THE
RELATION
BETWEENF
THE LORD OF A MANNOR
AND THE COPPY-HOLDER
HIS TENANT
UNIVERSITY
OF CALIFORNIA
LOS ANGELES
SCHOOL OF LAW
LIBRARY
THE RELATION BETWEENE
THE LORD OF A MANNOR
AND THE COPPY-HOLDER
HIS TENANT.
A REPRINT OF THE
EDITION PRINTED 1836.
The Manorial Society's Publications No. 10.
A REPRINT OF:
THE
RELATION
BETWEENE
THE LORD OF A MANNOR
AND THE COPPY-HOLDER
His TENANT.
Delivered in the Learned Readings of the late
Excellent and Famous Lawyer, CHAR. CAL-
THROPE of the Honorable Society of
Lincolnes-Inne Esq ; .
Whereby it doth appeare for what causes a Coppy-
holder may forfeite his Coppy-hold Estate,
and for what not : and likewise
what Lord can grant a
Coppy, and to whom.
Published for the good of the Lords of Manners,
and their Tenants
Non magis pro manibus quam pro servandis legibus
liberi Gives pugnare debent, siquidem sine manibus
Respublica potest consislere sine Legibus non polest.
LONDON:
Printed for William Cooke, and are to be sold at
his shop neere Furnivals Inne-gate in
Holborne, 1635.
THE MANORIAL SOCIETY
1, MITRE COURT BUILDINGS, TEMPLE, LONDON, B.C.
1917
T
J. MILES & Co. LTD.
68-70, Wardour Street,
London, W.
The Manorial Society's Publications No. 10.
Introductory Note.
It is said that the best method of historical representation is
that which echoes the original voice : in the " Relation of the
Lord of the Manner to the Coppy-holder his Tenant" we hear
not the echo but the original voice itself.
History is a glass through which the past may be seen ; too
often it is coloured by the bias of the historian, and the reader
sees through the glass darkly, but in contemporary writings of
the time he may see things face to face.
In presenting to the members of the Manorial Society a copy
of the First Edition of this work (1635) we are tapping a good
deal of ancient wisdom not far from its source, for it is obvious
that we moderns can know nothing of ancient law and custom
except in the treatises, pamphlets and manuscripts of those
ancestral times.
As law is said to be "the perfection of reason, and custom the
principal magistrate of men's lives and the great multiplicator of
virtues," it is in the highest degree interesting and important by
such documents as this and others, edited by the Manorial Society,
to trace the gradual association of the people with the law and its
administration, which paved the way to that constitutional and
ordered liberty we now enjoy, which also may be considered to
progressively reflect the English mind and soul.
Neglect of historical study and knowledge is to a nation what
the loss of memory is to a man a sign of old age and decrepi-
tude. Law and custom as a principle of life has been the most
powerful check upon the passions of mankind, but as a system of
opinion law and custom has at times converted men into monsters
of oppression.
Both history and custom are full of anomalies, and single laws
and customs give colouring to periods and make things to be what
they are ; even trivial incidents derive augmented significance
and interest from the passage of years, so as there are anomalies
in every history and custom, so there is a history in every anomaly,
and our constitution is full of them, as the study of such documents
as the " Relation of the Lord of the Manner to the Coppy-holder
his Tenant," which it is the laudable and self-imposed task of the
Manorial Society to edit, goes to prove.
The technical nature of this book marks it out as the particular
preserve of the student of law, and it is regrettable that by the
continued absence on active service (1917) of the Society's Regis-
trar, Mr. Charles Greenwood, the work s deprived of the illumin-
793492
ating Preface and Introduction which he usually contributes to
the Society's publications. Mr. Greenwood's minute intimacy and
profound knowledge of charter, custom, franchise, tradition,
precedent and prescription would have added much to the value
and usefulness of the volume.
The author, Sir Charles Calthrope, who died 6th January, 1616,
was probably one of the Calthropes of Suffolk and born in London.
He was employed in the service of the Crown in Ireland, mainly
in securing 1 forfeited lands and the reservation of royal rights.
Burghley says he was unpopular and not efficient, being "too
much addicted to Irish interests." He was Attorney-General for
Ireland 1583 to 1603. Knighted in Dublin, 1604, and raised to
Justice of the Common Pleas there, which did not please him, for
his salary as Attorney-General had been 159 6s. 8d., whereas as
Judge it was barely half that sum.
For the sake of accuracy it may be pointed out that where Sir
Charles bursts into verse by quoting Horace (page 30 : " That a
custome must be compulsory," &c. , &c.) he is incorrect, either by
lapse of memory or from a faulty original, for
" O derunt peccare boni virtutis amore,
O derunt peccare mali formidine poenae,"
as he incorrectly quotes, is correctly thus
" Oderunt peccare boni virtutis amore
Tu nihil admittes in te formidine poenae."
HORACE, Epistles 1. XVI., 52.
The publication is a copy of one of the three tracts or treatises
upon manorial law and custom previously referred to by the
Registrar in his Introductory Note to "The Order of Keeping
a Court Leet and Court Baron, 1650," a facsimile copy whereof
was printed by the Society in 1914.
The current cost of such a reproduction renders it now impossi-
ble for the Society to reproduce the publication in facsimile,
but as the typography of each is practically alike it is of little
consequence.
As pointed out in the Introductory Note above mentioned, these
publications are bound up together with a fifth edition (1650) of
"Coke's Complete Copyholder," which it is hoped the Society
may be able to reprint later on. These three little volumes
formed a valuable compendium of manorial law and practice in
those days, to which both student and practitioner could turn for
instruction and reference.
It is from such authorities as well as from subsequent statute
and case law that the learned authors of the more modern text-
books upon manorial law and custom mainly drew their inspiration
and garnered their facts, and it is particularly interesting to
observe how closely the actual words of those ancient tracts are
followed and reproduced in later works of a more pretentious
character.
After all there is little room for originality in such works.
Comment and surmise give interest and secure attention, but the
hard facts of law and custom are embodied in contemporary
records themselves, and it is only those facts, as such, that count
and weigh in the scales of Justice when her aid is invoked in
the settlement of modern disputes relating to manorial law and
precedent.
W. F. ANNESLEY,
Honorary Fellow of the Manorial Society.
September , 1917.
111.
COPPY-HOLDS.
The first Lecture.
THE great injuries which are offered, and small
remedies which are used in cases of Coppy-
holds, which as it seemeth, doe grow by the
obscure knowledge what Law & Custome judgeth
in these matters of Coppy-hold : moveth me to shew
some part of my Travailes in these points, not thereby
to animate Coppy-hold Tenants which would by too
much advancing their Tenure, pretend only to be
Tenants by Custome, and not Tenants at Will, nor
to encourage any Coppy-hold Lord, which could by
too much abasing these Tenures, pretend to have
such Coppy-holdcrs onely Tenants at Will, and not
regard their customes, but to prove unto you, that
as their Title and name sheweth they are Tenants
at will, and Tenants by Custome in their Land, and
they consist both of their Lords will and Custome
of the Mannour in their degrees. And that this
Will and Custome be contained within the Limits
of Law and reason, according to such rules as shall
bee hereafter declared.
First I wil shew what a Coppy-hold is, then
whereof it doth consist, and what estimation the
same is of, by the Antiquity of time, and by the
Lawes and Statutes of this Realme.
COPPY-HOLDS
Master Littleton in his first book of Tenures,
defineth a Tenant by Coppy of Court Role ; and
to be where a man is seised of a Mannour, in which
is a Custome that hath been used time out of minde,
that certaine Tenants of the same Mannour have
used, to have certaine Lands and Tenements to hold
to them and their heires, in Fee Simple, Fee Taile,
or for Life at the will of the Lord after the Custome
of the Mannour : And that they have no other
evidence but the Roles of the Court, by which
definition, and by certaine other observations of
the Law it may bee gathered, that a Coppy-hold
doth consist of these sixe principall grounds, or
Circumstances, (viz.)
First, there must be a Mannour, for the mainten-
ance of Coppyhold.
Secondly, a custome for the allowing of the same.
Thirdly, there must be a Court holden for the
proofe of the Coppy-holders.
Fourthly, there must be a Lord to give the
Coppyhold.
Fiftly, there must be a Tenant of capacity to
take the Tenement.
Lastly, the thing to be Granted which must bee
such as is Grantable, and may bee helde of the
Lord according unto the Tenure.
But first before I speake of these Circumstances,
I will briefly declare unto you the Dignity and
Estimation of Coppyholders, by the Antiquity and
COPPY-HOLDS
allowance of time, and by the Lawes and Statutes
of this Realme.
It appeareth by a certaine Booke intituled De
priscis anglor : legibus : Translated out of Saxon
Tongue by Master Lambert of Lincolns Inne ; that
Coppy-holds were long before the Conquest, and
then called by the name of (Bookeland) as you may
see in the beginning of the Booke, in the Treatise
De rerum & Verborum explications ; and by Master
BR ACTON an Auncient Writer of the Lawes of
ENGLAND, who in his Booke Writeth divers
presidents and Records of King Henry 3. of allow-
ance that Copyholders or Customary tenants doing
their due services, the Lord might not expell them ;
according to the Opinion of the latter Judges, in
the time of Edward the 3. and Edward the fourth :
And it appeareth by Master Fitz-Herberts Abridge-
ment, they were preserved by a special Writ for that
purpose, and the Lord thereby compelled to do
right. And in the time of Henry the fourth, Tenants
by the Virge, which are the same in Nature, as
Coppyholders be, were allowed by the name of Soke-
maines in Franktenure, & in the time of Henry 7.
were allowed ayde of the King, for defence of their
estates. So that in every Kings time Coppy-holders
have had their Allowances according unto their
Natures unto this present time : wherein our Justices
are still of opinion, as the sayd grave Sages have
beene in times past. Now I will further proceede
COPPY-HOLDS
in some particular use of these Tenures, according
to the Lawes and Statutes of this Realme : And
because I find none that doth so much deface the
estimation of Copyholders, as Master Fitz-herbert
doth in his Writ De Recto clauso. I will begin with
his words and judgment in the same, and proceed
to other Authorites.
Master Fitz-Herbert sayth, that this Terme Coppy-
holders is but a new Terme, newly found out, & that
in old time they were called Tenants in Vilenage,
or base Tenure ; and this, saith he, doth appeare in
the old Tenures, for no Coppy-holders are there
spoken of, although there were at that time such
Tenants. But then saith, they were called Tenants
in Vilenage, and saith, as appeareth 44. Henry 4.
If a false judgement be given against them, in the
Lords Court, they shall have no remedy, but sue to
their Lord by petition, because to hold by Coppy
of Court Role, which is as hee saith base Tenure,
is to hold in Villenage, which said opinion of Fitz-
Herbert, have beene by divers wrested, to make no
diversity betweene Tenure in Villenage, and Tenure,
by Coppy of Court Role or base Tenure, wherein
whatsoever interpretation may be made, Master Fitz
Herberts meaning is very plaine, and the Booke of
the old Tenures, is to be farre otherwise understood :
as also I suppose, all other Authorities in our Law
doe make and appoint difference betweene the said
Tenures. And first touching the Booke of the old
4
COPPY- HOLDS
Tenures it is plaine, that the Booke maketh a plaine
distinction betweene Tenure in Villenage, and Tenure
in Fee Base, which is understood this Tenure by
Coppy-hold, and calleth it a Fee, although a base
Fee, and maketh diverse distinctions betweene them,
and saith, that the Tenants in Villenage must doe all
such things as their Lord will command them. But
otherwise, it is of the Tenants in base Fee. And
this it seemeth the sayd Booke of old Tenures to be
by Mr. Fitzherbert mis-recited, which I am the bolder
to affirme, saving the due reverence to his Learning :
because one Mr. Thornton of Lincolns Inne, a man
very learned in his late Reading thereupon the Statute
of Forger de fails : speaking of Forging Court Roles,
did plainely affirme the Booke of the old Tenures to
bee mistaken by Mr. Fitzherbert in this point. And
besides, for the further credit of Coppy holds, wee
ought to consider the great Authority of Mr. Littleton,
who amongst the rest of his Tenures, doth make a
divided Chapter thereof, differing from the Tenure
in Villenage, shewing there the Suites and Plaints
of Coppy holders, saying that they have an Estate
of Inheritance according to the Custome : And
delivereth his owne opinion, that if a Coppy-holder
doing his services be expelled by the Lord, he shall
have an Action of Trespasse against his Lord : And
saith that Danby and Brian 21. Ed. 4. were of the
same minde, according to which is Bracton, and the
sayd Presidents of Hen. 3. and the Writ used in
COPPY-HOLDS
Tempore, R. 2. besides many other reasons at the
Common-Law, &c. prooving that by use and cir-
cumstance things may alter and change their originall
nature.
As for example, the services of Socagetenure was
at the beginning, (as Mr. Littleton sayth) to Till the
Lords Land, &c. And yet now by consent of the
Lord, and by continuance of time are turned into
money, and other Services in lieu thereof. Even so
may be said of Coppyholds, as long as the Tenants
themselves be free, though their Tenure were at
beginning never so bound and base : yet by course
of time, they may gaine more liberty and freedome,
and grow to more estimation and account. Another
reason and Rule there is at the Common Law, to
this intent, that some things there were which in
the beginning were but voluntary, and yet in the end
by continuance became Compulsary, as appeareth by
the 27. Ass. pla. 8. & Brook tit. prcescrip. pla. 49. 27.
Ass. prcescrip. Brae. That a man that did at the
first of his own benevolence repaire a high way or a
Bridge by often using to doe it, was afterwards com-
pelled thereunto volens nolens. Even so it may be
sayd of the Coppy-holders, who at the first held but
at the freewil of the Lord ; yet now by usage and
continual granting time out of mind, they have got-
ten an estate after the Custome, that doing their
Services, and behaving themselves wel, they cannot
by Law or Reason be deprived. Thus much for the
6
COPPY-HOLDS
allowance of Coppy-holders by the Common-Law,
now let us consider the Reputation of them by the statutes and
Statutes and Parliament Law.
It appeareth by the Statute of 1. Rich. 3. ca. 4. & 19.
Hen. 7. ca. 16. That a Coppy-holder that may dis-
pend twenty sixe shillings eight pence by the yeere
shall be Empannelled on a Jury, as he that may dis-
pend twenty shillings by the yeere of Free Lands.
And by the Statute of the 2. Ed. 6. cap. 8. the Interest
of Coppy-holders are reserved, being found by Office
after the death of the Kings Tenants, as well as other
Estates at the Common-Law, and so doth the Statute
of Monasteries. 31. Hen. 8. cap. 13. & 1. Edw. 6.
cap. 14. preserve Coppy-holds from dissolving. And
it will seeme that Coppy-holders are for the good of
the Common-wealth, and therfore to be maintained,
for that some have been erected and established by
Parliament, which were not demisible by Coppy
before, as appeareth by the Statutes 32. Hen. 8. 2.
