The compleate copy-holder wherein is contained a learned discourse of the antiquity and nature of manors and copy-holds, vvith all things thereto incident, as surrenders, presentments, admittances, forfeitures, customes, &c. necessary both for the lord and tenant : together, with the forme of keeping a copy-hold court, and court baron / by Sir Edward Coke, Knight.

SEC. XLVIII.

THe maine reasons insisted upon in de∣fence of intailing Copyholds are these.

1. In divers Manors they have beene from time to time, not onely reputed as Tenants in tayle, but in every mans mouth termed by that name.

2. A Formed on in the Descender lyeth of a Copyholder, which Writ none can bring but Tenant in tayle.

3. A remainder limitted upon such an estate in such Manors hath beene allowed, and therefore is no Fee conditionall; for upon a Fee, whether absolute or conditionall, a Render can by no meanes depend.

4. It is a common usage there by a Reco∣very to docke intayles of Copyhold▪ or to

defeate these estates by presentment, that the Copyholder hath committed a forfei∣ture, and so the Lord to seize, and then to surrender it to the purchaser; and therefore there is not that inconvenience which is sup∣posed in the Copyhold, scilicet, want of power to dispose of such an estate without the Lords consent.

5. Much inconvenience would depend upon this if Copyholds might not be in∣tailed, for it would tend to the subversion and destruction of many mens estates, which from time to time they have enjoyed with∣out contradiction, and therefore for the quiet of the Common-wealth how necessary it is, that Copyholds should be intayled, let any man judge.

Thus much of the severall estates of the Copyhold. A word of their severall quali∣ties incident to severall estates.