Jurisdictions: or, The lawful authority of courts leet, courts baron, court of marshallseys, court of pypowder, and ancient demesne : together with the most necessary learning of tenures, and all their incidents, of essoynes, imparlance, view; of all manner of pleadings, of contracts, of the nature of all sorts of actions, of maintenance; of diverse other things, very profitable for all students of innes of court and chancery : and a most perfect directory for all stewards of any the sayd courts. / Heretofore writ in French by the methodically learned, John Kitchin of Grays-Inne, Esq; and now most exactly rendred to more ample advantage in the English tongue; with a demonstrative table, pointing out all matter of consequence, throughout the whole work. Whereunto is added the authentick formes of all manner of writs, with their severall returnes in English, very usefull for all men in this Common-wealth, as they be now used.

Copy-holders.

Now let us see of Copy-hold, which is the 22 Article of the Charge, and first, what interest a Copy-holder hath by the Law, and what by the custome.

TRespasse by Tenant by Copy, it doth not lie against his Lord for his Copy-hold. Besides Danby and Bryan, 21 Ed. 4. But he shall have a Subpena against his Lord, and not a trespasse. 7 Ed. 4. fol. 19. And at ths day it is held that a trespasse lies.

Tenant for life by Copy, shall say in his pleading, that he is seised in his demesne as of a freehold, according to the custome of the Mannour, and if he hath fee, that he is seised in his demesne as of fee, according to the custome of the Mannor, and justifie not that they have no freehold at the common Law, but by the custome; so that Copy∣holder hath fee and freehold by the custome, and not by the common Law, as it seems by this book. 21 Ed. 4. fo. 96.

Trespasse against the tenant by Copy, hath aid of his Lord, 15 H. 7. fol. 10. and 21 H. 6. the same.

Copy-holder may have trespasse against one of trees cut, though that the Freehold be in the Lord. So by this it seems, that he may have trespasse against every one for trespasse made upon the Land, but against the Lord, 2 H. 4. fol. 13.

The Dean of Pauls hath a Lordship of Ploughers, and

all the tenants are tenants at will, and the freehold is in the Lord; and there i•• appears, that a Copy-holder may have a trespasse at the Common Law, against one which makes a trespasse upon his land, but he cannot sue action at the Common Law for the land, nor remove that suit out of the Court of the Lord, 1 H. 5. fol. 11.

The Lord shall have the wood of the Copy-hold, and sell it, unlesse the Copy-holder have that by custome, as in many Mannors he hath, 2 H. 4. fol. 13. and 43 Ed. 3. f. 32.

Tenant by Copy at will, which is called tenant of base tenure, if he be outed, shall not have a Right close, but sue by Bill in the Court of the Lord, and in times past a Copy-holder was called a tenant in villenage, or of base tenure. Fitzh. f. 12. B.

Tenant by Copy or by verge at will of base tenure, shall never have a (Monstraverunt,) But the Copy-holder in an∣cient demesne of freehold shall have it, Fitzh. 14. D.

If my copy-holder enfeoff one, I may enter for forfei∣ture, 11 H. 4. f. 81.

Tenant by copy cannot alien his land by a deed, for if he do, it is forfeit, Littleton f. 15.

If a man lets a Mannor for years, in which there are co∣py holders, and after a copy-holder dies, surrender and admittance by the Lord the termor in Court of that Mannour, is as well as if he had the fee simple, 4 Mar. tit. Copy, Br. 1.7.

Copy-holders shall not have false Iudgement, for then they shal be restored to the freehold, or shal not lofe the free-hold, but ought to sue by Bill, that is to say, by Plaint in Court, 7 Ed. 4. f. 19. the same Littleton, f. 16. They shall not be impleaded by the Kings Writ, but by Plaint in the Lords Court in nature of what t•••• VVrit will, Nat. Brevium fol. 16.

Coppy-holders have an Estate of Inheritance according to the custome of the Mannors, yet they have no Free-hold by the course of the Common Law, Littleton fol. 16.

Tenant by Copy shall make scalty to his Lord and Te∣nant at will by the Common Law, Lit. fol. 17.

It is said, though Coppy-holders have Inheritance accor∣ding to the custome, yet they have but an Estate at the will of the Lord, according to the course of the Common Law, and cannot have Frespasse against their Lord; yet

they may bar their Lord in trespass brought by the Lord a∣gainst his Coppy-holder, as it appears, lit. f. 15. and 16.