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.

THE INDEX.

A.

• ...ADmittance.
• The nature and effect of Admittance upon a Surrender 143
• Of what force the Surrender is till admission ibid.
• Where the Lords Admittance of a Copy-holder in other manner then agrees with the Surrender shall be good, and how it shall enure. 142
• Admittances that differ from the Limitations alter not the Estate Surrendred 145
• The Lord compellable to make Admittance, though not a Grant 157
• The Law vests the Estate in a Woman that is to hold durante viduitate before Admittance 146
• By whom Admittances may be ibid.
• What amounts to an Admittance 147
• In what cases the Admittance of one shall be the Ad∣mittance of another 148
• Admittance by Attorny may not be 149
• The time of being admitted 151
• Admittance upon Discent 150
• ...

• What things the Heir may do or not do before Admit∣tance 151
• Admittance where to be made 150
• In what Cases and to what purposes the Copy-hold E∣state shall be in the Tenant before Admittance, and to what purposes not 155
• Where there need no Admittance 154
• In what cases the Lord shall be compelled to make Ad∣mittances 157
• ...Actions, Suits.
• What Actions may be brought by the Lord 256
• What Actions may be brought by the Copy-holder 256, 257, 258
• What Actions the Copy-holder shall have against Strangers 258
• Action on the Case by a Copy-holder for digging Turfs on the Common, and Narr' 261
• No Actions or Remedies for Fines, Rents, Amercia∣ment after Sale of the Manor 263
• Of Copy-holders being impleaded and impleadable in the Lords Courts, and the remedy there, and how to be relieved against faux Judgment there 265
• Copy-holder shall not have Assise against his Lord ibid.
• Copy-hold Inheritance shall not be Assets in the Heirs hands 267
• Where Attornment is necessary to the passing of a Ma∣nor, and where not 9
• Attornment not necessary in the Grant of a Reversion of a Copy-hold
• Authority must be strictly persued
• Avowry for Rent by Lessee of a Copy-holder 262
• Action must be brought in the name of a Copy-holder Lunatick, and not in the name of the Committees 263
• Acceptance of a Lease by the Tenant destroys the Copy-hold 225
• Action on the Case lyes against the Lord for non-Ad∣mittance

• by the Surrendror, but not by Cesty que use
• Chancery will compel the Lord to admit a Tenant 321
• Admittance, where it shall be pleaded as a Grant 271

B.

• ...Baron and Feme.
• Custom, That the Wife Feme Covert may devise, good 55
• Where the severance of the customary Tenants from the Manor shall not prejudice the Wife in her custo∣mary Estate 5
• If the Lord enfeoff the Copy-holder, this destroys the Widows Free-Bench 56
• Of the transferring and assigning the Copy-hold Estate of a Bankrupts, by Commissioners 251
• Where and what acts of the Husband shall forfeit the Wives Estate or not 211
• Copy-holds within the Statutes of Bankrupts 201
• Of customary By-Laws 48

C.

• Original and nature of Copy-holds 1
• Copy-hold created and guided by Custom 28
• How a Copy Copy-holder and bare Tenant at Will dif∣fer 14
• Three sorts of Copy-holders 70
• Who may be said to be customary Tenants, and in what respects
• What Evidence Copy-holders have for their Estates
• Copy-holders may have Sola & separalis pastura in the Lords Soyl, and exclude the Lord▪ 66
• ...

