an< ^ , O Mi* Sacred LONDON: ^S8 iruiuca oy R o » e r. t darker.. Printer t& •§§§ . the Kings mod Excellent Majeftie: And by <|P§ the Affignes of John Bile. MDCXLII. 'M £$$ *SF ?§5^' S [ Humble |]S ~0T — - TheG&NTRY, Ministers, an others of the Counties of Cumberland and Weflmerland , to His Sacred M a i e s t iR ; COPYHOLDER Wherein is contained a Learned difcourfe of the An- tiquity and Nature of Manors and COF2 "-HOLDS. With all things thereto Incident ? Neceflary, both for the L Wand Tenant. ogether, with the torme of keeping a Copy hold Court , and Court-Baron. b fONDOJV, Printed fet Matthew Wtibatfck. and Richard Surrenders. Y Forfeitures. v CuHomes . &c- To the Reader. His Copie comming to my hands y peru^ fed y and Teyeren' ced by men Lear - neb in the Lowes, f thought mofl worthy of Tublu cation. The very name of the: oompofer, who hath beene an Ornament to our Kingdom e , is 'nough to give itfufficient author ttiSy and indeere it to every wife pinion. Tut the profit which doth Wendy is mojl conjiderable , it be - A z ing Toil ie Reader i in?afub\e r d fo m*tetiall,declaring S Untimtie of Manors and Copiholds ; and Witten for the .J of Lords and Tenants ; "and by confequence of all men : H cannot but receive a becommm » entertainment* the confidence of ibis truth , I ref erreit toalltu- dicious perufallpot a little congra- minting my ome bappineffe, to have beene an inftrument of bring- i„o fo excellent a piece from ok fern tie, for the benefit of the Com- mon -wealth, C( taiiia (0 MANORS AND COPY-HOLDS. in 0 [ «,l k P lt(l ,o Section I. Hough a Manor and Copy- hold have fucn mutuall re- Ipeft. and red pro- call reference one to the other, as that they are al- moft in nature of Relatives ; yet the knowledge of the ond cannot be' at- tained unto , unlefle the fenfe of the other be truly apprehended : fora Manor is as the body, and copyholds certaine member's of thisbody.In this Treatifc I will difcotirfcofthemfcve- rally, and begin with thb Maiior it B felft (» felfe efpcdally, when common reafon teacheth us , that totum magit iBufirat partes, quit* psrtts a lifts ijlufirant to. turn. Sec. II. T te1vSWx0«(who held E ngl* fubje&io immediately befror gland in | jore the comming of the Normans') were unac- quainted with thcfe Manors, yet in ef- fcft they had Manors in thofe daies in circumftance,peradventure fomething varying in fubftance, furely nothing difLringfrom ouruunors at t his day: they wanted neither deniefties nor fervices , the two materiall caufes of a Fnlbeck in his Manor,as Fulbet ^terraeth them: their fourth Deca- J enie fncs they termed Inlands, beratile logllC- the Lords kept them in their owne hands, and enjoyed them in their own poffeflton ; their fervices they termed Utlan ;s,becaufe thofe Lands were in the nnnurance and occupation of cet- taine Tenants, who in confederation of. the profits arifing out of thefe lands, were bound to performe unto their Lords, certaine duties and fervi- ce*? ( 3 ) fe ceS: their demelhes were of two forts* & their fervices likewile were of two l!f forts. sec. in. / A O N E fort or their Demelhes was termed Bockland , becaufe they Wi pafled by booke,and they in effcft dif- wi fcred nothing front our Freehold « lands at this day; tW l« cite Sfec. IV, )ik liiil si ns npH E other fort of their Demelhes ifeoi _| was termed Folklands , becaule ictki they palled by Polls,and were claimed caul and challenged by the Tenants j not : me by any i durance in writings, but only (jut by the month of the people, Per vocem Id®* popteli 5 and they in efTeft differed in sreteii nothing from Copyhold I ands at this iota day. d#i» S E V. ftte tieut '"T'Onching their Services.one fort oJfcfi I. of their Services were Scrvitia li- es . B 2 btrj, or in P tender gs where the Lord re(er- ved three (hillings , and foure loads of Eftovers for fucll to be taken yearcly in his Tenants grounds. SVcl VI. T H E other fort of Services, weie ServitiavtUana , which confided altogether io Feafance , as to fcoure the Lords ditches , to tile his houfes, to thatch his barnesjor fuch like. Sec. VII A ND in the refervation of thefe Services,the Lords had a fpeciall refpeft unto the quality of the Land : Did they transferre their Bocklands, hoc «/I,F ree-hold Lands, they would never refet've Villeine Services $ did M 1 | u rf i b sot i] i® ifd OR lis, lei :il inisi oiilJ & C5> they transferee their Kolk-I and*. lot r/LCopyhbld Lands,they%ouId neveir relerve free Send ces-but mft ; they iuir- ed their Services according to the na- ture of the Land. The realon I gather was this, in thoie dayes done but rijen of good accounc ana Reckoning en- joyed the (aid Bock-iafici^ , whereas Holblatids ‘were in the hands of men of meaner tort & condition: and ther- fore had not the Lords care beenex- traordinkry in reserving apt Service, . t . they fliould have nnicti wronged their e^t:arion of Tenants; aud thus much Lambert ve- the rifieth, faying. Terra exjeriptofuit In- Terra txjcrifttn, reditaria, libera^ atque immutns : terra verb fine fit ipto ojficiorum quadam fervi- tutefiiif obligata: prwrem plemmque no- biles atque ingen tsi , poflerio/cm verb ru- fiici fieri & P agani pnjfidebant. Lambert ternaeth thefe BocklandsjTfrr^ liber as atque immums , non quod ab omnibus firvititi Jutmm Ultra mttmtmnes , fed quod tenant ei ipfi fitment libari &■ firvi- tiU tan turn liber is onerali. But I much wonder , why this Bockland doth to this day rfitaine the name of Freehold land, ii the nee time hath bred fiich an alteratidn.thac in the point of Service, B 3 a man oo a man can fcarce difcerne any diffe- rence becweene F reebold Lands and Copyhold Lands.The favorable hand of time hath fb infranchifed thefe Copyholders,that whereas in the So- xms time, their Services did confift wholly in Feafance ; now they confift in Render, in U r er , and in Prcnder, as Free-holders Services did in thofe dayes. And cm the oth<.r fide, time hath dealt fb unfavorably with Free- holders, and hath fo abridged them of their former freedoipe, that if you compare the Service of the Freehold- ers with the Service of the Copyhold- ers, Senties kune potiui quam ilium fort liberum. How many Freeholders are there at this day , charged with bafe Services? as many J doubt not, as there are Copyholders. No marvell then that many able men turne Copy- holders, and many Pezants turn Free- holders; no marvel 1 , I fay, that men ofall forts apd conditions, promifeu- oufly, both Freeholders and Copy- holders, fi thence there is fuchfhiall refpeft had unto the quality of the Land in the refervation of our Servi- ces. Yet obferve, I pray, though time ( 7 ) hath fo infranchiled thefe Copyhold- ers, that they have in a manner thaken off all villaine Service, yet they ruain a badge of their former bondage, for they remains dill fubjeft to their Lords will; therefore at this day they are termed Tenants at wiil : But with F reehplders otherwile it is ; for they are not in that fubjeftion to their Lords : peradventure in this refpeft only Bocklands may be termed Free- hold Lands , and Folkland Villaine Lands: and yet time hath dealt very favorably with Copyholders in this point of Will , as well as in the point of Service, Sec. VIII. F O R,as I conje&ure.in the Saxons traCUib 4- time } fure I am , in the Nymans, time, thole Copy holders w ere fo larre ^ fubjett to the Lords will , that eorum ca j,^\ m tttientes tcmpeJUvc & intemp ejliic pro voluntate Domini pojjent refumi & revo - cari , as Bratton and Flet* both fpeake: The Lords upon the leaft occafion 3 (ometinies without any colour of rea- (b n , onely upon difcomentment and B 4 malice; (8) malice } fometimes asairte upon (ome fudden fantaftick humour, onelyilo make evident to the world the height of their power and authority , would expell out of houfe and home their poore Copyholders, leaving them helpelefle and remedilefle by any courfe of Law, and driving them to foe by way of petition. Sec. IX. / 1 r T> U T now Copyholders (land up- XJon a fore ground, now they weigh not their Lords difpleafore;they ftake not ac every fuddaine blaft of winde, they eate, drinke, and fleepe fecurely, onely having a fpeciall care of the main-chance (viz.y to performe care- fully what duties and fervices foever their Tenure doth exact, & Cuftome doth requirejthen let the Lord frown, the copyholder cares not, knowing hinrfelfe (afe,and not within any dan- ger: for if the Lords anger grow to ex- pul fion, the Law hath provided feve- rall weapons of remedy; for it is at his elefhon, either to foe a Sub p£na, or an a&ion of Trefpafle againft the Lord id t'i4i B ¥ ins m foe tftei tit! k tit tit * A ft n I (?) « Lord.Time hath dealt very favorably Ijfo with copyholders in divers relpe&s. tfe Sec. X. tic ti| T> U T I perceive my (elfe ralhly l* 1) running into an inextricable La- byrinth,! will therfore (ail no longer in thefe unkown coafts , but will ha- ften homewards, I will content myfelf with this.I know amongft the Saxons iduj the eflentiall parts of , a Manor were TO know n j bu t whether there then were flat the lame form of Manors which is at lini this day , that I dare not examine, for urely, feare of being accounted more curi- oftk ous than judicious, and therefore lea- cut- ving the Saxons , I draw fomewhac k« nearer home, and come to the Nor- lome mans , from whom we had the very own, form of Manors which is obferved a- mongft us at this prelent houre. ooc- fcffr is at w, Itk d Sec. XL I Confefle indeed, that fithence the Originall creation of Manors, time hath (io) hath brought in fo'tne innovations and alterations, as in giving a large free- dome unto Copyholders, both in the nature’of their fervice,andin the man- ner of theirTcnure. Yet I may boldly fay, that the fell-fame form of Manors remain unaltered in fubflance, though femthing altered in circumftance.De' mdhe termed in Latine Demaniti Ve- maniuoiDemitiicujs taken in a double fenle, proprit & imp r opr it. Yroprie , for cbvphimtH dt that Land which is in the Kings owne VojnauiofYvntt ^^nds 5 3nd the faith * that lib.i. Domanium tfl iUud quod confect a turn unilurn , dtincorporatnmefl regia Coro- 1 r take Domanium in this fenfe , and then ' ou exclude all common per- sons from being feiled in Dominico : for admit the King pafle over the De- mesne Lan ds , as foone as they come into a common perfons hands , dtfinmt tjfe terra Dominic Acs j for though the Kings Pattcntee hath the land gran- ted to him, and -to his Heires, yec cornming from the King mufl necet far ily be holdcn of the King, it is con- ' trary to the nature of Detnefne Lands to be holden of any;therefore though thofe lands which are commonly ter- med *> me d ancient Demefne, viz. fuch lands *■ as w ere qttond. in the hands of Ed. the & conftJT. may properly be termed gene- rally ancietDeme(h,becau(e they were in ancient timein the Kings own pot w fedion , yet to t erme them at th is day i the Lords Demefnes, or the Tenants •Df Demefnes being fevered from the h Crown is improper cj. qu^fufer. uble 1 i* Sec. XII. tk m ^-p^Hen by this it appeareth that jn | thoie land s are termed ,»«/>» opnc , an Demc(he,which are in the hards of an jo inferiour Lord or Tenant , nor can >:t« (uch a one in propriety of (peech bee [)(• faid to {land fcifed of any Land what- orae foever in Dominica fuo , but it you ob- (iKni (erve narrowly the manner of plea* aiht dings , the words are ufed in a pro- itai' per (enfe , for you (hall never findc pfi that an inferiour Lord or Tenant," ill rf plead that he is (imply feized in Domi- :on- tiico , but fti 11 with this addition , n mds Vomini o fuo ut de ftodo , and that very ug)i aptly /orchis word Fee implieth thus ter- much, thathiseftateisnotabfolute, Bra H* lib . 4. numb*)* but depending upon Corns fuperiour Lord : therefore I conclude with the Feudijis , that a common perlon may aptly be laid to Hand ieiled in Feodo, or in Oominico fuo ut dc food. but im- properly in Domiriico Ci mply ; the King iconvcrfo may properly bee faid to ifand leiled Domitiico limply } but in Feodi improperly , or in Domimco fud ut de feodo. BraEton divideth thele Demelhe Lands into two branches; under the firft are comprehended thole Lands which the Lord injoycch in his own pofleflion ; under thele- cond, thole Lauds which areinthc hands of the inferior Copyholders: His words are thele , Dominicum di . citur quod quit hibet ad mnfam fuam & idcirco ts fnglkt vucat.Bordland • dicitur etiam Dominicum villiriagium quod traditur villanii , quod quit tern- pefthe & mnmpefiive refuritere potfit , pro zoluntatt fua S revocart. Sec. XIII.- F Leta agreeth with BraUon in this divifion, and unto thele two he addesmore forts of Demelhe Lands: t * His [ ftw diifl pieiu \ cfltoi- mfre c iri } h mr m i !/" Mt cm P m fit tH\ Ti 3r H« Words arc thde ; D ominicnm ejt v. multiplex ; efi autem Dommictim pro- is jt’J'tc fern* tnettfam afiizpata & villi- ~' 1 ■ nagium , traditur viUauir ad tx- jj,' cokndum , f tempefiive, & mtempefii- ~ t/epro voluntate Domini, & poterit revo- cari 3 ficut efi.de terra commiffa teneud. M quam diu commi fieri placuerit : poterit , ffrdici deminiettm de quo quit baht li- . hrum tenementum aliter curam de cu- jj, fiodeJici potent & cur at ore quorum U- .... mts dtcitur ab horxhu, alius in jure,Do- u mink um etUm dicitur ad diferentiam efi ejw quod tetietur- inf ervitio. Domini- ^ cum (Unique efi omne iHud tenementum de quo anted for obiit fefitut , nec refert , \ cum ufu f rutlu vel fine 3 &dc quo ft e- - 1 jeSur efiet recuperare pofiit per ajfifant note defeijme licet alitu haberet ufum ", ' fru8um % (icut dtei poterit de iUii qui te- neut in villenagio^qui utuntur dr fruuti- ' tur non nomine proprio fed nomine domi- * nifui. ' ■ Sec. XIV. ^T^His opinion cfRrafton and Fleta , JL both contenting in one,tbat O- V pyhold Land is parccll of the Lords ^ demelhes Si '-d demefnes, wanteth not modern au- thority to fecondit , for I tliz. in theE xcheq. 1 findc it adjudged in the cafe cf a common perfon,howfoever it is otherwil in the Kings cafe; That if the Lord of a Manor gfateth away om- nts terras Jhm dominie alt /• the Copy- holds parcell of Manors pafle by thefe general words ; ndther doth this watit Reafon to confirme it ; for in the time of Henry the 3. and £. 2. when Bra 8 . and Fleta lived, Copyholders were accompted meer Tenants at will ,and therefore after afore their Lands repu- ted to continue ftill in the Lords hands and now , though cuftcme hath affor- ded them a furcr foundation to build upon , yet the Franck Tenement at tne common law, refling in the Lord, it can be no flrange thing to place their lands under the ranke of the Lords demefhc s. But to deliver my minde more freely in this point, I thinke that howfoever , according to the ftrift rules of Law , thefe Copy- holders are parcell of Lands demefnes, yet in propriety of fpeech (if proprie- ty can be in impropriety ) they are more aptly called the: Copyholders demefnes Os) j. siemelhes; f^r though the Frank te- la nemenc be in theLord by the common lit Law , yet by the cuftome the inhe- iti ritancc abidetb in the Copyholders ; jti 1 and it is not denied , if a Copyholder j# be impleaded in making title to his Copyhold, he may juftly plead, quod tfl JiiJlttM Dominica fuo , with this addi- ut tion yfcimdum conjuttudintm Manerii. ■tit Therefore I conclude, that howfoever tf,it the common Law valtieth the title of iK: the Copyholder , yet he hath fitch an || jj tntereft confirmed unto him by Cu- ;f r ftome, that the Lord having no power bn to refume his Lands at his own plea- ia | fure , they are ( though improperly ) „y called ( yet perad venture truly ac- m , counted) the 1 ordsdcmelhes^ad that In the eye of the world} howfoever it ip | ac be in the eye of the Law , that thtfe „{ j, Lands alone can properly challenge Krir the name ot the Lords demefnes(if any ^ j Lands in the pofleflion of inferior Lords, may properly challenge that , name) which the Lord referveth in his own hands, for the maintenance of his owne Boord or Table; be it his wade 1C L ground, his arable ground,his pafture ijjj' ground, or his medow ; be it his Co- «f» w hold pyhold which he hath by efcheat , by forfeiture, or by purchalej or be it any part of his Freehold-Land, of which Imuft fpeake a word by the way , not to prove that it is dcmefne,for, mani- fejia probative non indigent* , but to ftiew you in what (enfe it is taken, and how farre it extendeth. Sec. XV. A Freehold is taken in a double fenle ; cither ’tis named a Free- hold i n refpe& of the ftate of the land, or in refpeft of the ftate of the Law. S e c. XVI. I N relpeft of the ftate of the Land, Copyholders may be F reehold- er$;for any that hath any eftate for his life, or any greater eftate in any Land whatlbever, may in this denfe be ter- med a Freeholder. Sec. XVII. I N refpe&of the ftate of the Law 5 and fo it isoppofed to Copyhold- ders (* 3 ) «r *, that what Land foeveris not Co pyhoJd, is Freehold: and in this fenfc I ; take throughout this Difcourfe. (ft A Sec. XVIII. T H E name of Freeholders exten- deth not only unto Lands held » P cr fervitium militart , as it did by the mi ancient lawes of Setts ,amongft w horn r, Freeholders were knowne by the name of tmlitts : but it reacheth like* wife to Lands holden per firvitiu Soct, whether in Itbtro Socagie, or in viJlaao md, Socagio. Liberum Socagiumis, where )! J. any Tenant holds of any Lord by pay- ing yearely a certain Gimme of money Ji in lieu of tillage, and fuch like fervi- ( ia. ces, and not by efeuage; and this is ter- med fometimes, common Socage. Socagium villsrtum is where the an- cient fervices of carrying the Lords dung into the fields , of plowing his aw; ground at certainedayes, of plafhing old- his hedges; and filch are not turned in- to to money.but reraaine ftill unaltered; b and and if you doubt that fitch Land as is held per villanum Socagium , cannot come within the compafle of F reehold Land: for your fatisfa&ion, read Bra. 5m y lib. 2 . cap. §. num.S. Hattwtu dt primo Jefitn&ionii membto $ ai (ecundum properemM,& pauca cU Jervitiie Domim debit ii pertraUemw . Services in individuo are manifold, in fpecit threefold, i. Corporall fer- vices. 2. Annuall fervices, 3. Acci- dental! fervices. Corporal fervices are of two (ortsj fervices ofSubmiffion, fervices of Pro- fit- Sec. XIX. S Ervices of Submiflion are Homage and Fealty, which are certaine ce- remonies ufed among tenants, where- by they fubmit themfelves unto their Lords, and binde themfelves by folcmn cath , or by faithfull promife , from that day forward to become the Lords men for life ^ for member , for terrene honour , or ad minimum y to- owe unto him faith , for the Lands Which they hold of him, Both thefe Cere- Crew we iodbo low am ko imnd the! id. m injfei ioloii It™ noil nan! ' nwnf iii Ceremonies are ufcd at the firften- Mt trance or admittance of any Tenant* *14 and both tend to one end , viz. to in- h force every Tenant to acknowledge *i andconfcfle himfclfe Tenant unto his immediate Lord : Yet they differ in « many material! points. Sec. XX. illfr. . . to TN Reyard of their feverall manner J of performance: For, in doing fcal- forts ty the Tenant taketh a folemn oath; in doing homage onlygiveth hisfaith- fullpromUe: and thence it is, that fe- alty is accounted the more facred fer- yice , though homage be the more humble fervicc, and performed with wagefarre greater reverence than fealty in meet many refpe&s : For in doing homage, «\w the Tenant kneeleth ; in doing fealty iOtleihe ftandech: in doing homage, the Te- /olownant muftremaine uncovered; in do- , framing fealcy , he may remaine covered • ie thein doing homage, the Lord kifleth his i, foiTenantjin doing fealty, he kifle.h him «j, ttrtot. Laltly,in doing homage, the Te- Laninant promifech to become the Lords h thee man for life, for member, and terrene Cere-s b 2 honour; (i<5) honor ; in doing fealty he only 'five* wth to become the Lords faithful! Tenant: the reafbn of this difference I learn tobe this; becaufe homage e- (pecully eoncerneth fervice in wane, and properly appertained unto Knights fervice;but fealty chiefly con- cerned fervice at home, and properly to Socage tenure ; and though now ’tis held , that a Tenant by Socage may doe homage, and that homage tx fi raaketh Socage Tenure, and not Knights fervicejyet originally homage was invented for Tenant* by Knights fervke , and fuch as were bound by their tenure to attend their Lords in the warres; but fealty waj primarily deviled for Tenants in So- cage, and fuch as were bound by their tenure to manure the Lords ground, and carefully to difcharge all rurall affaires : And this agreed with the ancien c Lawes in Scotland • for among them none were accounted Freehold- ers but only Tenants by Knights fer- vice j and confequently , none but they could doe homage : and there- fore marvell not why in doing Homage > the Tenant proraifeth Lords j. prior aodth iscap: ttel Keen l. In bunt) to iloids ■JT fete thattt Cop! tag. neit idjx< is IE re* ROC (17) to become the Lords man for life , foi member, for terrene honor , in doing fealty he only fweareth to become the Lords faithf ull Tenant. ^ 2. They differ in regard of the B perfbns to w hom they are performed I and that two wayes. 