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.
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Title
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.
Author
Carter, Samuel, barrister at law.
Publication
London :: Printed by the assigns of Richard and Edward Atkins ... for John Walthoe and are to be sold in his shop ...,
1696.
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Subject terms
Copyhold -- Early works to 1800.
Conveyancing -- England -- Early works to 1800.
Conveyancing -- Early works to 1800.
Landlord and tenant -- England -- Early works to 1800.
Landlord and tenant -- Early works to 1800.
Link to this Item
http://name.umdl.umich.edu/A34802.0001.001
Cite this Item
"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." In the digital collection Early English Books Online. https://name.umdl.umich.edu/A34802.0001.001. University of Michigan Library Digital Collections. Accessed June 7, 2024.
Pages
Who shall take advantage or enter for a Forfeiture, and of what Forfeitures or not.
* 1.1It was a Question in East and Harding's Case, If the dismembring of the Inheritance of the Copy-hold Land by the Feoffment of the Ma∣nor, had disabled from taking the advantage of the Forfeiture. It was ruled with this diffe∣rence, that all Forfeitures which accrew by rea∣son of any matters of the Court, are dischar∣ged, but not Forfeitures at Common Law, as Waste, or Leases made to the disherison of the Lord, but the Feoffee of them made in his time, shall enter and take advantage thereof, Moor, n. 508.
* 1.2Lessee for years of a Manor shall take ad∣vantage of a Forfeiture committed by a Co∣py-holder, for he is Dominus pro tempore, East and Harding's Case: So Tr. 10. Jac. B. C. Rowls and Mason. Lessee for years shall take advan∣tage of a Forfeiture by waste, after his Lease, made, and before the commencement of his Term, Moor, n. 508.
descriptionPage 213
If the Lord of a Manor, in which are Co∣py-holders, Tenants of the Manor, and the Lord grant to a Stranger the Free-hold of a Co∣py-hold in Fee, although by this his Tenement is divided from the Manor, and not demi∣sable per Copy again; yet the Grantee of the Free-hold shall take advantage of a Forfeiture committed after by the Copy-holder, for he ought to pay his Rent to the Grantee. So in this case, if the Grantee of the Frank-Tene∣ment make a Lease for years of the Frank-Tenement, this Lessee for years shall take ad∣vantage of a Forfeiture committed after by the Copy-holder, for that he is Dominus pro tempore, 1 Rolls Abr. 509. East and Harding, Cro. El. 499. mesme Case. For Copy-holder as to the Forfeiture of his Estate, remains in all de∣grees as before the severance thereof from the Manor.
If a Copy-holder makes a Lease for years,* 1.3 which is a Forfeiture at Common Law, and af∣terwards the Lord make a Feoffment, or a Lease for years of the Free-hold of this Copy-hold to another, the Feoffee or Lessee shall not take advantage of it, for the Lease of the Free∣hold made by the Lord before Entry, is an assent that the Copy-holder shall continue his Estate, and so is in nature of an affirmance, or confirmation of the Lease, Owen, p. 63. Pen and Merival: But
If the Lord of a Copy-holder for Life,* 1.4 Lease the Copy-hold for years, to commence after the end, forfeiture or determination of the Te∣nant for Life, and after the Tenant for Life commits a Forfeiture, by making a Feoffment, if the Lord will not enter for the Forfeiture, yet the Lessee for years may, 8 Rolls Abr. 858. Mere and Ridealt.
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* 1.5Copy-holder for Life, the Remainder for Life commits a Forfeiture, he in the Remain∣der shall not enter, but the Lord, because the Remainder is to commence in possession after the death of the Lessee by the Custom.
Notes
* 1.1
After a Copy-hold is dis∣membred from the Manor, yet of what Forfeitures, the Grantee or Feoffee shall▪ take ad∣vantage.