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.

Where in Pleading the Commencement of the. Estate must be shewn, or by whom granted, or not.

* 1.1Replevin, the Plaintiff in bar to the Avowry shews that the Land was Copy-hold Land, grantable in possession or reversion for Life or in Fee, and that the Lord granted the Rever∣sion to him after the death of W. who was Tenant pur vie, and shews the death of W. whereby he entred. And demurred, because he did not shew the beginning of W. his Estate, nor by whom W. had the Estate granted him. Per. Cur. this is no cause of Demurrer, be∣cause it is not the Plaintiffs Title, but matter of Conveyance thereunto, Cro. Jac. 52. Lodge and Fry.

* 1.2If one pleads Seisin of a Copy-holder in Fee, and claims under him; he ought to shew of whose Grant, as he ought to shew of any other particular Estate; but perhaps that is so ancient that it cannot be shewn who was the first Grantee, yet it was held suffici∣ent to shew the Admittance of the last Heir, which is in nature of a Grant, and may be pleaded by way of Grant, Cro. Jac. 103. Pyster and Hembling.

In Trespass the Defendant justifies he con∣fesseth the Close to be Copy-hold Land, but pleads, That long time before it was parcel of the Manor of, &c. and that long before the

supposed Trespass, one Pole and M. his Wife was Lord of the Manor in right of his Wife for Life, remainder to Stephen in Tayl, and he made a Lease of this Land to the Defendant; its an ill Plea, because the Defendant hath not shewed (as he ought) how Pole and his Wife came to this Estate for Life, the remainder over; they ought to shew how this particular Estate hath its commencement, they claiming a de∣rivative Estate from Pole and his Wife for years, 3 Bulstr. 281. Sandford and Stephens.

None may entitle himself to any Copy-hold but he ought to shew a Grant thereof. In Tres∣pass the Plaintiff in his Rejoynder intitles him∣self, because the place where is customary Land, parcel of such a Manor, whereof J. S. is seiz∣ed in Fee, and demisable by Copy at Will in Fee; and that J. N. was seized in Fee, by Copy, &c. and dyed seized, so as it descended to two Daughters, as Heirs of J. N. and that at such a Court Dominus concessit eis extra manus suas, &c. Habend. & tenend. Tenementa praedicta, to the said Daughters and their Heirs, whereby they were seized in Fee, and afterwards demised to the Plaintiff for years. The Plaintiff hath not made a good Title; and he shewing such an one was seized in Fee, without shewing the Grant thereof, Per Cur. its not good, Cro. Car. 190. Shepherd's Case; yet it was but default of form, and Issue, for the Plaintiff being found, it is a Jeofail.

Notes

• * 1.1

  In matter of Conveyance to a Title, need not shew the Convey∣ance.
• * 1.2

  Admittance of the last Heir to be shewed instead of an ancient Grant.