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.

As to Rents reserved.

Lands at Common Law and Copy-hold Lands are leased by one Indenture,* 1.1 rendring Rent; the whole Rent shall issue out of the Lands at Common Law, and not out of the Copy-hold: But if a man leaseth Land, part of which he hath by Disseisin, rendring Rent there the Rent shall issue out of the whole Land, and by the entry of the Disseisee the Rent shall be apportionted, Moor, n. 144. Term. Pasch. 5 El.. But the Law is not so, for in Collins and Harding's Case, Moor, n. 723. the Judges were divided in Opinion about this ve∣ry point. But in Rolls 2 Abr. p. 426. it is re∣solved, That this Rent shall issue out of the Copy-hold Land as well as out of the other

Land; for a Rent may be reserved out of the Copy-hold Land, and this is such a thing to which one may resort for a Distress, Collins and Harding's Case: And this Case is farther Report∣ed by Rolls 1 Abr. p. 234. If a man Lease for years Freehold Land, and also Copy-hold Land by Licence of the Lord, reserving a Rent, and af∣ter grants the Reversion of the Free Land to another, and the Lessee Attorn, the Rent shall be apportioned, for this waits upon the Re∣version,* 1.2 vide Collins and Harding's Case also Reported in Cro. El. p. 600, 622. The Rent is∣sueth out of both, and is not like to a Lease of Lands and Goods, for all the Rent is there issuing out of the Lands, and it is now in the Hands of the Grantee, as one entire Rever∣sion,* 1.3 and he shall declare accordingly, and al∣though they be several Reversions, yet he shall declare upon the truth of the matter.

Copy-holder by Licence of the Lord de∣mised the same by Indenture to the Plaintiff for twenty years, under the Rent of 25 l. per annum, the Copy-holder surrenders the Rever∣sion of the one moiety of the same Copy-hold to the Use of one N. W. to which he was ad∣mitted, and then the Reversion of the other moiety to W. who was admitted. Per Cur. the Surrender by the name of a Reversion, is good (though the Lease is by Indenture and not by Surrender,* 1.4 which if it had been so, it had been derived directly out of the customary Estate) for still it is the Lease of the Copy-holder, and not of the Lord. Quaere, if the Copy-holder in this case should forfeit his Estate, the Lease would stand good against the Lord being by Licence? And Per Cur. the Rent is to be divi∣ded by moyeties, according to the halves of the Reversion; and in this case it was resolved

there needed no Attornment upon the Sur∣render, for the Admittance, settles the Estate,* 1.5 Hobart 177. Swinnerton and Miller.

It was said by Hale Chief Justice, That a Lease for years of Lands that are Copy-hold,* 1.6 particularly without taking notice, that this was Copy-hold, this is good for the Rent of the Copy-holder, and after the Lease spent, the Inheritance takes place, and severs the Copy-hold from being granted by Copy after, du∣ring the Lease; but when that is spent, it is well again, Sir George Sand's Case, cited in 3 Keb. p. 91. in Cholmly and Cooper's Case.

A. being a Copy-holder by Licence of the Lord, leased his Copy-hold to Smith for years, rendring Rent, and afterwards by Deed granted the Rent to another; Habend. during the term, &c. to which grant the Lessee did Attorn, and paid the Rent to the Grantee. Per Gaudy, the Grant is good, but now it is but a Rent-seek;* 1.7 the Grantee cannot have an Action of Debt for it, for he is not party nor privy to the Con∣tract, nor hath the Reversion, 1 Leon. 315. Austin and Smith.

Copy-holder makes a Lease for years,* 1.8 not according to the Custom of the Manor, yet this Lease is good, so as the Lessee may main∣tain an Ejectione firmae, for between the Lessor and Lessee and all others, except the Lord of the Manor, the Lease is good, Owen 17. Down∣ingham's Case.

Notes

• * 1.1

  Lease of Free-hold and Co∣py-hold, the Rent issues out of both.
• * 1.2

  Rent apporti∣oned.
• * 1.3

  Pleading.
• * 1.4

  Rent apporti∣oned.
• * 1.5

  Attornment.
• * 1.6

  Lease of Co∣py-hold with∣out taking no∣tice that it was Copy-hold.
• * 1.7

  Rent-seek.
• * 1.8

  How a Lease not warranted is good.