COPY-HOLD* 1.1
Copy-hold, is a Tenure, for which the Tenant hath nothing to shew, but the Copies of the Rolls, made by the Steward of his Lords Court. This Tenure is called a base Tenure, because it holdeth
A philologicall commentary, or, An illustration of the most obvious and useful words in the lavv with their distinctions and divers acceptations, as they are found as well in reports antient and modern as in records and memorials never printed : usefull for all young students of the law / by Edward Leigh ...
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- Title
- A philologicall commentary, or, An illustration of the most obvious and useful words in the lavv with their distinctions and divers acceptations, as they are found as well in reports antient and modern as in records and memorials never printed : usefull for all young students of the law / by Edward Leigh ...
- Author
- Leigh, Edward, 1602-1671.
- Publication
- London :: Printed by A.M. for Charles Adams, and are to be sold at his shop ...,
- 1658.
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- Subject terms
- Law -- Terminology.
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http://name.umdl.umich.edu/A50063.0001.001
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"A philologicall commentary, or, An illustration of the most obvious and useful words in the lavv with their distinctions and divers acceptations, as they are found as well in reports antient and modern as in records and memorials never printed : usefull for all young students of the law / by Edward Leigh ..." In the digital collection Early English Books Online. https://name.umdl.umich.edu/A50063.0001.001. University of Michigan Library Digital Collections. Accessed June 15, 2024.
Pages
Page 50
at the will of the Lord; it was wont to be called Tenure in villenage.
The doing of fealty by a Copy-holder, proveth* 1.2 that a Copy-holder so long as he observes the cu∣stom of the Mannor, and payeth his services, hath a fixed estate.
Although in the judgment of the Law, he hath but estate for will; yet custom hath so established and fixed his estate, that by the custom of the Man∣nor, it is descendible to him and his Heirs; and therefore his estate is not meerly ad voluntatem* 1.3 Domini, but ad voluntatem Domini secundum con∣suetudinem manerii; and by keeping the custom he shall inherit the Land, as well as he that hath Frank-tenement at Common Law, for consuetudo est altera Lex.
The stile of a Copy-holder imports three things.
- 1. N••men, his Name.
- 2. Originem, his Beginning.
- 3. Titulum, his Assurance.
- 1. His Name is, Tenant by Copy of Court Roll.
- 2. His Beginning is, ad voluntatem Domini, for at the beginning he was but Tenant at the will of the Lord.
- 3 His Title or Assurance, secundum consuetudi∣nem manerii; for the custom of the Mannor* 1.4 hath fixed his Estate, and assured the Land to him as long as he doth his service and duties, and performes the custom of the Mannor.
If a Copy-holder be a popish Recusant, his Copy-hold is forfeit, for his life to the Lord of the* 1.5 Mannor, if the Lord be not Re••usant, and if the Lord be, then to the King.
Notes
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* 1.1
The Te∣nants there∣of do hold per copi∣am rotu∣lorum Do∣mini.
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* 1.2
Cook on Lit. p. 63.
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* 1.3
It is an e∣state of in∣heritance, secundum quid. Cook 4 Rep. Copy-hold case.
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* 1.4
Cook 9 Rep. Combes case.
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* 1.5
35 Eliz. c. 1.