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.

Of Customs in respect of the Estate.

Here I shall recite some few Cases of Customs about Leasing and Limitation of Estates, when good or not.

As to the Custom concerning Leases, Vide Leases and Licenses.

As to the Custom of Intailing Copy-holds, and barring them, Vide sub titulo, Entails.

As to the Ceremony of Presentment, vide Presentment.

Pled. quod si terre sunt concesse habend. sibi & suis, grantee habet in feodo, Ra. Entries 627▪ 116, 155.

Pled. quod si terrae sunt concessae al. 2 pro vitis, ille qui primo nominatus in copia habeat terras solus pro vita, 3 Br. 475. Hern 73, 83, 124, 654, 712.

Simile de terris concessis al 2. pro vitis in rever∣sione, Co. Entr. 184.

* 1.1The Custom was, That the Land was demise∣able for twenty one years, paying the treble value of the Rent; and if he dyed within the Term that the Term should be to his Heir, pay¦ing a Fine certain of one years Rent, and if he Assigned the Term, the Assignee should have it, paying for a Fine one years value of the Rent▪ and he who had it might by the Custom renew it for twenty one years, paying three years value and this was admitted to be a good Custom by the Court, Croke Jac. p. 671. Page's Case.

* 1.2The Custom was, The Lord of a Manor might assign one to take the Profits of a Co¦py-hold descended to an Infant, during his non-Age, to the use of the Assignee, without ren∣dring an account; it was held to be a good Custom, as a Rent granted to one and his Heirs

to cease during the non-Age of every Heir; and admitting the Custom were void, yet an Action of Account lyes not,* 1.3 for the Defendant hath not entred and taken the Profits as Prochein Amy, in which case although he was not Prochien Amy, he is chargable as Prochein Amy, according to his Claim, but here he claimeth by the Custom and Grant of the Lord, and not in the Right of the Heir, 1 Leon. p. 266. Case 357. Anonymus.

The Custom was,* 1.4 That if any one surrender to the use of another, without expressing any Estate, that the Lord may grant it in Fee to him to whose use the surrender was made, its a good Custom, for he is a Chancellor in his own Court to dispose thereof, when the Tenant leaves it uncertain, Crok. El. 392. Brown and Foster.

Custom in the Manor of Sedgly in Com. Staff. was,* 1.5 If a Copy-holder make a Lease without Licence of the Lord for one year, and dyes within the term, it shall be void against the Heir. Per Cur. its a good Custom, for then the Lord may know his Tenant, and the Te∣nant may have the Estate and pay his Fine. Its void by the act of God; but had the Cu∣stom been, That if a Copy-holder within the year surrender his Copy-hold, that the Lease shall be void, this is an unreasonable Custom, Lit. Rep. 233. Hutton 126, 127. Turner and Hodges.

Custom,* 1.6 That five Copy-holders without Li∣cense (they being seized in Fee) may make any Lease for one year or many years, and when they dye the term shall cease, and the Heir may enter; its a good Custom, Hutton, p. 101.

Custom,* 1.7 That a Lessee for years may hold the Land for half an year after the term en∣ded; its no good Custom, More, n. 27.

* 1.8Custom, That a Copy-holder shall not alien without Licence, is good, for it may have a lawful commencement by agreement.

* 1.9A Custom, That on payment of a years Rent, the Lord should Licence to let for 99 years, and if he refused, the Tenant might do it without Licence, adjudged a good and rea∣sonable Custom, Grove and Bridges, cited in Porphyry and Legingham's Case, 2 Keb. 344.

* 1.10A Custom, That Lessee for Life may let for another man's Life, is no good Custom; but the Lord may by Custom Lease the same for Life and forty years after, More, n. 27.

* 1.11A Custom for a Copy-holder, tenant in tayl, to make a Lease for years without Licence, to commit a Forfeiture, on purpose to bar the Intayl, and to transfer the Lands over to any other person, is a good Custom, and is but in the nature of a Surrender or Common Re∣covery, 2 Saunders 422. Grantham and Coples. And the Lord in such cases may not admit any other but him to whom it is appointed by the Tenant making such Forfeiture, and when such Cesty que use is admitted, he shall avoid all mean acts or dispositions made by the Lord, as well as upon a Surrender, and this though he was not admitted in the life of the Tenant so forfeiting, Vide infra Tit. In∣tayling Copy-holders.

Notes

• * 1.1

  Paying Fine and renewing Leases.
• * 1.2

  To assign one to take the Profits of a Copy-holder Infant.
• * 1.3

  Prochein Amy.
• * 1.4

  The Lord to dispose the Estate when the Tenant leaves it in incertainty.
• * 1.5

  Lease to be void if Copy-holder dye within the year.
• * 1.6

  To Lease with∣out Licence.
• * 1.7

  To hold after the term end∣ed.
• * 1.8

  Not to alien without Li∣cence.
• * 1.9

  To Lease. without Li∣cence.
• * 1.10

  For Lessee pur vie, to let for another mans. Life.
• * 1.11

  To commit a forfeiture, and so to bar the Intayl.