• Where a Copy-holder shall hold his Land charged by the Lord or the Copy-holder as to Dower, Rents Charge and Statutes and how and where they shall be avoided 233
• ...Custom.
• The Nature of it 25
• To be taken strictly, and in many cases Cases Secun∣dum vulgarem conceptum cannot extend out of the Manor 29
• What is a good Custom or not, and what things are re∣quired to the making a good Custom 30
• How Customs ought to be certain 32
• Of the reasonableness of Customs, and when they are said to be unreasonable or not 33
• Several Customs in several places 35
• Three supporters of Copy-hold Custom 36
• Of Customs enabling or disabling 36, 37
• Where a Custom shall be said to be pursued or not 43
• Where one shall be Tenant by the Curtesie of a Copy-hold without Admittance of the Wife 86
• Where Copy-hold is extinct, Common is lost 62
• Severance by the Lord shall not prejudice the Commo∣ner 41, 62
• The nature of a Court Baron 73
• Courts may be held out of the Manor by Custom, and where 75
• Of warning of Courts being holden at what place
• Relief for a Copy-holder in Chancery in many Cases where none is at Law 319
• Chancery will design the bounds of Fines and of a Copy-hold, but not whether parcel or not parcel 321
• The Lord Decreed to hold a Court 324
• Fines and Rents arrear not relieved after the Sale of the Manor 324
• Composition decreed
• Statute 32 H. 8. cap. 7. against Champertry, extends to Copy-hold 251
• ...

• Copy-hold is not within Statute 31 Eliz. of Cottages 254
• Copy-hold is not within the Stat. 32 H. 8. Of Entrys for Conditions broken 150

D.

• Demesns, what 3
• Dimis. & dimissib. how to be understood
• Custom extends not to collateral Discents
• Discent of a Copy-hold Tolls not an Entry 68
• Where the Heir shall be in by Discent or Purchase
• Copy-hold Estates how discontinued or not
• Surrender makes not a Discontinuance 175▪ 176
• What shall amount to a Discontinuance 69
• Distress, Avowry for Rent of a Copy-hold 236
• Copy-holders Beasts distrainable or not, for a Rent Charge 236
• What shall be said a Disseisin as to Copy-hold Estates or not 255
• Whether in Declaration in Ejectment the Plaintiff need to shew that the Lease was warranted by the Custom 257
• Declaration by a Copy-holder, That he is seised in Do∣minico suo ut de feodo secundum consuetud. Manerii, and also must shew that they are custo∣mary Lands 268
• Presidents of Declarations ibid.

E.

• ...Exposition of words.
• ...Dimiss. & Dimissibile 16
• ...Solum modo 44
• ...Cum pertin. 92, 94
• Ejectment brought by Copy-holder, and how to declare 257, 259
• Emblements, who shall have them upon a Ferfeiture 219, 220, 254
• ...

• ...Evidence.
• What shall be good Evidence to prove a Custom 305
• Special Customs within several Limits ought to be shewed 306
• Custom found 306, 307
• Evidence of Prescription 307, 308
• Where proof by Court Rolls are good Evidence 309
• Copy of a Lease, where good Evidence ibid.
• Who and what may be admitted to give Evidence Steward, Court Books, &c. ibid.
• ...Extingushment.
• A Copy-hold may be extinct as to the Services, and remain as to the Customary Estate
• Copy-hold though severed from the Manor by the Lords act, is not destroyed 222
• Acceptance of a Lease by the Tenant destroys the Copy-hold 225
• Copy-hold extinct by the Copy-holders Release to the Lord, and where or how a Right to a Copy-hold shall shall be exinct by a Release 226, 228
• Copy-hold suspended and revived 230, 231
• After Escheat of a Copy-hold, the Wife shall not be en∣dowed 233
• The Statute of VV. 2. that gives Elegits, extends not to Copy-hold 253

F.

• Copy-hold Estates are within the words and intention of the Statute of Fines and non-claim 247, 248
• Of Copy-holder compounding for a Fine
• Fine on Admittance, when to be paid 159
• Of Fines certain 159
• What Evidence shall prove the uncertainty of Fines 160
• Excessive Fines, how to be determined 160
• ...