1 .In refpeft none L, is capable of receiving homage, but ” the Lord in perfomBut theLords Ste- ieiii Warc ^ or his Bayliffe is capable to receive fealty in the Lords behalfe. . ' 2. In refpeft that a Lords who hath ® but atieftatefor his life in his Seigni- ^ ory cannot receive homage, but fuch * a Lord may receive fealty. Vf 3 They differ in regard of the per- I fens to whom they are performed, and ; that two waies. t. In refpeft that no Copyholder is capable of doing ho- ? ® mage , but he is of doing fealty , wit- toul neue common experience, a. In ■ ^ refpeft that aTenant for life or yeers, nl is unable to doe homage, fortisa * groun d in law , that none can doe ho- "yiftage but Tenant in feefimple, or ™ s [ad minimum Tenant in tayle. Jkala nd rortty 5 •H-7* The Juftices of the Com: mon Place, i o H.tf.held, that LeflTee for yeers cannot doe fealty. PEni Utenc theCo injo]r witt B UT Tenants for lifeoryeer*, j are both able to doe fealty, accor- 1 ding to Littleton f rule, that fealties ate incident to every tenure, except te- nures in Franck-almoigne , and Te- nants at will, contrary to iome erro- nious opinions : they differ in regard that homage can be but once done unto one Lord by the lame Tenant; rT and therefore ’cis agreed', that if Land [ dilcend unto me , which is holden of J. S. by homage , and I doe unto him homage, and after other Land di« fcendeth unto me by another Ance* ftor, which is holden of the fame Lord by homage, I Hull not doe homage againe, but fealty on!y,becaufe I can- not twice become the Lords man; but I ID jlf m lords? tote And t vices. Ac the felfe-fame Tenant may feverall I / Iwel/f. times doe fealty unto the felf-fanie Lord ; and therefore if a Copyholder lurrendreth White-acre unto me , for. IT’ ! his White-acre I fhould doe fealty unto the Lord. If after another far- rendreth unto me Black-acre , I fljall doe fealty likewife unto the fame Lord. Will I will- d9) Lord. And thus much for fervlces of Submiflion. J Sec. XXII I "I 1 QErvices of profits are of two forts* Jj Otending to the publique profit of ^ the Common wealejas when the Lord ' in/oyncth his Tenant to amend high waieSj torepaire decayed bridges, or ** fimilia . 2 . Tending to the private ^'profit of the Lordjas where the Tenant ,js injoyned tojbe the Lords Carver* ™ButIer,or Brewer, or is tied to pail the Xords Parks, to tyle the Lords houfes, \ V thatch the Lords Barns,and fimilia. ^And thus much for corporall fer- K vices- KHU| ela Annuall fervices are in number in- jSntte, in nature all one , for they all *’ .end to the increafe of the Lords Cof- ®’ r ers,and are referved in' their dutiessas ".fivellfor Copyhold land , as freehold and ; though in the Saxons time, and M / long after the Conqudl , t!iey were 1 ^lever, or feldoifie referved for Copy- “| r poId land, but only for freehold land. * t will not enumerate l will not emimerate many par “Ws of annual! fervices , for that Lor! larticu- twere C a ( 20 ) its endlefle , as numbring thefands of the Sea ; only this I fay, that thofe an- nual! fervices which here come with- in the compafle of my meaning , con- fiftin Render, noneinFeafance, for thofe annnall fervices* as well as accidental! fervices , which confift in Feafance,I comprehend under corpo- rall fervices ; thus leaving both cor- po rail fervices and annual! , I bend my courfe towards accidentall fervi- ces , which before I begin to parti- cularize, obfervethefe two things by the way: i That accidentall fervicesjdiffer from corporall and annuall fervices in this; that mod accidentall fervices are incident to the fee, 8 c are due without fpeciall refer vation of the Lord ; but mod corporall fervices , and all annu- all fervices are due upon fpeciall re- fervation , and are not incident unto the Fee. 2 That fervice is taken in a double fenfe, in flriShori Jen/it t and in latitti ftnfn ; In Jlri&im Jtnfu , and in that fenfe the Feudijls define t Jervitiumfore mumti obftquii client ekr is , &c. that duty which the Tenant oweth unto ILa arpc to j»,i to leifo fenfe Tthic mi on; of i tod The tli fc i 5 3 Not par, (31 ) his Lord , either in performing fome 0 corporall fun&ion, or in difcharging fy fome annuall payment* In latiori fin- '' /«, and to it fignifieth any duty what- foever accruing unto the Lord , by 'V reafon of his Seigniorie; and in this fonfe, accidental! (er vices following 1 which prima facie , may foeni better to f; ranke under the title of jufdiftions, ' or rather under the name of the fruits 1 , 1 of a Manor}imy very fitly be reduced £l to thefo kinde of fervices. >j® The fervices I ayme at, and Me which I mean to treat of par- iktsi ticularly in this place are thele icest following ; A 'll;- i Wardjhips. 4 Amerciaments. Hate 2 Herriots. <> Forfeitures. CUil 3 Reliefes. 6 Efcbeates. Now touching every one of thele a- , 1 part, and firft with Wardfiips. Sbc. XXIII. 9k* TT J Arfhipp. efi cuflodia heredie in - V V fraatatem exifienttt. Polidore C 3 Virfft ( 23 ) Virgil faith, that this was novi veffiga- Us genus excogitatum, tobelpe. Hen. 3 . being opprefled with jmuch poverty, by teafoti he received the Kingdoms greatly wafted by wanes olhisjAnce- ftors, and therefore needing extraor- dinary helpe to uphold his eftate, the u/e qf Wardlhips was let abroach. But the 33. Chapter of the grand Cu- ftoruary maketh mention of this to have been ufed among the Normmi , immediatly. after theereftion of Ma- nors , and that theuleofWardlhips Tktti lib. j.f.j, vvas on f aot before f/.the thirds time, asappeareth manifcftly by Glam ill, who writeth very largely in many places in his Book 5 and lived in H. the feconds time. Guardians are either termed Cxflodes , or Cur.itorer.Cujh- des k Lige, Cur at ores ab bomine , as Flets fpeaketh. The Civillians make three lores of Gnardims ,i.Tut*r tefiamenta • rim. 2 -b. lttor a Protore datus. %.Tutot tegitimui. This in every point agreed with our Common Law , Co we have '1'tttorem t eji ament aritem,- -viz. where a man poflefted of certain goods and chattels de&ileth thefe unto his childe and wirhalf, comtnitteth the care of his p his childes body, and difpofition of h*s '•3 fubflance unto feme friend , this com- mitee is Tutor tejhttntntariw , unto whom belongeth the care and cufto- N dy of the childes body, and the difpo- t® fition of his fubflance , untill he ac- «,» complilh the full age of fourteen yeers ror and then immediatly he fliall be out of dO Ward for his body, but his goods thin may be kept longer , for as for them m they (hall remain in the truftees hands oftt (o many yeers as the Teftator appoin- * ted by his laft Will and Teflamentr iii 1 ; for though it be not in the Fathers power to reftrain the liberty of his m childes body longer then to the age of H.tb 1 4. yet the difpofing of his good s he eitte may commit to any , for as long time :C»f as himfelfe (hall thinke expedient : So s « bythe Stat.32. and 34H/8. Ifaman ethr be feifed of Socage Lands, not holden m oftheKing in Capite, he may by his ih laft Will arid Teftament commit ths ; ,'c ordering of Theoglands , to w bat ichai friend foever, for as many years as vbs fliall feemmoft convenient , and that idsJi ftienAisTutorTeJijMentariw: otbcr- wi(e it is of lands holden by Kinghts caiti (ervice ; for- it is not in any mans t- C 4 P 0WCr ( 24 ) Power by hislaft Will andTeftament, to deprive the Lord of that duty which, dejure, belongeth to him, and therefore if a Copyholder dieth , his Heire under under the age of fourteen (in regard that this priviledge of ap- pointing the heires a Guardian for their Copyholde land) untill be ac. complilh the age of fourteen, dejure, appertaineth unto the Lord. Itfeem- eth that the Father cannot prejudice the Lord in this kinde, by appointing him another Guardian by his laft Will and Tefiament; hxc de Tut ore tefiamentario. 2. We have Tutorem a Vre'ore datum , viz. where a man devi- feth goods unto his childe,&: appoin- techhim not a Guardian, then it is in the Ordinaries hand to commit the ordering of the Infants goods unto (onie trufty friend , unto the age of fourteen ; at what time the Infant him- felt' may choofe a Guardian : for it is a rule in the Civijl Law , Invito curator non ditur , and this Commitee eft Tu- tor a Protore datui. Thele Guardians termed amongft the Civilians , Tuto- res d Protore dati, are commonly cal- led Guardians, pur nurture $ and thus in r« an k)t ton m and Ci ns k pai P CI wdet fiopuf fuerit 5 violently Domino- ! m ru* 1 refifiere, du m tamen parati fnnt Re~ 1OT a n a ntro ji rv i t i a i n def acere • ^ with this agreeth the definition of Hotoman Com . iUjn jj ot oman^Reliviitnufi honorarium quod verba . wgttur quafi marte ufuali altius zel alio 1 * quo cafu fiodii ctciderit quod jam a no- wc vofebltvaittr, Tliis reliefe by the an- 1,: ' cient r Zratt'lib.i. t&f. 86 . (3*)! dent Civill Law was termed Introt- tin- and Vincentius termeth it Praflate- tionemfcajolutionemfj&am pro cenfir- mationtfeu renovatione pojfejjionii , and that very aptly : for indeed Reliefe is the key, which opens the gate to give the heire free paflage to the poflellion of his inheritance. Bratton giveth this reafon why it is called a Reliefe, Quiz bee reditu qua jacttis fttit per an- teeejjorit decejfttm , Releviatur in manta btredif& propter fattnm relevationem faciend.erit ab hxrede quxdam prxjlatio figmmftit. Re- * nia gi net ^ that it taketh his name, a qu£ dicitur Reltvium. Skene fondly liefe, ■fll > relev undo , in another fence ; for faith he, Reliefe is given by the Tenant or ValTall, being ofperfett age, after the expiring of the Wardfhip, to the Lord, of whom he held his Land by Knights fervice, it is by Ward and Reliefe, and by payment thereof he relieves, and as it were , raifeth up a- gain his lands after they were fallen downe into his fuperiors hands , by reafon of Wardfhip. But thefe words of Glanvil will ferveto convince him GlanvMb. 9. of error 5 Tandem vero eodem ad &ta- tcmpervcniente y & 1 pitta ei hxnditatii refli- cap.9 ( 33 ) ni. rtftitutionc quietut mt a Reliviaratiotfi j% cujlodU : This Reliefe is twofold, wfy Firft, Reliefe Service. Second, Re- «,t liefe Cuftome : Reliefe Service, is ttj that which is paid upon the death of :top any Free-bolder. Reliefe Cuftome, olid is that which is paid upon the death, in i;’ change, or alienation of any Free- il hold, according to the Cuftome of the place, in many places halfea yeeres RH profit, in many places a whole yeeres hi- profit, and therefore where Bratton /r ? r *ft* re debet qui ac quint. Thefe ,1,: Reliefesare paid, as well for lands id [jholden in Soccage, as lands holden by ^Knights fervice: for lands holden in 1(1 ..Soccage in this manner ; If a Tenant ^•(in Soccage die, his heire above the age of fourteene , then (hall the heire . ' double the Rent that his Anccftors j. [was wont to pay to the Lord, as if „’fie Tenant holdeth ofhis Lord by fe- efc alty,ancl ® ve fljilllngs % then Ihall the j^heire double the R ent , and (h ill pay liui ten firilhngSjtiiz. five ftiillings in the name of a Reliefe, over and above the D five ( 34 ) ^ five (hillings, which he payeth for his Rent. For lands holden by Knights fervice in this manner; if a Tenant by Knights fervice dieth,his heire of full 21. if he holdetb by an intire Knights Fee, he payeth five pound, if by halfe a Knights Fee , then he payeth fifty [hillings , if by a quarter of a Knights Fee, he payeth twenty five (hillings, and (o proportionably, who Co hoi- dethmore, payeth more, and who holdeth leffc, payeth leffe; yet for the fuller apprehenfion of ehe quantity of a Relxefe ; let us examine what a Knights Fee fignifietb. A Knights Fee, is fo much land as in ancient time was accounted a fufficient living for a Knight, but whether this was rated according to the quantitie, or accor* ding to the value , Caujidici cert ant, & adbuc fxbjudice lie eft. Some hold accordingto the quantity, and that according to the feverall computati- ons uled in feverall places. A Knights Fee was either more or lefle ; as in the Dutchieof Lane after : a Knights Fee contained fourebydesofland, every hyde four carnes of land , every came foureyard lands, every yard thirty acres; and every Knights Fee 1920. acres. it!' Act gins, aft jut accord tfoifW land, eftry wrfjardli ««i! If andt """pm, it acres. According to other computa- tions , a Knights Fee contained, 680. But according to mod computations, a Knights Fee contained five hides of , t -,4 ,and > ever y hide fcure yard lands , e- , iiffibepnahi vcr 7 y ard ^ and 2 4 * acres, according to |ifiwto[ifij which corporation, a Knights; Fee bajkii!: containcd 4 So - acres : fo that accor- MMofod ,n S 10 revcra11 computations , a , Fee was raore or lefle. Others ; ^°^ d 3 that a Knights Fee was meafii- red according to the quality, not ac- cording to the quantity; according to value, not according to the J MiU contenttand among d the(e,fome hold ix\\vu%v V •- — - f «««•*« ktewnf an ™ m made a Knights Fee; and tit a if :F,ereFore 3 Camden faith , that , Sub JL ,j; xanums terrarttm redditibtu collfca. py* : mt i and out of Matthew Paris , he SffinAt*. that anno, 125 6 . E xiudi&um '7ir. k e &' Hm pW'PumqHe eft&atclamatu ter u ■A r -' ofl/m ngnnmut qui baberet \ 6 .libratM ■ ; jKnig >m-«e fffJkpradiU. armis redimitus tiroci - y M dm*retur y ut Anglia, jiatt Italia mi- ■» m ]y ia nboraretttr , & qui mUent , vtlqtti spit [ wnpojfuntbonvrtm ft attu milk arts jk- ,ksFee,f ' " D 2 ftmrc ( 36 ) fiture ptcunia feredimerent .others hold that cenftis equtjlris , was forty pound Smith, dt rep. KV ennue in Freehold land: and of this 1 > 3 i > i J« opinion is Sir Thomas Smith : otherj held, that cenf ut equeftris, was twenty pound revennue ; and this opinion is confirmed by many authorities , and reafons cited in Anth. Lowes Cafe, by an ancient Treatife, de me do tetunii par li amentum tempore Regis Edward fil'd Ethtldred , where it appeareth, quod coniftattts conjlabatex vigintifeo- its unites militis quolibet feodo compute to ad zigirji libratas. Baronin confab at , ex cj. itt feodif ac tertia parte unittt feodi militis ftcundum computationem pn . diet annum feodum militis confiabattx ttrrit advalenthm 20. //.and therefore where the Statute of Ed. 2.demiliti- bue\ providech that a Knights living (hall be meafured by the value ot twenty pound per annum $ this is but an affirmance of the Common law. 2. Fitch, nat. Brt- This is ftrengthened by the wordsof v'mmfo. 6 %. the S ta t.of W. 1 .cap. and by Fhd.this leemeth lomething pregnant , for in both thefe places; Soccage land to the value of 20.pound/wr <*«»«, are put in equipage with a Knights Fee. 3. In a Writ TM tone! Fee,ii »£ Qlt',1 accord acres ^ to the out than; ®U phees^ ( 37 ) i\\o\ Writ of mefiie, brought per KamU ^ phum de Normanvile petentem verfUr Luciam de Kyme tenmttm T, 3, E, 1. appeareth that twelve carnes of Land M ® made a Knights Fee, every carnebe- sopi ingin ancient time of the value of five nobles per annum * according to »aCs which account, a Knights Fee a- 15 mounted to twenty pound per annum. Thcle are the feverall opinions, itip touching the quantity of a Knights ’txif F ee,imbrace or theft, which fhall ftem moil conlonant to reafbn, For my 'imp own parr , I think that in the ancient w' : - time , aKnightsFee, was mcafiired l *>| according to the number of the acres ; but in theft dayes , according cdfe to the value of the land ; the reafbn 'J* of this alteration isjthat though in an- ights “ cient time , as well as in theft dayes, xtA 1 feme lands were farre more fruitfull •,tou thanj others 5 yet the value of eve- Dfflils ry quantity of land was certainly ra« then, ted, according to the Cuftome of the yfitt places,&never upon any occafion was utt,fe the land increafedor decreaftd; and IwO therefore were they to examine whe- jKjt ther any man had a Efficient living for a Knight , they would look no fur- I D 3 ther ( 38 ) ili« than to the quantity of his land ; for by the quantity, they couldpre- fently judge the value; but now the value is not certainly rated in any place , but increafeth and decreafeth upon every occafion ; and therefore reafon requireth , that in thefe day es a Knghts Fee (hould be meafured ac- cording to the value, not according to the quantity of the Land , for by rea- ion of the different value of the land, one man may be better able to main- taine the dignity of a Knight, with two hundred acres in fome place, and of fome land , than another with four* hundred acres of other land. But howfbever it is, whether aKnights Fee berated according to the value, or according to the quantity let it here reft. Now give me leave to examine at what time, & by what law it wa* firft provided, that for every Knights Fee the fourth part ofa Knights revennne fhould be paid in the name of Reliefe, •viz.^.li. For every Barons Fee, the fourth part of a Barons revennne, viz. one hundred marks; For every Earles Fee, the fourth part of an Earles Re- ''ennue, ifflH kfo ani Air This lam ta him tot! m nit fact mk iritfei hliti igiti •m Con ofn Tc mis mb wrel :W5 lint lead thfc like la bo hi, a face,n t&fk i l ike, '« iib SLimiK itwi lights; re® ifRelf Fee, 1 rase,* y&i itM ( 39 ) venue, t»iz. one hundred pound ; ffire- Iy Reliefes were paid in this manner, before the Statute of Magna Cbarta , and that is fomwhat pregnant by this, that by the very words of that Statute . This Reliefe is termed Antiquum Re - levium • and by Glanvil, who writ before the making of this Statute,this is (bmewhat manifeft jfor he (peaketh Glanvtl, lib.* to this effeft , Dicitur ratitaabilerele - cap. 9. z/jfcm 1 alien] wj uxta confitetudinetnreg • »i dejtado unitti unlit U centumfolidos dt Soccagioher'o quantum valet , ««/*# i#/- »# Soccagii per annum dt Baronia verb nihil certum jlatutum efi quiajuxta vo~ Iuntatem& mifericordiam Domini Re- git folent Baronia capital, dereleviit juh Domino Regi fatisfacere : from whence I gather, that Statute of Magna Cbar- ta, was in part an affirmance of the Common law, in part an inftitution ofanewLaw. Touching Reliefe paid by Knights, it was but an affirmance of the Com- mon Law , becaufe they were certain before the Statute. Touching Re- liefes paid by Barons , it was an infti- tution of a new law, becaufe they were before uncertaine •, and the rea- D 4 fons :» < J ions why Dukes and Vicounts are not mentioned ii^this Statute , as well as Earles , Barons , and Knights, is this, becaufe'when that Statute was made, there was neither Dnke, Marquefle or Vicount in England. The firft Duke that ever was in England fichence the Conqueft,was the BlackPrince,eldcft Ibnne to Ed, she third. The firft Mar- quefle that ever was in England, was Robert Earle of Oxford 3 created by R, 2. And the firft Vicount that ever was in England , Domnin de Bello monte, created by H. 6 . But though at the making of this Statute , thele dignities were un- known , yet they are comprehended under the equity of the Statute , and according to their ieverall dignities fliall pay Reliefe unto the King , a Duke two hundred li. a Marquefle two hundred marks , and fo ratably and proportionably. But to conclude let us compare Herriots and Relietes together , and obferve in what they differ. i They differ in this , that an Her- riot lyeth in Prender, and a Reliefe in Render. 