2. Ed. 32.
What shall be said, a Mannour. and such a Mannour
as wil maintains a Coppy-hold. A Mannour con-
sisteth in two parts (viz.) Demeasnes and Services,
and neither of these two parts hath the name of a
Mannour without the other : for as a Messuage or
Lands cannot be called Demeasnes without Tenants
thereunto belonging, to pay Rents and doe Services,
or Lands : So on the other part, though a Man have
Tenants to pay him Rents, and doe him Service, and
COPPY-HOLDS
no Messuage or Lands whereupon to keepe his
Court, and to receive his Rents and Services, this
cannot be called a Mannour, but onely a Signiory in
grosse, Fitz. na. brev. s. 3. &. 8.
Demeanes are so called, for that the Lord himselfe
occupieth and manureth them In son maine Demeasne,
but all Lands that have been in the Lords owne
hands, be not called Demeanes, for all Free-holdes
and Coppy-holds were in his owne hands at the
beginning. But Demeanes is that which is now, and
time out of Mind have beene in the Lords hands, or
occupation of his Bayliffe or Servants : And that
also which auncient Coppy-hold may be to some pur-
pose called Demeasnes. because in every Surrender
in Manns Domini, and every grant extra manus
Domini, the Lord hath a medling with it, and may
thereupon keepe his Court, and for the most part
cut downe Timber, and such like : And that is also
called Demeasnes, which now is in the Lords hands
by any new Escheate or forfeiture. And also the
Lands which are in the hands of the Coppy-holders,
and such a Demeasne as with other Services will
make a Mannour ; though the Lord hath none other
demeanes there in his owne hands, nor in the hands
of his Bayliffe, or servants such service, as with a
Demeasne shal make a Mannour to maintaine :
Coppy-holds is where a man holdeth Lands or
Tenements freely by suite to the Court of the Lord
of the Mannour within the said Fee : But yet every
8
COPPY-HOLDS
kind of Service will not make a Mannour, for Services
are of two kinds, viz. That is by Tenure and by
covenant ; Service by Tenure is also of two sorts, as
if a man at this day giveth his Land in tayle, or
leaseth it for Life or Yeares, saving the reversion :
here is a Service of Fealty incident to this Tenure,
betweene the Doner or the Lessor, and the Donee or
the Lessee. And yet though this be a Service by
Tenure, yet is it no such Service as will make a
Mannour. For if a man at this Day be seised of
twenty Acres of Land, and Enfeffeth nineteene
severall persons of nineteene of these Acres, saving
the twentieth to himselfe, and reserveth of every of
his Feofees suite of the Court and other Services to
be done to this Court, to be held on the twentieth
Acre, though the Feofments be by Deed indented, or
in tayle or of Lives, yet all is voyde, and avayleth
not to make a Mannour. But it maketh onely a
Tenure in grosse, for a Tenure may by divers meanes
be created at this Day ; but a Mannour by no way,
by a Common person. Plow. Com. 2. 693.
A Mannour must be by Prescription, and the
Services by Continuance, time out of mind.
But although a man of this Day cannot make a pia. 24. Bro.
Mannour, yet hee may in some sort enlarge a T
Mannour by adding more Services unto it. 9. Ass.
A man seised of a Mannour did give parcell of the
same to hold of him by Suite to his Mill within the
same Mannour, for this Service the Lord may dis-
COPPY-HOLDS
in the case of traine, and it is there held to bee accounted parcell
Monson and Q f the Mannoun
Aston.
In like manner, a man may be reserving upon a
gift, Intayle, or Lease for Life : Services ingrosse,
By the Report increase the Services of an ancient Mannour.
of Lincokis Signior grant le Demeasnes & Services del son Mannour
Inne. de Norkelsey & ceo extend en auter Towne per le melior
opinion des Justices de Common Blank le grantee, &c.
keepe a Court there, and so a Mannour to be created
at this Day.
What shall be sayd by Mannour or a Tenure in his
proper nature or Common-Law, and what in respect
of Usage or Custome to maintaine Coppy-holds.
It is to be noted, that although a Mannour of his
proper nature ought to consist of demeanes and
Services, yet in some cases that may bee a Mannour,
and maintaine Coppy-holders, and a Court Baron ;
by usage and custome, which otherwise by Common
Law is no Mannour, nor cannot so be called, &c.
A man seized of a Manour, whereunto be divers
free Tenants, divers Coppy-holders, and divers
speciall Customary Tenants ; and the Customary
Tenants, doe hold to give a tendance on the
Free-holders at the Lords Court. All the Free
Tenants dye saving one, the Lord doth bargain
and sell the Manour to an Estranger : This is now
in respect of the Free Tenants, a Tenure, and no
Manour, in respect of the Coppy-holders, both a
COPPY-HOLDS
Manour, and Tenure, and in respect of Customary
Tenants, neither Manour, nor Tenure.
If divers doe hold Lands, to dine with the Lord
every Sunday in the yeare ; this maketh neither good
Tenure, nor Manour.
But if they hold to wait on the Lord every Sunday
at dinner, and to dine with him ; this maketh a good
service, but no good Tenure.
If divers doe hold Lands by Coppy of the Mannour
of D. and so have done time out of minde, and by
the like time there hath beene no Free-holders to the
said Mannour, Although this be no Mannour in his
proper nature, yet by usage it is a good Mannour to
maintaine Coppy-holds.
A man seised of a Mannour, which time out of
minde hath beene called by the name of the Mannour
of S. and doth demise the same by the name of the
Mannour of S. this is good.
If a man seised of a Mannour, whereto bee sixe
Free-holders, and six Villaines Regardants ; The
Free-holders dye having issue sixe daughters, the
Villaines enterrary with them, yet the same is a
Mannour, and the villaines thereto regardant.
If a man seised of a Mannour, whereto he hath
Leet, and wrecke of the sea by prescription, all the
Tenancyes Escheate, yet the Leete and the wrecke
still remaine, and it is a Mannour to that purpose.
If divers doe hold Lands by Prescription to find
the Lords mans meate, and hounds meat, when he
ii
COPPY-HOLDS
commeth to hunt the Fox in the said Lands ; this
maketh a good Tenure, but no good Mannour : If
divers do hold lands to doe suit and service at the
Lords Court, This is most properly such service as
maketh a Mannour : but if it be to doe suit and
Service at the Lords Court, when it pleaseth them-
selves, this is neither Mannour nor Tenure. If divers
doe hold Lands to repaire a High way within a mile
compasse, without the bounds of the Lord of the
Mannour, this makes a good Tenure, but no Manncur.
But to repaire or mend the wayes within the Precinct
of the Mannour, is good to enlarge the Mannour.
If divers doe hold Lands to pray for the prosperous
Estate of the Lord and his Heires ; this maketh a
Tenure, but no good Mannour.
If divers doe hold Lands of the Lord to waite
upon him at twenty dayes warning, twenty miles
distant from the Mannour, this maketh a good
Service, but no good Tenure. But if it bee to waite
upon the Lord within the said Mannour, by certaine
space, this maketh both a good Tenure, and a good
Mannour.
If divers hold Lands to beate or kill the Lords
Tenants that shall doe Trespasse on the Lords
Demeasnes, this is neither good Tenure, nor good
Mannour. But if it be to beate and kill the Kings
enemies, that shall doe so, this maketh both a good
Tenure, and a good Mannour.
If divers hold Lands by Prescription to doe Ser-
12
COPPY-HOLDS
vice to the Lord, to his Court of the said Mannour,
twenty miles distant at a place certaine. This is
both a good Tenure and a good Mannour. But if
it be to doe Service to his Court at another Mannour,
this without Prescription, cannot be severance from
the first Mannour.
If Divers doe hold to come to the Lords Court,
and there to doe nothing, this maketh neither good
Tenure nor good Mannour. But to come to the
Court, though not to be of the Homage, yet to
affeere Amersments, or make Certificates, or any
other Service to the Lord, this maketh a good Tenure
and a Mannour.
If any do hold Lands to doe Divine Service before
the Lord and his Tenants in the Court-house, before
the beginning of every Court, this maketh both a
good Tenure and a good Mannour. What shall be
said, a good Custome to bee able to maintaine Coppy-
hold.
A Custome to make a Coppy-hold, must be of
necessity in the same Mannour, where the said
Coppy-holds are so granted, viz. That the same
Lands are, and time out of minde have beene onely
Demised and demisable by Coppy of Court Role :
for otherwise the Lord cannot grant it by Coppy,
because he cannot beginne a Custome at this Day.
But it it have beene by like time granted by Coppy,
though sithence it came to the Lords hands ; yet
if the Lord never Demise the same by Free Deede
'3
COPPY-HOLDS
nor otherwise, but by Coppy, then he may well grant
againe the same by Coppy, for it is neither the person
of the Lord, nor the occupation of the Land, that
either maketh or marreth the Coppy-hold. But onely
the usage and manner of Demising the same, for the
prescription of a Coppy-holder consisteth neither in
the Land, nor in the Occupier, but onely in the
Usage.
THE DIVISION OF CUSTOMES.
Viz. : Customes, Prescriptions, Usage, and
Limitation.
The devision These foure though they be by some confounded
ofCustomes. together> and indeede are of great Affinity; yet
there be divers differences in their severall natures
betweene them.
Custome is where by continuance of time, a Right
is obtained concerning divers persons in common.
Prescription is where by continuance of time one
particular person obtaineth Right against another.
Usage is by continuance of time the efficient cause
of them both.
Limitation is where a right may be obtained, by
reason of a non claime, by the space of a certaine
number of yeeres, differing in the Accompt of time,
from custome and prescription.
COPPY-HOLDS
But what measure of time shall make a Custome ;
divers have differed in opinion ; some judging the
same to bee according to the Computation of yeeres,
from the time of K. Hen. 1. until the Statute of
Merton ca. 8. which appointeth the limitation in a
writ of right : The accompt of which time unto the
said Statute, from the said K. time is 76. yeares,
others have thought a hundred yeeres was ac-
compted a Fee simple.
But the true measure thereof according to Master
Littletons Rule, is where a Custome, or Usage, or
other things have beene used, so long as a mans
memory cannot remember the contrary. That is,
when such matter is pleaded, that no man then in
life, hath not heard any thing, nor know any proofe
to the contrary.
And by this it appeareth that Customes, and pre-
scriptions, resteth onely in the memory of man, &
limitation consisteth only of a certaine time, which
hath a certaine beginning and of certaine ending,
and is not directed by mans memory, wherein is
ment limitation of time, and not limitation of
estates.
If Lands have beene demised by Coppy by the
space of 60. yeeres, and yet there be some alive, that
remembreth the same occupied by Indenture, this
is not a good Coppy-hold.
And if Lands have beene demised by Coppy but
40. yeeres, and there is none alive that can remem-
COPPY-HOLDS
her the same to bee otherwise demised : This is a
good Coppy-hold, for the number of yeeres makes
not the matter, but the memory of man. And it is
not 60. 80. or 100. yeeres that maketh a Coppyhold
or a custome, though it makes a limitation. But
such certaine number of yeeres makes onely a likely-
hood, or presumption of a prescription ; that is,
that it commonly happneth not that any mans
memory alive, can remember alone such a number
of yeeres. But if any chance to be alive, that re-
membreth the contrary, then such prescription must
give place to such proofe.
Custome hath certaine speciall vertues in itselfe,
which for the more estimation thereof, I will shortly
shew according to certaine precepts and principals
allowed by all Laws, both by the Law of God, the
Law of Nature, and the Law of Nations, and by the
private Law of every Countrey : as by the Law of
GOD it is said, Si quis mdetur contentiosus essenos
talem Consuetudinem non habemus, nee ecclesia Dei,
which proveth that the Scripture and the Church of
God do attribute somewhat to good customes,
though not to evill : And by the Law of Nature,
Consuetude est altera natura. And by the Law of
Nations, Consuetude est optima legum interpres.
And by the Lawes of this Realme, Princes at their
Coronation are sworne, as well to keepe the cus-
tome of this Land, as the Lawes of this Land,
which Law doth attribute so much to custome, that
16
COPPY.HOLDS
sometimes it is admitted to derogate from the
Common Law, for Consuetude bona de causa usitata
et approbata, privat communem Legem.
WHEREOF CUSTOME
doth Consist.
Custome although it doth chiefly consist of con-
tinuance of time and usage, yet it doth further
require seven other necessary properties, incident
for the maintenance of a good Custome : Which
are these.
First, it must be reasonable, as it appeareth l.
2. Erf. 4. 24.
Secondly, it must be certaine, as appeareth 2.
3. Ed. 3. 13. Ed. 3. 4.
Dum fuit infra atatem. 3. 14. Ed. 3. 4. 14. H. 4.
Thirdly, it must be according to Common right. 3.
42. Ed. 3.4.
Fourthly, it must be on good consideration. 4.
5. Hen. 7. 9. Bro. tit. presor peon pla. 57. 22. Assi.
pla. 58.
Fiftly, it must bee compulsary. 42. Ed. 3. Avow 66. 5.
Sixtly, it must be without prejudice to the King.
3. Hen. 6. Custome Fits. Hen. 2. 22. Ed. 3. Pre-
scription. 40.
17
COPPY-HOLDS
Seventhly, it must bee to his profit that claimeth
the same. 31. Ed. 3. Prescription 40. et 28.
Usage is the efficient cause, both of Custome and
Prescription ; for without usage, there can bee
neither Custome or Prescription, for even as the
minde is to man, so is usage to Custome. And as
you see there bee divers varieties of minds in men,
so are there many varieties of Customes as you
see varieties of Countries, and yet all men perfect,
and all Customes perfect : some say that men have
their minds affected according to the Constitution
of their bodies : And so have Countries their Cus-
tomes, according to the constitution of the places, as
in Kent, and in North- Wales, because those Countries
have beene most subject to forraigne invasions, (that
every man there, may bee of power for resistance.)
The inheritance for the most part descend in gavell
kind (viz.) to every brother alike, and in other middle
parts of the Realme for whole government. Least
equality is best.
The inheritance wholly descendeth to the eldest
brother : And in Borough English which is in divers
Boroughs, because their substance commonly is
Lands, and in such Townes, Lands may bee the
better preserved then goods, therefore their youngest
sonnes shal onely have their Lands : and as it is in
those great parts of the Realme, so it is in divers
private parts and Manners, and divers private and
special customes. As some Manners have Coppy-
18
COPPY-HOLDS
hold of inheritance, some for life, or lives : in some
Manour the Copy-holders surrender in one manner,
and in some in another sort : In some the Fine is
Arbitrable : And in some certaine, et sic in similibus.
