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.

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Title
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.
Author
Carter, Samuel, barrister at law.
Publication
London :: Printed by the assigns of Richard and Edward Atkins ... for John Walthoe and are to be sold in his shop ...,
1696.
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Subject terms
Copyhold -- Early works to 1800.
Conveyancing -- England -- Early works to 1800.
Conveyancing -- Early works to 1800.
Landlord and tenant -- England -- Early works to 1800.
Landlord and tenant -- Early works to 1800.
Cite this Item
"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." In the digital collection Early English Books Online. https://name.umdl.umich.edu/A34802.0001.001. University of Michigan Library Digital Collections. Accessed May 15, 2024.

Pages

A Covenant (in nature of a Mortgage) upon a Surrender of Copy-hold Land, to pay mony at a certain time.

This Indenture made, &c. between Sir T. D. of P. &c. of the one part, and I. H. of, &c. of the other part, Witneseth, That whereas the said Sir T. D. hath now lately surrendred into the Hands of the Lord or Lords of the Manor of W. in the said County of S. by the Rod, according to the Custom of the said Manor, by the Hands and acceptanc of R. C. and E. M. two of the customary Tenants of the said Manor, all that Messuage, &c. To the Use of the said I. H. his Heirs and Assigns, to hold according to the Custom of the said Manor, with a proviso, and upon condition, That if the said Sir T. D. his, &c. shall and do well and truly pay or cause to be paid, &c. at, &c. then the said Surrender to be void and of none effect, as by a Note or Memoran∣dum of the said Surrender taken out of the

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Court, the day of the date hereof, (relation, &c.) more plainly appeareth.

Now the said Sir T. D. doth for himself, his Heirs, Executors, and Administrators, Cove∣nant, &c. to and with the said I. H. his Exe∣cutors and Administrators, by these presents (to pay the Mony) at the day and place, and in manner and form in the said Proviso or Con∣dition of the said Surrender before recited, li∣mited and appointed for the payment thereof.

And farther also, That the said Sir T. D. at the time of the making of the said Surrender before recited, had a good Estate of Inheritance in Fee-simple, according to the Custom of the said Manor of W. of and in all and sin∣gular the said Messuages, &c. before mentio∣ned to be surrendred; and had good right, and lawful and absolute power and authority in himself to surrender the same, and every part thereof, unto the said I. H. and his Heirs in man∣ner and form aforesaid; and that the same are free from all former Surrenders and Incumbran∣ses whatsoever.

In default of payment, I. H. and his Heirs to enjoy the Premisses for ever.

After default in payment, Sir T. D. cove∣nants for farther Assurance — be it by Fine or Recovery, according to the Custom of the said Manor, Surrender, Release or Confirma∣tion, or all or any of the said wayes or means in the Law whatsoever, as by the said I. H. his Heirs or Assigns, or his or their Councel learn∣ed in the Law, shall be reasonably devised, advised or required.

Till default of payment I. H. to permit and suffer Sir T. D. to enjoy, &c.

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