fines and Rents arrear not relieved after the Sale of the Manor 324  
Composition decreed  
Statute 32 H. 8. cap. 7. against Champertry, extends to Copyhold 251  
Copyhold is not within Statute 31 Eliz. of Cottages 254  
Copyhold is not within the Stat. 32 H. 8. Of Entries for Conditions broken 150   

D.  
Demesns, what 3  
Dimis. & dimissib. how to be understood  
Custom extends not to collateral Descents  
Descent of a Copyhold Tolls not an Entry 68  
Where the Heir shall be in by Descent or Purchase  
Copyhold Estates how discontinued or not  
Surrender makes not a Discontinuance 175▪ 176  
What shall amount to a Discontinuance 69  
Distress, Avowry for Rent of a Copyhold 236  
Copy-holders' Beasts distrainable or not, for a Rend Charge 236  
What shall be said a Disseisin as to Copyhold Estates or not 255  
Whether in Declaration in Ejectment the Plaintiff need to show that the Lease was warranted by the Custom 257  
Declaration by a Copyholder, That he is seized in Dominico suo ut de feodo secundum consuetud. Manerii, and also must show that they are customary Lands 268  
Precedents of Declarations ibid.   

E.  
Exposition of words.  
Dimiss. & Dimissibile 16  
Solum modo 44  
Cum pertin. 92, 94  
Ejectment brought by Copyholder, and how to declare 257, 259  
Emblements, who shall have them upon a Ferfeiture 219, 220, 254  
Evidence.  
What shall be good Evidence to prove a Custom 305  
Special Customs within several Limits ought to be showed 306  
Custom found 306, 307  
Evidence of Prescription 307, 308  
Where proof by Court Rolls are good Evidence 309  
Copy of a Lease, where good Evidence ibid.  
Who and what may be admitted to give Evidence Steward, Court Books, etc. ibid.  
Extingushment.  
A Copyhold may be extinct as to the Services, and remain as to the Customary Estate  
Copyhold though severed from the Manor by the Lord's act, is not destroyed 222  
Acceptance of a Lease by the Tenant destroys the Copyhold 225  
Copyhold extinct by the Copy-holders' Release to the Lord, and where or how a Right to a Copyhold shall shall be exinct by a Release 226, 228  
Copyhold suspended and revived 230, 231  
After Escheat of a Copyhold, the Wife shall not be endowed 233  
The Statute of W. 2. that gives Elegits, extends not to Copyhold 253   

F.  
Copyhold Estates are within the words and intention of the Statute of Fines and non-claim 247, 248  
Of Copyholder compounding for a Fine  
Fine on Admittance, when to be paid 159  
Of Fines certain 159  
What Evidence shall prove the uncertainty of Fines 160  
Excessive Fines, how to be determined 160  
What Customs are good as to payment of Fines, and what not 161  
Fine, by whom to be Assessed 162  
For every several Tenure, several Fines 163  
How the Lord shall recover his Fine 164  
Difference as to what may pass by a Fine, or be barred by a Fine at Common Law 176  
Outrageous Fines relieved in Chancery Forfeiture. 319  
Notice must be given if the Fines be uncertain, before there can be a Forfeiture 198  
Refusal to pay an excessive Fine, no Forfeiture 198  
What shall amount to a Forfeiture of a Copyhold Estate 69, 194, 195  
Refusal to pay Rend, perform Services, or Suit of Court, when they shall be cause of Forfeitures 195  
What words of denial amount to a Forfeiture 197  
Demand must be made of the person of a Tenant for a Fine, or else nonpayment is not a Forfeiture 198  
Surrender by a Copyholder for Life to one in Fee, is no Forfeiture  
What is a present Forfeiture without presentment 199  
Heir beyond Sea shall not forfeit for not coming in upon Proclamation in Court 202  
Wilful Forfeitures not relieved in Chancery 320  
Where the Wife shall suffer for the Forfeiture of her Husband or not 211  
Forfeiture as to cutting of Trees by Tenant for Life 207, 208  
Where Admittance is a Dispensation of a Forfeiture 217  
Where Amerciament is a Dispensation of a Forfeiture ibid.  
Forfeiture purged by Release ibid.  
Where, and what Acceptance is a Dispensation of a Forfeiture, and where and what not 218  
Where the Heir shall not take advantage of a Forfeiture in the Life of the Ancestor 219  
The Lords Remedy for a Forfeiture 220  
Bill in Chancery to reverse a Faux Judgement given in the Lord's Court 326  
What alienations shall be a Forfeiture 206  
Forfeiture in Waste 207  
By Rescous 216  
By Enclosure 210  
After a Copyhold is dismembered from the Manor, of what Forfeitures the Feoffee or Grantee shall take advantage 212  
Where the Forfeiture of one Copyholder is the Forfeiture of another; where Forfeiture of part shall be of the whole 214, 215   