2. In this, that a Hcrriot is paid (40 Bt ®i paid in the name of a Tenant decea- ^ fed; but aReliefe in the name of an % heire, who is become Tenant. 3. In this , that Harriots are paid by Copy- H;;' holders, as well as Freeholders ; but Reliefe by Freeholders only. 4. In this, that Herriots are ever due upon a fpeciall refervation , or upon fome ! ® particular Cuftome 5 but Reliefes are W, s incident to the Fee, and are due with- atflHf out refervation or Cuftome, contrary rerat to the opinion of Vincmtinvu , who It m holdeth a Reliefe cxtrinfccamfore prt- flationem &non inejft feodo. jThus much ofi touching Reliefes : a word touching «e» Amerciaments. kW «,t Sec. XXVI. digit King, A Merciarnent is a Pecuniarie pu- Jarijit «/*- nifhment for any offence com* 0 tatii mitted againft the Lord of any Manor, icooch or (as fbme more at large define it ) it 1 Rid is a certain fumme of money impofed vltaii u P° n the Tenant by the Steward by oath, and prefen tment of the homage* tipft f° r the breach of any by-law made, ei- elict ther for the profit of the whole king- :rrioi dome , or for the bene fit of the little pi Com* ( 4 3 ) Commonwealth among themfelvcs, or for default of doing fait , or for other mildemeanors , punifhable by the lame Court , Infinite in number and quality ; and this word Amerci- ament taketh his name from being in the Lords mercy, to be punifhed more orhtffeatbis willand pleafure , and it differeth from a Fine in divers refpefts. i In that whofoever is fined may lawfully be imprifoned , but whofoe- ver is amercied cannot. 2. In this, that Amerciaments are incident unto Court Barons , as well as unto Court leets, and Fines are never incident to any Court barons, but to Court, leets only, or other Courts of Record. 3. That Amerciaments are incident unto every Manor whatfover ; but Fines are incident unto fonie few Manors only : the reafon of this difference is partly grounded upon the former difference ; for fithence Amercia- ments are incident unto every Court Baron, and Court Barons are incident unto every Manor : Stquitur ex ctnje- qnente , that unto every Manor amer- ciaments are incident, but ex adverfo. Fines ( 43 ) ^ MN| Fines being incident unto Court leets lit, i' only, and thofe Court leets being In lilluli Ibme few Manors only, not in every in it Manor ex prefly [equitur^ that Fines rdAffi are not incident unto every Manor > mini but unto fonte few Mannors onely: iWt 4. In this, that Amerciaments are Art, afferable Per pares , per /acr amentum in 6 probtmm & legalium bomimm device- neto , qui ficundunt modum delitti ma- fioats j ort id rninori Amerciammta delin~ mA: mulUare pojftmt : but F ines are nhis,: never afferable in this kinde; for look ut n what Fine loever the Court impofetb upon the delinquent , that bindeth n\i% fufficently, without further afferance. ,0# Give me but leave to ask two queft i- LeC oii ons » when had this afferance his firft jjjuu conception or creation? 2. How may jjuifj Amerciament in Court leets be dif jU,, cerned and diftinguilhed from Fines ^ impofed in the lame Court , fince they are both pecuniary punifljmentsfor offences commited? Touching the r „^, firft queftion , I think this law of affe- jjjfjjr ranee was before the < Statute of Mag- Glanv-lib. t. txet n *Cbarta- y for Glanvile thus Ipeaketh up * 1 - r jug of it, Eft autem miftricordia domini Re- Uvit) r l H0 *1*™ t er j^amentum legalium Cm bminum ( 44 ) homptm de viceneto catenas merciatr- dw eft ne diquid de fan honor ahili emit- tun. amt tat $ and therefore by this appeareth, that this Stas. of Magna Chart a , was but an affirmance of the Common law in this point of affe* ranee. Touching the fecond quefti- on , know that ’tis notin the power of the Court to impofe a Fine , or an Amerciament at their eleftion for any offence committed , but ftill the quality of thepunilhroent muff necef, farily fuit with the quality of the offence , from the feverall natures of offences committed, arife the feverall names of puniflimetsinfli&ed.The of- fences in relpcft of the placej arei two fold,and in refpedf of the perfbns]two fold. i. In refpeft of theplace,offences comited, extra cttria y oi which the Ste- ward by no co mon poflibility can have cognizance without the prefentment of the homage , and therefore the po- wer of prefenting them, and impel- ling punishments for them,belongeth unto the Jurors of the Lect , and not unto the Steward; andthefepunifh* ments thus impofcd are termed Amer- ciaments. 2. Offences committed in iC tk hel the feu m Mr Tht at lor fer 2 . thef roe aSe the ft ten mi or . Uj'i iff! Mol «b ( 45 ) wi Curia , of which the Steward caa fee take fufficlent notice , without the ; hjli helping hand of the homage, and therefore the punifliments of theft of- nceofi fences belong unto the Steward, not tofii unto the Jurors; and tbeie puniffi- ndqtti ments thus impofed are termed Fines, he pot Thus in refpea of the place , offences it, m are twojfold. In refpeft of the per. iioni fon,they are likewife two fold: tOf- Dtli fences committed by private perfons vim 2. Offences committed by publike and the Tree in the third m are f or f c j te d to t he Lord as Deo- lands: many other forts of forfeited P t: 5©ods I might adde unto this , but I Is lie yiU forbeare to enumerate any more 'lefei-0 this kinde; and to fpeak more largely of thefe w hich I have already itetfnumerated , for three fpeciall rea- itfidfons. ndas 1 Becauie they are duties accruing coni: mto the Lord , not meerly from the uMTenartts , nor folely by the aft of the neMenants , but mod commonly from 6 cfslrafigers , and by the foie aft of ftran- r 1 E gersy (SO) ,‘arid therefore I confeffe are not aptly ranked under the name of Ser- vices. 2 .Becaufe a perfeft Manor may well fublift, without their affi- fiance , fince they adde nothing to the.perfe&ion of the eflence of a Ma- nor. 3 Becaufe they are not inci- dent unto every Manor , but unto ivjeb Manors only as can challenge them , either by fpeciall prefcription, or by Patent from the King ; for pri- marily and originally thefe forfei- tures of goods , belonged to the King for thefe reafbns: efpecially , becaufe what goods foever have no certain owner known to challenge incereftii them, as waives, efirayes, and wreck, the property of fuch goods belong unto the King, virtute pnrog tm t and thus much Bratton intimated), whenhefauhi, Sunt alia quaiam ft in nulliw bonis ejfe clicuntur, ficut mtc • cum ntarii,&c. & ali* res , qua P»- minum non habent,ficut animalia vogstr tia y &qitafunt Domini Regis profit privtkgium marium : the reafons why Deodands are forfeited to the King, is this. Deodands were originally invented • for feth k ; thefe cord lair m fed thist repr card will we ifiepa nor l of his outd addir that! put wlr Si ttots tbtiit OlEttOl die, i isi »;■ ifefti iUttk noil nee of; lie no , bit anti preiciif k.fc tie it 'to ike! f,k oc® :\m taint tods bi pf intitn. ftlv IfjJiW *UP 'mb' real® m . for the pacifying of Gods wrath , and the appealing of Gods anger , and theft things thns forfeited , were ac- cording to the true intendment of the Law to be (old, and mony diftributed among the poor; and therefore upon whom could the law have better con- fered this benefit , or rather impoled this charge then upon the King , who reprefenteth Gods perfon upon the earth , and whom the Law prefumeth will deale more juftly,and truly,nay, more liberally and bountifully with the poore in this kinde , than any infe- rior Lord, who peradventure out of his uncbaritablenefle, peradventure out of want, will be fo farre from adding any thing to that which is due , that he will rather unjuftly (ubftraft part , or unconftionably detaine the whole. Since therefore, thefe Forfeitures of goods neither adde to the perfecti- on of a Manor, neither are incident unto every Manor , to (pendanyfur- ther time about a (Iibjeft fo fuperflu- ous would ill befeem this fmall Trea- dle , wherein the (cope and end I aim at , is this , only to prelent to your E 2 view . (50 Hew what things focver are necefla- rily requifite to the eflence of every Manor, and what Services foever are incident unto every Manor : and thus much concerning Forfeitures ; a word concerning Efcheats. Sec. XXVIII. E Scheates commeth of the French word,E chtarfxc'tdtrty and are ter- med Excsdentha , which imports lands fallen into the Lords band for want of heire, generall or fpecialJ, to inherit them s but before the Lord enter into an Efcheate in this kinde, the homage ought to prelent it , and being prelen- ted proclamation ought to'be made to give notice to the world , that if any man come in, and juftly claime, he fhall be received; the homage then finding it clear, intitles the Lord, a* to Lands E (cheated. Eefides this ordinary fort of Ef- cheate, there is another fort of Ef- cheate, and that is, where any Free- holder commitcth Felony, and is at- tainted, the King (hall have animm dum&vafium^ and then it commeth unto m •jcb ikes “If that kt£ being fbm ocat ptefn as to whic. obuit before be tire UK; ginwi I Fi Ik pora/, mi. Bribes tafiServ pnStof A'fcL ( 53 ) ue$ onto the Lord as an Efcheate- thus Dcta> n » uc h concerning the nature of Ser- ufoo vices in generall , and there are lb ma- in a °y particular Services in individue, irei-u that I might infill in millions more, 1 but feare of incurring the cenfureof being over tedious , reftraineth the [, forwardnefle of my hand: yet fithence occafion is (o favourable to me, I wifi taP fe< h° ie ib much upon your patience, ink as to lay open the leverall remedies Ljj which the Law hath provided for the 0f ^obtaining of thole lever all Services to mentioned , if perchance they TOr be wrongfully deteifed by the Te- itta nant 5 and for method ji\\i is the foie caufe why the King cannot create a perfeft Manor at this day , & this is the cbiefe caufe why a common perfon cannot create a perfeft Manor, tel iiuf fab! w bin ■* am the iii fin mi the rici ploj war fen' bis Sta ini tk foi the era fen WJ tar tk a® % but not the foie caufe ; for there is this caufe farther; a perfeft Manor cannot 5 ®i fubfift without a perfeft tenure, be- )r 'fc tween very Lord and very Tenant.* »ts but a Common perfon cannot create 'ifcti a perfeft tenure, and confequently A cannot create a perfeft Manor.before 1 * the Statute of §)ttia emptores terrartim y Bnpi if any Tenant feieed of Land in Fee- eKiajs Ample had infeoffed a ftranger , he Ubyft might have referved what fervices he artffljc thought fit, or had he referved no fer- ragi vices, yet the Law would have im- am ployed a perfeft tenure between the ipoliit feoffor and the feoffee , for the feoffee was to hold off the feoffor by the fame stain fervices , that the feoffor held over on reof n his Lord Paramount , but fince this Dgcons Statute, If a Tenant feifed of Land rathe: in fee,infeoffeth a ftranger, neither by it her. the exprefle refervation of the feof- i nntRj for, nor by the implyed refervation of jfullyi the Law, can there be a perfeft tenure t/kni created at this day between the feofe wctjfii, for and the feoffee; for the feoffee lliall ngcic hold inwnediately of the Lord Para- lisdaj, mount not of the feoffor , and further; 1 cow as the King can doe nothing which a- IJJjit mounteth to the creation of a new k cu« cuftome : fo a common perlon can doe nothing which amouncechto the creation of a new tenure 9 and there- fore if there be Lord and Tenant by 10 s . rent , and the Lord will confirm theeftareofa Tenant Twcnd. by a Hawk^t paire of gilt Spurs, a Rofe, or fimilia , this is a void confirmation ;0* therwifc had it been if the Lord had confirmed the eftate of the Tenant Ttmndum per <5*. that had been a good confirmation, becaufe it tendeth only to the a bridgement of an old tenure, and not to the creation of a new , and as it is with a confirmation, <6 it is with a compofiiion. Upon the reaion of this ground, it is, that if the Lord ofa Manor purchafe forrain land ly- ing with out thePrecin&s and bounds of the Manor he cannot annex this unto the Manor though the Tenants be willing to doc their Services , for this amounteth to the creation ofa new tenure , which cannot be effected at this day • And therefore if a man having two Manors , and the Lord would willingly have the Tenants of both the/e Manors to doe tbeir iuite and iervice to vac Court , this is but loll Wa Kttjf ft, IT® lint nail] MOt :U. kits wr,» Hil rtd ikla aid! innat eTfK rico,i n< ietfie rifjB tick CDC. idffe lisiik a (6t) loft labour, in tbe Lord, to praftife any iuch union; fornotwithftanding this union they will be iiill two in Nature,, howfocver the Lord covet to make them one in Name, and the one Ma- nor hath no warrant to call the Te- nants to the other Manor, but every aft done in the one to punifli the o£ fenders, in the other is traveriable; yet if the Tenants will voluntarily Ifubmit themfelves to fuch an innova- tion, and the lame be continued with- out contradiftion , time may make this union perfeft, and of two diftinft Manors in nature , make one in name and ule : and fuch Manors peradven- ture there are thus united by the con- lent of the Tenants and continuance of time, but the Lords power of it felfe is not fufficienc to make any fuch union, can fa qua fupra. But if one Ma- nor holdeth of another, by wayofEfc cheat , thefe’two manors may be uni- ted together , fortior tnim tfi dijpofitin kgu quam bominis. But in t his, that I exclude common perlons from being able to create a tenure , I may leem to impugn many authorities which hold at this day, that a tenure may be crea- ted («»> ted by a common perfon ; for to clear this colour of contradiftion know that tenures are two fold. Firft.im- perfett , as where a man maketh a Leale for years or for life , or a gift in taile, here is an imperfeft tenure be- tween the Leflor and the Leflee, the Donor and the Donee; and this ini- perfeft tenure I confefle may be crea- ted by a common perion at this day, Secondly, perfeft, between very Lord and very Tenant in fee, 3nd fuch a te- nure a common perfon could never create fince the Srat. of Jimp- tores terrarum , and confequently a common perfon cannot create a per* fc 8c Manor fithence; for without a perfett tenure, aperfeft Manor can- not fubfift. Thus much touching the definition of a Manor, thus much I fay touching the two materiall caufes, together with the efficient caufe. A word of another caufe of a Ma- nor which appeareth not in the de- finition fo manifeftly as the other cau- fos doe , this is a caufe which among the Logicians is termed fiaufa fine quo non , and that is a Court Baron ; for indeede that is the chiefe prop and Pillar jfe aile m m: alii cot on tie infi ties com tiet nots offa and aril tk tog per can t iii mi Him (Ofc) fc^ Pillar of a Manor , which no foontfr Jin', faileth but the Manor falleth to ft, ground : if. we labour to fearch out d «* the antiquity of thefe Court Barons, jOUjj we ftall finde them as ancient as Ma- t(K nors themfel ves. For when the an- yj cient Kings of this Realme , who had 3J [kii tl 16 lands of Euglandia Ventefm did fr}de Lamb.m Dajbea con ferre great quantities of land up- his explication on fome great perionages, withliber- of SaXon wor * | tie to parcell the land out to other vtrbt Th f t . ut - life inferior Taunts, K fcr»iDgfuchdo-SS.^ tte ulh ties and Services as they thought Law.#. 41. mh conv enient, and to Aeepe Courts 41.43. wfeer€ tht 7 mi g ht tedrefle mifdemea- aeit nots wilhin lheir p recinfts ; punilh uitk offe nccs committed by their Tenants, Inor ant * elee^e and debate controverfies *1* arifing within their juriiaiftion ; and bum their Courts were termed Court Ba- •iilla ronS 5 l 3ecau ‘e > n ancient time liich ' perionages were called Barons, and , came to the Parliament, and fate in •inst l ^ c u PP er houfe ; but when time had ' l . wrought fuch an alteration, that cb f ^l Jnors ^eH into the hands of meane [t i nien,and fuch as were farre unworthy ran °ffo high a calling :then it grew to » ' acuftome, that none but fuch as the % King I i tP?: Mama Charta. c. 35.3 1. £.3.- (64) King would, fliould come to the Par- liament, fuch as the King for their ex- traordinary wiiedome or quality thought good to call by Writ, which Writ xwnjaacvut tarttum, yet though Lords of Manors loft their names of Barons, and were deprived of that dignitie which was inherent to their names, yet their Courts retaine ftili the name of Court Barons, becaufe they were originally erefted, for fuch Perfonages as were Barons ; neither hath time been Co injurious as to ira- dicace the whole memory of their ancient dignitie, in their name, there' is (lamps left of their nobilitie , for they are ftili intituled by the name of Lords. Thefe courts differ from Court Leets in divers refpefts : In this, that Court Barons by the Law may be kept once every three weeks, or ( as feme thinke ) as often as it lhallpleafe the Lord, though for the better cafe both of Lords and Te- nants, they are kept but very feldoni; but a Court Leete, by the Statute of tnagaa Charts , is to be kept but twice every yeere ; one time within the moneth after Eafter , and another time t0 '4 rime within a moncth after Michal. )n.’, 2. In this, that Court Barons may be * !» kept in any place within the Minor, fit)** ( contrary to the opinion of Brian. J BucaCourtLeeteby the Statute of : m Magna Chart*, is to be kept in Certo loco ac dtterminato , within the Pre- nto ill cinft. 3. In this , that originally ciaiitl Court Barons belonged unto inferior tai Lords ofManors , but Court Leets iJjfcifi originally belonged unto the King. \j ockb 4. In this, that Courr Barons are in- is to i/cident unto every Manor, Co thac eve- tkiry Lord of a Manor may keep a Court :, a .