The usage of every Custome doth not rest to be
yeerely, dayly, or continually used, but as the equality,
and the nature of the thing whereof the Custome is,
doth require, as Custome Harry ots when they fall,
of Shacts and Eoldage, in their season of Common
of Estovers in their time, and for Coppy-holders,
whose Fines are certaine, yet at one time to pay a
greater Fine than at another, and all these are good
Customes, though they cannot bee used at all times,
for Customes may be sometimes used, sometimes
not used, sometimes altered, and sometimes not, and
therefore in Custome you may see there is (user, non
user) Abuser and interuser.
User is, when according to time and occasion a
Custome is used.
Non user is when for want of time and occasion,
or through negligence, or forgetfulnesse a Custome
is not used.
Abuser is that, when Custome is ill used ; for as
User doth nourish Custome, so doth Abuser destroy
a Custome ; and yet in some cases a Custome may be
sometimes used in one sort, and sometimes in
another. And yet a good Custome, if there bee
good considerations of the exchanging thereof at
times, and this I call enteruser.
'9
COPPY-HOLDS
If there be a Coppy-hold, of an Ancient demeasne,
and this Land is forfeited to the Lord by waste, and
thereupon a seisure awarded thereof, and yet the
Lord doth suffer the Tennant still to occupy it, by
the space of 20. yeeres, without receiving any Rent
for the same, and after grants the said Land to the
Tenant by Coppy. This grant is good and a good
User of the Coppy-hold. But if after the said
seasure awarded, an Estranger had entred, and
Disseised him of his Land, and made a Feofment in
Fee thereof ; And after the Lord re-entreth, and
grants the same againe by Coppy unto the first
Tenant, this grant is not good, by reason of the
User of this Land.
If the Lord have used at the admission of his
Coppy-hold Tenants, sometime to take for a Fine
two-pence, or sometimes foure-pence for an Acre,
sometimes twelvepence an Acre, this User is so un-
certaine, that it maketh the Fine arbitrable at the
Lords will.
If the Lord of a Mannour have used time out of
mind, to admit his Coppy-hold Tenants without Fine,
this usage shall binde the Lord, as well as a Fine
certaine.
If the Lord have used to have certain work-
dayes of his Tenants, and that hath not beene
used by the space of twenty yeares last past ; yet
that non-user is no discharge to the Tenants, so
20
COPPY-HOLDS
that there be any in life that can remember the
same.
If the Tenants have used when they sow their
Lands, to pay the Lord Rent-corne, and when it
lyeth in pasture to pay their rents in Money, this
is a good Inter-user.
If the Tenants have used to pay to their Lord
every fourth yeare a double Rent, and every sixt
yeare an halfe Rent, this is a good Inter-user.
If the Tenants have used to have Common of
Pasture in their Lords Woods, for their Horse-
Cattell, and they put in their Neate-Cattell, and
destroy the Woods, this is an abuser. But it is
but Fineable, and no forfeiture of the Common,
which they might have rightfully used : No more
then if they have Common for a certaine number
of Beasts in the Lords Soyle, and they will exceede
the number ; this abuse by their Surcharging, is
onely fineable, and no Forfeiture.
If a man have a Market to be used one Day in a
Weeke, the non-user thereof is not forfeiture. And
if a man have a Market to bee used on the Friday
and hee keepeth the same Friday and Munday, the
Mis-user of the Munday is no forfeiture of the
Friday.
If a Man have a Faire to be used two daies and
he keepes it three dayes, this abuse is a Forfeiture.
If a man have a Faire for one Day, and he will
keepe it two dayes, and that is presented to the Ex-
21
COPPY-HOLDS
chequer : If the party being called by Processe, doth
claime both dayes by Patent, upon sight whereof it
appeares hee ought to have but one day by his
Patent, and the other by Prescription, though the
Prescription bee found against him, and that Day
lost, yet he shall enjoy the other Day.
If a man prescribe to have a Faire yearely upon
Bartholmew day, and if the same doe fall out on the
Sunday, then to keepe the same the next day follow-
ing, this is a good Prescription.
If the King doe grant to the Citizens of Norwich
the Franchises and Liberties that London hath, and
the Franchises and Liberties that Southampton hath :
if the Citizens of Norwich doe abuse one of these
Liberties that London hath ; this is a forfeiture of all
those Liberties that London hath, and of no other.
But if the King doth incorporate a Towne, and give
them by the same Patent Speciall Franchises and
Liberties, the abuser of the one of these, is a forfeiture
of them all.
THAT EVERY CUSTOMS
must bee reasonable ; and what shall be said,
A reasonable Custome.
Every good Custome is grounded upon good
Reason, and that shall bee said in Reason a good
22
COPPY.HOLDS
Custome, that in reason is a good Law ; for Law
and Custome be of that affinity, as both doth allow
like reason, and both doth forbid like inconveniences,
and the finall effect of both to discusse and to dis-
cerne every mans true right, and to give to every
man that which is his owne. For although Custome
in some cases differ from Law, and doth admit
execution of some Acts without some ceremonies
and circumstances bee required by the Law : yet the
end and effect of Custome is to maintain the like
reason that Law doth, and to avoyd the like incon-
veniences.
And therefore if a Lord will Prescribe to have such
a Custome within his Mannor, that if the Beasts of
any of his Tenants do him any Trespasse upon any
of his Demeasnes, and there be taken damage fezant,
that then hee may detaine them untill the owner
shall satisfie him for his harmes, as himselfe shall
require. This is no reasonable Custome that he
should be his owne Judge. But to Prescribe, that if
any of the Coppy-holders beasts Trespasse, &c. and
the same be presented at his Court, that there should
be a forfeiture of his Coppy-hold, this may be called
a reasonable Custome.
If Tenants of a Mannour will Prescribe to hold
without paying any Rents or Services for their
Coppy-holds, this is no good Custome, But to
Prescribe to hold by Fealty for all manner of Services,
is good and reasonable.
23
COPPY-HOLDS
If the Lord will Prescribe never to hold a Court,
but when it pleaseth himselfe, this is not good.
But to Prescribe never to hold a Court for the
speciall good of any one Tenant, except the same
Tenant will pay him a fine for the same, is good
and allowable.
THAT EVERY
Custome ought to be certaine ; and what shall
be said, a Custome certaine.
There is nothing more required in all Lawes and
Customes, then certainty ; for incertainty in all
cases maketh confusion, and therefore Law and
Custome doth also agree in this poynt, that without
some kinde of certainty, neither Law nor Custome
can be good : for in divers cases, where one thing
may bee taken to divers intents, and the circum-
stances of the case such as to which intent the
thing was done, cannot bee certainly judged, there
the same thing so doubtfully done, shall to all
purposes be judged voyde. And incertainty of
Customes and customary causes, grows chiefly three
manner of waies. That is to say, sometimes of
the incertainty of the Persons : Sometime the
incertainty of the things ; and sometimes the
incertainty of the cause : and in some of these
24
COPPY-HOLDS
cases, though there bee at the first a Semblance of
incertainty yet by Circumstances and Contingents,
the incertainties may be turned into Certainties.
As if the Lord of the Mannour will prescribe, that
whensoever any of his Coppy-holders dye without
heires, that one other of the Coppy-holders of the
same Mannor shall Till the Land for the yean
following. This is no good Custome, because the
intent neither is, nor can be certaine, which of the
Tenants shall performe this Service.
But if the Custome be, that if a Coppy-holder dye
without heire, that then the eldest Tenant of that
name, of the said Mannour, shall have this Land ;
this is a good Custome, and containeth in it selfe
sufficient certainty.
If a Coppy-holder do Surrender two Acres of
Land into the Lords hand, the one to the use of
/. S. and the other to the use of /. N. and doth not
name in certainty who shall have the one Acre, and
who shall have the other, the limitation of this use
is voyd, for this incertainty.
If a Coppy-hold be surrendred to the use of /. S.
and his Heires, untill hee shall marry A. G. and after
the said marriage, then to the use of them two in
taile speciall, if after they doe marry, then is the
Surrender to them in taile, and till then, to him in
Fee.
If the Lord will prescribe to have of his Coppy-
holders in the time of peace twopence an Acre of
25
COPPY-HOLDS
Rent, and in the time of Warre four pence an Acre
of Rent, this is good Prescription, because there is a
good consideration of the cause of this incertainety :
But to pay unto the Lord two-pence an Acre rent
when hee will, and foure-pence an Acre Rent when
hee will, this is no good Prescription, because there
is neither good reason nor consideration hereof, nor
can it ever be reduced into any certainty.
THAT CUSTOME MUST
bee according to Common Right: And what shall
be said such a Custome, and what not.
42. Henry 4. Customes and Prescriptions must bee according
i4Hen 4 * common right, that is to prescribe, to have such
Bchon. things as is their right, and reason, to have, and not
by custome of Prescription to claime things by way
of extortion, or thereby to exact Fines or other things
of his Tenant without good cause, or consideration.
If the Lord will prescribe to have of every of his
Coppy-holders, for every Court that shall bee kept
upon the Mannour a certaine sum of money ; this is
no prescription according to common right, because
he ought for Justice sake to doe it gratis.
And so it is if the Shriefe will prescribe to have
a certaine Fee, for keeping his Turne, this is not
a good prescription.
26
COPPY-HOLDS
But if the Lord will prescribe to have a certaine
Fee of his Tennants for any extraordinary Court
purchased, onely for the benefit of one Tennant, as
for one Tennant to take his Coppy-hold, or such like,
this is a good prescription according to the common
right.
If the Lord will have of any of his Tenants that Com - Little -
shall commit a pound Breach, a hundred shillings Taxiey 5. H.
for a Fine, this is good Prescription, but to challenge ^ ^- 2 -
of every stranger that shall commit a Pound Breach Hen. 7. 16.
a hundred shillings, this is no good prescription. ^ s j^' 2 '
If the Lord will Prescribe that every of his Coppy-
holders within his Mannour that shall marry his
Daughter without licence shall pay a Fine to the
Lord ; this is no good Prescription according to
common right.
THAT A CUSTOME
must be upon a good Consideration, and what
shall be said such a Custome, and what not.
Consideration hath a great effect in all Lawes and
Customes, and hath as great an operation, as any one
thing belonging to the Law, for in most causes it
onely guideth and directeth Rights, properties, uses,
and estates, sometimes according to the limitation,
and sometimes contrary to the limitation, as well in
27
COPPY-HOLDS
cases of Customs, as in cases of common Law, for
consideration is the beginning of all Custome, the
ground of all uses, the reason of all rights, and the
cause of all duties : For without Consideration no
Custome can have continuance ; nothing is wrought
by any conveyance, no interest transferred, no right
remooved, no property changed, nor duty accrewed.
As if the Lord of a Mannour will prescribe, that
whosoever passeth the Kings high way, which lyeth
through his Mannour, shall pay to the Lord of the
Mannour twelve-pence for his passage. This pre-
scription is not upon good Consideration : But if
hee prescribe to have a penny of every one that
passeth over such a Bridge, which the Lord of the
Mannour doth use to repaire, this is a good prescrip-
tion, and upon good consideration. If the Lord
will prescribe to have a Fine at the Marriage of his
Coppy-hold Tenants, in which the Custome doth
not admit the husband to bee Tenant by courtesie,
nor the Wife to be Tenant in Dowre, or have her
Widdowes estate ; the prescription of such a Fine
is not good : But in such Mannour where the
custom doth admit such particular estates, there
a prescription for a Fine at the Marriage of his
coppy-holders, is upon good consideration.
If a coppy-holder surrender his Land to the use
of I. S. so long as I. S. shall serve him in such an
office ; if I. S. refuse to serve, his estate doth cease.
If a coppy-holder doth surrender his Land to the
28
COPPY-HOLDS
use of a stranger, in consideration that the same
stranger shall marry his daughter before such a
day : if the marriage succeeds not, the stranger takes
nothing by the Surrenderer : But if the Surrender
bee in consideration, that the stranger shall pay
such summe of money, at such a day ; though the
money bee not payed, yet the Surrenderer standeth
good.
If the Coppy-holder in consideration of twenty
pounds to bee paid by I. S. doth make a surrender
of his Land to N. R. this Surrender is to the use
of I. S. because of the consideration, expressed in
the Coppy, and not to the use of N. R. But if in
the Coppy the use bee expressed to N. R. and no
consideration mentioned, the use expressed shall
stand against any consideration to be averred.
THAT A CUSTOME MUST
be compulsary ; and what shall be said such a
Custome, and what not.
Custome or Law must be Compulsary. and not at
the liberty of a man, whether hee will performe it
or not ; for then it were of no force ; for all Cus-
tomes and Lawes have their effect in two points.
That is, in bidding that which is just, and in
forbidding the contrary : So that the Lawes and
29
COPPY-HOLDS
Customes are refrainers of liberties, and doe
demaund execution of Justice ; not that every man
should have, or doe what they would ; but that
which by Justice they ought, whereunto by duty of
Law and Custome, hee is compellable, for otherwise
it were Voluntary in him, which were to the infring-
ing of the Law and good order : As the Poets,
Oderunt peccare boni virtutis amore,
Oderunt peccare mali formidine pcenae.
If the Lord will prescribe that every of his
Tenants shall give him ten shillings a moneth, to
beare charges in time of Warre ; this is no good
Prescription. But to prescribe that they ought to
pay ten shillings, a moneth &c. this is good. For
payment is compulsary, but gift is Voluntary.
If a Coppy-holder doe Surrender his Land to the
use of /. S. so that the said /. S. doe pay him twenty
pounds at such a day. If I. S. please to pay the
same, this is an absolute Surrender, and not con-
ditionall, because the payment is compulsary.
But many Customes there are which at the
beginning were Voluntary, and now by continuance
are growne Compulsary. According to the Civill
Law. Que initio fuerunt voluntatis, ex post facto
fuerunt necessitatis, which also agreeth with the
Common-Law in many cases, as I have partly
touched before.
COPPY-HOLDS
THAT A CUSTOME MUST
be without prejudice to the King, and by what
prescription the King shall be bound, and what not.
The King hath that Prerogative over his Subjects,
that he is not tyed to time as a common person is,
for though a common person may loose his right by
non claime within a certaine time, the Kings right is
still to be preserved, for Nullum tempus occurrit Regi.
Yet in speciall cases where the King is not Intituled
against such prescription by matter of Record, there
such customes shall bind the King.
As for example, if a Coppy-holder prescribeth that
he holdeth of the King by Coppy, this is good, and
by fine certaine, and not arbitrable : to have Waife
and Strayes, and Wrecke (but not Cattallafelonunt
aut fugitorum,) and utlagatorum without Charters.
The Kings Advowson shall never fall into lapse for
not presenting within sixe Moneths.
THAT A CUSTOME OUGHT
to consist of perdurablenesse of Estate, and
of an able capacity.
To those former parts whereuppon I have declared
a good Custome to consist, may be added to either
parts, viz. That he which will claime by Custome,
COPPY-HOLDS
must have a sufficient and perdurable estate to pre-
scribe, And also in his owne right, or in some others,
a sufficient ability or capacity to prescribe.
