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.

CAP. XXX. (Book 30)

Of Copy-holders being Impleaded and Im∣pleadable in the Lords Court, Vide su∣pra, Tit. Customs.

COpy-hold Lands are as the Demesns of the Manor, and are the Lords Freehold, and therefore are not impleadable, but in the Lords Court Croke Jac. 559. Pymmock and Hilder.

One recovered certain Copyhold Lands in the Court of the Lord of the Manor, by Plaint, in the nature of a Writ of Right. A Precept can∣not be made and awarded out of the Court, to execute the said Recovery,* 1.1 and to put him who recovered into possession, with the Posse Manerij; for force in such cases is not justi∣fiable, but by command out of the Kings Courts, 3 Leon. 99.

A Woman recovered Dower of a Copy-hold within the Manor, and 40 l. Damages,* 1.2 and she brought Debt for the Damages, in B.R. Per Cur. it lyes not, because the Court Baron cannot hold Plea, nor award Execu∣tion of 40 l. Damages, though the Damages were there well assessed; and because no Writ of Error, or Faux Judgment lyes upon such a Recovery of a Copy-hold, but only a Petiti∣on to the Lord of a Manor; so that Copy-hold Plaints are not within the Jurisdiction of this Court of Kings-Bench, Moor, n. 559. Shaw and Tompson.

If an erroneous Judgment be given in a Copy-hold Court of a common Lord, in an Action in nature of a Formedon, a Bill may be

exhibited in Chancery,* 1.3 in nature of a Faux Judgment, to reverse this, Pateshall's Case in Scaccario, 1 Rolls Abr. 373. and Co. on Lit. p. 60. a. He cannot have the Kings Writ of false Judgment in respect of the baseness of the Estate and Tenure, being in the Eye of the Law but a Tnant at Will, and the Freehold being in another: But he may have a Peti∣tion to the Lord, in the nature of a Faux Judgment, and therein assign Errors, and have Remedy according to Law, 4 Rep. 21. Brown's Case.

Fenner said he had seen a Record 36 H. 8. where the Lord by Petition to him, had for certain Errors in the Proceedings, reversed such Judgment given in his own Court.

Now real Pleints are in the Lords Court, are in this Form,

A. de B. queritur versus C. de D. de placito ter∣rae, videlicet de uno Messuagio quadraginta Acris ter∣rae, &c. cum pertin. & fecit protestationem sequi querelam istam in natura Brevis Domini Regis As∣sisae mortis Antecessoris ad communem Legem (vel Brevis Domini Regis Assisae novae disseisinae ad com∣munem Legem) aut in natura Brevis de forma do∣nationis in discendere ad communem Legem, (and so in the nature of any other Writ, &c.) ple∣gii de prosequendo, F. G. &c.

Notes

• * 1.1

  Posse Manerij.
• * 1.2

  40 l. Damages recovered, yet no Execution or remedy, but by Petition.
• * 1.3

  Faux Judg∣ment, how re∣lieved.