G.  
By the Kings Grant of all his Demesn Lands, Copyhold shall not pass, aliter in the case of another  
What things may be granted by Copy 78  
Of voluntary Grants by the Lord 79, 80  
Disability of the Lords person no hindrance of the Grant 80  
What Estate the Lord must have to enable him to make Grants 81, 82  
Voluntary Estates granted during the time of the Lords Interest shall be good, though the Lords Estate be avoided, ab initio 84  
Grants by Tenant at sufferance, or one that has a tortuous Title, not good 86, 87  
Copyhold not to be granted by parcels 89  
What amounts to a Grant 90  
How Grants of a Copyhold to be expounded 90, 91, 92  
What shall pass in a Grant by the words cum pertinentiis 92, 94  
By what words in Grants Copy-holds shall pass or not 92, 93   

H.  
Honour, what 311  
Where the Heir shall be in by descent or Purchase 123  
Heir before Admittance is not a complete Tenant to all purposes  
Hariot Service and Hariot Custom, the difference 237, 238  
What Custom for Hariots▪ shall be good or not 239  
Where and how Hariots shall be apportioned, or not 240  
Who shall pay an Hariot, and when and when not  
Who shall have an Hariot 241  
Pleading as to Hariot, vide Tit. Pleading.  
What shall be a good Avowry in conuzance for an Harriot in Replevin, or a good justification in Trespass or not, and how to be pleaded 244   

I  
Infant not bound by many Customs 21  
If Infant Surrender, he may enter at full Age 21  
Infant may make a Lease without Licence, and not forfeit 21  
Surrender by Infant at five years old  
Custom to assign one to take the profits of a Copyhold Infant  
Interruption in the Possession and in the Right 32, 42  
Faux Judgement given in the Lord's Court, where relievable  
Copyhold Lands are not within the Statute 11 H. 7. cap. 20. Of Joyntresses 254  
The Lord to have the custody of an Idiot 17   

K.  
King's Grants favourably construed 32  
King need not recite in his Grant, that it is Copyhold 23  
Surrender to the King without other matter of Record, where good 24   

L.  
Lease 108, 181  
Custom to Lease without Licence may be good 51, 52  
Lease made before Admittance in what case good 54  
What Leases made by a Copyholder for years are a Forfeiture or not 203  
When a Lease shall begin in point of eomputation and not in point of Interest 184  
Lease of Copy-holds made by Tenant in tail ibid.  
Lease of Copy-holds made by Ecclesiastical Persons 186  
Lease affirmed by acceptance 187  
Lease of freehold and Copyhold, the Rent issues out of beth 187  
In what respect a Lease not warranted by Licence or Custom, is yet good in Law 189  
Lease void in Interest, and good by way of Estoppel 192  
What shall be said a Covenant and no Lease, and so shall not be a Forfeiture 206  
Lease for years not warranted, is no disseisin to the Lord 182  
Licence.  
Once a Licence to make a Lease and always a Licence  
What Licence, and by whom granted shall be good or not 191  
Licence taken as a confirmation 193  
Licence pleaded, vide Plead.  
Copyhold not within the Statute of Limitations 251   

M.  
Manor, the Original and Nature of it 6  
Customary Manor, what 7  
What shall be said parcel of a Manor, and what shall be said a severance 2  
Manor not to be created at this day 4  
A Manor in reputation 5  
A Manor in gross 7  
How the Lord may create a customary Manor 8  
Severance of Copyhold from the Manor, what it operates  
What shall be said time out of memory 30  
Copyhold is within the Statute 32 H. 2. cap. 9 of Maintenance  
Manor by reputation, how it will pass 7  
How Copyhold may be severed from the Manor, and how not 11   

N.  
Notice.  
There must be notice of the Alteration of the Use and Estate, or else there can be no Forfeiture for denial of Rent 197  
No notice need where a Fine is certain, aliter where it is uncertain 191   