Touching the first, it is to be understood that hee
which will prescribe, must have a certaine and unde-
feazable estate, and not otherwise. As if a Tenant
at Will, or at sufferance, after hee hath occupyed the
Land for ten yeares, will prescribe to have the same
for ten yeeres more, this is not good. But a Tenant
at Will after the Custome, although hee came in at
the first by the Lords wil, yet doing and paying that
which he ought, he may prescribe to hold the Land
whether the Lord will or no : And although a
Coppy-holder may prescribe in this forme against
his Lord, yet against an Estranger, for a common or
such like kind of profit, hee cannot prescribe, but in
the right of the Lord : neither yet can a Tenant for
life, or for yeeres, prescribe in the right of their owne
Estate onely, because it lacketh continuance to make
a customs or prescription (except) in some cases of
necessity, the Lord of a Mannour, or of a Patronage
for yeeres or life, may grant a Coppy in perpetuity or
presentation for a longer time than the estate of the
Grantor doth continue, and this is admitted causa
necessitatis, and not Jure prescriptions.
To the second, Capacity must be in himselfe that
doth prescribe ; which ability and Capacity must
consist in the person of him that doth prescribe :
For as prescription may be sometimes in respect of
32
COPPY-HOLDS
estate, Mannour, Lands or Offices ; so may prescrip-
tion sometimes be in respect of person, which person
is not to be understood of a private person ; but of
a body Politicke, not that many persons may pre-
scribe, except the same bee incorporate, and to pre-
scribe in respect of their incorporate capacity, and
not in respect of their private capacity. As if the
inhabitants of Dale will prescribe to have Common
in the Soyle of S. this is no good prescription ; for
that they be not incorporate, they must prescribe
that H. Lord of the Mannour of Dale, for him and
his Tenants within the said Mannour, have used to
have Common within the said Soyle : so is it for
Coppy-holders, for they must prescribe in the name
of the Lord in such a case.
If a man prescribe that hee and his Ancestors have
had such an Annuity, this is not good : But if a
Bishop doe prescribe that hee and his predecessors
have had such an annuity this is good.
The pleading of Prescription must be used in
forme of Law, as other matters that be plead-
able, and forme must be used (likewise) in pleading
of Coppy-holds, and other Customary Titles for
avoyding of confusion and discord, as well as in
other cases of the Common Law, the forme of plead-
ing prescription doth differ as the quality of the
thing, whereof prescription is made, and sometimes
doth differ, as the persons doe differ which make the
prescription : As if a Coppy-holder makes his Title to
33
COPPY-HOLDS
his Land by prescription, he must plead that the
same Land is, and hath beene time out of mind De-
mised and Demiseable by the Coppy of Court role,
according to the custome of the Mannour wherof
it is holden.
If two men as younger brethren will make their
Title to Land in Gavell-kinde, they must say, that
the same Land is of the Tenure and Nature of Gavell-
kinde, which time out of minde, have bin parted and
partable between Heires males.
So if the youngest Sonne maketh his Title to Land
in Borough English, hee must plead, that time out
of minde, the Custome of the said Mannour hath bin,
that when, or at what time soever a Coppy-holder
dyeth Seised of any Coppy-hold Lands in the same
Mannour, having divers Sonnes, that the same hath
used Jure Hereditario, to descend unto the youngest
Sonne, &c.
And as the forme doth differ in the things whereof
the Prescription is commonly made, so doth it differ
as the Persons do differ, which prescribe as a private
person shall prescribe in him and his Ancestors,
whose estate he hath. An incorporate person in him
and his Predecessors. A Lord of a Mannour in him
and them which were Lords of that Mannour.
A Sheriffe, in him and those which have beene
Sheriffes of the same County.
A Steward of a Mannour in him and those which
have beene Stewards there.
34
COPPY-HOLDS
A Free holder in him and them which have beene
Stewards to the said Lord.
A Coppy-holder shall prescribe against an Es-
tranger, that the Lord of the Mannour, for him and
his Tenants at will, have used the like, &c.
WHAT NECESSITY A
Court Baron is of, whereof it doth consist, how it is
defined, and what shall be said a sufficient Court
Role to make a Coppy-hold.
Every Manour hath a Court Baron, incident to it,
of common right, and common necessity, and this
Court Baron consisteth of foure speciall parts, viz.
The Lord, the Steward, the Tenants, and the
Bayliffe.
A Court Baron is defined to bee an assemblie of
these parts together, within the said Mannour, to
take Councell, care, and enquire of causes concern-
ing the same Mannour ; to see justice duely executed,
the acts and ordinances there done to bee recorded
in the Roles of the same Court, which Roles are the
evidence of all ordinances, duties, customes, and
conveyances betweene the Lord and Tennants of
the said Mannour, and are to bee entred by the
Steward or an Officer indifferent betweene the Lord
and his Tennants, and the same Roles to remaine
35
COPPY-HOLDS
with the Lord, thereby to know his Tennants, his
Rents, and his Fines, his Customes, and his
services.
And the particular grant of every Coppy-hold, to
bee coppyed out of the Roles, the coppyes thereof
to bee delivered to every particular Tennant, neither
can they make any other Title to the said Tenne-
ments, but by their said Coppy.
If the Lord of the Mannour having Coppy-hold
Lands Surrendred into his hands, will in the
presence of his Tennants out of the Court, grant the
same to another, and the Steward entreth the same
into the Court-Booke, and maketh thereof a Coppy
to the grantee, and the Lord dye before the next
Court, this is no good Coppy to hold the Land.
But if the same Surrender, and grant be pre-
sented at the next Court, in the life of the Lord,
and the grantee admitted Tenant, and a Coppy made
to him, this is a good Coppy.
If the Lord of a Mannour having ancient Coppy-
hold in his hands, will by a deed of Feofment, or by
a Fine grant this Land to one to hold at the will of
the Lord, according to the Custome, yet this cannot
make a good Coppy-hold.
If the Lord in open Court doth grant a Coppy-
hold Land, and the Steward maketh no entry thereof
in the Court Roles, this is not good, though it bee
never so publicke done, nor no Collaterall proofe
can make it good.
36
COPPY-HOLDS
But if the Tenant have no Coppy made unto him
out of the Role, or if hee loose his Coppy, yet the
Roles is still a sufficient tytle for his Coppy-hold, if
the Roles bee also lost, yet it seemeth that by proofe
hee can make this good.
If Ordinances or by Lawes bee newly made, and
Recorded in the Roles of the Court, if the Court
Roles bee lost, the by Lawes be set at Liberty, yet
if there be any ancient customes or priviledges by
Prescriptions not entred in the Roles, &c. though
the Roles be lost, yet they remaine good.
WHO SHALL BE SAID
such a Lord of a Mannour as
hath power to grant a Coppy-hold.
A Lord to grant or allow a Coppy-hold, must be
such a one, as by Littletons definition is seised of a
Mannour, so that he must be in possession at the
time of the grant, for although he have good right and
title, yet if he be not in possession of the Mannour,
it will not serve : and on the other side, if hee bee
in possession of the Mannour, though he have neither
right nor title thereunto, yet in many cases the grant
and allowance of such a Coppy, is good as Dominus
de facto, sed non de jure. And in some cases a
Coppy-hold shall be adjudged good, according to the
37
COPPY-HOLDS
largenesse of the state of the Lord that granted the
same, and in some cases shall continue good for a
longer time than the estate of the granter was at the
time of the grant. But that is to be understood
in case of necessity, otherwise it will not be
allowed.
If a man seised of a Mannour, in which are divers
Coppy-holds demiseable for lives, is disseised, and the
disseisor granteth a Coppy-hold, being voide, for three
lives ; this is not good to binde the disseised, other-
wise it is of a Coppy-hold of Inheritance, because it
is necessary to admit the next heire.
If a man have a Title to enter into a Mannour for
a condition broken, and he granteth a Coppy-hold of
the same Mannour (being void) at a Court Baron,
this is a good grant, for the keeping of the Court
amounteth to an entre into the Mannour.
A man seised of a Mannour for life, whereunto
bee Coppy-hold of Inheritance belonging, and one
Coppy-holder Surrendreth to the use of a stranger
in Fee, the Lord may grant this in Fee, and this
Grant shall binde him in the reversion ; but if the
Coppy-holds being demisable for lives, it is other-
wise, for then hee cannot upon Surrender grant the
same, longer than the life of the Grantor. But if
the Lord of a Mannour for yeeres, or during the
minority of a Ward, of which the Coppy-holds are
demisable for three lives successively, and not sur-
vivingly ; in this case if the Coppy-holder dyeth,
38
COPPY-HOLDS
the Lord may grant the same, being voide for three
lives, at his pleasure, and this shall binde him in the
Reversion, or the heire at his full age.
WHO SHALL BE SAID
such a Tenant as may be a COPPT-HOLDER.
Although there seemeth some shew of difference
betweene Coppy-holders, and Customary Tenants,
yet differ not they so much in nature, as in name ;
for although some bee called Coppy-holders, some
Customary, some Tenants by the Virg, some base
Tenants, some bound Tenants, and some by one
name, and some by another ; yet doe they all agree
in substance and kinde of Tenure, though differ in
some ceremonies and kinde of serving, and therefore
the name is not the matter, but the Tenure.
Hee shall bee said a person sufficient to be a infant Itin.
Coppy-holder, who is of himselfe able, or by another Covert / '"**~
rrj ' J tick Nemy 13.
to doe the service of a Coppy-holder ; as an infant Eliz. Dier.
may bee a Coppy-holder for his Gardein, and prochein 3
any may doe the service ; so may a feme Covert, and
her husband shall doe the service : But a lunaticke,
or Ideot cannot bee a Coppy-holder, because they
cannot doe the service themselves, nor depute any
other ; and the Lord shall retaine the Coppy-hold
of an Ideot, and not the Queene.
39
COPPY-HOLDS
A Bond-man or aliene borne may bee a Coppy-
holder, and the King or Lord cannot seise the same.
But a man cannot be a Coppy-holder unto a Man-
nour, whereof hee himselfe is Lord, although hee
bee but Dominus pro termine annorum. or in Jure
Uxoris.
WHAT SHALL BE SAID
such Lands or other things as are demisable by
Coppy, and may be holden by Coppy.
It may bee said of Copfy-hold Lands, as is afore-
said of the Tenants ; they may differ in name, but
not in nature : As some called Coppy-hold Lands, some
customary Lands, some bound Lands, some base
Lands, some ancient Lands, some demeasne Lands,
some encrease Lands, some Mollendes, some waste
Lands, some worke Lands, some loose Lands, and
some Vierge-lands.
And although Coppy-hold lands bee specially so
called, because it is holden by Coppy of Court Role,
customarie lands because of some special custome ;
Bond lands because of the Bond, Tenure, base
lands because of Base Tenure, ancient lands, be-
cause of the old demise, demeasne Lands because
of its new demise, and late being in the hands of
the Lord of the Mannour; increased lands, because
40
COPPY-HOLDS
it is late purchased, and laid to the Mannour :
Mollands, because it is holden by easie rents, or no
rents at all ; waste land, because it hath beene lately
improved out of the waste of the Mannour ; Worke
lands, such as hath common appendant belonging
to it ; lose land, because it is holden by uncertainty
of Rents ; and Veirge land, because it is holden by
the Veirge : Yet al the said lands are holden in one
general kinde, that is, by custome, and continuance
of Time, and the diversity of their names doth not
alter the nature of their Tenure.
It seemeth by Littleton, that onely Lands and
Tenements are demisable by Coppy : And therefore
if the Lord of a Mannour will grant the rent charge,
or the office of Stewardship, or Baylewicke of his
Mannour by Coppy, or a common in grosse by
Coppy, these bee not good grants, because they lye
not in Tenure, and also because the Custome doth
not extend unto them, but common appendent to a
Tenement or Coppy-hold lands may be demised
with the Tenement by Coppy.
Demeasne lands which within time of memory,
have beene occupied by the Lord himselfe, or his
Farmour, is not good to be granted by Coppy,
because of the newnesse of the grant, yet by con-
tinuance of time it may be good Coppy-hold, when
the memory of the contrary is worne away, as hath
beene said before. Neither can the Lord that
granted such a Coppy, put out his Coppy-holder
COPPY-HOLDS
during his life that granted the same, because hee
should not bee received to disable his owne grant.
If a Coppy-holder doe Surrender his coppy-hold
into the Lords hands, meerely to the use of the
Lord, I doubt whether the Lord may grant this
againe by Coppy, as hee may where it comes unto
him by forfeiture, or by escheate, because it is made
percell in demeasne by his owne acceptance, and not
by the Act of the Law, quaere.
Note that neither the Statute of West. 2. de donis
conditionalibus, nor any other Statute, that hath not
Coppyholds named in it, doth extend to Coppy-hold
Lands, as the Statute Staple. 27. Ed. 3. nor the
Statute of Heresie 2. Hen. 5. nor the Statute of
Wills 32. Henry the eight, nor the Statute of Limita-
tion, made the same yeere as is now taken contra to
Master Brooke in novel cases. 426.
But though a gift in Taile of a Coppy-holder, be
not contained in the same Statute of West, the second :
Yet I thinke in such Mannour, where time out of
minde they have used to make gifts in Taile of
Coppy-hold Lands, there such gifts bee good at this
day, and they may make protestation in the nature
of any Writ, as appeareth by Littleton.
42
COPPY-HOLDS
WHAT SHALL BE SAID
a good Surrender.
As in the conveying of Free Lands there is
required some ceremony and publicke notice, so
is there in the assuring of Coppy-holds necessarily
some publicke Fact to bee done therein, which is
the Surrender. In which ceremony there is con-
tained two effects, the one what is surrendered and
to whose use ; the other that it bee done with the
Lords good will, and for that cause it is surrendred
into his hands. And although there be divers wayes
of Surrender in severall Mannours, as within some
Mannours to surrender by the hand of another
Coppy-holder, and in some other to surrender to the
Stewards hands, in some to the Bayliffes hands, and
some by giving a yard to the Steward, in some by
giving his hand, or his glove, which bee outward
signes of his intent : Yet in all these kindes the
words of Surrender must not bee divers, but one,
and to one effect, and must be either words of
Surrender expressed, or words of Surrender implyed ;
and therefore if a Coppy-holder will bargaine and
sell his Land to 7. S. and this is found by the
Homage, and 7. S. prayeth to bee admitted Tenant,
yet the heire of the Coppy-holder shall avoyde the
Admission, because of the insufficiency of the Sur-
render, taking by the words of Bargaine and Sale,
and not by words of Surrender, opi. Sigr. Dier 8.
43
COPPY-HOLDS
Dier Eliz. Lou ill dit. que relees ne vault inure Come
une surrender.
If a Coppy-holder commeth into the Court, and
desireth his Lord to admit his sonne to bee Tenant
in his fathers place, this seemeth a good surrender to
the use of the sonne.
