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.

What Actions a Copy-holder may bring against his Lord and what not.

Copy-holder doing and paying the Customs and Services; if he be ejected by his Lord, he shall have an Action of Trespass against him, Co. Lit. 60. b. 61. a. 4 Rep. 22. a. For though he is Tenens ad voluntatem Domini, yet it is Secun∣dumconsuetudinem Manerij.

He shall have Trespass against his Lord, for cutting of Trees, or breaking his House; in the Case of Stebbing and Gosnel, 1 Rolls Abr. 108.

The Custom was, That every Copy-holder in Fee shall have the Loppings of the Pol∣lingers. The Lord cuts down two Oaks, and in his Plea to an Action sur Case, saith, he cut down two Oakes being Pollinger Timber Trees, and left the Loppings there for the Plaintiff. On Demurrer it was adjudged for the Plain∣tiff; for a Copy-holder of Inheritance hath in∣terest in the Loppings and Boughs, as well as the Lord in the Timber. And if the Lord shall cut down all the Timber Trees, than the Co∣py-holder shall lose the Profit, Cro. El. p. 629. Moor, n. 727. mesme Case, 1 Rolls Rep. Ford and Hoskin's Case.

Nay the Action of Trespass by a Copy-holder in Fee against his Lord for cutting down the Trees, lyes at Common Law, without any spe∣cial Custom, for the Copy-holder hath a spe∣cial property therein, and the Lord a gene∣ral property; the Lord may as well subvert the Houses, as cut down the Trees, for with∣out them the Copy-holder hath no means to Repair it, 2 Brownl. 328. Heydon and Smith, and in Doyle's Case, Mich. 25. and 26 El. it was ad∣judged, where it was a Custom that the Co∣py-holder might cut Maremium to Repair, if the Lord carry it away, an Action of Trespass lyes against him by the Tenant, in Taylor's Case, Pasch. 36. Eliz.

A man was Tenant by Copy of Court Roll of Wood, and the Soyl was excepted to the Lord, and yet the Copy-holder maintained an Action of Trespass against the Lord for cutting his Wood, Moor, n. 480.

If a Stranger cut a Tree, the Lord shall have one Action and the Copy-holder another, and each one shall recover Damages according to his Interest. Vide Leon. 1. 272.

Copy-holder dyes, Lord admits a Stranger, the Heir may enter, and upon a re-entry, main∣tain Trespass without Admittance, Noy, p. 172. Simpson and Gillion. Vide Admittance.

Action on the Case against the Lord, lyes not for non-Admittance.

A Copy-holder in the Eye of the Law, is but Tenant at the Lords Will; and if the Lord will not hold Court, he hath no remedy to compel him but by order in Chancery, Cro. Jac. p. 368. Ford and Hoskins: No Action on the Case by a named Successor.

Surrendror may have an Action on the Case for not admitting, but not the Surrendree, 2 Keb. 357. Quaere.

The Demandant in a Pleint in nature of a real Action, recovereth the Land erroneously, with remedy for the party grieved; for he cannot have the Kings Writ of faux Judgment, in respect of the baseness of the Estate and Tenure, being in the Eye of the Law but a Tenant at Will, and the Freehold being in ano∣ther; yet he shall have Petition to the Lord, in nature of a Writ of faux Judgment, and there∣in assign Errors, and have remedy according to Law, Co. Lit. 60. And if there be cause, the Judgment may be reversed.

Tenant by Copy shall not have Assise against his Lord (as Tenant in ancient Demesn shall have) because he hath no Frank-Tenement, 4 Rep. 21. but he shall be relieved in Equity, Tothil, p. 108.

Notes

• Trespass upon Ejectment by the Lord.
• For cutting Trees.
• Trespass by the Lord and the Copy-holder for cutting down Trees.
• For non-Ad∣mittance, no Action by Surrendree.
• By Surren∣dror.
• Remedy in faux Judg∣ment.
• Assise.