^derived of the French word ntejher^ QJ flj # " A V WI VA M * A tVJflkrl ^ rflB l 1C ^ % n '*fi et h to governe or guide, !L becaufc the Lord ofa Manor hath the “ guiding and directing of all his Te- ’ >antsiwithin the limits of his jurifdi- ! ^&ion , and this I hold the moft pro- mologie 3 and moft agreeing n' ; with the nature of a Manor: fora 01 ‘ Manor in thele dayeslignifieth the ju- ' t ® : ' . rifdiftion and royalty incorporate, f father than the Land or Scite ; Thus “'“much touching the Etymologie. A au>i%ord touching thedivifion ofaMa- “f'ao^A Manor is twofold, i. Re & no- mine : 2 . Nomine tanttem. Re nomine^ where the two materiall caufes of a » Manor, the efficient caufe, & can fa the fine qua non, doe meet and joynero- i * gerfier. Nomine tatttnm^ as where any titmtpf t h e /e cau f es j s wam j n g . as to M F 2 in ( 68 ) in the two niaceriall caufes , if th e Lord will transferre over to &m e ftranger the (ervices of all his Te* nants, and referve unto himfelfe the Demefnes ; or if he will pafle away the Demefnes , and referve the fervi- ces : in both cau ; es , the Lord perad- venture hath a Manor, nomine , but not otherwile , becaufe in the one caufe he wanted) Demefnes, in the ei- ther Services. So if a Manor difeen. deth to Co-partners , and they make partition , and the intire Demefnes are alotted to the one , and the intire fer vices to the other, the Manor is now in fufpence, for neither of them hath any Manor, but in name onely: butifpartofthe Demefnes, and pan of the Services be allotted to each one, then have they each of them a Manor, not nomine tanthm , but re (? nomine. To infill in the efficient cau- fes, If the King at this day will grant a great quantitie of Land to any fab- jeft, injoyntng him certaine duties and fervices, and withall willetb, that this Ihould beare the name of a Ma- nor , howfoever this may chance to gaine the name of a Manor, yet it will nor *fc iel !U I Mt P o ria hoidt tlult tuff holt den <% ofiht lathi defa aredu fct need Maw feit ders dl jeeir dtb iindec Wfket dteStets ultim W;«l («?) U not be a Manor in the eftimation of » v the Law. To infill in this caufe , fin* li \ 5*j mn. If the King grant away a Ma- liiifc nor to I. S, excepting the Courts and pi: perquifites, the Grantee hath a Man* vt thti orinnameonely . So if ail the Free* Loti r holders die but one, it the Lord pur* naw, thafeall the Freeholders land, or skill pafle away the Serv ices of the Free- ueSjioj Holders, or releale unto bis Free-hol- teil ^f rs their fervices , noewithftan- d* n g the Deniefnes and the Services . D ffi of the Copy-holders, yet the Lord Ithci hath but a Manor in Name, becaule fcthe Freeholders are wanting, which Kt 0(1 af c the tnaintainers and upholders of m£(l ] the Court Baron, and conlequently e$, ant necefl " jr y helpe to the perfection of a ;[C il to Manor.So if the Lord granteth away ( 0 [ ^he inheritance of all his Copyhol- » bi»i cIers * or demifeth all his Lands gran- ift«ed by Copie to another for 2000. ywili yeeres ’ the Grantee in the one cafe, L and the Le/lee in the other; have a dia/ a ^ C founders and make admittan- ces; and this in the eye of the world ' I? ■*> ic HI a ma y keep a Cuftomary Court,where 0 p jthe Steward fhall be Judge , and (hall is ( 7 °) is a. Manor , though in the ) udgement of the law it commeth farre (hort of one.Thus much touching the divifion of aManor.I might here handle many coUaterall jurifdiftions, appropriate to the hords of Manors, as that our e- rafting Do ve-houfes , of proving the Wils of their Tenants deceafed with- in their Precinfts in many places* of incloling Common, leaving lufficiem befides for the other Commoners, with many of the like ; Sed b' ? by Copy , this ftall ever binde the Ski. Feme and her heires , and yet £he is not jtiijurii , but fub potcftate viri , be- caufc the cuftoroe of the Manor is the chiefe bafit , upon which hands the rfte whole fabrick of the Co py hold eftate: JIM and therefore what cuftonie doth con- firme to a Copyholder , the law will ailj ever allow , and never leeke to avoid nefc it , in refpett of any fitch imperfefti- sPctds,: on in the Grantors perfons ; and the quantity of the Lords eftate is no (fa more refpefted than the quality of ■to£; his per/on: for if his intereft be law- fa; , full , be his eftate never fb great , or (,01 1. never fo little ’tis not materiall; for ofcom be it in F ee, or be it in tayle or dower, qiie ii or as Tenant by courtefie , for life or UBfjt foryears, as Guardian, or as Tenant cdtrx by Statute, or asTenantby Elegit, or ut orat will;' the leaft of thefe eftates, is it# a fufficient warrant to the Lord , to i»,oi Grant any Copyhold efcheated unto ( isjttfto him , for as long time as the cuftome lidtsii ‘Joib allow; the ancient Rents and tenon: Services , being truely relerved : and iyCof thefe Grants (hall ever binde them 1100,1 rhathave the Inheritance, orFrank- ijGi‘ Tenement of the Manor, as well as i offices offices granted for life, bythechiefe Jufticeofthe Common 'Pitas , whole office is but at will, ffiall ever con- holder upon voluntary Grants made by Copy, doth not derive his eftate out of the Lords eftate only, for then the Copyholders eftate fliould cea(e, when the Lords intereft deter- mined! , Nam cejjante primitive cejjjt derivatives , but the life of the Copy- holders eftate is the cuftom of theMa- nor’; and therefore whatfoeveribefal- leth the Lords intereft in his Manor, be it determined by the courle of time by death, by forfeiture, or other nreanes; yet if the Lord were Legtti- mus Vomitsus pro tempore ; how finall foever his eftate was, that is enough: for the fame cuftonie that fixeth a Co- pyholder inftantly in his land upon his admittance, will likewife prefer ve; and proteft his intereft , to the end , In fuch manner , that though the Lords intereft faileth, yet his ffiall never fall to ground , being upheld by fuch a proppe,fuch a pillar, unlefle perchance the Copyholder offer vio- clude the fucceeding Juftice. The reafon of the Law is this : A Copy- lencc altt In A(i «: re hiit :dj, lire I ME mi: (theft note train m tfeoft , 01(11 itr (1/ fori iseno. sflhil landti; ifti tint in gh i 1 his I jupk fence to his Founder in breaking the cuftome. If the Lord granteth a Co- pyholder from the Manor , by gran- ting the inheritance to a ftranger , though now one of the cbiefe pillars of a Copyhold efface is wanting, viz. tobe parcelloftbe Manor; yet be- etle the Land, at the time of the Copyholders admittance , had this neceflary incident , this feverance, being a matter ex pofl falio , cannot amount to the deftruftion of the Co- pyhold, e/peciall . being the foie aft of the Lord himfelfe. If a Manor be granted upon condition, and before the condition is broken , the Land is granted by Copy, then the Manor becomes forfeited, and the Feoffer entreth; yet the Copyhold effate re- miineth untouched , becaufe lawfully efiablilhed by cuftome , and yet all mean effates and charges whatfbever, granted by the F eoffee at the common law, were voidable upon the entry of the Feoffer • for we have a ground in law , that when an entry is made for breach of a condition , the party to all intents andpurpofes , is in the fame plight that he was in at the time of (H) of the making of the eftate. Ifa man feized of a Mannor in Fee , dyeth fei- zed, having iflue , a Daughter, and his wife being privement injiint with a lonne, and the daughter granteth lands by Copy , this Grant (hall ftand good againft the tonne , for the daughter Was Legitima Domina pro tempore. So if the Feoffee of a Ma- nor, upon condition to infeoffee a ftranger,the next day maketh a volun- tary Grant by Copy, this fhall binde, and yet his intereft was to have but final! continuance. If a Manor be granted with a feme in F ranke marri- age , and there is a divorce had, caufi precontract™ • fo that now the inte- reft of the Manor is granted to the/rnwonely , and by relation, the marriage is void, ab initio: yet be- cau/e the Baron was Legitimus Domi. ms pro tempore , any Copyholders eftates granted, before the divorce, remainesgood. So if a man efpoufeth a feme feigniorejfe , under the age of confent , and after fhe doth difagree, though the marriage by relation was void , ab initio , yet Copyholds gran- ted before difagreement , fhall ne- ver wbe 1ft ion iawr theE diitf tbi mtk M«i oft! Lore confi iLeii bill. itbt none' tratiK theM feit thisb ofaf milt totfee i Mourn ( 95 ) , ^ ver bee avoided , can fa qua fupra . If the Lord of a Manor committed! ■*Pi felony or murder, and procesof out- lawry be awa rded againft him ; after 5b® the Exigent , he granteth Copyhold s fe:; ellates, according to the cuftome, and :fm, sf then is attainted , theft Grants are 11 Dw authenticall, though by relation, the Aji'i Manor was forfeited from the time toinfeof the Exigent awarded. So if the ifesraLord had been attainted by Verdift,or toMtconfeflionjany Grant by Copy , after rate (the felony, or murder committed, fcfhall Hand good , notw.irhftanding ate the relation. If the Lord of a Ma- :W,«nor acknowledge a Statute , and then rente rgranteth lands by Copy ; and after grid the Manor is delivered to the Cogni- tion,:^ in extent, the Grant cannot by lii: yeiithi s be impeached. And if the Lord ttiwJiofa Manor taketha wife, and after lojyW^keth Copyhold eftates, according f; uff.r.' 0 the cuftome, and dieth , though the hath this Manor alligned unto feijc ((her for her Dower , yet cannot (he 1- §agia ¥ °id the/e Copyhold eftates , becauft licit wi^he Copyholders are in by a title Pa- lis gM> raniollnt > the title of the feme, viz. by bill p(.cuftome. But peradventui £ , if the «' heire (. 96 ) heire after the death of his Anceftor, before the alignment made unto the feme for her Dower , had granted Lands by Copy, the feme might a- void thefe Grants , becaufe inftantly uponthe death of the Baron , her title received his perfe&ion , and nothing more was wanting to the confirmati- on of her Intereft : but though the quantity [of the Lords eftate in the Manor be not refpe&ed , yet the quantity of his eftate] in the Copyhold is regarded : For if a Copyholder in Fee, liirrender to the ufe of the Lord for life, th? Re- mainder over to a ftranger , or refer- veth theReverfion to himfelfe if tht Lord will Grant this by Copy in Fee, whatioever eftate the Lord hath in hit Manor; yet having but an eftatefbt life in the copyhold ; no larger eftate fliall pafle , then he himlelfe hath, ffuit nemo potefi plus juris in aim transferre quant ipfi habet : and further oblerve, that fometimes the lawre- fpefteth the quantity of the Lordse- ftate in the Manor, for what aftsfo- ever are not confirmed by cuftome, but only ftrcngthened by the power, ali- as ha 1 U it : a) bo ist tk tl ir t! V wl tar kit fir 1 il r ot! an »i of ki Gut ait h <^4 authority and intend of the LorjJ s itdti: have no longer continuance than the [ i Wp Lords.eftate contioijath: and therefore it is held, thac if a Tenant for lifeof rac a Manor, granceth a licence to a copy- :ta,bi bolder to Alien, and dietb,the licence is deftroyed, and the power of aliens- ottew tion ceafeth. As lor the quality, of I : i the Lords eftate in the Manor , thac is Ik Ltd i much more now reipcfted, than either it idpefic the quantity of his eftate, or the quail- 's diaai ty of his per Ion : for if rheJLord or he H ; f who foever it be that maketh a volun- &7tt. tary Grant by copy, hath no lawfuil life , i imereti in t he Manor, but onely an u- p.«' forped title, his Grant (hall never wlit; fo binde the right owner • but chat S upon bis entry he may avoidethem 9 other wife we (hould make cuftome to a di agent in a wrong , w hich the law nolif will never fuff, r ; a nd yet ifche Lord Wft! of a Manor by his Will in writing de- Djiri/a 1 viieth , that his Executor (hall Grant Copyhold eftaces, Secundum confiutu- B is 1* dinem M aeerii , for. the payment of his fib Lo« debts, See. and they makevolnnrary what a& Grants accordingly : theie Grants by cut are good , notwithftanding the bytbep Executor hath no intereft in the H Mir <9»!) I^anot y nor is Dominut fto Uttu fort. If a Diflc*f° r °^ a Manor dieth Cei- led y notwitbftanding his heirecome in by ordinary cour ft ofdifcent, yet becaafe the Tort commenced by his Anceftor, is dill inherent to his eftate; if any copyhold eftate be gram ed by theheire , it maybe avoided by the Difleifor , immediately upon his re- covery, or upon his entry ; and lb if the Difleifor infeoffe a ftranger of the Manor; notwitbftanding the feoffee come in by title , yet no Grant mads by him of copyhold land , (hall eter binde the Difleifed , no more than a Grant made by the Difleifor him. felfe. ' ' If Tenant in taile of a Manor dif continued] anddieth; and after the difcontinuance Graateth copyhold e- ftates , the heire recovering inaFor- niidon intheDiftender, may avoids theft Grants ; for though the Difcon- tinuecome in under a Juft title, yet hit intereft 'being determined by the deathof the tenant in tayle, the conti nuance of the pofleflion is atort to thi heireg and AttsdonebyTortfeifors tending the oli IBtO mrig. minor ijb bene ny, i util. If} in df ElW tnW imi Ten: manoi of Era ietha •or.' ttitif *951: to til - ( 99 ) »iw I’ tending to the dil-inheritance of the right owners cuftome, will never fo “ftrengtheti , but they may be anihi- «®lated. So if a manfeifedofa manor “™,in right of his wife , Alienech this ™nanor anddieth, any Grant made of :nuohb' 0 py hold eftates, after his death may bepfoe avoided by the feme , upon her en- avoid kry » or upon her recovery , in a (fui :1jii yUvita. ®Ji r If a manor be Granted , j tr. aut , vie , vfcfj'nd Cefiuy que vie dieth,and theGran- % tfitfeee continucth fiill in the manor , and iGrint naketh Grants by copy , thefe (hall binde the Grantor of the manor; »«r:>r immediately upon the death of que vie, the Grantee was but Tenant at fufferance, and had no ojijlffianoroflawfullintereft , fora Writ ||. oik Entry , ad terminum qui freteriit, Acaji“th againft him , as again!! Defor- DvedBg*f° r - iu, mi* And !b if a Tenant for life ofa ma- oughchs w maketh a Leale for yeares of the j juftotli-ne manor and dyech ; Copy hold e- .ftnind ^ e * granted by the leflee , after the K tJ^- at h ofthe Tenant for life, are void* in j S ato/; I e hy the firft leflor. .^Jorirlf a leflee for year s of a manor tar Ha grai>* (IOC) grantech a copyhold in Reverfion, and before the reverfion eichue, the ternie is expired , the Grant is void; and fo I take the 1 aw to be, if the Left fee furrendreth hi« terme , and then beforehisleafe fhou d have ended in point of limitation,R c verfion falleth, yet the Grantee lhall not havei . Ifa Le.ife be made for yecres ofi Manor , the leafe to be void upontho breach of a certaine condi ion , if the condition be broken , and afierwardi the leU-e before the entry of the let for, granteth eftates by copy; theft Grants (hall never exclude tnefc'flor; for prelently upon the breach of the Condition • the leafe is void, but had the Manor been granted for life, it Tayleor in Fee, Iihink law would have fallen out otherwife , for before entry, the Frank-Tenement had no! been avoided, and wherefoeveri man may enter and avoid any eliated Frank-tenement , upon the breached a condition, the law adjudgetlm thing to be in him before entry , and he may waive the advantage which!* might take by the breach of the coo dition if he will , and therefore nd i lit kt hit »by the admittance of the Lord according to the Surrender. As (.o8) As the feme is capable of receiving jj{ a Copyhold from the hands of the ^ Baron; IbbylpeciallCuftome, die c Baron may take a Copyhold from ^ the hands of his Feme , tor in f .me j t Manors, cultomes do enable the Feme q to devife a Copyhold to the Baron, ,, but this cullome hath been much im- pugned, therefore I dare not juftifie , the validity of it. What perfons foever are capable ef a Grant by Copy, may well take by Attorney, not that the Lord fhall be <. enforced to admit any one by Attor- ^ nev, becaufe upon every admittance, ^ there is fealty due by the party ad- (£l mi t ted , which is a duty lo inleparably ^ annexed to the perfons, that it cannot be difeharged by deputy , and there- j j fore no reafon the Lord Ihould be en- ; t forced to ad mit by Attorney, but if he will adroit him , it ltandeih good. Itisnotneceffary, that upon Sur- . renders of Copyholds, the name of ^ the partie to whole u(e the Surrender £ is made , be precilely let down ; but if by any manner of circumftance,the Grantee maybe certainly known, it is ofttfy umti* 'OltojK' pyboldi tor ig/t iblctkv tklm anh'i : not jia lift® [ttelltiki wdM' by k tare ,ptji wfejMl naittti andihs louWfe ney, tt it ini up in swiHe o Swrendt m\ k $&$ iioisii)’ ii (top) is fuffic icnt. And therefore a Surren- der made to the Lord Archbitbop of Canterbury, or the Lord Major of London, or the high Sheriffs of A hr- without mentioning,! ither their Chriltian-name , or Sir-name , are good enough , and certaine enough, becaufe they are certainly known by this name, without further addition. So it I Surrender to the ufe of the next of my blood , to the ufe of my wife, to the ufe of nty brother or fitter, having but one brother, or one fitter, thefe Surrenders are good with- out any additions .becaufe the Gran- tee may certainely be knowne by thefe words. If I Surrender generally into the hand . of the Lord, not expreding to whofe ufe the Surrender thall be , this Surrender is a good Surrender, and fhall enure to the benefit of the Lord. If I Surrender to the ufe of my too U . having more tonnes than one of .that name, yet by an averment, this incertainty may be helped. Put if I fur render to the ufe of my cofin,or my friend, this is to generall, and (no) andfo intertable, that no fubfequent manifeftation of ray intention can any wayftrengthen it. So if three Surrender, to the ufe of threeorfoureof S r . Dmfloni Parifti, not naming the Parilhioners by their names, this Surrender is utterly voide. And { o ifl Surrender in the di£ junftion to the ufe of I.L. or I. N, this is infufficient for the incertain- ty- And in cuftomary Grants upon Surrenders, the Law is not Co ftri&,as in Grants at the Common law, for in Grants at the common Law , if the Grantee be not in remm natura, and a- ble to take by vcrtue of the Grant, prefently upon the Grant made , it is meerelyvoid. But in cuftomarie Grants upon Surrenders, the law is otherwile: for though at the time of the Surrender, the Grantee is not in eJJe,or not capable of a Surrender, yet ifhebein ejfe and capable at the time of the Admittance , that is fufficient ; and therefore if I Surrender to the ufe of him that (hall be heire to 7. S. or to the ufe of I. S. next childe, or to itW; irstyit is uralj intkfi ,0(11 (bet® mm s,ion i,tfk #' 4 , 5(1 ( be Gna iiade, iii tbeliffc is time « t is not it tit (to Idem; ■to tbi to U Je,or» ib (ill) the ufe of I. S. next wife ; though a* the time of the Surrender J. S, had no heire, childe, or wife : yet if after- wards he hath a childe, or taketh a Wife, his heire, his childe, or his wife may come into the Court, and com- pel! the Lord to admit according to the Surrender. So ifl Surrender to the ufe of him that (hall come next in- to ‘Pauls after fuch an houre , whole fortune foever it is to come firft, the Lord muft admit, and I lhall never a- voide it. The feme law is, if I Surrender to the ufe of him, that I S. lhall nomi- nate, or that I my felfe ihall nomi- nate to the Lord at the next meeting ; the reafon of the law is this, a Surren- der is a thing executory, which is exe- cuted by the fubfequent Admittance, and nothing at all is inverted in the Grantee, before the Lord hath admit- ted him according to the Surrender, and therefore if at the time of the Admittance the Grantee be in re- rum natura, and able to take, that will ferve. BefidesinCurtomary Grants, the intent of the Grantor is more refpe- fited fited than it fhould be by the ftrift tales of the law , which appeareth by this ; that if a (urrender be made of aCopihold to the ufe ofalaft Will, and the fur render devifeth it unto two the one is admitted according to the purport of the Will, this (hall inure to both; but though the Surrender! be a thing executory , and the intent of the Grantor fo much favored: yet if a Copiholder will Surrender to the ufe of the right heires of I- S. be being alive, this is void becaufe it can- not take effeft according to the intent of the Grantor; for he wouUfhave the grant to be executed prefently, which cannot be in regard that 1. S, can ha^e no heire till after his death : So much of the Grantee , and I come now to the Grant it felfe. Sec. XXXVI. A Copyhold intereft cannot bee S\ transferred by any other , aflii- ranee then by copy of Courc R.ole,ac- cordi ng to t he cuftome. If I will exchange a copyhold with another , I cannot doe it by an ordi- nary r i Offff taw tie, ; infj If. w d law.bi mjb in m tent. ' If relea vouh kUc (bfe A pyhol deroi theul made uitH. dtno! ibjifci nary exchange at the common Iaw» lidnsft tut we muft furrcnder to each Other 9 idttbtea » and the Lord admit us accor oiilfl dingly. ah® If I wil 1 devife a Copihold I can- cniti): not doe it by will at the common thtilt law, but I muft Surrender to the ule of thtijia my laft Will and Teftament , buc aidaFt in my Will I muft declare my in- lfjna. tenc - $unt ft I am oufted by a Copyholder , a •its dl releafe made to him is void,bccaQfeit taufe would be a prejudice to the Lord, 8c rotht: befides there is no ctiftomaryright up sctoYi on which the releafe may inure , but a :A pros eeleafe inuring by way of extingui- adit' lb mg where no prejudice accrueth to |y s j, the Lord, will ferve to drown a Co- ( dli pybold right, and therefore if I furren- derout of Court upon condition, to the ufe of I. S. and the preferment is . made abfolute in Court , and the ad- 1 raittance framed accordingly, this ad- mittance and preferment differing , L .from the effefbof the Surrender, are c » 1 nliboch voide. Yet becaufe upon the 1 admittance the Lord is fatisfied of his ld ( fine, and fo nothing at all prejudiced, by aot anC * b ere a cuftomary rights 1 ir I upon (fi4) 1 u poll which the releafe may be groun* ded, I may by a releafe at the common law, fumciendy confirmethisvoide eftate. And (o upon the lame reafon if I am oufted of a Copyhold, and the Lord admit him according to the cu. , ftum,a releafe made by me at theconv raonjlaw will extinguilh my right; j but if I make a Ieafe for yearesofa ') Copyhold, I cannot by my releafe j pafle my Reverfion , becaufe this re* : leafe injureth by way of inlargemenc j to transferre an intereft, and not by j way of extinguilhmenc, to drown a right, buc my way is to fur render my reverfion into the hands of the Lord , and he to Grant it over to the leflee. Sec. XXXVII. I F Copyhold land come into that plight chat it cannot pafle byCopy, it is become not alienable, and there- fore if the Lord of a Manor will grant to me a Copyhold in Fee, and after will grant the inheritance of this Co- pyhold to a ftranger , in regard that now my Copyhold^is become no par* cell rv “lift kliiKfi) yholid: Kick): Dytjit' irate }, dii tok ;uow! :onit i® t, anil t of tbiil ow cell of the Manor, and fo I cannot fur- render into the hands of the Lord and the Grantee of the inheritance, though I am to him a tenant, andamtyedto doe unto him all manner of fervices which are due without keeping of Court; as to pay Rent , to difcharge Herriots and all other Duties of the fame nature : yet becaafe the Grantee cannot keep a Couft , and fo is inca- pable of taking a Surrender , br hia- k ing an admittance , therefore I cart- not by any meanes alien 5 for no don- veianceat thecomnion law will ferve, becaufe it remaineth {till Copyhold notwithftanding,and whatcuftoms fo- ever were incident to the land before Severance, doe remain (till undeftroy- ed ; as if the land were Burrow Eng- lifh, or Gavelkinde before, it fo con- tinueth , and a decree in Chancery will not ferve no more than an ordina- ry dflu ranee at the common law- for Co.