• What Customs are good as to payment of Fines, and what not 161
• Fine, by whom to be Assessed 162
• For every several Tenure, several Fines 163
• How the Lord shall recover his Fine 164
• Difference as to what may pass by a Fine, or be barred by a Fine at Common Law 176
• Outragious Fines relieved in Chancery Forfeiture. 319
• Notice must be given if the Fines be uncertain, before there can be a Forfeiture 198
• Refusal to pay an excessive Fine, no Forfeiture 198
• What shall amount to a Forfeiture of a Copy-hold Estate 69, 194, 195
• Refusal to pay Rent, perform Services, or Suit of Court, when they shall be cause of Forfeitures 195
• What words of denyal amount to a Forfeiture 197
• Demand must be made of the person of a Tenant for a Fine, or else non-payment is not a Forfeiture 198
• Surrender by a Copy-holder for Life to one in Fee, is no Forfeiture
• What is a present Forfeiture without presentment 199
• Heir beyond Sea shall not forfeit for not coming in upon Proclamation in Court 202
• Wilful Forfeitures not relieved in Chancery 320
• Where the Wife shall suffer for the Forfeiture of her Husband or not 211
• Forfeiture as to cutting of Trees by Tenant for Life 207, 208
• Where Admittance is a Dispensation of a Forfeiture 217
• Where Amerciament is a Dispensation of a Forfeiture ibid.
• Forfeiture purged by Release ibid.
• Where, and what Acceptance is a Dispensation of a Forfeiture, and where and what not 218
• Where the Heir shall not take advantage of a Forfei∣ture in the Life of the Ancestor 219
• ...

• The Lords Remedy for a Forfeiture 220
• Bill in Chancery to reverse a Faux Judgment given in the Lords Court 326
• What alienations shall be a Forfeiture 206
• Forfeiture in Waste 207
• By Rescous 216
• By Inclosure 210
• After a Copy-hold is dismembred from the Manor, of what Forfeitures the Feoffee or Grantee shall take ad∣vantage 212
• Where the Forfeiture of one Copyholder is the Forfei∣ture of another; where Forfeiture of part shall be of the whole 214, 215

G.

• By the Kings Grant of all his Demesn Lands, Copy-hold shall not pass, aliter in the case of another
• What things may be granted by Copy 78
• Of voluntary Grants by the Lord 79, 80
• Disability of the Lords person no hindrance of the Grant 80
• What Estate the Lord must have to enable him to make Grants 81, 82
• Voluntary Estates granted during the time of the Lords Interest shall be good, though the Lords Estate be avoided, ab initio 84
• Grants by Tenant at sufferance, or one that has a tor∣tious Title, not good 86, 87
• Copy-hold not to be granted by parcels 89
• What amounts to a Grant 90
• How Grants of a Copy-hold to be expounded 90, 91, 92
• What shall pass in a Grant by the words cum perti∣nentiis 92, 94
• By what words in Grants Copy-holds shall pass or not 92, 93

H.

• Honour, what 311
• Where the Heir shall be in by discent or Purchase 123
• Heir before Admittance is not a compleat Tenant to all purposes
• Hariot Service and Hariot Custom, the difference 237, 238
• What Custom for Hariots▪ shall be good or not 239
• Where and how Hariots shall be apportioned, or not 240
• Who shall pay an Hariot, and when and when not
• Who shall have an Hariot 241
• Pleading as to Hariot, vide Tit. Pleading.
• What shall be a good Avowry in conuzance for an Harriot in Replevin, or a good justification in Tres∣pass or not, and how to be pleaded 244

I.

• Infant not bound by many Customs 21
• If Infant Surrender, he may enter at full Age 21
• Infant may make a Lease without Licence, and not forfeit 21
• Surrender by Infant at five years old
• Custom to assign one to take the profits of a Copy-hold Infant
• Interruption in the Possession and in the Right 32, 42
• Faux Jugdment given in the Lords Court, where re∣lievable
• Copy-hold Lands are not within the Statute 11 H. 7. cap. 20. Of Joyntresses 254
• The Lord to have the custody of an Ideot 17

K.

• Kings Grants favourably construed 32
• ...

• King need not recite in his Grant, that it is Copy-hold 23
• Surrender to the King without other matter of Record, where good 24

L.

