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.

Relief as to Surrenders, Purchases, Agreements, Trusts, Rolls lost, and Rents Arrear.

It is Decreed, in the Case of Greenwood cont. Hare, 18 Car. 2. That where one was a Copy-holder for the Lives of himself and his two Sons, and he paid the Fine, and afterwards covenanted and agreed with the Plaintiffs Fa∣ther to Surrender his Title and Interest in the Premisses, to the Plaintiffs Father, and his Heirs. Copy-holder dies before any Surrender. The Plaintiffs Father dyes; he Exhibits his Bill to have the Premisses surrendred according to the Agreement, the Purchase-mony having been paid by the Plaintiffs Father. The Court considering, That by the Custom the Defen∣dants Father could have surrendred all the three Lives; and though it was not a Copy-hold in Fee, yet it was decreed, That the Agree∣ment should be performed, and that the De∣fendant do Surrender to the Plaintiffs Use, and an Injunction for quiet enjoyment.

A Woman Copy-holder for Life, took an Husband, and the Reversion of the said Copy-hold was granted to three, viz. A. B. C. cum acciderit, by Surrender or Forfeiture, for their Lives successive, according to the Custom. The Husband doth Surrender to the Use of A. for Life, to whom the Lord doth grant a Copy accordingly. A. and B. dye, and the Opinion of the Court was, That C. hath no right to be admitted by the Law, nor in Conscience; for that after the death of the Husband, the Wife may enter, and have a Plaint in nature of a Cui in vita contradicere non potest; and du∣ring the Husbands Life, the Lord may have it in the nature of an Occupancy. But the

Case did proceed farther (viz.) That the Hus∣band and Wife were willing to release all the Right of the Wife to the surviving Reversio∣ner, and the Lord would not receive it, nor hold a Court. But it was decreed, That the Lord should hold his Court, and accept their Conveyance, or else avoid the Possession there∣of, Dyer 246. a.

Where the Lord grants the Reversion of the Copy-holds, the Tenant cannot Surrender, there being no Dominus servitiorum as the Cu∣stom will warrant, and he cannot pass his Estate any way, but by a Decree in Chancery, and this will bind the person only, 4 Rep. p. 25. in Murrel's Case, vide supra.

Copy-hold Tenant in Fee surrenders to the Use of one for Life, Remainder to B. in Fee. Tenant for Life dies, and B. pays no Fine for his Admittance, but after dies, and this descends to his Son; and after his Son surrenders to the Use of J. S. in Fee, and no Fine paid for it, and also the Rents for divers years are behind; and after the Lord grants the Manor in Fee to J. B. and after sues in a Court of Equity for the Fines and Rents due before the Sale of the Manor, and alledgeth in his Bill, That the Copy-holder had Free Land intermixed with the Copy-hold Land, so that he could not know where to Distrain for it; yet he shall not be relieved in Equity for this, for it is against a Maxim in Law, for as much as by his own Act he had destroyed his Remedy, P. 10 Car. B. R. Serjeant Hicham Plaintiff, and Finch and Block Defendants, and a Prohibition was granted to the Court of Requests, where the Suit was.

Gold versus Dore, Martis 23. Oct. 2 Jac. The Plaintiff delivered to the Defendant an 100 l. to buy a Copy-hold in the Defendants Name, but to the Plaintiffs Use, because there were dif∣ferences between the Lord of the Manor, and the Plaintiff, so as the Plaintiff had no hopes to prevail for himself; and when the Copy-hold should be obtained, then the Trust was, That the Defendant should Surrender the same to the Use of the Plaintiff. The Defendant accordingly bought the Copy-hold, and took it in his own name, and his Childrens, but afterwards would not surrender it to the Use of the Plaintiff, notwithstanding the same was bought with the Plaintiffs mony; for this the Plaintiff Exhibited his Bill in Chancery, and this appearing to be the true state of the Case, my Lord would not relieve the Plaintiff, be∣cause he said he would never ground a Decree upon a Lye, a Falsity, it appearing to him that this packing was used to thrust a Tenant upon the Lord, whom he liked not; and so dismist the Cause.

