The relation betweene the lord of a mannor and the coppy-holder his tenant. Delivered in the learned readings of the late excellent and famous lawyer, Char. Calthrope of the Honorable Society of Lincolnes-Inne Esq; whereby it doth appeare for what causes a coppy-holder may forfeite his coppy-hold estate, and for what not; and like wise what lord can grant a coppy, and to whom. Published for the good of the lords of mannors, and their tenants

THAT A CVSTOME OVGHT to consist of perdurablenesse of Estate, and of an able capacity.

TO those former parts whereupon I have declared a good Custome to consist, may be added to eyther parts, viz. That he which will claime by Custome, must have a suffi∣cient and perdurable estate to prescribe; and also in his owne right, or in some others, a sufficient ability or capacity to prescribe.

Touching the first, it is to be understood that hee which will prescribe, must have a certaine and indefeazable estate, and not o∣therwise. As if a Tenant at Will, or at Suf∣ferance, after hee hath occupied the Land for ten yeares, will prescribe to have the same for ten yeares, this is not good. But a Tenant at Will after the Custome, although he came in at the first by the Lords will, yet doing and paying that which hee ought, hee may pre∣scribe to hold the Land whether the Lord will or no: And although a Coppy-holder may prescribe in this forme against his Lord,

yet against an Estranger, for a common or such like kind of profit, hee cannot prescribe, b••t in the right of the Lord: neyther yet can a Tenant for life, or for yeares, prescribe in the right of their owne Estate onely, because it lacketh continuance to make a custome or prescription (except) in some cases of necessi∣ty, the Lord of a Mannour, or of a Patronage for yeares or life, may grant a Coppy in per∣petuity or presentation for a longer time then the estate of the Grantor doth continue, and this is admitted, causa necessitatis, and not Iure prescriptionis.

To the second, Capacity must be in him∣selfe that doth prescribe; which Ability and Capacity must consist in the person of him that doth prescribe: For as prescription may be sometimes in respect of estate, Mannour, Lands, or Offices; so may prescription some∣times be in respect of person, which person is not to be understood of a private person; but of a body Politicke, not that many persons may prescribe, except the same be incorpo∣rate; and to prescribe in respect of their in∣corporate Capacity, and not in respect of their private Capacity. As if the Inhabi∣tants of Dale will prescribe to have Common in the Soyle of S. this is no good prescription;

for that they be not Incorporate, they must prescribe that H. Lord of the Mannour of Dale, for him and his Tenans within the said Mannour, have used to have Common within the sai Soyle: so is it for Coppy∣holds, for they must prescribe in the name of their Lord, in such a case.

If a man prescribe that hee and his Ance∣stors have had such an Annuity, this is not good: But if a Bishop doe prescribe that hee and his predecessors have had such an annuity this is good.

The pleading of Prescription must bee u∣sed in forme of Law, as other matters that be pleadable, and forme must be used (like∣wise) in pleading of Coppy-holds, and other Customary Titles for avoyding of confusion and discord, as well as in other cases of the Common Law, the forme of pleading pre∣scription doth differ as the quality of the thing, whereof prescription is made, and som∣times doth differ, as the persons doe differ which make the prescription: As if a Coppy∣holder makes his Title to his Land by prescrip∣tion; he must plead that the same Land is, and hath bene time out of minde Demised and De∣miseable, by the Coppy of Court Role; ac∣cording to the custome of the Mannour wher∣of it is holden.

If two men as yonger brethren will make their Title to Land in Gavell-kinde, they must say, that the same Land is of the Tenure and Nature of Gavell-kinde, which time out of minde, have bin parted and partable between Heires males.

So if the yongest Sonne maketh his Title to Land in Borough English, he must plead, that time out of minde, the Custome of the said Mannour hath bin, that when, or at what time soever, a Coppy holder dyeth Seised of any Coppy-hold Lands in the same Mannour, ha∣ving divers Sonnes, that the same hath used Iure Hereditario, to descend unto the young∣est Sonne, &c.

And as the forme doth differ in the things wherof the Prescription is commonly made; so doth it differ as the Persons do differ, which prescribe as a private person shall prescribe in him and his Ancestors, whose estate he hath. An Incorporate person in him and his Prede∣cessors. A Lord of a Mannour in him and them which were Lord of that Mannour.

A Sheriffe, in him and those which have beene Sheriffes of the same County.

A Steward of a Mannour in him and those which have beene Stewards there.

A Free holder in him and them which have beene Stewards to the said Lord.

A Coppy-holder shall Prescribe against an Estranger, that the Lord of the Mannour, for him and his Tennants at will, have used the like, &c.