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.

By whom made.

* 1.1If a Bishop let Copy-hold Land for Life, rendring the ancient Rent; its not good, be∣cause the Successor cannot Distrain the Co∣py-holder for Rent; but if it be of a Manor to which a Copy-hold belongs, its good, Lit. Rep. 305. in Sheers Case.

Dean and Chapter of Worcester, Lord of a Manor in jure Ecclesiae, of which Manor H. G. was a Copy-holder for Life of Lands, under the Rent of 8 s. 8 d. per annum, payable Quar∣terly, and Herriotable at the death of the Te∣nant; the Copy-holds were by the Custom grantable for three Lives, they demise the said Lands to H. G. and his Assigns, for the Lives of R. J. and M. and the survivor of them, ren∣during 8 s. 4 d. per annum, at two Feasts. Que∣stion was, if this Lease were good, or might be avoided by the Successor? Per the Statute 13 Eliz. Cap. 10. It was resolved. 1. The Lease was good, though it was made pur auter vies, and that the Occupants shall be punishable for Waste. 2. Customary Demises are within this Law,* 1.2 for this Estate granted by Copy was in judgment of Law an Estate at Will, and without doubt Lands which have been ac∣customed to be demised at will by those which have the Inheritance of the Land, rendring rent, are Lands accustomably let to Farm with∣in the said Act. 3. The said Act of 13 El. doth not avoid the Lease, if the accustomed yearly Rent, or more be reserved, and for that an Herriot is not a thing Annual, nor a thing depending on the Rent, it sufficeth if

the Annual Rent be reserved, 6 Rep. 37. Dean and Chapter of Worcesters Case, Cro. Jac. 76. Baugh and Heyns, mesme Case.

As to Leases by Bishops of Manors consisting of Copy-hold Lands, and Services of Free-Te∣nants, and reserving the ancient Rent, vide 3 Keb. 372. Mod. Rep. 203. Threadneedle and Lynham.

Infant Copy-holder in Fee leaseth for years,* 1.3 without Licence by parcel, rendring Rent,* 1.4 at full Age he accepts the Rent, being admitted to the Copy-hold, and after ousts his Lessee. Lessee brought Ejectment, Judgment for the Lessee: Per Cur. this Lease for years is no Dis∣seisin to the Lord, though it may be a For∣feiture, and this Lease is not void but voida∣ble, and may be affirmed by acceptance, Noy, p. 92. Ashfield's Case, Lach. p. 199. Vide Rolls Rep. 256.

By a Copy-holder or Heir before Admittance, vide Admittance.

Notes

• * 1.1

  Ecclesiastical person.
• * 1.2

  Customary demises are not in the Statute 13 Fl. cap. 10.
• * 1.3

  Infant.
• * 1.4

  Lease affirmed by acceptance.