\. fa. *4. that bindeth my per/on only , not my intereft: fithence therefore Copyhold eftates cannot be conveied away 0- rherwife than by Copy of Court role, according to thecuftome, let us exa- mine the nature of thefe cuftomari* 1 2 grants, Wal' In (bine Grants a Surrender is Ef- ficient without Preferment or Ad* mittance. Iniomean Admittance without a Surrender or Preferment. In fome a Surrrender and Admit- tance, and both ncceilary 5 and in lonie , a Surrender , Preiencmcnt, and Admittance, are all requifite. Sic. XXXVIII. I F« Copiholder will Surrender to the ufe of the Lord, theintereftof the Copvhold is iufficiently veiled in the Lord immediately upon the Sur- render, without any admittance of the Lord, becauie the Lord cannot ad- mit himfelfe. If the Lord will make a volun- tary grant of a Copihold, no Sur- render is requifite, for by the ad- mittance lilro ifc rod dk it mi jam rrfflk tad i tel® mW 'a ff BQOtt (”7) mittancc of the Lord according to the cuftome, the Copyholder it Sufficiently Setlcd in this land with- out any other ceremony. If a Copyholder will Surrender in Court to the uie of a ftranger , befidcs the Surrender, the Admittance is re* quifite* and if the Surrender be made out of Court into the hand* of the LordhimSelf , 'which the generall cu- ftome will warrant, or into the hands ofthcBailiffe,or of two Tenant* of the Manor, which by Special! cuftome onelyis warantable, belides a Sur- render, two other ceremonies are re- quifite ; the one a true prelentment of the Surrender in Court , by the Same perSons into whole hands the Surren- der was made $ the other is an Admit- tance of the Lord, according to the effeft and tenor both of the Surren- der and presentment. But now more particularly of eve- ry one of them apart , and firft of a Surrender. i win no Si dr* I? Sec. ( uB ) SEC. XXXIX. His word Surrender, is vocalu - him art U , and therefore where a Surrender is needfull , if this one word be wanting , all other words, ufedin ordinary cpveiances, are unef- fe&uall and infufticient to convey any Copyhold ettare , for if a Copyhol- der come into Court, and offer to pafle his Copyhold by word of grant, of gift, ofbargaine, or (ale, or fuch like, I doubt he will faile of his purpofc, for as he is tyed to a lin- gular forme of aflurance,(o is he re- trained to peculiar words in his aP aflurance. Surrenders are made in (everall forts according to the feverall cu- tomes of Manors. In fome Manors , where a Copy- holder furrendereth his Copyhold, he ufeth to hold a little rod in his hand, which he delivereth to the Ste- ward or BaylifFe, according to the Cutome of the Manor, to deliver it over to the party,- to whole ufe the Surrender was made in the name of Seifin, r (** 9 ) Seifin,and from thence they are called Tenants by the Verge. In lonie Mannors , in Head of a wand, aftrawisufed, and in other ® Manors a glove is ufed, Et conjuetudo 11 ® loci femper eft obfervanda. A Surrender ( where by a/ubfe- » quent Admittance the Grant istore- ceive his perfe&ion and confirmati- Jp on ) is rather a nuniftfting of the ife Grantors intention than of palling mil away any intereft in the pofleflion : oft for till Admitance, the Lord taketh ailt notice ofthe Grantor as Tenant, and j* he /hall receive the profits of the Land to to his owne ufe , and lhall difcharge .fc all Services due to the Lord , but yet the intereft is in him , but ficundum fa. quid, and not ab/olutely; for he cannot min pafle away the Land to any other , or makeitfubjeft to any other incum- i Co: brance than it was fubjeft to at the pjlol time ofthe Surrender , neither in the is li Grantee is any manner of intereft in- faSt vefted before admittance ; for if hee to i! enter, he is a trefpailer , and punilh- iveri ableintre/pafle ; and if he furrender ifei to the ufe of another, this Surrender jiRO ismeerely voide, and by no matter. Safe I 4 (x (iao) ex pefi fatio can be confirmed ; for though the firft Surrender be execu- ted before the fecond ; fo that at the time of the Admittance of him , to whole ufe the fecond Surrender was made,his Surrederer hath a fufficient intereft as abfolute owner ; yet be- caufe at the time of the Surrender, he had but a poflibilicy of an intereft; therefore the fubfequent admittance, cannot make this Aft good , which was void ab initio : but though the Grantee hath but a poflibilitie upon the Surrender , yet this is fuch a poflibility, as is accompanied with a certainty, for the Grantee cannot poflibly be deluded , or defrauded of the efifeft ofhis Surrender , and the fruits ofhis Grantee : for if the Lord refufc to admit him , he is compella- ble to doe it by a Sub pena in the Chancery , and the Grantors hands are ever bound from the difpofing of the Land any other way, and his mouth ever flopped from revoa king, or countermanding his Surrender, Butperadventure , if a Copyholder languifhing in extremity. Surrende- red! out of Court, to the ufe of his Co- r\ (A ;;ic con! bes ren mac ! diC me I Cc rer I k I wo i ma dia fpe. vil Cot, k Mi; I0tk: dffll (ill) fei Cofin, in confideration of confangai- > nitie.orto the ufe of his fonne , i n confideration of na tar all love and af« s feftion , and after , recovereth his « health before preferment , thisSur- it render is recoverable , or counter- in'! mandable : but if it be granted upon k;, valuable confideration ; as for the b difeharge of debts , or for a furame of iji money paid, though it be made out of i Court, yet it is as binding as any Sur- $■ render whatfbever made in Court. it And thus much of a Surrender ; a lip word of a Prefentment. Rt Qt uji S E C. X ]L. ml: kfc Tf' He Prefentment by the generall mpt J- Cuftomes of Manors, isto be lir *nade at the next Court day, imme- ik diately after the furrender: but by k fp^ciall Cuftome , in fome places , it ml ! ferve at the fecond or third Iji Court. And it is to be made by the ::i perfbns that took the furrender, d and in a11 points material!, according jo the true Tenure of the Surrender, oft And therefore if the Surrender be 0 con- conditional!, and the Preientment be aWolute,both the Surrender, Prefer- ment and Admittance thereupon are wholly voide. But if the Conditional! Surrender be prefented , and the Steward in en- triugofit, omitteth the Condition; yet upon diffident proofe made in Court, the Surrender fliall not be a- voided , but the Roll amended , and this lhall be no conclufion to the par- tie, to plead or give in evidence of the truth of themiatter. If I forrender out of Court, and die before Preientment ; if Preientment be made after my death, according to theCuftome, thisisfufficient; lo if hee, to whole ufe the Surrender is made, dieth before Preientment, yet upon Preientment made after his death, according to the Cuftome, his Heire lhall be admitted : and lo, if I Surrender out of Court, to the ufe of one for life, the Rendrour, and the Leflee for life dieth before Pre- ientment , yet upon Preientment made, he in the remainder lhall be admitted. And fo, if I Surrender to two joyntly, and one dieth before to ex! loot! nd i® Ad A h i, ( 12 ?) Prefentment, the other (hall be admit- ted to the whole. The lame law is f. if thole into whofe h ands the Surren- der is made, die before Prefentment, tei upon fufficient proofe in Court , that liich a Surrender was made , the Jte Lord (hall be compelled to admit ac- «i cordingly ; and if the Steward, the k« Bailiffe, or the Tenants, into whole M;, hands the Surrender is made , refule oik; to prelent, upon a Petition , or a Bill «tt exhibited in the Lords Court; the party grieved /hall Hade remedy. But r,jii if the Lord will not doe him right , he k may both fue the Lord, and them that tfe took the Surrender, in the Chancery, ffiji and fhall there finde reliefe. Thus rat much of Prefentments. A word of Bn, Admittance, air * Sec. XU. »lStl nr, i A Dmitrances are threefold: rt Pi -ex. i. An Admittance upon a vo» D tar luntaryGranr. sail 2 * An Admittance upon Surren- tcai der. bffe 3. An Admittance upon a Dilcent. In ( 124 ) In voluntary admittances the Lord isaninftrumentj for though it is in his power to keep the land in his own hand; or to difpole of it at his pleafure and to that intent maybe reputed as abfolute owner , yet becaufe in difpofing of it , he is bound to ob- ftrve the Cuftome precisely in every point , and can neither in Eftate nor Tenure bring in any aleration, in this refpeft the law accounts him Cu- domes inftrument. Ifthc Cuftome doth warrant an eftate onely, Vttranu viihitau , and the Lord admits for Life } this (hall not binde his heire or iiicceflor , becaufe cuftome hath not fufficiently confirmed it. So if the Lordfaile in referving vtmm&untu (fnum rtdditum - as if he refetvethten (hillings, where the ufuall rent cufto- mably referved, is twenty (hillings: this may be a meanes to avoid the ad- mittance, and the law is very ftrift in this point of refervationtfor though the ancient accuftomable rent be re- ferred according to the quantity ; yet if the quality of the rent be altered, the heire may avoid this Grant : for if the ancient rent from time to time t hath n. f »« Id the! m inJc I- hath been twenty (hillings in Gold, ^ & the Lord referveth it in Silver, this I variance of the quality of therent is in ; force to deftroy the Grant : (b if the ; ' ancient rent hath been accuftomably (j, paid at foure Feafts in the y ear e, and n5 , the Lord relerveth it at two Feafts. So, if two Copyholds Elcheate to the .i Lord, the one of which hath been 0* Uj* dually demifed for twenty (hillings ‘j-. rent, the other for tenne (hillings .p ; rent, and he granteth them both by ^ one Copy, for one rent of thirty (hit- ^ ling, this is not good 5 andfoifaco- y pihold of three acres Efcheates, which ^ hath been ever granted for three (hil- * lings rent , and the Lord granteth one Acre, and rderveth pro rata , one (hil- ' lings rent, verut & antiqtttu rtddit , is “• not referved : but if a Copyhold of .. , fix Acres, which hath ever been demi- 11 led for fix (hillings rent,Efcheateth to T lWo Copartners, and one granteth ' three Acres,referving three (hillings 1 prorata , this is a perfeft rderving. k ^ dmittances u P°n Surrender, the Lord to no intent is reputed as : owner, but wholly as an inftrnnicnt, V and “e party admitted , (hall be fub- jeft 0. 1. 140. b * (1 26) eo no other charges or incobrances of the Lord, for he claimes his eftate un- der the party that made the furrender: and in the plaint , in the natureof a , Writ of entry in the per , it (hall be fuppofed in the per by him, not by the Lord 5 and as in admittances upon furrenders; Co in admittances upon difcents , the Lord is ufed as a meer inftrumenc , and no manner of intereff pafle th out of him , and therefore, nei- ther in the one nor in the other, is any relpeft had unto the quality of his e- ftate in the Manor : for whether he ( hath it by right , or by wrong itisnot material! , thefe admittances (hall ne- ver be called in queftion for the Lords title, becaufe they ate judicial! afts, which every Lord is enjoyned to execute. Befides in admittances upon Sur- renders, the Lord being accounted nothing but a nect flary inftrument, it followeth that he hath a bare Cufto* mary power to admit , fecttndumfer- mam & ejft&um f’urfum reddendi: there- fore if there be any variance betwene the Admittance and Surrender either in the perlon, in the eftate, or in the tenure* ( 137 ) tenure } or in any other collateral! points , the Lord doth only transferee aneftate according to the Surrender and his authority if it can take fiich enter. As if I Surrender to the ufe of/. S. and the Lord admits 7. N. this admittance is wholly void • and not- withftanding this admittance the Lord may after ward s admit J. «£. according to the efleft of his authority : but had he admitted /. S. and /. N. joyntly, then the admittance had been void for the one, and good for the other, like the Cafe ofa Devife • where a Devife ofa terme is made to 7. £ and the executors agree, that /. S. and /. N. mail have this terme ; this con lent is c< >4 fid void to 7. N. for after the content of the Executor, 7. N. is in by the De- vife. Yet fomeare ofopinion, that if I furrender to the ufe of IS. in Fee L ,j r l admits 1 S - together with his eldeftfonne andheire appa- rent, that this is an eftate by Eftoppelf to 7. S. and chache fhall only claime jointly with his fbnne , becaute hee tn;ght have refuted an admittance in this manner '; but I can hardly be fought, to think that this admittance giving giving a prefent intereft in the fbnnc , who by fiirrender was’,to haVe nointe- reft till the death of his father , fliould be any foch eftopell. If . I Surrender to the ufeof I. S. for life, andthe Lord admits himinFee, an eftate for life onely pafleth. So if I farrender without mentioning any certaine eftate, becauie by implication of the law, eftate for life only pafleth, though the Lord admit in Fee , no more doth pafle, than the implication of law will warrant. If I Surrender with the refervation of a rent, and the Lord admits not,referving any rent, or refervingalefle rent than I referved upon the forrender,this admittance is wholly void: but if the Lord referveth a greater rent, then is the refervation void, onely for the fiirplufage,and the admittance fb far currant as it agreeth wichmyfurrender, Iflfurrcnder up- on Condition, and the Lord omitsjthe Condition, the admittance is wholly void; but if my (hrrender be abfblute, and the Lords admittance be conditi- onal!, die Condition is void , but the admittance inall points elfe is good. The realbns of tbefe diverfities ti rat ad' effe voit life limit that ■ bis : Dpc I tan< Adi I thin : kk * Inta: ! nn:e m deat tent; bee: plait Lora 1c is b W4. tijer ! m ( 129 ) *; arethefe, where an Anthoride isgi-i * ven to any one to execute any Aft, ini and he executeth it contrary to the effeft of his authority, this is utterly tt voide; but if he executeth his autho- ricie, and withall goeth beyond the W limits of his warrant , this is voide for st that part only , wherein he exceedeth ® his authoritie. Thefc Admittances &. upon Surrender, differ from Admit- *ii tances upon Difcents in this ; that in is Admittances upon Surrender, no- un: thing is vefted in the Grantee before mi: Admittance,no more tha n in the Vo* » luntary Admittances 5 but in admir- At tances upon Difcents, the heire is Te- lii: nant by Copy immediately upon the t death of his Anceftor , not to all in* nt tents and purpofes; for peradventure jnl: he cannot be fworne of the homage ip before, neither can he maintaine a plaint in the nature of an Aflize in the ufo; Lords Court before, becaufe till then U he is not compleate Tenant to the >lut Lord, no further forth then the Lord mli: pleafech to allow him for his Tenant, itii And therefore , if there be Grandfa- ood l her, Father, and Sonne } and the rii Grandfather is admitted , and dyeth, * K the (i 30 ) she Father entreth, anddyeth before admittance, the Sonne (hall have a plaint in the nature of a Writ of Ay- ell, and not an Alfize of Mon d' «nn- cefitr, Co that to all intents and pur- poles, the Heire, till Admittance, is not compleat Tenant; yet to moll in- tents, efpeciallyas to ftrangers, the Lawtaketb notice of him, as of a CoAfi.i}. perfe& Tenant of the land inftantly upon the death of his Aunceftor, for he may enter into the Land; before Admittance, take the profits , punifti any trelpafie done upon the ground, i Surrender into the hands of tbs Lord, ' to whole ufe he pleafeth,fatisfying the Lord his fine , due upon the Difcent, and by eftoppell, heenny prejudice himldfe of his inheritance, for if an Eftrangecome and Surrender to the ulc of him and his Wife, before Ad- mittance, he (hall ever claimejoynt* ly with his Wife , and never betaken aslbleTenant, and the Lord may a- . vow upon him before admittance, for ' any arerrages ofRent, or other Ser- vices : and laft of all, upon an aftuall Ct.4f0.nJ>' poflelfion there (hall be pojjiffio fm- trit y before admittance , for if a Co* py- fl it 9L 1 t I) II I ( t n C to tt ft o f tl a tt eoi tor mi h der pyholder in Fee have iflue, a Sonne and a Daughter by one Venter, and a Sonne by another Venter, anddyech ftifed , and his Sonne by the firft Ven- ter, entreth into the Land , and dyeth before Admittance, the Daughter fliall inherit, as Heire to her brother} and not the Sonne by the lecond Ven- ter, as Heire to his Father : and ma- ny times the pofleflion of a Guardian, or a Tearmer, without an a&uall en- try, or any claime made by the Heire, will make a pojfejjia fratrii. As if g Copyholder in Fee, having iflue, a Sonneor a Daughter, by one Venter, and a Sonne by another Venter ; by licence of the Lord , maketh a Leafc for yeers , and dyeth , and the Sonne of the firft Venter dyeth , before the expiration of the Terme, being nei- ther admitted , nor having made any a&uall entry, or any claime. Yet this pofleflion of the LefTee is fuffici- ent, and the Reverfion (hall dilcend to the Daughter of the firft Venter, and not to the Sonne of the fecond Venter. But if the Leafe had beene determined, the Sonne living, by the firft Venter , and afterwards he had K 2 dyed ^7 dycdbefore any aft u all entry made, the Law would have fallen out o- therwife, becaufe there was a time, when he might have lawfully entered; therefore, where fbme have imagined that nothing fhould be invefted in the Heire before Admittance; becaufe e- very Admittance of an Heire, upon a Difcent, amounteth to a grant, and fb may be pleaded , they are in an error; for though it be true, that after Ad- mittance, the Heire may in pleading alledge this as a Grant, and that hath beene allowed, to avoide the inconve- niences that otherwife (hould enfue; For if the Copyholder (hould be dri- ven in pleading , to (hew the firft Grant, either that being made before the memory of man, is not pleadable, or fince the memory of man , and then Cuftome failes , for this reafbn, the law hath allowed a Copyholder, in pleading to alledge any Admit- tance afwell upon a Dilcenc , as upon a Surrender, as a Grant : and yet he may,ifhewill,alledge the admittance of his Anceftors , as a Grant , and fhew the Difcent to him, and that he entred, and well, without any Admit- tance; r (i33) i, tancc; but the Heire cannot pleade c> that his Anceftor was feiled in Fee, ^ at the will of the Lord , by Copy of it®. Court R oil , of fuch a Manor , ac- pj cording to the Cuftome of the Ma- 14. nor, and that he dyed feiled, and that ife the Copyhold difeended upon him, ip becaufe in truth foch