If a Coppy-holder will in the presence of other
Coppy-holders of the same Mannour, say that hee is
content to Surrender his coppy-hold lands to the use
of /. S. this is no good Surrender : But if hee saith,
hee doth surrender into the hands of the Lord to the
use of 7. S. if the Lord will thereunto agree, this is a
good Surrender, whether the Lord will or not.
If the Tenant will Resigne his Interest in the
Court, into the Lords hands, therewithall for the
Lord to doe his will, this is a good Surrender if it be
accepted.
If a Coppy-holder will say hee will bee no longer
the Lords Tenant, though these words bee recorded,
yet this is no good Surrender.
If a Coppy-holder for life take a new Estate for
life by coppy, this is a surrender of his first estate.
But if a coppy-holder for life will take a Lease of
the same by Indenture for life, this is not a good
Surrender of the Coppy-hold : Qucere.
If a Coppy-holder commeth to the Lord, and
telleth him, that for the preferment of his Sonne in
marriage, with such a mans daughter ; his will is, to
give his Land presently to his Sonne, and desireth
44
COPPY-HOLDS
the Lord that he would be contented therewith, this
is no good Surrender.
But if he had said these words in the Lords Court,
and the same recorded, or found by Homage as a
Surrender, and so presented, then this had been a
good Surrender without any other words of
Surrender.
THAT A COPPY-HOLDER
must bee admitted Tenant, and what shall be said
a good admittance of a COPPT-HOLDER.
If a Coppy-hold descend unto a married woman, By Sergeant
and her husband take the profits thereof, and suffer
a Court day to passe without admittance of his Wife, 292.
and then the Wife dyes, the Husband shall not be
Tenant by the curtesie, but in the 12. Eliz. Dyer 291.
292. it seemeth that the contrary should bee the
better opinion.
An entry before admittance is no forfeiture, with- 30. Hen, 8.
out an especiall custome pleaded, but the heire may ' '
make a forfeiture for non payment of the Rent, as
the custome was there pleaded before admittance.
If a Coppy-hold be surrendred unto the use of a
stranger upon condition, and the condition be
broken, the party that made the Surrender may
reenter and bee a Coppy-holder to all intents, with-
45
COPPY-HOLDS
out any new admission, for he did depart with the
Land but upon a condition.
Also if a Surrender of a Coppy-hold bee made to
the use of a stranger for Life, and the Lord makes a
grant thereof, to the same stranger in Fee, this shall
not binde the heire of the Tenant, but that hee may
enter after the death of the grantee ; for hee tooke
the Land by the Surrender, and not by the grant made
by the Lord : for the Lord is but an instrument for
the conveyance of the Land ; for if I make a Sur-
render unto the Lord ea intentione, that hee shall
grant over unto such a man, if the Lord will not grant
the same, I may then re-enter, but the stranger hath
no meanes to enforce the Lord to grant the same
over unto him, but hee may maintaine Trespasse
against the Lord, if hee doth suffer me to re-enter,
and this is the opinion at this day.
The Lord of a Mannour hath that prerogative in
his Coppy-holds, that no stranger can bee his Tenant
thereof, without his special assent, and admission,
and for that cause a Coppy-hold shall not bee lyable
to any executions of Statutes, or recognizances,
neither shall be Assets, in debt or Formidon, neither
is contained in any the Statutes afore named, for if
it were, then should the Lord be forced to have a
Coppy-holder whether hee would or no, which is
against the nature of a coppy-hold.
And therefore a stranger can never enter, though
a Surrender made to his use bee accepted, except
46 j
COPPY-HOLDS
hee bee admitted Tenant, but otherwise of the heire,
for hee may enter and take the profits before the
Admittance after the death of his Father.
Admittance may be three manner of waies, an
expresse admission, by the words entred into the
Court Role, viz. Unde admissus est Tenens, or by
acceptance, or implication, as if the Lord wil accept
the rent by the hands of a stranger : thirdly, by
admitting one Coppy-holder, in some cases the Lord
shall admit another by implication to some purposes
and to these three may bee added a fourth, which is
by the entry of the Sonne, after the death of his
Father, and the Tenant in Dower after the death
of her Husband, which is lawfull without admission,
till the next Court, and then they must pray to be
admitted, &c.
If a Coppy-holder doe surrender his Land to the
use of /. S. and the Lord doth grant the same to
/. S. accordingly, and thereupon hee enters, yet hee
is no good Coppy-holder, till hee bee admitted : But
if 7. S. appeareth at the Lords Court, and passeth on
the Lords homage, or the Lord accepts his Rent
or his Fine for the same Coppy-hold, now hee is
become a good Coppy-holder without any further
Admission.
If a Coppy-holder surrendreth his Land to the
use of /. S. for life, the Remainder to the use of
R. N. for life, and the Lord granteth the same
47
COPPY-HOLDS
In Trespas
by Hagger
against
Felston.
accordingly, and admitteth /. S. it seemeth this is
a good admission to R. N. that is in the Remainder.
A Coppy-holder in Fee dyeth seised, his heire may
make a surrender to the use of a stranger, without
admission : quaere. But if a Coppy-holder surrender
to the use of /. S. this 7. S. cannot surrender to
the use of a stranger, without being first admitted
himselfe.
If a Coppy-holder Surrender all use of two joyntly,
and they are admitted, if the one of them dyeth, the
surviver needeth not to bee admitted againe for the
moytie : But if a Coppy-holder having Issue two
daughters, and they are admitted, and then the one
of them dyeth, the other must needs bee admitted
for the other moyty, for she takes the same by
discent.
L 'heire dun Coppy-holder poit prender les profits
avera accion de Trespas el serra possessio fratris dune
Coppy-hold, devant ascune admittance 12. Eliz. Sigr.
Dier 291. poit faire leases per ans. Denby el Buttocks
ca.
WHAT SHALL BE SAID
a forfeiture of a COPPT-HOLD.
The Tenant by Coppy standeth bound by his
Tenure to the Lord, that if hee doth any thing to
48
COPPY-HOLDS
the Lords dis-inheritance, or in some cases if he
doth transgresse the duty of a good Tenant, he shal
forfeit his Coppy-holde : But because all offences are
not equall, so likewise there are degrees of punish-
ment ; for there is a difference betweene offences
done wittingly and willingly, and faults ignorantly
and unwillingly committed.
And therefore some offences are forfeitures ipso
facto, some are onely forfeitures when they are pre-
sented and not before, and some are onely fineable.
Forfeitures ipso facto are offences that lye in mis-
fesans, and bee apparent forfeitures ; that Forfeitures
that lie in Nonfesans, are where the offence is not Non-fesans
apparent, nor affirmatively to bee proved without
presentment.
Offences Fineable, are offences of contempt, and Fineable.
not of dis-inheritance.
As if a Coppy-holder will in the presence, and
sitting of the Court Baron, say that the Lord doth
extort and exact in due Rents and Services of his
Tenants, or such other unreverend words, this is
onely Fineable.
But if hee will then and there say, being called
forth to bee sworn of his homage, that hee is none
of his Lords Tenant, this makes a Forfeiture of his
Coppy-hold.
But if hee will there say, that hee will shortly
devise a way that hee will bee no longer any of
49
COPPY-HOLDS
the Lords Coppy-holders, this is neither cause of
Forfeiture, nor Fine.
If a Coppy-holder Sendente curia, doe strike
another Coppy-holder, or any other stranger, this
is onely Fineable, and maketh no Forfeiture.
If the Steward sheweth forth a Court Role to
proove that /. S. is a Coppy-holder and this not-
withstanding hee will in the Court say, that hee
is a Free holder and sheweth forth a Free deed,
and claime thereby, and teareth in peeces the Court
Role, and publisheth the free deed, this is a cause of
Fine and Forfeiture.
But if the said Tenant will there upon some
colourable doubt, and question which may arise,
whether hee bee a Free holder, or a Coppy-holder
say to the Steward, because hee knowes not whether
the Rent that hee should pay, be Free rent, or
Coppy-hold rent ; hee will pay it with protestation
that the rent may be recorded as it shall fall out,
and with like protestation offer and do his service,
though in truth hee bee a Coppy-holder, yet this
deserveth neither Fine or Forfeyture.
If a Coppy-holder cannot pay his rent, and will not
doe his service, this offence is on the Negative, and
maketh no forfeiture till it bee presented.
Tenant per Coppie ne poet facer e wast ne couper bois
per vender, mes pro reperacon tantum 9. Hen. 4. 12.
43. Ed. 3. 32. 80.
But if a Coppy-holder doth Alien his Land by Free
COPPY-HOLDS
deed, or will commit waste, or demise his Coppy-
hold contrary to the Custome, or will sue a replevin
against the Lord, for a Distr. lawfully taken for his
Rent or service due, or disclaime in the Land being
summoned to the Lords Court, or will there claime
it as his free hold, or will in any other Court untitle
any other Lord unto it, or bee attainted of treason
or felony, or continue out-lawd, or excommunicate,
during the Lords Court, or refuseth to goe with his
Lord or other commissioners for that purpose in the
service of the Prince, to suppres Rebells, riots, or
unlawfull assemblies. All these offences bee apparent
mis-fesance and forfeiture ipse facto without any
presentment.
But if a Coppy-holder being of the grand Inquest
at the Assizes or Sessions, shall indite his Lord of
any manner of offence committed against the Prince
or Lawes of this Realme, or shall upon proces Com-
pulsary give evidence against his Lord, which is true
in any cause betweene his Lord and another common
person, or betweene the prince and his Lord without
compulsary proces, or shall make any bodily arest
of his Lord by the commandment of the Shriefe or
other lawfull authority, or shall bring any Action or
Suit against his Lord in any of the Queenes Courts
(except a Replevin case aforesaid) All these last
recited, be cause of neither Fines or Forfeitures of
any Coppy-hold.
Also a Coppy holder not claiming his Coppy-
COPPY-HOLDS
hold after the death of his Ancestor within a yeere
and a day, at the Court, if any bee, it is a forfeiture
for ever per. opin Catline, Stowells Case 372. et c. il
Penc ceo dee bone custome in plusors Mannours.
If Coppyholders being on a Jury will not finde
the waste committed, or will not present things
presentable, this is a forfeiture of their Tenures,
if they be Coppy-holders ; by the opinion of Catlin,
Dier, and Brooke. 4. Eliz. Dier. 211. pe. 31. 6. et 7. Eliz.
233. b. 9. Hen. 6. 44. b.
If a Coppy-holder will not bee sworne to present
such offences as are forfeitures, this is a forfeiture
of his estate ; so if he alien, or make Coppy-hold
free, for tenne pound, the Lord may enter, for they
are wilfull acts, for which the Lord may enter
without presentment, but for negligent offences, as
for not doing of services, or not acceptance of a
Coppy-hold after the death of his ancestor, the
Lord cannot seise without presentment of the
homage. And if an infant within the yeere after
the death of his Ancestor, will not after the Court
holden & proclamation made, pray to bee admitted,
it is no forfeiture, unless the custome of the
Mannour be, that an infant ought to forfeit his
estate by such negligence, for it is but a claime
at common Law, which barres not an infant, which
hath not discretion. Betweene Hautrey and Buck-
shire and one of his coppy-holders . 12. Eliz.
Rot. 96.
5*
COPPY-HOLDS
If thirteene coppy-holders bee sworne in a base
Court, and twelve agree to give Verdict, the thir-
teenth will not, it is not a forfeiture, for it is a
good verdict without his assent, and perhaps it is
not agreeing to his conscience, and therefore it is
not properly a not doing, or denyall to doe his
duty.
Quare, If there be 12. and 11. agree, and the
twelfth will not, for it is not a full Jury. Pasche.
20. Eliz. Co. Bank. ve. 3. Ed. 3. Verdict 10. ou. 11.
29. Ed. 3. ibid. 45. 12. Hen. 4. 10. Sherwe.
WHAT OFFICE OR POWER
entirely, or dividedly the Lord Steward, Free-
holder^ Coppy -holder 3^ and the Bayliffs have in
the Court Baron.
Although the Lord, the Steward, the Free-holders
the Coppy-holders, and the Bayliffes of every
Mannour, have an intermixt and joynt office, and
authority in some cases, and to some purposes :
yet to other purposes their office is distinct and
divided, and every of them doth occupy severall
places, persons, and parts.
The Lord is chiefe to command and appoynt the
Steward to direct and record the Free holder to
affere and judge the Coppy-holders to enforme and
present, Bayliffe to attend and execute, &c.
53
COPPY-HOLDS
And all these together make a perfect execution
of Justice and Judgements in a Court Baron, and
without all these a Court Baron cannot be holden
in his proper nature, in respect of all causes be-
longing to the perfect jurisdiction of a Court Baron.
And yet a Court Baron may be held by use and
custome, for some Coppy-hold causes, though it
want one of the sayd parties (viz.) the Free holders,
and therein Coppy-hold cases the Steward doth
supply the place of a judge : But no other of the
parts aforesaid, except the Free holders, can be
missed, or spared in a Court Baron.
But to make some more particular demonstration
of their distinct authorities and offices ; and first the
Lord as hee is chiefe in place, so is hee in Authority,
and occupieth three severall Roomes, the one of a
Chancelour in cases of equity, the other of a Justice
in a matter of right, the third of himselfe in cases
proper and particular to himselfe.
The Steward doth occupy the parts of severall
persons, that is to say, Judge and order in cases of
Coppy-hold ; and also a Minister, and Register to
enter things into the Court Roles, and in both these
to bee indifferent betweene the Lord and his Tenants.
The Free-holders doe likewise fulfill two parts,
that is, to affeere, & judge amercements, and also to
returne and certifie judgements.
The Coppy-holders also doe hold two severall
roomes, viz. to enforme offences committed against
54
COPPY-HOLDS
the Lord within that Mannour, and to present such
things as shall be given in charge by the Steward.
The Bayliffe doth also occupie two parts, that is
to say, to execute the process and Commandments
of the Court, and also to returne into the Court the
Execution of the same proces.
6. Ed. 6. Brook. No. case. 84. plin. 387. the under-
steward in Court, without authority of the L. or of
the high-steward, may demise Coppy hold and it is a
good grant, for it is in full Court ; but contrary it is
if it be out of Court. Quere, if the high steward with-
out authority may demise out of Court.
Finis Lecture Calthrop.
A Coppy-holder being indebted, doth surrender to
his creditor, upon trust that he shall have the Land
to satisfie himselfe of the debt, and then to bee sur-
rendred backe againe unto him ; And after the debt
levied, the creditor will not surrender, whereby
according to the Custome of the Mannour, the
Tenant pursues an English Bill to the Lord in his
Court, by which the trust is prooved by deposition ;
the Lord seiseth the Land to the use of the first
Coppy-holder until &c. And Wray was of opinion,
that he may well so doe, for he hath no other
remedy, for the Lord cannot imprison him, as the
Lord Chancelour of England may doe ; and that the
custome of deposition is good, though some doe
doubt : but Gawdy agrees, but hee saith that the Lord
55
COPPY-HOLDS
cannot retaine and keepe the Land, and if hee should
so doe, the other should have a Subpena ; where-
unto Wray agreeth, that hee cannot retaine the Land,
but seise it and grant it over, which without seising
hee cannot doe, 25. Eliz. B. upon the motion of
Cooke, who sayd that 14. Hen. 4. 39. and Fitz. B. 18.
are according to their opinions : For a Coppy-holder
shall not have a Writ of Error, nor false judgement,
upon a judgement against him in Court of the Lord ;
but he shall sue by bill, and thereupon the Lord
shall reseise the Land, upon false judgement given
by the Steward, and shall make restitution.
