Lex custumaria, or, A treatise of copy-hold estates in respect of the lord, copy-holder wherein the nature of customs in general, and of particular customs, grants and surrenders, and their constructions and expositions in reference to the thing granted or surrendred, and the uses or limitations of estates are clearly illustrated : admittances, presentments, fines and forfeitures are fully handled, and many quaeries and difficulties by late resolution setled : leases, licences, extinquishments of copy-hold estates, and what statutes extend to copy-hold estates are explained : and also of actions by lord or tenant, and the manner of declaring and pleading, either generally or as to particular customs, with tryal and evidence holder may recieve relief in the Court of Chancery : to which are annexed presidents of conveyances respecting copy-holds, releases, surrenders, grants presentmets, and the like : as also presidents of court rolls, surrenders, admittances, presentments, &c. / by S.C., Barister at Law.

Court. The Nature of a Court Baron, and who may keep Courts or not.

A Manor cannot be without a Court Baron, Vide supra, it is inseperably incident to a Manor, without any Grant from the King to keep the same, and this is not drawn from the Crown, but is to be held de necessitate, 1 Bulstr. 6. The King and Stafferton.

The Court Baron must be holden within the Manor,* 1.1 for if it be holden without the Manor, it is void; unless a Lord being seized of two or three Manors, hath usually, time out of mind, kept at one of his Manors Courts for for all the said Manors; then by Custom such Courts are sufficient in Law, albeit they are not holden within the several Manors, Co. Lit. 58. a.

There may be a customary Manor held by Copy, and such a customary Lord may keep Courts and grant Copies, 11 Rep. Nevil's Case, Cro. Jac. 260. contra.

Now there are two sorts of Court Baron,* 1.2 one at Common Law, incident to every Ma∣nor, and is of Freeholders, and the Freehold∣ers are Judges. There is also a customary Court, consisting of customary Tenants, for without them it cannot be, and this Court may be holden without any Free Tenants, or other Suitors, except Copy-holders, and of this Court the Lord or his Steward is Judge, Co. Lit. 58. And when the Court Baron is of this double nature, the Court Rolls contain matters ap∣pertaining to both.

* 1.3An Honour consists of many Manors, yet all the Courts for the Manors are distinguished, and have several Copy-holders, and though there is for all the Manors but one Court, yet are they quasi several and distinct Courts;* 1.4 and so it was usually in the time of the Ab∣bots, they kept but one Court for many Ma∣nors, Cro. Car. 361. Seagood and Hone.

When the Lord of a Manor having many ancient Copy-holds in a Vill, grants the Inhe∣ritance of all his Copy-holds to another,* 1.5 the Grantee may hold Court for the customary Tenants, and accept of Surrenders, and make Admittances and Grants; for although this is not a Manor in Law, because there want Free∣holders, yet there may be holden a Court for Copy-holders, and the Lord or Steward is Judge. And as the other being a Court Baron may be called the Freeholders Court; this may be called the Copy-holders Court, so if all the Freehold do Escheat, or if the Lord release the Tenure and Services of all his Free Tenants, yet the Lord may hold a customary Court for his Copy-hold Tenants So if the Lord demise all his Lands granted by Copy to another, for a thousand years, such Lessee may hold Court for the Copy-holders, 4 Rep. 26 Melwich's Case, and Sir Chri∣stopher Hatton's Case, cited in Neal and Jackson's Case. 27. These number of Copy-holds may support a Custom, but a single Copy-hold can∣not hold a Court.

Tenant at Will of a Copy-hold Manor, may grant Copyhold Estates, but cannot keep Courts.

Guardian in Socage keeps Courts in his own name, and grants Copies, its good, and shall bind the Heir. Vide Tit. Grants, Cro. Jac. 55, 98. Shopland and Rider.

The Lord himself may Grant or make Ad∣mittance out of the Manor, at what place he pleaseth, but so cannot the Steward, 4 Rep. 26. Melwich's Case. 27 Clifton and Mollineux;* 1.6 but by Custom the Court may be held out of the Manor, and Grants and Admittances there made, be good; as divers Abbots, Priors, &c. have kept one Court for many Manors.

Notes

• * 1.1

  Where to be held.
• * 1.2

  Two sorts of Court Baron.
• * 1.3

  Honour, what?
• * 1.4

  One Court kept for many Manors.
• * 1.5

  Customary Court, how made and may be held.
• * 1.6

  Court may be held out of the Manor by Custom.