an intereft is but a particular intereft at will, in judge- ictn ment of Law, although it be difeen- taj; dable by Cuftome. lat So that I conclude, that an admit- )l( ij tance is principally for the benefit of c a , the Lora, to intitle him to his Fyne, and not much neceflary for ftrength- ^ n ing of the Heires title. ^ Then will lome fay, if the benefit which the Heire (hall receive by jjjj the Admittance, will not coun* , j tervaile the charges of the Fyne, 1 ’j he will never come in.and take up his ilioli Copyhold in Court , and fo defeate ^ the Lord of his Fine : I allure my felf, r if it were in the eleftion of the Heire J to be admitted, or not to be admitted, ;,,j- he would bebeft contented without , f admittancc,but the Cuftome in every 'uj Manar is compullary in this point, ij, either upon paine of forfeiture of K 3 their C I 34) their Copyhold, or of incurring forae great penalty, the Heires of Copy- holders are inforced in every Manor to come into Court, and be admitted according to the Cuftome within a [ho rt time after notice /given oftheir Anceftorsdeceafe. And thus much erf the Grant it felfe. A word of the things granted. Sec. XLII. T Kings that lye not in Tenure, are not Grantable by Copy. As Rents, Bailiwickes , Steward- Ihips, Common in grofle, Advow- fions in grofle , and fuch like. AH which are incorporate Heredita- ments, and therefore no Rent can if. fue out of them ; neither can they be held by any manner of Service, but an Advowlion appendant, a Common appendant, or a Faire appendant maypafleby Copy, by reafon of the principall thing to which they are appendant , and generally what things foever areparcell of the Ma- nor, and are of perpetuity, m^y be granted by Copy, according to the Cuftome, as Under-woous growing ' np- (i35) (fe upon the Manor,being things of con- ffr tinuance ( for after they are cut, they in will grow againe , ex fiipitibut ) way Co * '1° Uk well be granted by Copy; and fo of Uii herbage or any other profit of the it Manor; andfomecimeof the Grant lakh of a Copyhold, things lhall paffe that are fevered from the Manor. As if the Lord of a Manor grant his Manor for yeers, except, bofc. & fubofc .grow- ing in certaine Copyhold ground,and 1® the Leflee by his Steward granteth a Of!' Copyhold, within which Manor there m is a Cuftome, that every Copyholder w may take within his Copyhold (i Woods , and Under-woods, grow- » in g u pon the ground for his neceflar y teal fuel, notwithftanding this exception ntyi in the Leafe of the Manor, the Copy- > hit holder may cut downe the W oods or out Underwoods, according to the Cu- pob ftome, though by exception fevered, i oft from the Manor, for though the Leflee cj r of t he Manor, in refpeft of the excep- t|i tion, could not meddle with the thfc Woods or U under- woods , and Co h it might feerne, prima facie, very pro- 10 ih bable that the Copyholder, comming ^ in by the voluntary admittance of ■» K 4 the Cl 30 theLeflee , flio u 1 d 1 1 ave no more A a* thority nor intereft then the Leflee himfelfe had ; yet becaufe the Copy- holder being once in by Cuftome, and lb his title being grounded upon cuftomeis paramount the exception* Therefore, the exception' in theleale of the Manor , though preceding the Grant of the Copyhold, cannot any way touch or prejudice the Copyhol- der. And lo, if there be a Cuftome, within a Manor that Copyholders have tiled to have Common in the Waftes of the Lord , and the Lord granteth away feis Waftes , and after granteth a Copyhold, the Copyhol- der (hall have coramon,but in alledg- ing the Cuftome , he ftiall not fay, gUod infra Mantr.prtd. talis kabelur conjuetudo. but thac till fuch a time, viz.before the le verance,t. Kit ten thi febt Out* ifer Hit tot % •iiilt itfe r Iff 8 k I * i l ®i Kl of i lx t K* ft ! ? id i »■ > M or ii I t , (> 45 ) the making of any voluntary admit- tance , upon Elcheates or forfeitures, or the doing of any Aft belonging to his Office ; but though he may Ex «/- ficio, doe t hole things without {peer- all warrant, yet dude bindes him be- fore he make any voluntary admit- tance to informe the Lord Treafurer of England, the Chancellor, and Ba- rons of the Exchequer , or any of them for his better direction , and the Kings better benefit •• the Law is not very curious in examining the imper- fections of the Stewards perfon; nor the unlawfulnefle of his authorise, for be he an Infant, or mm compos men- tis , an Idiot , or Lunatique , an Out-law, or an Excommunicatejyec what things (oever he performed^ as incident to his place, can never be a- voidedfor any fuch difabilitie, be- caufe he performeth them as a Judge, or at lead as Cuttomes Inftrutnent ; and for his authority, though it prove but counterfeit, if it come to exaft triall ; yet if in appearance or out- ward ffiew , ic leemeth currant, that is fufficient. As if I grant the Ste- wardfliipofmy Manor of Dale by Pa- L tent. (1 40 lent, and in the Patentees abfenee, » $ ftranger by my appointment keepeth H Court, this is authenticall. If a grant w of a Ste wardfliip be made to one , and „ forfome fault or defeft in the Grant, ^ it is avoidable , yet Courts kept by him before the avoidance, (hall (land ^ in force : and whatfoever he did as ^ Steward, are ever unavoidable. As if c f a Corporation retaineth a Steward ot by Pa roll, and hee keepeth a Court, puniflieth offences , decideth contro- verlies, taketh Surrenders, maketh f 0| admittances , either upon Surrenders or dKcents : the(e Afts being judiciall (hall ever liand for currant , though his authoritie be grounded upon a ^ wrong foundation; for a Corporati- ^ on cannot inftitute any (uch Officer, ^ without writing. Andfoifche Kings ^ Auditor or Receiver ,. retaine a aj( - Steward by Paroll , he may lawfully ^ execute any ) udiciall Aft : but things which he performeth, as Cultomes - , inftrument , not as Judge, (uch as are .1 voluntary admittances, neither in the ' retainer by the Corporation, or in 1 this retainer by the Kings Officers, (hall any whit binde : but if a ftranger , ' with- h th, at i 4 ) ij si in m irci 4 r i / 11 9 D b, ] v 4 ' ii Ei' ® st k [if 4 *r H CHS) without the appointment of the Lord, orconfent of the right Steward, or without any colour of authoritie, will of his owne head, come into a Manor, and keep a Court ; it feemeth that the performance of any judiciafl duty, or the executing of any aft v/hatfoever will not be Warranted, efpecially ifthe Court be kept with- out warning given to the Bayliffe by precept, according to theCuftome. The Office of a Steward may be forfeit three nianer of waves. 1 By Abufer. 2 By Nonujin 3 By Refufer. By abnfer. As if the Steward burne the Court Rolles, or if he taketh a bribe to winke at any of* fence , or ufe partiality in any caule depending before him, thefe and the like abufes will make him lubjeft to a forfeiture. By Nonnfe- s As if theStewerd by his Patent, being eyed to keepe Court atcertainetimesofthe yeere, with- outrequeff to be made by the Lord if he faileth , and by his failer , the Lord receive any prejudice, this is a L 2 for» B (i 4 8) forfeiture. But if the Lord be not, damnified , then this non ufir is no forfeiture. As if a Parker attends not for the fpace of three or foure dayes, and no prejudice or damage happeneth in the interim , this is no forfeiture : and in Offices, which con- cerne the adminiftration of Juftice, or the Commonwealth, the Law is more thrift then in the Offices which con- cerne private men : for where an sffi - ccr ex officio } or ofnecefliiie ought to attend for the adminiftration of Ju- ftice, or for the good of the Com- monwealth, there Nonufer , or non attender in Court , is a forfeiture, though this be prejudicial! to no man, as the office of the Chamberlaine in the Exchequers Protonotary, Clark of the Warrants, Exigentur Filizar, or the like in the Common Pleas, be- cause the attendance of thefe and the like officers , is of ncceflicie for the adminiftration of Juftice, (b tbe atten- dance of the Clarke of the Market, is of neceflity for the good of the Com- mon wealth , and Co is holding of the Sheri ffes turne,&c. By Refufer, the office of a Steward may ‘1 a V IK Cc fcit no / fee ritie Id spur atf filer tSe isf( ty- km '(* 49 ) «, f may be thus forfeited, if the Steward 0 he tycd in his Patent to keepe Court 1 upon a demand or requeft, to be if. -made by the Lord, if the Lord de- f 1 mandeth or requefteth him to keep a n> Court, andhefaileth ; this is a for- #■ feiture, though the Lord be thereby ,« nothing damnifycd. And thus much of ott the Steward. »' 4 sec. xlvi. :d fc t- > ’ T ’’He under Steward is the Ste- «i J. wards deputy, and fometimes t, appointed by writing , fometimes by a, Paroll, and the extent of his Autho- tia ritie, is as great as the Stewards own Id Authorise, and his office confiftetU if »n performance of the felfe fame du- > that the high Steward himfelf lii * s t0 perforate, onely in this point the i power of the Steward goeth beyond o ’ power of the under-fteward ; that ,t 1 the Steward can make an admittance «• 1 put of Court, and it fhall Band good lit if entry be made in the Court Roll, that he that is admitted, hath paid his ji fine, and hath done fealty ; but the un- sj f L 3 der- , 05 °) der-Steward, though he may take a Surrender out of the Court , yet he cannot make any Admittance out of Court, without efpeciall Authoritie or particular Guftome. Some have thought, that an under- fteward may be made without fpeciall words in the Stewards Patent, autho- rizing him to make a Deputy : but Purely, fince it is an office of know- ledge, truft and difcretion, it cannot, unltfleitbeifiCatesof necelfitie. As if an office of Stewardfhip defcend unco an Infant, hce may make a De- puty , becaufe the Law prefumeth he is himtelfe uncapable to eyxcute it, to if it be granted to an Earle in refpeft of th’ exility of the Office in a bate Court, and of the dignitie of the per- lon , who is Pupofitw Comitatuf , and had in ancient time the charge and cu- ftody of the whole ffiirc, whole atten- dance the Law intendeth to be moft neceflary upon the King and the Common-wealth, therefore it is im- plyedin Law for the com-eniencie, that he may make a Deputy , for whom he ought to anfwere. This is one obfervaiion touching underfte- wards, A infe eiiit 050 wards, in admittances made by under- ftewards, as well as in admittances made by the Stewards themfelves, it is good order to exprefle in the Copy, and in the Court Roll , the name of theunderlleward, or of the Steward, becaufe in pleading any Admittance, a man muft fay that he was admitted by fuch a one underfleward or Ste- ward , naming his name. And this fhallfuffice touching the manner and means of granting Copyholds: Suffer me now in the fourth place , to point at the feveral eftates of Copyholders, together with their feverall qualities incident to their feverall eftates. Sec. XLVII. A LI eftates whatfoever may be re- duced to one of thele three heads. i Inheritance. 2 Francktenanr. 3 Chattells. All Inheritances are of two forts, either Fee fimples , or Fee cailes. Of Fee fimples , fbme are de- L 4 ter- terminable , (onie are undetermi- fi| noble. ik Determinable , as where Land is ii given to a man and his heires , for ot fo long time as Pauls fteeple (hall m (land. i Undeterminable, as where Land i3 is given to a man and his heires, with- mi out farther limitation. fa Of Fee tailes , fome are general}, in forue are fpeciall. lie Generali, as where Land is given aft to a man and the heires of his body, tit. or heires males , or females of bis at/. body. f if All Franketenants are of two iici forts, ei; her created by the aft of the hi party, or by the aft of the Law- 11 Of Francketenants created by the aioo aft of the party, fome are determina- ^ ble by death , fome by collateral] m nteanes. By death, as effaces granted during the life of the Grantor, of the Gran- aj tee, or of a Stranger. « , By (> 53 ) By collaterall meanes , as eftates granted quia din fuerit inmpta , to a Widdow, quia (Uuremanferit vidua, or to a Minifies? umdiu Sacerdotium ' txtrcuirit, OfFrancke tenants created by the aft of the Law, fome are Francketc- matsfimplicitcr, fome ftcundum quid fimphcitcr , as the eftates of a tenant in Dower , of a tenant by the courte- ne,of an occupant , a tenant in taile, after pofibility of iflue extinnft , ft- cundumquid , as the eftates of a Te- ) nanr by Statute Merchant, S/at, Sta- ple & Elegit • who though they are to have the Land, but for Co many yeeres as will give a plenary fatisfaftion to their debts, yet by theSfat. of Wtflm. 2. they may mainetaine an Alfize, jtyhich no other Tenant having but a Chattellcan have. All Chattells are either certaine, orincercaine: Of Chattells certaine, fome are in themfelves certaine, forae are made certaine by relation to a certainty. Certaine in themfelves, as where Lands are granted for 20. 30. or 40. yeers. Certaine by rela- tion to a certainty, as where Land is » 5 * Co.^.fa.n- ( 154 ) is granted for fo many yeares as I. S. hath acres of Land. Of incertaine Chattels , tome are incertain in their commencement, fome incertaine in their determina- tion. In their commencement , as where a Guardian hath an eftate during the minority of theheire , all thefe eftates either by generall or by the particu- lar cuftomes ofManors, are of Copy- holds afwell as of Feeholds , in what manner foever an eftate in Fee fimple is warranted by the cuftome, moft in- ferior eftates are by implication like- wife warranted. All Frank tenants created by the aft of the party , the * eftate of an occupant , and all Chat- « tells whatfoever, without any other ts particular cuftome , are hereby war- f. ranted. *! But the law is otherwife , of eftares (a in Dower by the curtefie , by Statute ni Merchant , Statute Staple , or Elegir, m for as long as fuch a Copyhold, by the cuftome of the Manor grantable .. in Fee fimple, continueth in the Go- ik pyholders hands , it is notlyableto | any of thefe eftates , but if once it j com- ( 155 ) commcth to the Lord by Efcheatf , Forfeiture, orbyotbermeanes, Co long as it remaineth reunited to the Manor, it is in the nature of a Free- hold , and /hall bee fubjeft to the charges and incumbrances , as land at the common law , and howfoever by implication thele eftates are not al _ 1 o wed i n Copy holds , contin uing in t jie Copyhold pofleflion , yet by par- ticular cuftome the Wife may be Te- nant in Dower, the Husband Tenant bythecurtefie, a Granger Tenant by Statute Merchant, Statute Staple, or Elegit, ofa Copyhold, refting in the Copyhold , afwell as if it refted in the Lord } whether an eftate tayle, or an eftate tayle after poftibility ofilTue extinft, which hath a neceffary de- pending upon an eftate tayle, may by any particular cuftome be allowed , that T maydilputejbut cannot deter- mine ; for it is vexata qucJUo , much controverted; but nothing concluded, I will briefely touch the reafons al- ledged on both fides. They which are againft the validity of Intailes by ipeciall cuftome , doe chiefely urge thefe two realbns , that no eftates tayles (i$6) tayles were before the Stat. de denis condition dibits , but all Inheritances were Fees condicionall , and the Sta- tute being made 13. E. 1. which is < within the memory of man , it cannot be that any Cuftomes have any Com- 1 mencement, fince the Statute $ lor then a cufiome might begin within time of memory , which is altogether re- pugnant to the rules ofcuftome. Two great inconveniences would enfiie , if a Copyholder might be In- tailed by fpeciall cuftome, becaufe neither fine nor common recovery / can barreit; (b that he hath fuchan t eftate^that he cannot of him(elfe 5 with- ji out the aflent of the Lord , difpole of in it, either for the payment of his debts* i[ for the advancement of his wife, or it preferment of his yonger fonnes, ie ii Sec. XLVIII. J l T ' H E maine realbns in lifted upon in defence of intayling Copy- holds are thele. % 1 In divers Manors they have been D , from time to time , not only reputed (1 | as C 1 57 ) at Tenants in tayle , but in every mouth termed by that name. 2 A Formedon in the Dejmdtr Jy- eth of a Copyholder, which Writ > none can bring but Tenant in tayle. 3 A remainder limitted upon fuch an efface in fuch Manors hath been al- lowed , and therefore is no Fee con- dicionall ; for upon a Fee, whether abfolute or conditional!, a render can by no meanes depend. 4 It is a common ufige there by a Recovery to dock intailes of Copy- hold , or to defeate thefe eftates by prefentment , that the Copyholder hath committed a forfeiture, andfo the Lord to feize , and to furrender it to the purchafer ; and therefore there is not that inconvenience which is fuppofed in the Copyhold , fcilicet , want of power to difpofe of fuch an eftate without the Lords confent. $ Much inconvenience would de- pend upon this if Copyholds might not be intayled , for it would tend to # the fubverfion and deftruftion of ma- ny mens eftates •, which from time to time they have enjoyed without con- tradiction. (i 58) tradiftion,and therefore for the quiet of the common wealth how neccflary it is that Copyholds (hould be incay- led, let any man judge. Thus much of the feverall eftates of the Copyhold. A word of the fe. verall qualities incident to feverall eftates. Sec. XLIX. T "TTHat qualities foever are nccef- V V fariiy incident to eftates at the common law, are incident to eftates by cuftome. Inillaftrating this, I will confine my (elfe to the difcufling of ‘ thefe two points. f 1 What words will create Copy- holds of inheritance, and what Copy- holds of F rank T enant. 2 How Copyholds of inheritance (hall defcend. . Touching their creation , Copy- holds of inheritance , and Copyholds ' of Frank Tenement, are created by the fame words that inheritance and F rankT enement at the common law' are created by. ' If a Copyhold be granted to a man, and and to his heires males, or heires fe- males. If to a naan & Janguini fito bendita - bili. If to a Deane and Chapter , or to a Major and commonalty, without any exprefle eftate, or without a limitati- on of fome inferior eftate. In all the/e Grants, a perfett eftate in Fee paf- ieth. And fo peradventure if I furrender a Copyhold to a man & his heires,and he reciting this eftate, refurrendreth in the fame manner to me, that I fur- rendrcd to him, not making any men- tion of my heire, yet this recitall fee- meth fufficient to pafle a good Fee fimple. So, ifl furrender unto you as large an eftate, as 1, S. hath in his Manor of Z>. and he hath a Fee fimple in his Ma- nor , it is fomewhat probable, that an eftate in Fee fimple Ihould pafle, by reafon of his relation without the word Heires. Ifa Copyhold be Surrendred toa , man, & femini fuo bxreditabili de corpo- re , or to a man,<^ b ver intended to pafle fuch an eftate. Ifa Copyhold be granted to an Ab* (S' bot, and to his heires , an eftate for dm life only pafletb. Itr i So if I Grant a Copyhold to a man xi in F ee Ample , ac fanguini fuo in perpe- 'f tuum, or fibi & ajfign.fuit in perpetuttm^ 5rw yet the word heires wanting no b greater eftate than for his life pal?