If one recover a debt by plaint in Court Baron,
those of the Court have not power to make execu-
tion to the Plaintiffe of the defendants goods,
but they may distraine the defendant, and after
the judgement retaine the distres in their hands in
safegard, untill the Defendant hath satisfied the
Plaintiffe of that wherein hee is condemned by the
Court, 46 Hen. 6. 17. See the Booke of Entrees Fol.
116. 7. Hen. 4. 27. In replevin the defendant said,
that one Edward Besall brought a writ of Droit
close against the Plaintiffe, and one other in the
Lords Court in ancient demeasne, and declared in
nature of Assise, and it was found against the
plaintiffe, and damages were taxed ; whereby the
defendant being then under- Bayliffe, by the Stewards
commandement, takes the beasts for execution of
the damages, and takes and fells them, and delivers
56
COPPY-HOLDS
the monies to the plaintiffe in Assise ; this is a good
plea, and yet this is but a Court Baron. And Fol.
29. by Hull; A man recovers ancient Demeasne-
Lands, and damages in a Court of ancient Demeasne,
and the Bayliffe may take the beasts of him against
whom the recovery is, &c. for execution of Damages
in every parcell of the Land holden of the Mannour,
although that Land be Frank-fee, and it is not
denyed 22. Assise, 72. agrees with 4. Hen. 6. Mr.
Kitch. 115. where it is used to make execution by
levari facice, that is a good Custome. 38. Fd. 3.
Custome 133. upon a recovery in Court Baron, the
Defendants Cattle were delivered in execution.
WHERE A TENANT BY
Copy may plead a speciall Custome, which is onely
proper to him and his predecessors before him.
Ninth Eliz. Taverncr was sued by the Lord
Cromwel, for that he had committed waste upon his
Coppy-hold ; hee pleads by the advice of Manwood,
that he and those who before him had the house
wherein he dwelt, had such a Custome by Prescrip-
tion, that they might fell Timber-trees. &c. And
many arguments were against that Custome, in as
much as other Tenants of that Mannour had not
such a Custome, but were punishable, and had for-
57
COPPY-HOLDS
feited their Lands for such waste ; also that Custome
was against common right, and not reasonable ; and
after long deliberation of the Judges, it was ad-
judged, that a Tenant may plead a particular
Custome, as if one prescribe to have a way in the
Lords Land, &c. And 19. of Eliz. one prescribed
that he and those of that Tenement his predecessors,
had used to have Common of estovers in another
Mannour, notwithstanding that the other Tenants
have not such a Custome, and it was good by the
advice of all the Justices.
WHERE THE TENANT
may cut downe Trees, destroy houses by custome,
and such like customes, &c.
Fourth Ed. 6. Justice Dalisons Reports, Sanders,
and divers Justices, Tenant by Coppy of Court Role
may prescribe to have Wood growing upon the
Land. Montague, there is such a Custome, and so
used in the Counties of Mid. Northland, and other
places. Browne, it hath beene heere agreed of late,
that Tenant by the Custome may prescribe to suffer
their houses to fall, and to destroy their houses ; so
also heere, whereby this is a good Custome. Mon-
tague, I have heard a Fable, that a Tenant by the
Custome may digge in the one part of his house,
58
COPPY-HOLDS
and burne the other part, by the Custome : But if
you will agree that the Tenant by Custome shall
have the Land against the Lords Will, to him and
his heires by the Custome ; why then may they not
by the Custome cut downe Wood ? Sanders, I agree
to none of your cases. Montague, surely in the
Chancery it will bee over-ruled against you without
doubt, and it is necessary that an Act of Parliament
bee made upon it.
WHERE AND HOW
'Tenant by Coppy, may make a joynture to his wife
of the same Land.
A Stranger brings a writ of right against the
husband and wife, in the same Court where the
Land is by plea, and the husband and wife doe
appeare, and the demandant doth Count against
them ; and the husband and wife doe defend, and
say that they have more right than the demander,
and offer to try it by Battell ; and the demander
and Tenants doe Imparle, at which day the de-
mander appeares, and the husband and wife make
default, whereby small judgement is given against
them ; and at the same Court the Recoverer Sur-
renders the same Land into the Lords hands, to
the use of the Husband and Wife, and the heires
59
COPPY-HOLDS
In Monsier
Wiers reports
whether a
recovery in
Court Baron
may defeat
an entayle.
B. Regis 2.
Content. 21.
of their two bodies begotten ; and it was sayd,
that this assurance hath beene used 1. Ed. 6.
Dalisom reports.
Pell et Hikden : Trin. 36. Eliz. Rot. 547. en the
Kings bench : Tenant in Tayle, the remainder in
Fee ; Tenant in Tayle surrenders to the use of
/. S. in Fee ; /. S. suffers a Recovery, and vouches
the Tenant in Tayle, who vouches the common
vouchee, and by speciall Verdict it was found that
there was never any recovery before in that manner,
and it is not yet adjudged. Gawdy and Clinch, that
the recovery cannot be a Barre ; for warranty cannot
be annexed to an estate at will ; also he shall not
recover in value, because of the estate at will.
Fenner and Popham chiefe Justice to the contrary,
and that warranty may be annexed to Coppy-hold
Land, though it bee an estate at will of the Lord ;
but as it is an estate in Fee, performing the services
and duties, the Law will account them Tenants in
Fee : Also recovery in value, being but a fiction in
Law, le common vouchee shall bee accounted to have
the Land in value of the Coppy-hold, within the
Mannour : and the Vouchee 23. Henr. 8. Br.
Recovery in value 27. that such a Recovery is used
in ancient demeasne upon a writ of right, and
Voucher over, and that of a Free-hold there ; yet
enquire of such a Recovery upon a plaint, there
of Land of Base Tenure, for that cannot bee
warranted, &c.
60
COPPY-HOLDS
But in the Common Bench, in trespasse brought Adjudged i
by Comb, against Peares and Turner. Mich. 36. et
37. Eliz. Rot. 14. Bromeley Brittain Hall in Essex : a recovery
Tenant in Tayle of a Coppy-hold suffers a recovery an "
with Voucher, where no recovery was before ; the
lesser enter, by the Court, that cannot be, but he
shall have a Formdone in discender ; for the
recovery in Court Baron cannot availe, because a
warranty cannot be annexed to an estate which is
at the will of the Lord. Also there can bee no
Recovery in value ; first because there can be no
recovery in value of Lands out of the Mannour,
and the Coppy-land is at the Lords will : Secondly,
Coppy-hold Land is granted by Coppy only ; and
if by the Recovery the Tenant may have it ; the
course and Custome of the seignory would be
destroyed, which shall not be : Thirdly, the Lord
shall loose his fine, and Fealty also ; for the Coppy
is admissus est tenens, &c. et Dat. Duo de fine pro
tali ingressu, &c. et fecit fidelitatem. Fourth et fin.
Ph. et Mar. A Coppy-holder Surrenders to the use
of his wife for Life, the remainder to the right
heires of the husband and Wife ; the Wife dyes,
the Husband survives : the question is, who shall
hold the Land ; and it was said that if the Hus-
band had no Issue by that Wife, then his heire
shall have it.
61
COPPY-HOLDS
CERTAINE COPPY-HOLD
cases reported in a certaine BOOKE.
But it was said there, that if the Wife had Issue
by another Husband, it was there doubted. But
it was holden by the better opinion in Dier, that
the Husband and his heires shall have the Land ;
yet if the Husband had first two sonnes, the heires
of the Husband, and the heires of the Wife, shall
have the Land in common after the decease of the
Wife, and for proofe thereof hee puts this case, if
Land bee given for Life, the remaynder to two
men and their heires, they cannot have one heire
in the case : if the Tenant for life dye before them
in remainder they shall bee Joine-Tenants, and the
heire of the surviver shall have all : But if none
in remainder bee in life, when the Tenant for life
dyes, then the heires of them in the remainder
shall hold in common.
Thirty seventh Henry the eighth ; A Coppy holder
to the intent to make an assurance to his Wife,
suffers another to bring a Writ of right in the Coppy
Court, and they joyne the Battell, and at the day the
Husband and Wife make default, and finall judge-
ment was given ; and after the recoverer surrenders
the same Land into the Lords hands, to the use of
the Husband and Wife and their heires ; and a good
assurance pur Cur.
62
COPPY-HOLDS
A Coppy holder makes a Lease at Will to another, A Coppy
who commits Waste, which is a cause of Forfeiture ; !
the Lessor brings an Action upon the case against upon the case
the Lessee : By Walsh, Weston, and Dier, the Lord f
may enter, and have Trespasse against the Lessors his g ood -
Tenant ; and therefore it is reason that hee shall bee
recompenced : But the Lord shall have a speciall
Writ of Trespasse, and not vi and armis, because
the entry was lawfull. 8. et 9. Eliz. ibid.
The Lord Dacres enters upon his Coppy-holder,
and leaseth it to a stranger for yeares ; the Lessee
enters, and was ejected by the Coppy-holder, and hee
brings a writ of Electione firme : The Coppy-holder
pleades that the Lands are demiseable per Custome ;
and so they were at issue : and hee shewed in
evidence a Coppy made 13. Hen. the eighth, by which
a Tenant had surrendred the Lands, to have and to
hold, &c. whose estate hee had, and by another Tenant
rendring the yearely Rents, Customes, and Services ;
and also hee produced certaine Witnesses who proved
the Land to bee Coppie by the space of 69. yeares.
The Plaintiffe, to destroy the Title of that evidence,
shewed certaine Rentales that they were Free Lands,
&c. 9. et 10. Henry 7. and not Coppy ; and also
another Rentall to that intent, in 12. Henry 6 which
prooved that those Lands were leased for twenty
yeares : Per. Cur. this evidence does not disproove
the Coppy-hold, for it was not within the time of
memory ; but if hee had shewed the Indenture of
63
COPPY-HOLDS
The Lord
cannot in-
crease a fine
which is
certaine.
Lease made within 50. yeares, or 80. yeares, so that
a man might remember it, then it had beene good,
although the statute of limitation extends not unto
it, by the Justices, such evidence as prooves it to be
within time of memory is good.
Also by them ; if those Lands bee in the hands
of the Lord by forfeiture, Escheate, or Surrender,
yet the Custome remaineth ; for hee may demise
them againe, and the Custome shall bee revived ;
but by some men, if by Escheate it bee in the
Lords hands, the Custome is extinct. 8. et 9. Eliz.
Ibidem.
Addington Lord of Harlow in Essex, would en-
crease the Fines of his Coppy-hold Tenants, which
were prooved to bee certaine : And it was holden
that hee could not increase them, and it shall be
a good prescription to say, alwaies ready to pay
such a summe and no more. 18. 19. Eliz.
4. Eliz. It was mooved by Manwood Sergeant, if
a Coppy-holder in Fee in right of his Wife doe
surrender, the Wife being not examined by the
Steward, but some of the Tenants, the Custome per-
mitting it, the Husband dyes : Whether the Wife
shall sue by plaint in Nature of a Cui in vita, or
may enter ? And by him shee may enter, because
it is no discontinuance, for that it is a surrender
to the Lord who hath the reversion ; for if a Tenant
in Tayle enfeoffe him in the reversion, it is no dis-
64
COPPY-HOLDS
continuance ; but if she had been examined, shee
should have been barred for ever.
And Dier, if a Coppy-holder in Tayle surrender to
the Lord to the use of a stranger, the Issue may
bring a plaint in Nature of a Formdone in discender,
and purge the discontinuance, for it is within the
statute De donis Conditionalibus, Lit Fo. 16. Com 233.
15. Hen. 8. Br. tit. Tenant per Copie 24.
And by Manwood, no negative prescription may
prevaile against a statute : And the Common Law
is no other but an ancient usage throughout all the
Realme ; and a prime Custome may encounter with
it, but not with a statute.
And by Dier, if after the Surrender the Lord
admit the Wife againe, yet shee shall bee in by her
Husband in construction of the Law.
Coppy-hold of inheritance discends unto two
sisters by two venters, none of them making entry,
and before the Court and admission one of them
dyes, her heire shall have their moyty, and not the
other sister, by Dier chiefe Justice in the Chancery.
Also if a Coppy-holder in Taile surrender to
another in Fee, who is admitted, this is a discon-
tinuance, and so the Husband of his Wifes Coppy-
hold : And hee said, that a remitter shall be of a
Coppyhold, as it shall be of a Freehold and inheritance
at the common Law. 13. et 14. Eliz.
In the Dutchy it was in question ; whether a
Coppy-hold may be entailed or not ? And by
65
COPPY-HOLDS
Wray chiefe Justice, and Manwood chiefe Baron ;
the Tayle was not Fee simple at the Common Law.
if it did not appeare by the Custome, and that may
be prooved by the Court Roles, or by some other
proofe that there is a recovery by plaint of Forme-
don, or the Lands had descended according to
Land in Tayle, as possessio fratris shall not bee of it,
or that that the daughter shall not inherit, before the
sonne which is unckle to the same. Egerton was
of counsell with this case, which was betweene
Sherington and another. 22. Eliz.
Hanchet and Roffe concerning land of Dicot in
Stepping Hackney, a Coppy-holder of inheritance
dies, the Lord grants the wardship of the Land,
during the minority of the heire, to the Wife being
sole ; shee takes a Husband and dyes : It was
demanded whether the husband should have it or
not ? And it seemed not, but if it had beene a
thing in which he had interest to his owne use, that
he should have it, as a Lease for yeares ; the execu-
tor shall have it without admittance of the Lord ;
so the husband shall have a Lease for yeares made
to his Wife, without admission.
By all the Justices. 17. Eliz. If a Coppy-holder
in Fee take an estate in Tayle by Charter-hold, or
take a Lease for yeares by Indenture, his Coppy-
hold is confounded.
7. et 8. Eliz. by Harpour and others ; a Lessee for
yeares of a Mannour may make Coppyes (if the
66
COPPY-HOLDS
Custome be so) to a man and his heires secundum
consuetudinem &c. for if the Coppy-holder in fee
dye, his heire is in by descent, and ought to be
admitted, or else he shall compell the Lord to admit
him, for it is of necessity. But in Coppies for life
or yeares it is otherwise, for by the death of the
Tenant, there is not any that can compell the Lord
to make him a new Coppy if he will not, but hee
may retaine the Land in his owne hands, and there-
fore the grants of such Coppyes as are expired, made
by a lessee for yeares, are voyd.
