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 making Leases not warranted.

For the Lord of a Manor to avoid a Lease for a Forfeiture, by making a Lease contrary to the Custom,* 1.1 there ought to be direct proof made of a Lease certain, with beginning and ending certain; so to make any other act or thing a Forfeiture, this must certainly appear to the Court; and the Oath of a Stranger in the Lords Court to the Homagers, That a Copy-holder had made a Lease for ten years, that so the Homagers may find and present the Forfeiture, shall not be of force, especially the Copy-holder continuing in possession, and dy∣ing seized of his Copy-hold Estate, and this never came in question till after his death, 1 Bulstr. 189. Hamlen's Case.

Copy-holder for Life makes a Lease for a year,* 1.2 and afterwards makes a Lease to the same party for another year, to commence one day after the first year, and another Lease for another year to commence at a day after the second year, and after surrenders his Co∣py-hold to the Lord; the Lord enters and makes a Lease to the Plaintiff in the Ejectment: Per Cur. 1. Although the general Custom of the Realm allows a Copy-holder to make a Lease for one year, this ought to be in present, and

he cannot make one for another year in re∣version. 2. The Lease in reversion was a For∣feiture, and when the Surrender was made to the Lord, this Lease was void against him, and his Interest discharged without presentment and seizure for the Forfeiture, for which his Entry was lawful, and Judgment pro Quer. Jones 249. Mathews and Weston, 1 Bulstr. 215. mesme Case. Rolls Abr. 510. mesme Case.

This Case is thus Reported by Rolls: If a Copy-holder for Life agrees to make three se∣veral Leases by Indenture, the one to com∣mence after the other, there being two days between the end of the first and the commence∣ment of the seccond, and so between the se∣cond and the third, and after he executes them at one time, this is a Forfeiture; for this is ap∣parent Fraud, and a greater Estate than for one year passeth presently, Rolls Abr. 508. Ma∣thews and Weston.

If a Copy-holder makes a Lease for one year, and covenants, that after the end of this year he shall have the same for another year, and so in this manner de anno in annum, during the space of ten years; this is no such Lease as shall make a Forfeiture of his Copy-hold Estate, because he hath no lawful Lease but for one year only, 1 Bulstr. 187, 190. Hamlen's Case,. 6 Rep. 35. b. Plowd. 237. b. Cro. Jac. 301. the Lady Mountagues Case.

A Copy-holder makes a Lease for an year; excepting the last day of the year, and so from year to year, excepting the last day of every year as long as he lived: The Question was, if this were such a Lease as would cause a Forfeiture; for it was not a Lease for an entire year, neither is it a Lease for two years together: Per Cur. it is a Forfeiture. Its a cer∣tain

Lease for years excepting two days, which is a Lease in effect for more than one year, Cro. Jac. p. 308. Lutterel and Weston.

A Lease for three years by Parol is a For∣feiture, whether the Lessee enter or not,* 1.3 and this for the unlawful Contract made to the disherison of the Lord; and a Lease to com∣mence at a day to come is a Forfeiture,* 1.4 be∣cause it is not avoidable by any of the Par∣ties, Moor, n. 508. East and Harding; and so in Harding and Turpin's Case, Hetly, p. 122. If a Copy-holder make a Lease for years, to com∣mence at Michaelmas next, its a Forfeiture presently; and so Cro. El. Jackman's Case 351. A Lease for years of Copy-hold Land, by In∣denture or Parol, is a Forfeiture, unless there be an express Custom to warrant it, So Cro. El. East and Harding's Case.

The Lord licenceth a Copy-holder to make a Lease of his Copy-hold for 21 years, to be∣gin at Michaelmas following, and he made a Lease accordingly by Indenture, and also be∣fore Michaelmas by Deed made another Lease for 21 years, to begin at Michaelmas following,* 1.5 Per Anderson, the making of the second Lease was a Forfeiture; the Licence is satisfied by the first Lease, and so the second Lease is without warrant, Moor, n. 329.

If a Copy-holder Lease for three years by the Custom, and he leaseth for three years,* 1.6 and so from three years to three years, unto nine years, this is a Forfeiture, for this is a Lease for six years at least, 1 Rolls Abr. 508. Luttrel and Weston.

T. Let Copy-hold Lands to W. by Articles of Agreement, with promise and Covenant to hold for a year to halves, at such a Rent, according to the Custom of the Manor, and

so from year to year for five years; the Que∣stion was, If this be a Forfeiture? And by the Justices in C. B. 19 Car. 2. in the Case of Len∣thal and Wallop against Thomas,* 1.7 Its no Lease; A Covenant to hold to halves makes a Lease in no case. A covenant and promise that J. S. shall have my Lands for five years, may be a Lease where a Lease may be made, espe∣cially where the words Covenant and Agreed is added, but only by a favourable construction of Law, which shall never work a Forfeiture, 2 Keb. p. 267.

* 1.8Note, Lease for years by a Copy-hold, though it be a Forfeiture, yet its not any disseisin to the Lord, 8 Rep. 44. Noy, 92. Therefore In∣fant Copy-holder in Fee, leaseth for years, sans Licence, rendring Rent, at full Age he accepts the Rent, and after ousts the Lessee. The Lessee brings Ejectment, and Judgment for him, Per Cur. this Lease may be affirmed by acceptance; and agreed that such a Forfeiture doth not bind an Infant.

Notes

• * 1.1

  There must be certain proof of such a Lease.
• * 1.2

  A Lease made for years, ex∣cepting two days in each year, &c. is a Fraud, and shall be a ••orfeitu••e.
• * 1.3

  Lease Parol.
• * 1.4

  Lease to com∣mence at a day to come.
• * 1.5

  By concurrent Lease.
• * 1.6

  A Lease from three years to three years.
• * 1.7

  A Covenant and not a Lease, and so no Forfeiture.
• * 1.8

  Lease for years not war∣ranted, is no disseisin to the Lord.