- L»< feth. * The fame law is, ifa Copyhold be mid granted to a man, and to his heires, as jg long as I. S. (hall live, this is onely an eftate, per anter vie, & a rend, limitted jj(f upon thiseftate is good- tin. But if a Copyhold be granted to a ^ man , and to his heires , as long as ;y fiich a tree (hall grow in fuch a ground 4 this is a good Fee, and a render limit- Htf red upon it is void. itfo Jfa Copyhold be granted to l s* and I.N. & baredibas, they are jovnt Tenants for life • and no inheritance paffeth onto either, becaufe of the i uncertainty for want of this word (fins ) but if a Copyhold be granted to 1. S; onely & bsrend. a good Fee fimple pafleth without the word I finis. Ifa Copyhold be granted to a man, & htredibus , an eftate tayle doth notpafle, for want of the words de eorpore. And if a Copyhold be gran-’ , ted to a man , & liberis aut pner. finis de carport ; an eftate tayle doth not pafle for want of this word ( heires ) for i what eftates foever are intayles fince ' the Statute De donis Conditiovalibus, were fee fimples conditional^ but this ! could be no Fee fimple conditional! i before the Statute without the word ( kites ) and therefore no intayle ! fince the Statute, And for the lame realon , if a Copyhold be granted to a man , and to the ilfues nules of his^body an eftate for life onely paC Ifa Copyhold be granted to a man. Without exprefiing any certain eftate M by ( I«0 by i mplication of Law , an eftate for act lifeonely pafieth; and if I grant a ®A Copyhold to thr ee } habtndum fitccefi- li ve, they are joynt T enants,unlefle by lao (beciall Guftome the word JueceJfm bp. make their eftates fcverall. Thus pure much touching the creation of Co- k pyhold eftates. M! * fro bio T Hedifcentsof Copyhold of in- wit heritance are guided and dire- li- fted by the rules of the Common Mi Law , as well as the creation of Co- :re pyhold eftates. ^ If a Copyholder in F ee-finiple ha- ie, Ting iflue , a fonne and a daughter :fn/p by one venter, and a fonne by another Isra, venter, dieth; and the fonne by the lie I firft venter entreth and dieth; the Land grtfe (ball difeend to the daughter, Q*}* H ptjfejjio fratrk de feodo fimplici facit ft- rorent t jft hreredem- flic But if a Copyholder in tayle, having ft, i iflue, a foune and a daughter by one mjn t'e«fer,andafonne by another vwrfw, rnjli dieth ; and the lonne by the firft venter entreth (163) entreth and dieth, the fonne of the ft- cond ven/er. (hall inherit. If a man having iflue , a fonne and a daughter by one venter , and a fonne by another venter, the eldeft fonne purchaftth a Copyhold in Fee, and ayeth without iflue, the daughter (hall have the Land , not the yonger fonne , becaufe he is bn: of the halft blood to the other. If a man hath a Copyhold , by df- ftent from his mothers fide, if he die without iflue, the Land (ball goe to the heires of the mothers fide, and fliall rather efcheate , than goe to the heires of the fathers fide; but if I pur- chafe a Copyhold, and die without iflue, the Land fliall goe to the heires of my Fathers fide : but if I have no heires by my Fathers fide, it fliall goe to the heires of my mothers fide ra- ther than eftheate. If there be Father, Unckle and Sonne , and the lonne purchaftth a Copyholdin Fee, and dieth without iflue, the Uncle fhall inherite, and not the Father, becaufe an inheritance may lineally diftend , but not af- cend, M 2 If If there be three brothers, and the J middle brother purchafcth a Copy- :ei hold in Fee , and dieth without ilfue, ■ the eldeft (hall inherit , becaufe the jf worthieft of blood. 1 If there be two Copartners, or a two Tenants in Common of a Copy- I 11 hold, and one dieth having iflue, the de ifliie fhall inherit, and not the other by the fury ivorlhip ; but other wile it 0 is of two joynt Tenents. Should I ' :i give way to my Penne , and write on '/• thisTheame till I wanted matter to »« write on, I fhould make a large Vo- f. lume in dilating this one point^there- ■■■■ fore I will contraft my lelfe , intreat- ihgyou to fupply by your private cogitations, what I have either wil- lingly or unwittingly palled over in filence , onely take this caveat by \ the way. , ‘ , Though all qualities neceflarily in- *wl cident to eflates at the Common Law , are likewife incident to Copy- hold eftates ; yet the Law i s not fo of % collateral! qualities , without (peciall fo- %i a ' Cuftomej and therefore a Copyhold y (hall be no aflets to the heire. Id® A difeent of a Copyhold , (hall not t toll ' C»*5) toll an entry. A Surrender made by Tenant in tayle ( admit a Copyhold may be inwyled ) or by a Baron of a Copy hold, which he hath in right of uis Wife , lhall make no dilcontinu- ance, becaufe thefe are collatterall qualities, and not necefTarily inci- dent. Thus much of the feverall eflatea of Copyholds, together with their feverall qualities incident to their fc- verall eftates. I come now in the nrft place to examine how Copyhol- i , rs are to impieade, and be im- 1 pleaded. Sec. II. A Copyholder cannot in any A- ftion reaU , or that favoreth of the realty, or hath a dependance upon the realty, implead or be impleaded m any other Court, but in the Lords l ^? r or concerning his Copy- hold, but in Aftions that are meerely perfonall, he may Cue or be fued at the Common Law. Ifa Copyholder be oufted of his M 3 Copy* (i&S) Copyhotdbyaftranger', hee cannot implead him by the Kings Writ , but by Plaint in the Lords Court , and (hall make proteftation to profecute the fute in the nature of an Aflize of novell difleifin , of an A (fee of Mon D'ancejior of a Formdon in the Di- (cender, Rever fer, or Remainder , or in the nature of any other Writ, as his caule (hall require , and (hall put in pltg. dc proftqttend. I If a Copyholder be oufted by the Lord, he cannot maintaine an Aflize at the Common Law , becaufe he wanteth a Franck-Tenant, out he niay have an aftion of trefpafle a- gainft him at the Common Law } for it is againft jreafon , that the Lord (hould be Judge, where hehimfelf is a party. If in a plaint in the Lords Court touching the tytle of a Copyholder, the Lord givethfalfe judgement, hee cannot maintain a writ offalfe judge- ment, for then he rtiould be reftored to a Franck-Tenant, where he loft none. No Copyholder of bafe Tenure in ancient Demefne , can maintaine a Writ of droit chfi } or a Writ of Mon- /?rd* flravernnty but Tenants of Fancke- tenure in ancient demefae can. A Copyholder that may cut down Timber trees by Cuftome, by licence of the Lord,maketh a Leaie for yeers, theLeflee cutteth downe trees, the Copyholder (hall not have a Writ of waftc, but (hall (ue at the Lords Court to punilh this wafte. If a feme Dowable, by Cuftome of a Copyhold; by plaint in the Lords Court, recovereth Dower and dama- ges, no Attion of debt lieth at the Common Law for the/e damages, be- caufe the Aftion, though it be in it felfe perfonall , yet it dependeth up- on the realitie. If a Copyholder make a Leaie by copy for yeares, or bv Deede with Licenfe , an A&ion of debt lieth for the Rent, referved upon either Leafe at the common law ; but I much doubt whether he can avow for the Rent, either in the one, or in the other, no more than C e ft“y before the Statute 27.H.8. cap. 10. could a- vow for the Rent referved by him upon a Leaie for yeeres , and yet he could maintaine an Aftion of debt for M 4 fuch (i« 3 ) fuch a Rent , becaufe an A&ion of debt is grounded upon the con- tract If a ftranger cut downe trees grow- ing in the Copyhold ground, an afti- onofTrefpafle lieth at the common law againft him ; fo doth it againft the Lord, where he cutteth them downe, when by Cuftoffie they be- long to the Tenant, becaufe this is a ineere perfonall Action , and dam- magcs onely are to bee recove- red. And if a Copyholder without li- cence, maketh a Leafe for one yeere, or with Licence maketh a Leafe for many yeers, and the Leffee be eje&- ed , he (hall not fue in the Lords court by Plaint, but lhall have an eje&icne fame at the common law, be- caufe he hath not a cuftomary eftate by Copy , but a warantable eftate by the rules of the common law.Thus much of the manner how Copy- holders are to impleade, and be im- pleaded. I bo 'pyi So or itt B; w« * tt » ch; M So ikt fciji Wei at i y Sec. LI I; I Come now in the fixt place , to foew under what Statutes Copy- holders are comprehended. Co- pyholders are comprehended under i Statute , either by exprefife limitati- on in precift words } or by a fecret ! implication upon generall words. 4 By exprefle limitation in precifc ) words ; ' As by the Statute of the firft of R. 3. cap .^. it is expreflely provided, that j a Copyholder having copyh old land, to the yeerly value of twenty fixe (hillings and fixe pence • above all f charges may be impanelled upon a l Jury > as well as he that hath twenty 1 fhillings, per annum of Freehold- >. I land. ! _ So by the Statute of r.E. 6 . cap. 14. : it is ex prefly provided, that upon 1 thedi/folution ofAbbyes, and Mona- 1 lieries, Copyholds fhould continue as they did before the Statute, and fhould fall into the Kings hands. So by the Statute of 2. E. 6 . cap.$. it is exprefly provided , that the in- te-reft tereft of a Copyhold, fhould be pre- , jj ferved , notwithftanding it be not In found by Office , after the dcceafe \\ of the Kings Tenant. So by the Statute of i. Mar. cap. 1 2. it is exprefly prov ided , that if at any Copyholder being Yeoman, Ar- yi tificer, Husbandman, or Labourer, tl and being of the age of eighteene or t more, under the age of fixtie ; not ( ficke, impotent, lame, maymed, nor { having any other juft or reafonable j caufe of excufe upon requeft made by t any man in authorise, refufech to aide f c Juftices in fupprefling of riotous per- % ions, that then immediately he (hall forfeit his Copyhold to the Lord, of u whom it is held during the Copy hoi- jf ders naturalllife. 8 e So by the Statute of E Hz. cap. toi 14. it is exprefly provided, that the », forgeingof a Court Roll, to the in- tent to defraud a Copyholder, (hall (, s be as well punifhable , as the forge- tji ing any other Charter , Deede, or writing fealed, whereby to defeate 4, a Copy holder or F reeholder. i So by the Statute of 1 3.E liz.cap.y. Itisexprefly.ptovided, that the Co- f ] It i it. IE 10 IE IE I If t\ 111 i i t k t i t a ') S d 'T>onator 4 l in eburta Domini Jiti manifejiti exprejpt tit ettero obfervit , which proveth, that the intent of the Statute was, that no hereditament fhould be intailed with- in this Statute , but fuch an one as either was given , or at leaft may be given by Cha rter, or Deed ; but Co- pyholds are no fuch hereditaments , and ( 174 ) and therefore not within the body of ^ she aft; yet it is holden, that Cuftotn with the cooperation of the Statute ief will make an eftate tayle. ^ The Stat. of W.2.C.20. which giveth of theE^it.extendeth not to Copyhold, inf becaufe it would be prejudiciall to by the Lord, and a breach of the cuftome k that any ftranger (hould have intereft Ihc in the lands holden by Copy with- Ki out the admittance , and ordinary al- lai lowance of the Lord, _ I* The Statute of 1 6.R.2. ca. 5. which mi thaketh it a forfeiture of lands, Tcne- lit ments , and Hereditaments, to the m purchafor of Excommunications, sf Buls,&c. in the Court of flume, a- ion gainft the King, &c. extendeth not pm to Copyhold , becaufe it would be prejudiciall to the Lord to have the King fo farre interefled in his Copy- hold without his content. The Statute of 2. H. 5. ea. 7. of He- [ , retinues extends not to Copyholds; for though the Lord of a Manor is i,!; yeerly to receive a benefit in having ^ the lands after the yeere and the day 1:5 forfeited unto him ; yet becaufe the King is a (barer in this forfeiture; there- (» 75 ) therefore'lands by Copy are nor coni* prehended under the generall words- befides the Statute ipeaketh of the* Kings having annmmditm , &vafium ) of thefe lands forfeited for herefie , as i in lands forfeited for felony • where- • by it appeareth , that the meaning of the Statute 5s , that (uch Lands onely mould be forfeited , in which the King by the ordinary courfe of the i law (hould have Armmmdum &va- ftum , if the Tenant of them had com- mitted felony: but fitch landsarenoc £• lands by Copy- for if a Copyholder : | committed felony , his Copyhold is , prefently forfeited to the Lord ; there- f° re copyholds are out of the generall t\ purview of this Statute. t Sec. LIV. f _ TT H E r Stat T of 2 7- H. 8. M. io. M JL of ufes, touched] not Copyholds ; becaufe the tranfmutation ofpofleP ii I lion, by the foie operation of the Sta- 8 tute without allowance of the Lord if or the Agreement of the Tenant ’ would tend to the prejudice, both i °* the Lord , and of the Tenant, and the 0?6) the branch of the fame Statute which i fpeaketh of Joyntures toucheth not iiq Copyholds , becaufe Dowers of »d Copyholds are warranted byfpeciall «je- cuftome onely, and not by the com* I* mon law , or by the generall cu- {iv< Home. 'I? The Statute of 3 1 . of H. 8. cap. 1. din 32.H. 8. 3 2. by which joyntTene- the ments and Tenants in common are compellable to make partition by a Writ dt partitwnejacimd. As copart- ners at the common law , touch not Copyholds , becaufe this alteration of the Tenure without the Lords con- ~ lent may found to the prejudice of the Lord. . , The Statute of 32.H 8.c*a8. which »t confirmed! leafcs for 21. yeares, or ijg. three lives made by T enants in tayle, ic[ or by the husband and wife , of the £11 lands of the wife , touch not copy- tit hold: for the Statute fpeaketh of lea- aiR fcs made by Deed only; fo that the in- fc tent of the Statute is to warrant the ifa leafing of fuch lands only as are Gran- S01 table by Deed, but fucb are not co- 4 pyhold lands: for though they may M by licence of the Lord be demited by 1 Indcn- Cl 77) Indenture , yet in their owne nam£ they are demisable onely by copy - and therefore out of the generall pur- view of the Statute : for the lame rea- son, the fa me Statute cap. 3 4. which givethan entry to the Grantee, ofa R e verlion, upon the breach of a con- dition by the particular Tenant, tou- ched! not copyholds. Sec. LV. 'TPHe Statute of 17. E. 2. cap. 10. X which giveth the Wardftdpe of Idiotr land anto the King, toucheth not the Ideots copyhold; for there- by great prejudice would accrue to the Lord. But the Statute of Mart on , cap. \ which givethdammagesto a feme, up- on a Recovery in a Writ of Dower, where the Baron dieth feiled , exten- deth to copyhold. So that the Statute of fVrjlm.-z.cap. 5. and the three feverall branches of Co.\.fo. i*.b. the fame Statute. 1 The one ot which v i vech the Ctti N m ' (> 78 ) irt vita, upon a difcontinuance made Sc by the Baron. « 2 The fecond which giveth the re- fine' ceit unto the feme upon the Barons re- pifl fufall to defend the wives title. fyf 5 And the third , which giveth a p quod el deforceat to particular tenants ion extends to copyhold. vtna So that the Statute of 3 1. H. 8. ca. yo j) 13. of tMetiajler. which provideth t ed for the avoidance of doubling of c- tea ftates. ter And the Statute 32. H. 8. cap. 9. y Co^,fi’i6. againfl Cbamptrtie, and buying of Li- mt tigious Titles, and chap. a?, which giveth an entry in liew of a Cut in it ini vita , extendeth all to copyholds, be- rajI1 caufe theft Statutes are beneficiall to ft the common wealth , and not at all prejudicial! to the Lord in the altera- 0B tion of T enure eftate. Service, &c. So the Statute of 4 .H. 7. cap. 24. 1( g^ of F ines, excendetb to copyholds : for ifa copyholder be Difleifed, and the Defleilbr levieth aFinewithprocla- ^ mations , and five years pafleth with- out any claime made ; this is a barre ^ both to the Lord , and to the copy- ^ holder. ' U 1, So ( 179 ) So if a copyholder make a Feoff- ment in F ee,and the F eoffee Ievieth a fine with proclamation, and five years Ce 9-f 0 ' 1 °5 pafie, the Lord is barred; but if a Copyholder levie a fine , and five yea res pafle , the Lord is not barred, for the Fine levied,the Copyhold ha- ving no Frank Tenant, is utterly void. And whereas it hath been doub- ted , that this Statute fliould not ex- tend tocopyhold;but the Lord fliould hereby receive grand prejudice; for he fliould not only lofe the Fines, up- , on alienation or difcents, and the be- nefit of forfeiture , but fliould withall be in hazard to be barred of his Frank tenant and inheritance. To that I anfwer , if the Lord re- > ceive any fuch prejudice, it is through hi* owne default , for not making claime, for in regard of the privity in eftate , that is between him and the Copyholder he may make claime , as well as the Copyholder himfelfe ; St ■uiglantibm non dor muntibtu jura fub- ztniunt. Thus have I fhewed under what Statutes Copyholds are comprehen- ded. I come now in the feventh place, tofpcak of fines, Nz Sec, (i8o) Sec. LVI. b litd. Ceji : A Fine is a fiimme of money paid ass to the Lord of the Manor for an me Income into any lands or T cnements. A In (bme Manors Fines are certaine, in tooi (ome incertaine. the' Fines of Copy By (peciall cuftome Copyholders tret holds. are to pay Fines upon licences gran- by ted unto them to demife by Inden- pyt ture, but by generall cuftome they ten are to pay Fines onely upon admit- |al tances. If If the Lord having a Copyhold by sor,tl Elcheate forfeiture , or other means, law maketh a voluntary admittance, a fine heart is due unto the Lord. teen; If a Copyholder (urrendreth to kii the ufe of a ft ranger , and the lejsh Lord admitteth, a fine is due to the fcne Lord. tijlt t So if a Copyhold delcendeth, and fa, the Lord admitteth the heire , where by the cuftome of the Manor, the wife is to have Dower, and the Husband is to be Tenant by the curtefie of a Co- pyhold, either ofthem (hall be admit- ted, and (hall pay a F ine to the Lord.' ^ (i8i) If a Copyhold be granted durante vita , and the Grantee dieth, living, Cejiuy qut vie , and a ftranger entreth as a generall occupant, he (hall be ad- mitted, and (hall pay a Fine. Andfo if a Copyhold be granted to one and his heires, durante vita • and theGrantee dieth, and his heire en- treth as a (peciall occupant, where bythecuftonieoftheManor, a Co- pyhold may be extended, upon the ex- tent, the party (hall be admitted, and (hall pay a Fine. Where by the Cuftome of the Ma- nor, the Bailiffe of the Manor is to have the Wardlhipof the Copyhold heire; being under the age of four- reene, fuch a Guardian (hall neither be ad in itted, nor pay a Fine , becaufe he isbut a partner of the profits, and that not in his owne right , but in the right of him to whom he is Guar- dian. If the copyhold Lands of a Banke- rupt be fold according to the Statute of the 13. E Hz. cap. 7. the Vendee flia'lbe admitted and pay a Fine. If a Villaine purchafeth a copyhold, the Lord of the Villaine may enter, N 3 and (l82) andfeLe it, and the Lord of the Ma- ** nor (hall admic him, and have a *<®; Fine. & If a copyhold be granted upon con- dition, and the condition be broken, mi and the Granter entreth , hec lhall M 1 not be admitted , neither pay a Fine, ^ becaule upon the breach of the condi- tion, and the entry , he is to all in- tents, in Statu quo frim , as if no grant ^ at all had been made. 1 yf Ifa copyholder in Fee lurrendreth hi for life, referving the Reverlion, and 1* theLefleeforlifedicth, thccopyhol- Ft der lhall not be admitted to his Re- li verfion, neither lhall he pay a Fine. « becaule the Reverfion was never out toi of him. ^ If a copyholder be difieiled , and wit l then emereth upon the Defleifor, or fort recovereth by plaint, in the nature of inth an Aflize , hee lhall not be admitted, }*. keepeth his houfe , then his default is hi no forfeiture. [f If a Copyholder in the Court be toi> called , and fummoned to be fworne y of the homage , and refufeth j this is ^ a forfeiture, lpfofaQa. ^ So if a Copyholder be fworne of t k the homage, and then refufeth to f,, pre- (* 8 7 ) lent the Articles according to hi* Oath ; this is a forfeiture , tpfo fatfo. So if a Copyholder will fweare in Court, that he is none of the Lords co- pyholder, this is a forfeicnre, Ipft f*Bo. But if a copyholder in prelence of the court fpeaketh unreverent words of the Lord, as that the Lord exaft- eth and extorteth unreafbnable Fines, and undue-Services, this is fineablc only, but no forfeiture j and l ifhe faith in Court, that he will devile a meanes no longer to be the Lords copyholder, this is neither caufe of fine nor forfeiture 5 for peradventure the meanes that he intended was law- full, viz. by palling away his copy- hold , Et ubi fenfut verborttm tfl multi - pkx, verbs Jemper font accipienda in me- liori fen fu. If 1 he Steward fhewcth a court Roll to a Copyholder, to prove, that his land is holden by Copy , and that the Copyholder faith he is a Freeholder, and Iheweth a Dccde, pretending thereby to procure his land to be Freehold, and tcareth in peecesthe I court- Court Roll, this is a forfeiture Jj&/> fafio. ntp So if the Lord, upon the admit- & tance of a Copyholder ; the Fine, by ^ 0l the cuftonie of the Manor being cer- 6® taine, demandeth his Fine, and the Copyholder denieth to pay it up* who on demand, this is a forfeiture Ipfo up fatlo. jut] So if a Copyholder