P.  
Privileges of the Lord 17  
Privileges of the Copyholder 17, 18  
Difference between Privileges annexed to the Seignory, and Privileges annexed to the Tenancy 19  
Pleading, vide Traverse.  
Uncertainy in Pleading, vide sparsim.  
Pleading by an usitatum fuit, where good or not 64  
How a Copyholder shall plead in making Title to a Copyhold 271, 272  
Whether in Pleading the reasonableness of the Fine must be avered  
When and where a Licence is to be pleaded specially, and when and where not 193  
Grant of Copyhold Land in Reversion must be pleaded as a Grant in Reversion, and not as a Grant in possession, nor by a per nomen 271  
The Manor of a Copy-holders' pleading Custom or Prescription 275  
How a Prescription must be made by a particular Tenant at will ibid.  
The manner of a Copy-holders' pleading Custom or Prescription for Common 32  
Special Prescription to be pleaded in case of severance of the Copyhold Tenement from the Lord 278  
The manner of pleading when a Lease is to be answered, which is set forth in the Avowry 280  
Where the Action is brought as of a Lease at Common Law, and one pleads a Lease of Copyhold Land 281  
Custom or Licence must be showed specially ibid.  
How Lessee is to plead a Licence ib.  
How a Surrender is to be pleaded  
Pleading of Prescription by a Copyholder to be discharged of Tithes 282  
The Forms of pleading a Surrender, vide Surrender 290  
Grant 291  
Common 292  
Trees ibid.  
Way 296  
Forfeiture 297  
Pleading Custom or Prescription 273  
Bar that the Lands are customary Lands 299  
Pleading as to Harriots 242  
Presentment 136  
When to be made 137  
If Surrendror or Cesty que use, or customary Tenants die before Presentment, yet Presentment and Admittance may be afterward 138  
The nature and effect of a Presentment 139  
Two Surrender, and the second Surrender is first presented 140  
What will make a possessio fratris so as to inherit a Copyhold  
Privileges of Copyhold 18, 19, 20   

R.  
Popish Recusant shall forfeit all his Copyhold Land, within 25 El. c. 10. 253  
Copyhold Rents apportioned 188  
Action of Debt lies not for Arrears of Rent within the Statute 32 H. 8. 250  
One Lease of Freehold and Copyhold, the Rent issues out of both 187  
Avowry for Rent by Lessee of a Copyholder 262   

S.  
Steward 75  
Deputy, acts done by him or his Servant shall be good so by a reputed Steward 76, 77  
Infant cannot be a Steward 77  
Surrender 95  
The nature of a Surrender ib.  
Where and in what respects Estates may pass otherwise than by Surrender 99  
The Lord not compellable to make a Surrender 49  
Where Surrender is sufficient without Admittance 102  
Where Admittance is sufficient without Surrender 102  
103  
Of Surrenderss out of Court, who may take them, and what are good or not 105  
In whom the Reversion after a particular Estate remains 104  
Surrender by Attorney, and form of the Entry 107, 108  
What shall pass, and by what words in a Surrender 109  
Construction of a Surrender where no use is limited 110  
Surrender passeth no Estate by Implicacition  
Where an Use is limited in a Surrender, how far the construction shall be according to the Rule of the Common Law 113  
Surrender to an Use upon an Use ibid.  
Surrender to the Use of ones Wife 13, 125  
Where a Surrender is void for uncertainty 113  
Surrender to the Use of a person not in esse 115  
to the Use of one in ventre sa mere 116  
Of a Surrender to take effect in futuro ibid.  
Construction of Surrenders and limitations in Remainder or Reversion 118, 119  
If a Surrender makes a discontinuance 217  
Surrender to the Use of a Man's last Will and how to be construed 124  
Surrenders upon condition or contingency 120, 221, 122, 129  
Where a Surrender before Admittance shall be good, and where not 130  
Surrender by Husband of the Wife's Land  
Surrender by joint-tenants 127, 131  
Surrender by a Feme Covert 133  
Surrender of the Wife's Land 134  
Surrender to the Steward to the Use of the Steward is good ibid.  
Countermand of a Surrender 135  
What remedy to force a Trustee to surrender 135  
Surrender not good till presented 136  
Heir decreed to Surrender on Contract with the Ancestor 327  
Relief in equity as to Surrender 323  
Defendant decreed to Surrender according to Agreement ibid.  
hold shall not be extended 237  
If the Copyholder bind himself in a Statute, the Copy-  
Within what Statutes of Parliament Copyhold Lands are contained, and within what not 247, etc.  
Services not to be performed by Attorney.   

T.  
How Copy-holds are Entailed, and how dockt and barred 165, 166, etc.  
How the Statute W. 2. creates an Estate tail 166  
167  
In what cases Trespass may be brought by the Copyholder against his Lord 257  
Trespass by a Copyholder for Beasts depasturing on the Common 260  
Trial.  
The time of the Surrender or of the Courts being held to be tried by the Jury, and not by the Court-Rolls 307  
When Issue is taken upon a Surrender, where to be tried 310  
Traversing the day of the Grant. Traversing the dying▪ seized of the Copyhold 246, 205  
Where a particular Custom is confessed in the rejoinder, he ought to Traverse the general Custom 228   

V.  
Copyhold not determined or forfeited by Utlawry  
Special Verdict 311  
Custom not well found 312  
Failer of Prescription 313  
Jury must find directly, and not argumentatively ib.  
Custom must be found in the manner that he pleads it 314  
Verdict aided 318  
Statute 27 H. 8. of Uses extends not to Copyhold 252  
Venue 310   