• Lease 108, 181
• Custom to Lease without Licence may be good 51, 52
• Lease made before Admittance in what case good 54
• What Leases made by a Copy-holder for years are a For∣feiture or not 203
• When a Lease shall begin in point of eomputation and not in point of Interest 184
• Lease of Copy-holds made by Tenant in Tayl ibid.
• Lease of Copy-holds made by Ecclesiastical Persons 186
• Lease affirmed by acceptance 187
• Lease of Free-hold and Copy-hold, the Rent issues out of beth 187
• In what respect a Lease not warranted by Licence or Custom, is yet good in Law 189
• Lease void in Interest, and good by way of Estoppel 192
• What shall be said a Covenant and no Lease, and so shall not be a Forfeiture 206
• Lease for years not warranted, is no disseisin to the Lord 182
• ...Licence.
• Once a Licence to make a Lease and always a Licence
• What Licence, and by whom granted shall be good or not 191
• Licence taken as a confirmation 193
• Licence pleaded, vide Pleadings.
• Copy-hold not within the Statute of Limitations 251

M.

• Manor, the Original and Nature of it 6
• Customary Manor, what 7
• ...

• What shall be said parcel of a Manor, and what shall be said a severance 2
• Manor not to be created at this day 4
• A Manor in reputation 5
• A Manor in gross 7
• How the Lord may create a customary Manor 8
• Severance of Copy-hold from the Manor, what it operates
• What shall be said time out of memory 30
• Copy-hold is within the Statute 32 H. 2. cap. 9. of Maintenance
• Manor by reputation, how it will pass 7
• How Copy-hold may be severed from the Manor, and how not 11

N.

• ...Notice.
• There must be notice of the Alteration of the Use and Estate, or else there can be no Forfeiture for denial of Rent 197
• No notice need where a Fine is certain, aliter where it is uncertain 191

P.

• Priviledges of the Lord 17
• Priviledges of the Copy-holder 17, 18
• Difference between Priviledges annexed to the Seigni∣ory, and Priviledges annexed to the Tenancy 19
• Pleading, vide Traverse.
• Uncertainy in Pleading, vide sparsim.
• Pleading by an usitatum fuit, where good or not 64
• How a Copy-holder shall plead in making Title to a Co∣py-hold 271, 272
• Whether in Pleading the reasonableness of the Fine must be avered
• When and where a Licence is to be pleaded specially,

• and when and where not 193
• Grant of Copy-hold Land in Reversion must be plead∣ed as a Grant in Reversion, and not as a Grant in possession, nor by a per nomen 271
• The Manor of a Copy-holders pleading Custom or Pre∣scription 275
• How a Prescription must be made by a particular Te∣nant at will ibid.
• The manner of a Copy-holders pleading Custom or Prescription for Common 32
• Special Prescription to be pleaded in case of severance of the Copy-hold Tenement from the Lord 278
• The manner of pleading when a Lease is to be answe∣red, which is set forth in the Avowry 280
• Where the Action is brought as of a Lease at Common Law, and one pleads a Lease of Copy-hold Land 281
• Custom or Licence must be shewed specially ibid.
• How Lessee is to plead a Licence ib.
• How a Surrender is to be pleaded
• Pleading of Prescription by a Copy-holder to be dischar∣ged of Tythes 282
• The Forms of pleading a Surrender, vide Surrender 290
• Grant 291
• Common 292
• Trees ibid.
• Way 296
• Forfeiture 297
• Pleading Custom or Prescription 273
• Bar that the Lands are customary Lands 299
• Pleading as to Harriots 242
• ... Presentment 136
• When to be made 137
• If Surrendror or Cesty que use, or customary Te∣nants dye before Presentment, yet Presentment and Admittance may be afterward 138
• The nature and effect of a Presentment 139
• ...

• Two Surrender, and the second Surrender is first pre∣sented 140
• What will make a possessio fratris so as to inherit a Copy-hold
• Priviledges of Copy-hold 18, 19, 20

R.

• Popish Recusant shall forfeit all his Copy-hold Land, within 25 El. c. 10. 253
• Copy-hold Rents apportioned 188
• Action of Debt lyes not for Arrears of Rent within the Statute 32 H. 8. 250
• One Lease of Freehold and Copy-hold, the Rent issues out of both 187
• Avowry for Rent by Lessee of a Copy-holder 262

S.