will fue a Re- oft plevin againit the Lord , upon the * Lords lawfull diftrefle for his Rent for or Services , this is a forfeiture lpfo hn fiUt. .» But if the Copyholder be in doubt 1,® whether it be due or not, and there- 4* fore intreatcth the Lord, that the ho- mage may inquire the truth, this is no forfeiture. jfovc If the Fine by the cuftome of the « If Manor be incertaine, though area- ,'ihtC fonable Fine be aflefled , yet becaule Jjisaf ho man can prov ide for an uncertain- > Sc ty, the Copyholder is not bound to 'b pay it prefently upon demand, but tot /hall have convenient time to diC loti charge it : if the Lord limit no cer- pr taine day for payment thereof, and con if within convenient time it be not tor i dif. harged , this is a forfeiture with- out prefentmenc. But if the Fine be unrealonable, | though it be never paid , it is no for- , feiture, and it (hall be determined by t the opinion of the Juftices before whom the matter dependeth , either upon a demurre,or in Evidence to the t jury , upon the confeflion or proofe of the yeerly value of the land, whe- 1 ther the Fine be rea(onableor not; ' for if the Lords might Aflefie unrea- ; fmable Finesattbcir pleafiires, then , moft eftares by Copy , which are a great part of the kingdom, and which have continued time out of minde, might now at the will of the Lords be defeated, and deftroyed,which would be very inconvenient. If the Lord demanded his Rent, and the Copyholder denieth to pay it, this L is a forfeiture Ipfi fatfo. So if the Copyholder faith , that hewanteth money to difeharge the Rent , and therefore intreateth the Lord to forbeare , untill he be better provided, unlefie the Lord giveth his conf nt ; this non-payment is a forfei- L cure, Ipfi fuito. (* 9 °) For a Copyholder knowing his day of payment, is to provide againftthe day ; but if the Lord commeth upon the Copyholders ground, and deman- ded! his rent , and neither the Copy- holder himfelfe , nor any other by his appointment , is there prefent to an- (wer their demand , though this bea deniall,in law, of the rent, yet this is no forfeiture. But if the Lord continueth in ma- king demand upon the ground, and the Copyholder is ftill abfent , this continuall dcniali in law, amounteth to a deniall in fatt , and maketh the Copyholders eftate fubjeft to a forfei- ture without preferment. If a Copyholder for life fuffereth a recovery by plaint in the Lords court, as Copyhold of the inheritance, this is a forfeiture Ipfifatto. But if he furrenderinFee, this is no forfeiture, becaufe it did not pafle by livery. If a Copyholder committeth wafte voluntarily or permiflively , this is a forfeiture JpfifaUe. Voluntary ,as if he plucketh down any ancient built houfe, or if he buil- deth (*9 0 deth any new houfe , and then pulleth it down againe ; or if he ploweth me- dow j fo that thereby the ground is made wor fe ; or loppeth the trees, or felleth the lopping; or if hecutteth down any fruit trees for fuell , ha- ving other wood fufh'cient , this and the like voluntary wafte are forfei- tures Pei „ as if he fuffcreth his houfe to decay, or fall to ground for want of neceflary reparations; or if he fuflfereth his niedowe9forwantof mending his bankes to be furrounded, Co that ic becomes Ru (hy } or worth nothing ; Or his arrable ground, fo to be (ur rounded , that it is become un- . profitable. Thefe and the like per- miflive waftes are forfeitures lpj 3 jacto. And thus much of afts which are forfeitures , to tnftantt , that they are c-ommited. A word of thofe Afts which are faid not forfeitures till pre- sentment. (190 Sec. LVIII. N D (uch are thole offences , which. by common preempti- on, the Lord cannot of himfelf have notice of without notice given , as if a Copyholder commitetn felony or treafon. So, ifa Copyholder be Outlawed, or excommunicatechat the Lord may have the profits of his Copyhold land , a preeminent is neceflary. So, ifa Copyholder goeth about in any other court to incitle any o- ther Lord unto his Copyhold , or if he alieneth by Deed ; thefe and the like ought to be prefcnted. Ifa Copyholder maketh a bargain and (ale of his Copy hold,and it is not inrolled according to the Statutejthis is no forfeiture; no more than a Feoff- ment withoac livery, becaule no- thing paffeth. So ifa copyholder maketh a feoff- mcnc of all bis lands in Dale, and ma- keth livery in his charter lands, no part of bis copyhold land is thereby for- (i93> forfeited • but if Livery be made in any part of the Copyhold lands, all his copyhold lands are forfeited. If a Copyholder by Deede of bar- gaine and lale inrolled according to the Statute,dothbargaine and fell all his Lands in Dale, having both Copy- hold and freehold ; his copyhold is not thereby forfeited; for the Law will conltrue this to extend to his freehold onely , rather than by any over-large conftruftion make a for- feiture in thiskinde. And if a copyholder by Deed inrol- led, bargaineth or (elleth all his copy- hold Lands in Dale , or all his Lands j in Dale generally, h aving no freehold j Lands, this is a forfeiture. Thus I have file wed you what Afts amount to a forfeiture. Now Iwilllhewyou what perfons are a- ble to forfeit. (<»♦) fflC' Sec. LIX. F nit A Man oittottfan* ntemrU, an Idi- ot,or a Lunatique,though they ^ be able to t ake aCopy hold , yet they “ arc unable to forfeit a Copyhold, becaufe they want common reafon, nay comon fenfe. ® So an Infant that is under the age offourteene, is unable to forfeit his R' copyhold, becaufe he wanteth di- dii feretion , and till then he is to be in en Ward to the next of his kindred J to whom the inheritance cannot difeendj or to the Lord, or the Bayliffe of the Manor, as the Cuftome (hall war- to| rant. So a feme covert by any Aft fhe can ofe doe of her felfe, cannot poffibly forfeit Loi her copyhold , becaufe fhe is not f«i mi jurMyfed fub poteflate viri : but if fhe ini doe any Aft which amounteeb to a foe forfeiture by the content of her hu£ 1 band, this is in her a forfeiture. con An Infant at the age of diferetion ¥ , may forfeit his Copyhold , not by of- ad fences which proceede front negli- gence 095 ) gence or ignorance , but by flich as proceed from contempt. If an Inhnt come not in to bead* mitted, according to the Cultame at three folemn proclamations made ac three feverall Courts ; or if he will fuffer his houfes to goe to ruine,or his ground to be furrounded; thefe Aft* favouring of negligence onely, are no forfeitures. So if an Infant Copyholder fueth a * Replevin againfl the Lord , upon a diftrefle lawfully taken ; or ifhe ali- eneth by Deed , or the like ; thefe AftsreWhingof ignorance onely are tio forfeitures- But if he denieth from time to time to pay the Lord the Rent, or commit- ted voluntary wafte,noc withttanding often warning given him by the Lord; thefe a&s proceeding from malice and contempt, are forfeitures ; andfo ifhe committeth felony or trea- fon. If a Guardian of a Copyholder committeth wafte, he fhall forfeit the Wardlhip onely , not the inheritance of the Copyhold. If Cejiuj que uje , of a Copyhold O 2 com- (196) committeth wafte, he (hall not forfeit c the Copyhold. If the husband committeth wafte in Copyhold lands, which he hath in t therightofhis wife; this isaforfei- r ture ofthe wives Copyhold. ! But if a ftranger committeth wafte | without the confent of the husband , 1 this is no forfeiture though the wife 1 confenteth. If a Diffeifor of a Copyhold corn* tnitteth wafte ; this isnoforfeiture. $o,if a Copyhold be lurrendred to the tife of I.S.and before admittance, J. S. committeth wafte ; ItEis is no forfeiture , for by the fame reafon thathee cannot grant before admit* tance. If two joynt T enants be of a Co* pyhold, and one committeth wafte, he forfeited) his part onely , for no man can forfeit more than hee hath granted. And therfore if there be tenant for life, with a remainder over, of aCopy- hold,and the Copyholder for life pur- chaleth the Manor, committeth wafte, or'doth any aft, which amounteth to the extinguifiunent , or the forfeiture (* 97 ) of a Copyhold , yet the remainder is not hereby touched. And fo if a Copyhold be granted I to three, babend. JucccJfme , whereby the cuftome of the Manor , this word Succejfizx taketh place , the firft Co- pyholder cannot prejudice the other two by any aft : he can doe no more, than if a Copyholder in Fee by li- cence, maketn leafe for years by Deed, or without licence by Copy , and ei- ther of thefe lefTes commiteth wafte, the reverfion is not hereby forfei- , ted. If l have two feverall Copyholds, | by two feverall Copies , and I com- mit wafte in one,this is a forfeiture of this one onely , and not of the o« . ther. And fo ifl grant thefe feverall Co- pyhold s by one Copy, yet they conti- i [ nue feverall as they did before , and j the forfeiture of the one is not the for- : feiture of the other. The feme law is , if two feverall Copyholds Efcheate to the Lord, i andheregranteththemagainebyone t Copy. And thus have I (hewed what per- O 3 ions (198) ions are able to forfeit. I will now n in a word (hew what perfbns are to f take benefit of a forfeiture. j 1 Sec. LX. 1 R Egularly it is true , that none 1 can take benefit of a forfeiture; but he that is Lord of the Manor at the time of the forfeiture. And therefore if a Copyholder nia- keth a Feoffment, and then the Lord alieneth, neither tfieTJranter, nor the Grantee can take benefit of this forfeiture, for neither a right of en- try , nor a right of aft ion can ever be transferred from one to another And therefore if a Freeholder alieneth in Mortmaine , and then the Lord gran- tethaway his Seigniory, neither the one nor the other can ever take bene- fit of this forfeiture. So ifa leflee for life committeth wafte, and then the leflor granteth a- w ay the reverfion , this wafte is made difpunifhable. But if Tenant for life be ofaMa- $ 99 ) Bof , with remainder over in Fee to a ft ranger. If a copyholder conimitteth wafte, and then Tenant for life of the Manor I dieth before entry ; yet he in Remain- der may enter, forhehadanintereft I in the Manor at the time of the forfei- ture committed , though he could notenter, by reafbn of the State in Tenant for life, which being determi- ned, his entry is now accrued unto him for the forfeiture committed in ■ the life of Tenant for life, i, And (ometimes, he that is neither i Lord of the Manor, at the time of the i forfeiture committed , nor ever > after (hall take benefit of a forfei- s ture. f As if a Lord of a Manor granteth a • Copyhold in Fee , and then granteth • the Frank Tenement, or the inhe- ritance of this Copyhold to a (Iran* M ger; the grantee, though no Lord of Cl , 4 .^ 24 ! the Manor , nor able to keepe any i Court, (hall take benefit of forfei- • lures made by the Copyholder , as if It the Copyholder doe make a Feoff- ment, Icafe, wade, deny the Rent, f kc. IV O 4 Thus (20tf) Thus have I (hewed what perfons < are able to take benefit of a forfei- ture. I will now in one word (hew t what afts amount to a confirmation of an eftate forfeited. ! Sec. LX I* I F the Lord doth any thing where- by he doth acknowledge him his Tenant after forfeiture ; this ac- knowledgement amounteth to a coiv- firmation ; as ifhe diftreynetfrupon the ground for Rent due after forfei- ture 5 oriihe admitteth after the for- feiture , or the like 5 the(e are eftop- pels to the Lord, fo that he can never enter , fo the Lord have notice of fuch forfeitures before any fuchaft, which may amount to a confirmation be done : yet fome make this diffe- rence , that thefe forfeitures onely which deftroy not the Copyhold are onely conformable by fubfequent ac- knowledgement , and [not thofe for- feitures which tend to the deltrufti- ons of a Copyhold j As if the Copy- holder , ( 301 ) holder mafceth a Feoffment ; by this the Copyholder is deftroyed , and therefore no fubfequent acknow- ledgement of the Lord will ever falvc this (ore. And this fiiall fuffice for forfei- tures. I come now in the laft place, to (hew what a&s amount to the ex- tinguilhment of a Copyhold. Sec. LXII. W fferctdever a Copyhold is be- come demilable by-Copy, ei- ther by the Aft oftheLord 3 fey th« By the Aft of the Lord ; As if a Co- pyholder Efcheateth, and the Lord granteth away any efface by Deed, this is an extingui&ment. So if hee maketha Feoffment upon condition, and then r cntreth for breach of the condition : yet the Copyhold is ex- tinguilhed, bccaufe once not deni- able. Bat ( 262 ^ Bat if the Lord keepeth the copy- hold lands, for never fo many yeares, or grameth at will, this deftroyes not the copyhold, becaufe it continue* ever demifable by copy. By the Aft of the law ; As if the copyhold efcheated be extended upon a Statute or Recognizance acknow- ledged by the Lord , or if the feme of the Lord hath this land affigned unto her for her Dower , although thefe impediments be by the aft of the law : yet becaufe they are lawfull, the land can never after be granted by C opy*' By the aft of the copyholderhim- felfe j As if he acceptech a leafe for yeares at the common law , either me- diate or immediate from the Lord of the copyhold , this is an abfolute ex- tinguifhment. But if he accepteth a Leafe for years of the Manor, the copyholder by this hath not continuance, but this is no extinguifhment, becaufe the land continueth ftill grantable by copy. If a copyholder with licence make a leafe for yeares to a ftranger 5 or without licence , make* a leafe for yeares (203) yearestothe Lord, the copyhold is not hereby extinguifhed , and yet it is not dem ilable by copy. So if a copyholder intermarrieth with a feme Seignioreffe • this it a fufc Ipenfion only of the copyhold, no cx- tinguilhment. So ifthe interruption be torciout, as the Lord be difleiled,and this dilleilor dieth felled , or if the land be recove- red by falfe verdift , or erronious judgement; and after the land is re- i continued , it is not extinguilhcd,but > may be granted arr ere by cop / ; for Hon valet impedimentum quod de jure • \ nonfirtitur q H »d c oatra It - j I gem fit pro infedo habetnr. ‘ — 1 ] j And fo I conclude with copyhol- i | ders, wilhing that there may ever be a perfeft' union betwixt them and t ' their Lords , that they may have a fee- c ling of each others wrongs and in ju- t ries ; that their fo little common It wealth , having all his members knit tj together in compieate order , may flourilh to the end. - ‘U ^XUUilO*^ And in the time of their vilitation, * they Dcur. S. 2 . ■ 111 (bine , and runne to and fro like fparks llOr,wtrt. .long the ftubble . * Mattie - 8 They * fhall judge the nations , and have * Matth.i*, (minion over the people, and their Lord (hail 2 3. gnfc for ever, 1. Cor^.a. 9 They that put their truft in him (hall un- land the truth: || and fuch as be faithfull in |Or ,&idfuch (hall abide with him : for grace and mercy *? l *farthfull 1 his faints, and h h^fhcrr' '-rhiseleft. 'fiS 10 But the * ungodly (nail be puniflif d ac- love. tding to their own imaginations , which * Matth» 25, c negieded the righteous, andforfaken the 41 '• ird. ,n Forwhofo defpifeth wifdome and nur- e, he is miferable, and their hope is vain, ir labours unfruitfull , and their works un- fitable. 'ira Their wives are || foolilh, and their chil- flOr,%&f,©r fl wicked. m ujTchafi * j TWu oitspring is curfed : wherefore fed is the barren th^t js unde filed 1 which h not known the ■■ , e fruit in the vifitation of fouls. 4 And bleffed is the * eunuch, which with * Ifa.s^- 4 * 5 , hands hath wrought no iniquity, nor ima- ed wicked things againft God : for unto afhall be given t the fpeciall gift of faith, T< 3 * iia inheritance \\ in the temple of the Lord B 0r , pte acceptable to his minde. the f eoplt. i; For glorious is the fruit of good labours: lithe root of wifdome (hall never fall away. 16 As for the children of adulterers, they dial! come to their pcrfedion, and the leed of \\Or,lep*r-^ [unrighteous bed thill be rooted out. 17 For though they live long, yet fhall they * nothingtegarded: and their laft age fhall be ithout honour, Ggg i 18 Or., V5 y ^nnc^^^ranSing not tait, they Ifi t ww ^7 •* ^j ccn yyit^ the winde : and though the fojl^ of windes they (hall be rooted S&t. f GV'fhtfr, *GCR.f. 24 » Kebr.u.;^ f The unperfeft branches (hall be brok^ off, their fruit unprofitable , not ripe to ca : ■ yea, meet for nothing. 6 For children begotten of unlawful! ]bt(M arewitneffes of wickedneffe agciinft their pii rents in their trial 1. M 7 But though the righteous be preverilL with death: yet (hall he be in reft. 8 For honourable age is not that whit:: mdeth in length of time , nor that is meafi* red by number of yeares. 9 But wifdome is the gray hair untomei f and an unfpotted life is old age. io * He pleafed God, and was beloved <6 him : fo that living among# Turners he w tranflated. i Yea, fpeedily was he taken away ,U i z For the bewitching of naughtinefie,d<|ci uuicure things that are honeft : and the wa : f Gnpeyve/u dringof concupifcence , doth f undermine t fimple mindc. Bor yfantfifi- 13 He being made |j perfeft in a fhort tiir; ed, or con - fulfilled a long time. fummatecL p or f ou i pi ea fed the Lord : therefc- bailed he io tafc him away from among tfc wicked. j i? This the people faw, and underftood- not , neither laid they up this in their mind* That his grace and mercy is with his fain: and that he hath refped unto his chofen. 1 6 Thus the righteous that is dead fh) condemnthe ungodly which are livings aj t youth that is foon perfe&ed, the many year] and old age of the unrighteous. ... f -;D^t€ous man ftand in great Iffl 5 b , efore J the face «*&ch as § have aftiictcd him, and made no account of his la sbours. ' * Whc l n 1 tbe y fee k > ^ey (hall be troubled with terrible fear, and (hall be amaaed at the (trangenelTe of his falvacion } fo farre beyond £ii that they looked for. ; b„i A f n r Ihe y re f, e r ming ’, 3nd S ronin S for an- fcuuh of fpirit,(liall fay within themfelves.This was he whom we ^ had fometimes in dcrifion and a || proverb ofreproch. ’,| 0r ... i 4* We fools accounted his life nudnelTe- “ch^ andhisendtobe without honour. 5 Chap^.i, y H°w is he nu !r , bred among the children ot God, and his lot is amongthe faints? 6 T herefore have we erred from the Way of huth and the light of righreoufnefle hath not limed unto us, and the (unne of righteoufnefle oft not upon us. • 7 We II u ur iclvcs in the Cite and defiru&ion.-yea we * ° r >#^ , rough deferts. v»Vi . have | gone our (elves, ot ir the way of the Lord 5 we have not known it, ‘ ^ 8 What hath pride profited u$?or what good ath riches with our vaunting brought us? 9 All thofe things are Spiffed away like a *t.Chron.2* ladow, and as a pofte that hailed by. y • 10 And as a fbip that paffeth over the waves if the water,which when it is gone by, the trace lereof cannot be found : neither the path- way I the keel in the waves. 11 * Or as when a birdj|hath flown through *Prov.3o,T?i [t aire, there is no token of her way to be ,jtietb. ind, but the light aire being beaten with the Dkcof her wings, and parted with the vio- it noife & motion of them is pafled through, ^ therein afterwards no figne where (he lent is to be found. ii Or r , r T -7\n0t*~ «j »^ra ^Therefore let us lie In wait for the figh-, te0l Vco b :“at to ouTa^gs: he »bnft«h j nr A . i „.,A.p T * lobn 7 - 7 - ’Ephef. 5- I 3 *Ifa.J3-3> '•“t H« ms »»a« » -o lOufalfe coin* „ " He is ^ievous unto us even to behold: for his life is nit like other mens,h« wayes are . SSSsf" ; prove what f hall happen in the en d of him 19 Let us * examine him with defpitefulj nefle and torture, that we may know his mu nefle, and prove his patience. 20 Let us condemn him with a fhamefi death : for by his own faying he fhall be r6 fpe&ed. ix Such things they did imagine, and were deceived : for their own wickedneffe hat* blinded them. 22 As for the myfteries of God, they knew them not : neither hoped they for the wages f f Gr. prefer- right eoufnefle : nor t difeerned a reward f red or ejie^v- biamelefle fouls. ed the reward z . p or God created man to be immorta 0,7. and^*. 1! an< * him to be an* ir fcccl«si7*. 3*. eternity: * Pfah **• *Jcr.II.I£ : of his ow