W.  
Surrender to the Use of a Man's last Will 115  
Copyhold devised without Surrender executed by decree in Chancery 326  
Customs as to Woods, Underwoods' 58  
What Copy-holders' may cut Trees, and in what cases, and to what purposes  
Custom to sell Trees 58  
Copyhold Lands are not within the Words of the Statute 34 H. 8.5. of Wills. Quaere, If within the Equity 253   

A TABLE OF THE Precedents.  
A Settlement before Marriage of a Copyhold Estate, where according to the Custom of the Manor there is a dead Year after the death of every Tenant, grantable by the Tenant in his Life-time, and his Widow enjoys the Estate, durante castitate, if he surrender or alien it not in his Life-time, with permission, That the Goods of the Wife shall remain at her disposal, and that her Husband's name may be made use of to sue for her Debts, but the moneys to be secured by the trusties to her use 329  
Covenant to Surrender Copyhold Land after bargain and sale of freehold 334  
Covenant that he is rightfully seized of Copyhold Land 335  
A Covenant to surrender Copyhold Lands ibid.  
A Covenant (in nature of a Mortgage) upon a Surrender of Copyhold Land to pay money at a certain time 337  
A Bargain and Sale of Copyhold Lands by Commissioners of Bankrupts 339  
A Surrender in Trust, and the Trust declared. trusties covenant not to commit, etc. any thing that may amount to a Forfeiture 342  
An Enfranchisement of Copyhold Lands made by a Lord of a Manor to his Copyholder 344  
A Lease of Copyhold Land, with the Lords Licence 348  
A Release of Copyhold Estate 350   

Precedents of Copies of Court Rolls, Presentments, Surrenders, Admittances, Releases, Proclamations for not coming in, etc.  
A Surrender 253  
A Surrender of Copyhold Lands for Life, the Remainder in Fee taken by the Steward out of Court 355  
A Surrender out of Court of a Reversion to the use of a Man and his Wife, and the Heirs of the Body of the Husband, the Remainder to the Heirs of the Body of the Wife, the Remainder to the Husband of the present Tenant for Life in tail, the Remainder to the present Tenant for Life in tail, the Remainder to another in Fee, with the Lords acknowledgement of satisfaction of a Fine. The Surrendror surrenders all his Right, etc. to the Husband and Wife the present Tenant for Life, to the Uses aforesaid 356  
After abatement and intrusion, the Lord seizeth the Lands, and grants them to the Abator for term of Life, the Remainder to the next Heir of the Disseisee in tail, remainder in Fee 358  
Surrender out of Court to several Uses upon a Marriage Settlement 360  
Presentment of a Surrender made in Court, with the Admittance of the Tenant next Heir 361  
The finding the death of a Tenant, and of the Lands and Heir, with the Admission of the Tenant, and a Presentment made in Court between the Heir and his Mother, touching her Dower, and the Mothers Release of her Dower 362  
Presentment of the Copyhold Customs of a Manor 376, 367  
Surrender by Baron and Feme 369  
Surrender to the Use of ones last Will 370  
Grant of the wardship of a Tenant ibid.  
Surrender of right Title and Interest to two by Moieties 371  
Admittance of a next Heir 372  
A surrender by one in extremis, by the Hands of two customary Tenants to the Use of his last Will, which is recited to one for Life, the Remainder over, Tenant for Life surrenders to him in Remainder, on condition in the Will 373  
Licence to demise for Years not exceeding 31 375  
Presentment that the customary Tenant died seized, and that the Heir came not to take up the Land, and Proclamation made ibid.  
Presentment that the money mentioned in a Surrender was not paid at the time ideo proclamatio prima ibid.  
A Fine respiteed at last Court taxed at the next 376  
Presentment, That a Surrender precedent was chargeable with the payment of 100 l. to M. when he should attain the Age of 21 years, or day of Marriage, which should first happen, and with a like Sum to A. payable in the same manner. M. upon receipt of the 100 l. releaseth, and the Surrendree secures the payment of the other 100 l. to A. by Lease 376  
Presentment, That several Copyhold Lands were enfranchised by the Lord 377  
Surrender on condition 378  
Surrender to the use of a youngest Son, conditional for payment of money at several days 379  
A Surrender and Release in consideration of 400 l. 380  
Surrender to the Use of ones last Will, to which a Codicil is annexed, and which is presented by the Jury, and admittance to Tenant for Life 381  
Second Proclamation for not coming in and taking up the said Estate 382  
Acknowledgement by the Lord that the Copyhold is enfranchised 383  
Admittance by the Guardian ibid.  
The third Proclamation because the Tenant came not in to take up the Estate, and seizure by the Bailiff ibid.  
Licence to Demise and Fine, pro Licentia 384   
From Page 256 to 273. you are desired to amend the Folio's.   

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