• ...Steward 75
• Deputy, acts done by him or his Servant shall be good so by a reputed Steward 76, 77
• Infant cannot be a Steward 77
• Surrender 95
• The nature of a Surrender ib.
• Where and in what respects Estates may pass other∣wise than by Surrender 99
• The Lord not compellable to make a Surrender 49
• Where Surrender is sufficient without Admittance 102
• Where Admittance is sufficient without Surrender 102
• ... 103
• Of Surrenderss out of Court, who may take them, and what are good or not 105
• In whom the Reversion after a particular Estate re∣mains 104
• Surrender by Attorny, and form of the Entry 107, 108
• ...

• What shall pass, and by what words in a Surrender 109
• Construction of a Surrender where no use is limitted 110
• Surrender passeth no Estate by Implicacition
• Where an Use is limitted in a Surrender, how far the construction shall be according to the Rule of the Common Law 113
• Surrender to an Use upon an Use ibid.
• Surrender to the Use of ones Wife 13, 125
• Where a Surrender is void for uncertainty 113
• Surrender to the Use of a person not in esse 115
• to the Use of one in ventre sa mere 116
• Of a Surrender to take effect in futuro ibid.
• Construction of Surrenders and limitations in Remain∣der or Reversion 118, 119
• If a Surrender makes a discontinuance 217
• Surrender to the Use of a Mans last Will and how to be construed 124
• Surrenders upon condition or contingency 120, 221, 122, 129
• Where a Surrender before Admittance shall be good, and where not 130
• Surrender by Husband of the Wifes Land
• Surrender by Joynt-Tenants 127, 131
• Surrender by a Feme Covert 133
• Surrender of the Wives Land 134
• Surrender to the Steward to the Use of the Steward is good ibid.
• Countermand of a Surrender 135
• What remedy to force a Trustee to surrender 135
• Surrender not good till presented 136
• Heir decreed to Surrender on Contract with the Ance∣stor 327
• Relief in equity as to Surrender 323
• Defendant decreed to Surrender according to Agree∣ment ibid.
• hold shall not be extended 237
• ...

• If the Copy-holder bind himself in a Statute, the Copy-
• Within what Statutes of Parliament Copy-hold Lands are contained, and within what not 247, &c.
• Services not to be performed by Attorny.

T.

• How Copy-holds are Entayl'd, and how dockt and bar∣red 165, 166, &c.
• How the Statute VV. 2. creates an Estate Tayl 166
• ... 167
• In what cases Trespass may be brought by the Copy-holder against his Lord 257
• Trespass by a Copy-holder for Beasts depasturing on the Common 260
• ...Tryal.
• The time of the Surrender or of the Courts being held to be tryed by the Jury, and not by the Court-Rolls 307
• When Issue is taken upon a Surrender, where to be tryed 310
• Traversing the day of the Grant. Traversing the dying▪ seized of the Copy-hold 246, 205
• Where a particular Custom is confessed in the Rejoyn∣der, he ought to Traverse the general Custom 228

V.

• Copy-hold not determined or forfeited by Utlawry
• Special Verdict 311
• Custom not well found 312
• Failer of Prescription 313
• Jury must find directly, and not argumentatively ib.
• Custom must be found in the manner that he pleads it 314
• Verdict aided 318
• Statute 27 H. 8. of Uses extends not to Copy-hold 252
• Venue 310

VV.

• Surrender to the Use ef a Man's last Will 115
• Copy-hold devised without Surrender executed by de∣cree in Chancery 326
• Customs as to Woods, Underwoods 58
• What Copy-holders may cut Trees, and in what cases, and to what purposes
• Custom to sell Trees 58
• Copy-hold Lands are not within the Words of the Sta∣tute 34 H. 8.5. of Wills. Quaere, If within the Equity 253

A TABLE OF THE Precedents.

• A Settlement before Marriage of a Copy-hold Estate, where according to the Custom of the Manor there is a dead Year after the death of eve∣ry Tenant, grantable by the Tenant in his Life∣time, and his Widow enjoys the Estate, durante castitate, if he surrender or alien it not in his Life∣time, with permission, That the Goods of the Wife shall remain at her disposal, and that her Husbands name may be made use of to sue for her Debts, but the Monies to be secured by the Trustees to her use 329
• Covenant to Surrender Copy-hold Land after bargain and sale of Free-hold 334
• Covenant that he is rightfully seized of Copy-hold Land 335
• ...