Tracy versus Noel, M. 2 Jac. A Copy-holder of Inheritance took a Lease for years of his Copy-hold from the Lord of the Manor; the Lord sold his Manor to J. S. who had notice of this Copy-hold of Inheritance; yet would not this Court relieve the Copy-holder, his Lease being ended, for by Law his Copy-hold Estate is determined.

Robes Purchased the Inheritance of a Copy-hold in the Name of B. and another in Trust. B. surrendred his moiety to the Use of his own Son, and the other died seized. The Son of B. and the Heir of the other for mony sold the Copy-hold to C. for 50 l. being of the value of 80 l. Robes sued the Son of B. and

the Heir of the other, and C. in Chancery, for the 80 l. It was decreed, That A. should re∣cover this 50 l. only from B. and the Heir of the other, and C. should be discharged of it, and hold it in peace. But if notice had been proved in C. Robes shall have the Land, and no recompence for the over-value was given against the Vendors, because no Fraud, Moor Rep. n. 745. Kobes, Bent and Cock's Case.

A Copy-hold devised without Surrender, it cannot be executed in point of Interest, but only by Decree in Chancery, by a Concessum, in 2 Keb. 837. Harrison's Case.

A Copy-hold granted at a Court kept out of the Manor, confirmed against the Lord who made it, Tothil 107. Mark contra Suliard.

In Corbet and Peshal's Case, 12 Jac. it was Or∣dered, That Court Rolls should be brought and shewed to Councel, to shew which is Copy-hold and which is Free-hold.

Sterling's Case, a Composition formerly made between Lords and Tenants, Decreed to bind a Purchasor or an Heir, 9 Car.

If an erroneous Judgment be given in a Copy-hold Court of a common Lord, in a Formedon, a Bill may be exhibited in Chan∣cery, in nature of a Faux Judgment, to reverse it, Pateshull's Case in Scaccario, 1 Rolls Abridgment 373.

Copy-holder ought not to be admitted to a Copy-hold Estate by Letter of Attorny, for he ought to do Fealty at the time of his Ad∣mittance, which must be done in person, 21 Car. 2. Flyer and Hedgingham.

Smith contra Sallet, 24 Car. 2. Fines of Co∣py-holders whether certain or arbitrary, it ha∣ving been tryed at Law, and in two Tryals Verdict for Fines certain; This Court would

not relieve the Plaintiff, other than for the preservation of Witnesses, and so dismist the Plaintiffs Bill; it being to have an Issue di∣rected to try whether certain or not.

Morgan versus Scudamore, 29 Car. 2. The Lord was limitted to a two years value for a Fine, though the Fines were Arbitrary; and the Custom was to renew but every 99 years; but the Copy-holders decreed to renew their Estates within one year after the Term.

Barker contra Hill. 33 Car. 2. Upon a Con∣tract for Copy-hold Estate, and Purchase-mony paid, the bargainor dies before Surrender; his Heir decreed to Surrender.

Nayler contra Strode, The Surrender of a Co∣py-hold Estate, by an Infant of 5 years old al∣lowed by this Court.

Notes

• Defendant de∣creed to sur∣render accor∣ding to an Agreement.
• The Lord Decreed to hold a Court.
• Copy-hold Estate in some cases not to be passed but by Decree.
• Fines and Rents arrear not relieved after Sale of the Manor.
• Trustee refu∣sing to surren∣der according to his Trust, not relieved.
• Copy-holder in Fee takes a Lease, the Ma∣nor is sold. Copy-holder not relieved, though the Purchaser had notice.
• No Recom∣pence for the over-value of an Estate, be∣cause no Fraud.
• Copy-hold de∣vised without Surrender, ex∣ecuted by De∣cree in Chan∣cery.
• A Copy-hold granted out of a Manor, con∣firmed.

  Court Rolls produced.
• Composition Decreed.
• Bill in Chan∣cery to re∣verse a Faux Judgment in the Lords Court.
• Admission by Letter of At∣torny.
• Fines certain, or not having been tryed at Law, no far∣ther Relief here.
• The Lord li∣mitted to a two years full value for a Fine.
• Heir Decreed to surrender upon a Con∣tract with the Ancestor.

  Surrender by Infant of five years old.