26, ELIZ.
First, Land Demiseable, by Coppy in the time of
Richard the second, is perfect Coppy-hold ; so if
it be demised by Coppy 15. or 16 yeares.
Secondly, if the Lord purchase the Coppihold of
his Tenant for money, this is clearly a surrender, and
an extinguishment of the Coppy, and it is not de-
miseable by Coppy after : But if the Lord enter for
forfeiture without presentment found, that is demise-
able by Coppy againe.
Thirdly, if the Lord bring Trespas against a
Coppy-holder, who pleads that it is Freehold, this is
a forfeiture, and the Lord may enter.
Fourthly, the Lord cannot seise, because his Coppy
holder was sworne to give evidence against him, for
this is no forfeiture.
67
COPPY-HOLDS
Fiftly, if a Coppy-holder disseise his Lord of other
Land, that is not a forfeiture of the Coppy-hold.
Sixtly, if a Coppy-holder dye without heire, and
the Lord enter by escheat, this is demiseable by
Coppy againe ; but if the Lord afterwards doe make
a feoffment, or suffer a recovery, and after doe re-
purchase it, it is not demiseable ; but if the Lord
reverse the Judgement upon recovery by error,
attaint, or deceit, and hath restitution, then it is
demiseable by Coppy againe.
A disseisin doth not extinguish the Custome, nor
acts done by the disseisor.
Seventhly, if a Coppy-holder suffer a recovery to
be prescript at common Law by collusion, or make
a Feoffment, or bargaine and sale, and the Lord
enters, and makes a lease for yeares thereof ; this
Land is not demiseable by Coppy againe.
Eighthly, if a Coppyholder surrender his Land ;
to the intent that a stranger shall have the Rent out
of it by Coppy ; it is no good Coppy-hold Rent.
Ninthly, if there bee two joynt-tenants in Common
of a Manour ; and a Coppy-holder surrenders to the
use of one, this is not Coppy-hold Land.
Tenthly, if the Husband and Wife bee joynt-
coppy-holders of the purchase of the husband
during Coverture, and the Husband is attainted of
Felony and dyeth, this is not a Forfeiture of any
part of the Coppy-hold ; but if the purchase was
68
COPPY-HOLDS
made before the coverture, then it is a forfeiture
of the moyty.
Eleventh, if two Coppy-holders exchange by
licence, and after the part of the one is recovered
by an elder title, hee may enter into the Land
which the other hath in exchange.
Twelvth, If two Coperceners Coppy-holders make
partition, and the one is impleaded, and doth lose
by just title, and the recoverer enters into the Land,
she cannot enter upon her sister, because shee did
not pray in aid for the rate. A feme Covert Joynt
Coppy-holder with another in Fee may surrender
her moyty to the use of her Husband, and it is
good.
Thirteenth, the Kings Steward without any patent
of his office seiseth divers Coppy-holds, and after-
wards the Lord Treasurer and those of the Exchequer
doe lease the same Land for yeares ; and thereupon
it was moved, whether Coppies made by the Steward
without patent were good ? and the Lord Dier
thought they were good Copies, but in the Exchequer
the Barons were of another opinion.
Foureteenth, a man seised of a Mannour, to which
Coppy-holders for yeares and others are belonging
hee deviseth by testament the same Manour to a
certaine person for payment of his debts, during
which time divers Coppies expire, and the devisees
grant new Coppies, and afterwards during the terme,
the devisees grant in reversion, and a particular
69
F
COPPY-HOLDS
Tenant surrenders in Court to the use of the grantee,
and after the wife of the devisor recovers in Dower
part of the Mannour, and hath execution of those
Coppy-holds assigned by the Sheriffe for her Dower :
And it was mooved, whether the Wife shall avoide
those Coppies made by the devisees ? And Browne
Justice was of opinion that no ; to which Weston
agreed, for they said, that those are ordinary things,
and which must bee done of necessity by force of
the Custome, and not any deede or new charge
created by the devisees, who are but officers to
execute the Custome which of necessity must bee
done, for they cannot bee made by any others who
have the possession of the Mannour ; for it hath
beene adjudged, that such Coppyes and ordinary
things, as presentment to a Church made by a
disseisor, or by a Lessee for Life or Yeares shall
stand good, and shall not bee avoyded by reason
of the necessity : but other charges created by the
Heire after the death of the Husband, as a Lease
for yeares Rent charge in which ther is no such
necessity, the Tenant in dowre shall discharge them,
and although the Wife shall bee adjudged in by her
Husband, yet she shall not have those things which
chance before assignment of her dower. If a Ward-
ship fall, or an avoydance of a Church, or a villaine
regardant hath purchased, and the heire enters, or
presents, these things the heire shall have, and not
the Tenant in Dowre, and it may be that the Wife
70
COPPY-HOLDS
will never sue for her dower, or peradventure shee
shall have other Mannours assigned her for the
same. And as to the reason, that it is not a thing
of necessity to grant Coppyes in reversion, yet they
were of opinion that because the Custome doth allow
it, it is Customeley, and therefore it may be put in
execution : For the Custome is annexed unto the
Land, and not unto the interest of the Lord. But
Wray said, that of estates that are to Coppy-holders
and their heires according to the Custome of the
Mannour, if such a Coppy-holder dye without heire,
the Custome is determined. If such a Lessor for life
or yeares of the same Mannour grant new Coppyes
they are not good, and so there is a diversity.
A man cannot devise that his friends shall make
Coppies or hold Courts, for none shall make Coppies
but he that is Lord of the Mannour, and hath an
interest.
The Lord of the Mannour shall have the govern-
ment of the Coppy-hold during the infancy of his
Tenant : Executors shall have a Lease for yeares of
Coppy-hold Land without any new admittance.
The Husband of a Wife that is Coppy-holder
for yeares, shall not bee newly admitted after the death
of the Wife, nor bee tenant by the courtesie.
Where inheritance of a Coppy-hold descends, the
heire may enter without admittance ; but it was a
doubt whether he should have an action of Tres-
p asse against a stranger before admittance ; for
7'
COPPY-HOLDS
before admittance he is not properly Tenant ; if
such an heire will not come to the next Court ; the
Lord may make proces against him.
A Coppy-holder shall have Trespass against his
Lord, if his Lord out him, paying his Services and
customes.
If erronious judgement bee given against a Coppy-
holder in the Lords Court, the Lord in his Court
may reverse it, for it is not amendable in any other
place or Court.
If the Lessee of a Coppy-hold commit waste, and
the Lord seiseth for forfeiture ; the Coppy-holder
shall not have an action of waste against his Lessee,
as if Tenant for Life make a Lease for yeares, which
Lessee maketh waste, and the Lessor recovers, the
Tenant for Life shall not have an action of the
Case, but is without remedy, for it was his folly
that hee would not have a collatterall covenant of the
Lessee that he should doe no waste.
A Coppy-hold is not forfeit for heresie, by the
Stat. of 2. Hen. 5.
A Coppy-holder is not Ter-tenant, but is Tenant
at the Lords will ; and a Coppy-hold is not bound
by the statute of Wills nor of Fines, nor of
Limitations.
A Coppy-hold shall not be extended by a statute,
Marchant or Staple.
The Husband and Wife being seised of a Manner
to them and the heires of the Husband ; hee grants
72
COPPY-HOLDS
a Rent charge out of it, and dyes, the Coppy-holder
surrenders, the Wife makes another Coppy, and dyes
the grantee shall distraine upon the Coppy-hold.
If the Lord of a Mannour hath a great waste, and
grants a rent charge out of the same, and the Coppy-
holders have a Common in the waste, and they put
in their Cattell, the grantee shall distraine them, if
they cannot make prescription.
If a Coppy-holder surrender to the use of another,
and the Lord will not admit him, nor make a grant
unto him, the surrender is voyd.
If there be two Joynt Coppy-holders, and the one
commits a forfeiture, hee shall forfeit but the Moyty
Lessee for yeares of a Coppy-hold shall have an
eiectione firme ; by Plowden and others.
If there be a Lease for yeeres of a Mannour, and
one Coppy-holder purchase the reversion in fee, this
is a destruction of the Coppy-hold, and the Lessee
of the Mannour may put him out, and occupy
during his terme. 8. Eliz. adjudged.
A Coppy-holder purchaseth the Mannour to him
and another in fee, the companion may occupy the
Coppy-hold joyntly presently. 14. Eliz.
Nota, it was agreed in the common Bench, 21.
Eliz. that the bailiffe of a hundred, or of a base
Court may take goods upon levari Jacias, to give
execution to the Plaintiffe, as well as the Sheriffe ;
yet they agreed that divers bookes are against it.
4. Hen. 6. 22.
73
COPPY.HOLDS
Two Joynt Coppy-holders in Fee make a partition,
that is good and no forfeiture, nor alienation, 12.
Eliz. agreed in dutchy chamber.
If a Coppy-holder surrender, and then the Lord
doth acknowledge a statute marchant, and after the
Lord grants it by Coppy, the Coppy-hold is liable,
for at the time of the knowledgement it was annexed
to the free hold ; but if a Coppy-holder acknow-
ledge a statute, that is not liable.
If a man enter with force upon a Copy-holder, he
shall not have forceable entry, nor indictment, but
the Lord shall have it, and upon restitution to the
Lord the Coppy-holder shall enter.
The Lord grants to a Coppy holder his trees grow-
ing, or that shall bee growing upon the Land, he
may fell trees now growing, and no forfeiture, by
reason of the dispensation, but hee cannot cut the
trees which shall grow in time to come.
If the disseisor of a Mannour make Coppy es for
life, and the disseisee enter, he shall defeat them, but
of Coppy-holds in fee before disseisin, and a new
grant of them upon Surrender in time of disseisin,
it is otherwise per Plowden.
Popham in Case Ramsey vers. Arthurs 29. Eliz.
A Coppy-holder may prescribe to have common in
the Lords Land.
If a Coppy-holder surrender to the use of another,
and the Lord grant it to ccsty que use, making no
mention of the surrender, yet it is good, per Plowden.
74
COPPY-HOLDS
If there bee a Mannour consisting of demeasnes,
Free hold and Customary Tenements, if the Lord
grant certaine of the Coppy holds in Fee, the grantee
may keepe Court, and do homage, and the Coppy-
holders by their oaths may make presentments of
their Customes, or of the death of any Tenant, and
the grantee may make in Court a new estate by Coppy,
as if it should be a perfect Mannour ; but the stile
shall not be, Curia Manery, but Curia halimoti,
id est, Convocatio tenentium, for when they are
assembled, they may enforme the Lord of their
Customes and duties. It was otherwise adjudged
in the Com. bench. 29. Eliz. betweene Dodington
and Chaffin for parcell of the Mannour of M.
It was adjudged in the common Bench 29. Eliz.
that where Sir Peter Carew being solely seised of
the mannour of M. In the County of Devonshire
for Life ; granted a Coppie in reversion according
to the Custome of the Mannour, and dyed before
the particular Coppy-holder ; this is a good Coppy
in reversion against the Lord, in whose hands
soever the Signory should come.
FINIS.
75
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Order of St. John of Jerusalem).
President of the Antiquarian Section.
HENRY FARNHAM BURKE, Esq., C.V.O., F.S.A., Norroy King of Arms.
Consulting Palaeographist.
M. S. GIUSEPPI, Esq., F.S.A.
Archivist.
N. J. HONE, Esq., Author of ''The Manor and Manorial Records," etc.
Assistant Palaeologist.
Miss E. M. THOMPSON.
President of the Manor House Survey and Record Committee.
(Vacant.)
Secretary of Manor Court Roll Index Committee.
Miss M. VAGNER.
Librarian.
W. A. LATHAM, Esq.
Bankers.
MESSRS. HOARE & Co., Fleet Street, London, E.C.
OBJECTS.
( a) To aid and encourage the safe keeping and the study of Court
Rolls and other Manorial Records, and the preservation
and protection of Manorial rights and privileges.
(b) To keep a Register of Manors, etc., and of Manorial Lords
and Ladies and Stewards.
(c) To collect, print, and publish Court Rolls, deeds, and other
documents relating to Manors.
The publication of early Court Rolls, as suggested by the
late Professor Maitland> is receiving special attention.
(d) To obtain access to Manorial Court Rolls, as sources of
genealogical information, of the economic conditions of
land tenure and cultivation, etc.
CONSTITUTION.
Fellows and Associates are entitled to copies of books and
pamphlets published by the Society, and are invited to correspond
with the Society. The intrinsic value of the Society's publications
may considerably exceed the amount of the Annual Subscriptions.
Public Institutions, Libraries, Societies, and Clubs are enrolled
as " Subscribing Bodies," and become entitled to be supplied with
the general publications of the Society for the current year.
SUBSCRIPTIONS.
For Fellows and Subscribing Bodies (per annum) 1 i o
For Associates ... ... ... o 10 6
THE MANORIAL SOCIETY.
FELLOWS of the Society. (Members of the Council.')
(Manorial Lords' and Ladies Division.)
THE RIGHT HON. THE EARL OF COVENTRY, P.C.
THE RIGHT HON. THE EARL OF CHICHESTER.
THE RIGHT HON. THE EARL OF STRATHMORE
AND KINGHORNE.
THE RIGHT HON. THE LORD WALSINGHAM.
SIR H. J. VANSITTART NEALE, K.C.B.
THE HON. RALPH PELHAM NEVILL, D. L. ,
J.P.
SIR WILLIAM RUSSELL, Bart.
SIR WM. H. A. WORSLEY, Bart., J.P.
SIR THOMAS WRIGHTSON, Bart.
SIR STAFFORD HOWARD, K.C.B.
COL. W. HENRY CAMPION, C.B., J.P.
COL. J . H. RlVETT-C ARNAC, C. I. E. , F. S. A.
COL. HENRY STREATFEILD, M.V.O.
CAPT. AUBREY W. BUCKINGHAM.
CAPT. FRANCIS H. LYELL.
CAPT. A. H. THISTLETHWAYTE.
LIEUT. HERBERT WILLIAM DEEDES.
THE REV. F. W. BUSSELL, D.D.
THE REV. H. A. HARRIS.
THE REV.CHAS. LEWIS KEN N AW AY, M. A.
MRS. BALDWYN-CHILDE.
GEO. F. BEAUMONT, Esq., F.S.A.
W. F. BEDDOES, Esq.
H. J. BUCKMASTER, Esq.
WILLIAM C. CARTWRIGHT, Esq.
SOMERS CLARKE, Esq., F.S.A.
EDWARD CONDER, Esq., J.P.
E. COMPSON CRUMP, Esq.
SAMUEL P. DERBYSHIRE, Esq., F.C.A.
JOB N. DERBYSHIRE, Esq., F.C.A.
JOHN J. EYSTON, Esq., J.P.