• A Covenant to surrender Copy-hold Lands ibid.
• A Covenant (in nature of a Mortgage) upon a Surren∣der of Copy-hold Land to pay mony at a certain time 337
• A Bargain and Sale of Copy-hold Lands by Commis∣sioners of Bankrupts 339
• A Surrender in Trust, and the Trust declared. Tru∣stees covenant not to commit, &c. any thing that may amount to a Forfeiture 342
• An Infranchisement of Copy-hold Lands made by a Lord of a Manor to his Copy-holder 344
• A Lease of Copy-hold Land, with the Lords Licence 348
• A Release of Copy-hold Estate 350

Precedents of Copies of Court Rolls, Present∣ments, Surrenders, Admittances, Releases, Proclamations for not coming in, &c.

• A Surrender 253
• A Surrender of Copy-hold Lands for Life, the Re∣mainder in Fee taken by the Steward out of Court 355
• A Surrender out of Court of a Reversion to the use of a Man and his Wife, and the Heirs of the Body of the Husband, the Remainder to the Heirs of the Body of the Wife, the Remainder to the Husband of the present Tenant for Life in Tayl, the Remainder to the pre∣sent Tenant for Life in Tayl, the Remainder to ano∣ther in Fee, with the Lords acknowledgment of sa∣tisfaction of a Fine. The Surrendror surrenders all his Right, &c. to the Husband and Wife the pre∣sent Tenant for Life, to the Uses aforesaid 356
• After abatement and intrusion, the Lord seiseth the Lands, and grants them to the Abator for term of Life, the Remainder to the next Heir of the Dissei∣see in Tayl, remainder in Fee 358
• ...

• Surrender out of Court to several Uses upon a Mar∣riage Settlement 360
• Presentment of a Surrender made in Court, with the Admittance of the Tenant next Heir 361
• The finding the death of a Tenant, and of the Lands and Heir, with the Admission of the Tenant, and a Presentment made in Court between the Heir and his Mother, touching her Dower, and the Mothers Release of her Dower 362
• Presentment of the Copy-hold Customs of a Manor 376, 367
• Surrender by Baron and Feme 369
• Surrender to the Use of ones last Will 370
• Grant of the wardship of a Tenant ibid.
• Surrender of right Title and Interest to two by Moi∣eties 371
• Admittance of a next Heir 372
• A surrender by one in extremis, by the Hands of two customary Tenants to the Use of his last Will, which is recited to one for Life, the Remainder over, Te∣nant for Life surrenders to him in Remainder, on condition in the Will 373
• Licence to demise for Years not exceeding 31 375
• Presentment that the customary Tenant died seised, and that the Heir came not to take up the Land, and Pro∣clamation made ibid.
• Presentment that the mony mentioned in a Surrender was not paid at the time ideo proclamatio prima ibid.
• A Fine respiteed at last Court taxed at the next 376
• Presentment, That a Surrender precedent was charg∣able with the payment of 100 l. to M. when he should attain the Age of 21 years, or day of Marri∣age, which should first happen, and with a like Sum to A. payable in the same manner. M. upon re∣ceit of the 100 l. releaseth, and the Surrendree secures the payment of the other 100 l. to A. by

• Lease 376
• Presentment, That several Copy-hold Lands were in∣franchised by the Lord 377
• Surrender on condition 378
• Surrender to the use of a youngest Son, conditional for payment of mony at several days 379
• A Surrender and Release in consideration of 400 l. 380
• Surrender to the Use of ones last Will, to which a Co∣dicil is annexed, and which is presented by the Jury, and admittance to Tenant for Life 381
• Second Proclamation for not coming in and taking up the said Estate 382
• Acknowledgment by the Lord that the Copy-hold is in∣franchised 383
• Admittance by the Gardian ibid.
• The third Proclamation because the Tenant came not in to take up the Estate, and seisure by the Bayliff ibid.
• Licence to Demise and Fine, pro Licentia 384

From Page 256 to 273. you are desired to amend the Folio's.