E. ARCHDALL FFOOKS, Esq.
J. RAWLINSON FORD, Esq., J.P.
W. H. FOSTER, Esq.
J. W. GARRETT-PEGGE, Esq., J.P.
J. E. A. G WYNNE, Esq., J.P., F.S.A.
ARTHUR HARSTON, Esq., F.S.I.
CHRISTOPHER HARSTON, Esq., J.P.
N. GODDARD JACKSON, Esq.
THE HON. ALEXANDER HEWETT KERR,
of Portland, Oregon, U.S.A.
ALEXANDER T. W. KERR, Esq.
W. G. LAMBARDE, Esq.
W. D. MACKENZIE, Esq.
EDWARD R. MARSHALL, Esq.
W. NOCTON, Esq., J.P.
AMBROSE MORE O' FERRALL, Esq. , D. L. ,
J.P.
H. E. PAINE, Esq.
JOHN C. PARKER, Esq.
ALFRED POPE, Esq., J.P., F.S.A.
W. HAMILTON POTT, Esq.
THOMAS SCOTT, Esq.
E. R. B. LEVETT SCRIVENER, Esq.
GERALD DUDLEY SMITH, Esq.
GEORGE E. SMYTH, Esq.
THOMAS E. TATTON, Esq., F.R.N.S.
JOHN TEMPLE-JOHNSON, Esq.
MRS. CHARLES THOMAS-STANFORD.
MRS, J. WARDE-ALDAM.
Miss C. K. WHITEHEAD.
FELLOWS (Members of the Council) continued.
(Manorial Stewards' Division.)
FRANK ARMSTRONG, Esq., LL.B.
MAJOR WALTER B. ARUNDEL.
JOHN CECIL ATKINSON, Esq.
E. C. BAYNHAM, Esq.
J. HERBERT BELL, Esq.
THEODORE BELL, Esq.
RICHARD W. BEOR, Esq.
HENRY BIRCH, Esq.
WALTER DE H. BIRCH, Esq.
WILLIAM H. BISHOP, Esq.
H. E. BISHOP, Esq.
MONTAGUE S. BLAKER, Esq., B.A.
G. R. BRIGSTOCK, Esq.
H. B. BROOMHEAD, Esq.
EDWARD BROUGHTON-ROUSE, Esq.,
M.A., LL.D.
WILLIAM D. CANNING, Esq.
W. LOWTHER CARRICK, Esq.
GEORGE COCGINS, Esq.
B. SCOTT CURREY, Esq.
H. E. CURREY, Esq., M.A.
ERNEST R. DAVIES, Esq.
THOMAS W. DAWSON, Esq.
J. A. EDDISON, Esq. (District Registrar
for the West Riding of Yorkshire).
EDWARD C. ELWELL, Esq.
JOHN T. FREER, Esq.
ALFRED H. GARDNER, Esq.
G. GRAHAM-WHITE, Esq.
STAFF-PAYMASTER CHARLES GREEN-
WOOD, R.N.V.R., Commodore's Sec-
retary (Registrar of the Society).
JOHN HILL, Esq.
J. HANBY HOLMES, Esq.
FRANCIS HORNOR, Esq., F.S.I. (District
Registrar for Norfolk).
R. S. HUDSON, Esq.
H. A. HUXTABLE, Esq.
L. C. IVESON, Esq.
JOHN J. JEFFERSON, Esq.
F. C. E. JESSOPP, Esq.
HERBERT W. KNOCKER, Esq. (District
Registrar for Kent).
JOHN C. KNOCKER, Esq.
F. QUEKETT LOUCH, Esq.
ALAN C. MARGETTS, Esq.
W. E. MARTYN, Esq.
FREDERICK MAY, Esq.
W. LOCK MELLERSH, Esq.
VALENTINE MUNN, Esq.
S. T. NICHOLLS, Esq.
JAMES NIGHTINGALE," Esq.
W. J. OLIVER, Esq.
FRANK S. PEARSON, Esq., LL.B.,
F.S.A.
HUGH W. PEARSON, Esq.
E. H. PEDLEY, Esq.
H. J. RANDALL, Esq., LL.B.
R. L. CARYLL ROBERTS, Esq.
THOMAS ROBSON, Esq.
W. B. SELDON, Esq.
H. BYARD SHEPPARD, Esq.
J. OWEN STEED, Esq.
HARMER STEELE, Esq., B.A.
GODFREY TALLENTS, Esq.
A. GRIMWOOD TAYLOR, Esq., M.A.
H. ALFRED THOMAS, Esq.
ROWLAND TICEHURST, Esq.
H. TWEED, Esq.
A. E. WARD, Esq.
EDWARD WATERMAN, Esq.
J. T. WELLDON, Esq., B.A.
E. BERNARD WILSON, Esq.
T. J. WOODROW, Esq., F.S.I.
GEORGE T. E. WRIFORD, Esq.
ARCHIBALD E. YOUNG, Esq.
FELLOWS of the Society, in the Antiquarian Section.
SIR HERBERT B. COHEN, Bart.
EDMUND C. BAYNHAM, Esq.
GEORGE BUCHANNAN, Esq.
ALFRED T. BUTLER, Esq.
COL. CECIL H. COLVIN, D.S.O.
FREDERICK A. CRISP, Esq., F.S.A.
WILLIAM FARRER, Esq., F.S.A., Member
of the Council of the Lancashire and
Cheshire Record Society, and Author
of " The Court Rolls of the Honor of
Clitheroe," etc.
J. CARR FLETCHER, Esq.
FELLOWS of the Society, in the Antiquarian Section continued.
WILLIAM P. GIBBONS, Esq., J.P.
J. SAMUEL GREEN, Esq., M.A.
E. CLIMSON GREENWOOD, Esq.,
M.R.C.S., L.R.C.P.
THE REV. GREVILE M. LIVETT, B.A.,
F.S.A.
WALTER MARCHANT, Esq.
WILLIAM MINET, Esq., J.P., M.A.,
F.S.A., Treasurer of the Society of
Antiquaries.
F. S. MUMFORD, Esq.
PHILIP NORMAN, Esq., LL.D., F.S.A.
MAJOR ROBERT POORS, J.P.
MRS. A. L. RICHARDSON.
COMMANDER T. H. ROBERTS-WRAY,
R.N.V.R.
CHARLES S. ROMANES, Esq., F.S.A.
MRS. WILLIAM G. SLADE, of New York,
U.S.A. (U.S.D. 1812).
COL. FRANCIS R. TWEMLOW, D.S.O.,
Member of the Lancashire and
Cheshire Record Society, etc.
F. U. WALFORD, Esq.
VERNON J. WATNEY, Esq., M.A., J.P.,
F.S.A.
JOHNSTON WATSON, Esq.
And the undermentioned SUBSCRIBING BODIES,
THE BRITISH MUSEUM.
THE BIRMINGHAM PUBLIC LIBRARIES.
THE BODLEIAN LIBRARY, Oxford.
THE CI.ITHEROE ESTATE Co., LTD.
THE CONSTITUTIONAL CLUB.
THE DEVON AND CORNWALL RECORD
SOCIETY.
THE HARVARD UNIVERSITY LIBRARY,
Cambridge, Mass., U.S.A.
THE JOHN RYLANDS LIBRARY, Man-
chester.
THE KENSINGTON PUBLIC LIBRARY.
THE LEEDS CENTRAL PUBLIC LIBRARY.
THE MAIDSTONE PUBLIC LIBRARY.
THB NEWBERRY LIBRARY, Chicago,
U.S. A.
THE NEW ENGLAND HISTORIC GENEA-
LOGICAL SOCIETY, Boston U.S.A.
THE NEW YORK HISTORICAL SOCIETY.
THE NEW YORK PUBLIC LIBRARY.
THE PENNSYLVANIA UNIVERSITY
LIBRARY.
THE REFORM CLUB.
THE SIGNET LIBRARY, Edinburgh.
THE STATE HISTORICAL SOCIETY, Madi-
son, Wise.
THE SOUTH-EASTERN AND CHATHAM
RAILWAY COMPANIES.
THE UNITED STATES OF AMERICA
LIBRARY OF CONGRESS, Washington,
U.S. A.
THE CITY OF WESTMINSTER PUBLIC
LIBRARIES COMMITTEE.
HONORARY FELLOWS.
THE RIGHT REV. AND RIGHT HON. THE
LORD BISHOP OF LONDON, D.D.
THE RIGHT REV. THE LORD BISHOP OF
WINCHESTER, D.D.
THE RIGHT REV. THE LORD BISHOP OF
EXETER, D.D.
THE RIGHT HON. A. J. BALFOUR, P.C.,
M.P.
THE RIGHT HONOURABLE SIR ROBERT
L. BORDEN, P.C., Premier, and Presi-
dent of the Council, Dominion of
Canada.
COMMODORE SIR RICHARD WILLIAMS-
BULKELEY, Bart., R.N.R., C.B.,
Lord-Lieutenant of the County of
Anglesey.
His HONOUR JUDGE A. W. SAVKRY,
M.A., Annapolis, Nova Scotia.
CAPT. W. F. ANNESLEY, M.A.
H. FARNHAM BURKE, Esq., C.V.O.,
F.S.A., Norroy King- of Arms.
LADY EDWARD CECIL (a Lady of Grace
of the Order of St. John of Jerusalem
in England).
V. E. KNOCKER, Esq.
ASSOCIATES of the Society.
WILLIAM A. BROWN, Esq., A.M.I.C.E.
L. HARRIS, Esq.
JOHN HUNT, Esq.
JOHN HUNTER, Esq., A.M.I.C.E.,
F.R.Met.Soc.
R. L. HUNTER, Esq.
WILLIAM J. MERCER, Esq., F.R.Hist.S.
H. C. PLATTS, Esq., A.M.I.C.E.
JOHN C. TINGEY, Esq. M.A., F.S.A.
E. L. WALLIS, Esq., J.P.
MlSS JONE R. WlLLATS.
HONORARY ASSOCIATES.
COMMANDER SIR HARRY MAINWARING,
Bart., R.N.V.R., Lord of the Manor
of Over Peover, Cheshire.
ARTHUR G. DOUGHTY, Esq., C.M.G.,
M.A., Litt.D., F.R.Hist.S., F.R.S.C.,
Archivist to the Dominion of Canada.
J. H. ALLCHIN, Esq., Curator and Lib-
rarian of Maidstone Museum and
Public Library.
G. L. APPERSON, Esq., Editor of the
Antiquary.
COL. F. W. T. ATTREE, F.S.A., late
R.E., Member of the Council of the
Sussex Archaeological Society.
PROFESSOR JAMES F. BALDWIN, Ph.D.,
Vassar College, N.Y., U.S.A.
THB REV. CANON A. J. BEANLANDS,
M.A. (President of the Manor Court
Roll Index Committee of the Manorial
Society).
B. I'ANSON BREACH, Esq. (President of
the Auctioneers' Institute).
J. PENDEREL BRODHURST, Esq., Editor
of the Guardian.
RONALD STEWART-BROWN, Esq., M.A.,
Member of the Lancashire and
Cheshire Historic and Record Socie-
ties, and Author of " The Wapentake
ofWirral."
WILLIAM BROOMHALL, Esq., Editor of
The Country Gentlemen s Estate Book.
C. SOMERS CLARKE, Esq.
Miss FRANCES G. DAVENPORT, Carnegie
Institution, Washington, U.S.A. (Dis-
trict Correspondent).
GEORGE H. DUCKWORTH, Esq.
PROFESSOR EDWIN F. GAY, Harvard
University, U.S.A.
G. D. HARDINGE-TYLER, Esq., M.A.,
F.S.A., Editor of the Archceological
Journal.
H. W. FORSYTH HARWOOD, Esq.,
Editor of the Genealogist.
H. W. HOLMAN, Esq., F.S.A.
FRANCIS J. H. JENKINSON, Esq., M.A.,
Librarian to the University of Cam-
bridge.
Miss ETHEL LEGA-WEEKES, Authoress
of "The Neighbours of North Wyke "
(Devon).
JOHN LEWIS, Esq., C.E., F.S.A.
LEONARD M. MAY, Esq., Member of the
Royal Archaeological Institute, etc.
RALPH NEVILL, Esq. , F. S. A. , F. R. I. B. A.
Member of the Council of the Surrey
Archaeological Society.
HARRY PIERS, Esq., Curator of Provin-
cial Museum and Deputy Keeper of
Public Records of N.S., Nova Scotia
Technical College.
H. W. POOLE, Esq., Clerk to the Bar-
net Urban District Council, etc., and
District Registrar of the Manorial
Society, for the Administrative County
of Herts.
THE REV. O. J. REICHEL, M.A., B.C.L.,
F.S.A., (District Registrar for Devon-
shire).
VERNON H. RENDALL, Esq., Editorofthe
Athen&um and of Notes and Queries.
DR. W. A. SHAW, Litt.D.
GEORGE F. TUDOR SHERWOOD, Esq.,
Editor of the Pedigree Register.
WILLIAM T. VINCENT, Esq., President
of the Woolwich District Antiquarian
Society.
THE PRINCIPAL PUBLICATIONS OF THE SOCIETY.
"LISTS OF MANOR COURT ROLLS IN PRIVATE
HANDS."
Part I. (published August, 1907). Reprinted with
additional matter (January, 1913).
Part II. (published June, 1908).
Part III. (published December, 1910).
"A MANNOR AND COURT BARON," -A copy of a manu-
script of the i6th or i7th century (Harl. MS. 6714), which
had theretofore been unpublished. (May, 1909.)
"THE SPECIAL LAND TENURE BILL OF 1911: A
CRITICAL ANALYSIS," together with a Preface
containing some account of Gavelkind and Borough
English by the Registrar of the Society. By Herbert W.
Knocker, Esq., the Society's District Registrar for Kent.
(May, 1911.)
"A CONCORDANCE OF ALL WRITTEN LAWES
CONCERNING LORDS OF MANNORS," etc., by
William Barlee (1578). December, 1911.
"KENTISH MANORIAL INCIDENTS." By H. W.
Knocker, Esq. (September, 1912.)
"THE ORDER OF KEEPING A COURT LEET AND
COURT BARON." A facsimile reproduction of the 1650
edition, with Introductory Note by the Registrar of the
Society. (May, 1914.)
"THE METHOD OF HOLDING A COURT BARON
WITH VIEW OF FRANK PLEDGE." Reprint of
First Edition A.D. 1510, printed by Wynkyn de Worde
with translation and Introductory Note by the Registrar of
the Society. (Xmas, 1915.)
"RELATION BETWEENE THE LORD OF A
MANNOR AND THE COPPY-HOLDER HIS
TENANT," by Charles Calth rope Copy of First Edition,
A.D. 1635. (September, 1917.)
UNIVERSITY OF CALIFORNIA LIBRARY
Los Angeles
This book is DUE on the last date stamped below.
Form L9-Series 4939
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