To the extent possible under law, the Text Creation Partnership has waived all copyright and related or neighboring rights to this keyboarded and encoded edition of the work described above, according to the terms of the CC0 1.0 Public Domain Dedication (http://creativecommons.org/publicdomain/zero/1.0/). This waiver does not extend to any page images or other supplementary files associated with this work, which may be protected by copyright or other license restrictions. Please go to http://www.textcreationpartnership.org/ for more information.
THE Statute of 32 H. 8. chap. 2. extends to copy∣holds, for the Statute is, that none shall make prescrip∣tion, Title, nor claim, &c. above forty yeares, &c. and that doth a copy-holder, and for that is within the Sta∣tute, 6 Ed 6. Brook Limitation 2.
38 H. 8. chap. 1. Copy-holder which is Tenant in com∣mon, is not compellable by this Statute to make partition, for the Statute gives remedy for one Tenant in common against another, by a Writ of (making partition) and it
seems that a Copy-holder is not within the Statute of, 27 H. 8. chap. 10. of Joynture of Women, for that Statute bars Women which have Joyntures before Marriage to have Dower, that is of Lands given in Dower by the Law, and not by custome.
Where a copy-holder by the custome may surrender his Land out of the Court, into the hands of the Lord by the hands of two copy-holders, or one to the use of J.S. and a copy-holder so makes surrender to two and one dies, or both dye, before the next Court, and yet Homage findes it, this is good surrender, and J. S. shall be admitted.
Tenant by copy of Lands of the nature of Gavell∣kinde hath Issue two Sons, his eldest Son hath Issue a Son and dies seised, this Land shall descend to the youngest Son and to his Nephew, the same Law is if the Son have Issue a Daughter and dies seised, this Daughter and the youngest Son shall have this Land by discent, and yet the Statute of Prerog. Regis, chap. 16. is, that Women shall not share with Men.
Tenant by copy surrenders to the use of one for life, the remainder to the use of one most neere in blood, and hath Issue two Sons, the eldest hath Issue and dies, the Te∣nant for life dies, the youngest Brother shal have the Land and not the Issue of the eldest Brother, for the youngest Brother is more neere of blood to his Father, then is the ••on of his eldest Son, by wich, 30 Ass. 47. but the youngest Son is not next Heire.
Where the copy-hold is of the nature of Borrough English, and this copy-holder having three Sons surrenders this to the use of his youngest Son in taile, the remainder to the use of the Heires of the Body of the Father ingen∣dred, and for default of such Issue to the use of the right Heirs of the Father, and the youngest Son dies without Issue of his Body, it is said that the eldest Brother shall have this as Purchasor.
Two Joyntenants of one copy-hold are, and one surren∣ders his part to his companion for life, this is a severance of the Joynture, Lit f. 56.
Where the custome of a Mannour is, that the youngest Son shall inherit by discent the copy-hold, and A. being a Villaine, purchase copy-hold there, and the Lord seises
them, and grants them out of his hands by copy, the y••••ngest Son of the Grantee shall have this by discent.
If the tenant by copy of Court-roll hath paid to his Lord more Rent then he ought, and the Lord of that Sur∣plusage of Rent was seised by the hands of his tenant, yet the tenant shall avoid that in Avowry, for he is but te∣nant at will by the course of the common Law, otherwise it is of very tenant of charter land.
Where a copy-holder in Fee surrenders into the hands of the Lord to the use of J. S. without more, all is in the hands of the Lord; and the Steward admits J. S. to have and to hold to him and his heirs, yet J. S. hath an Estate in Fee, and yet the admittance is but allowance of J. S. to be tenant of such Estate which is surrendred; but the use is in most courts to enter, that it was surrendred to the use of J. S. without more, and the Steward enters, that the Lord hath granted to him Seisin, to have to him and his heirs, and taken good: but it is better when one sur∣renders into the hands of the Lord, to say and enter, to the use and behoof of J. S. for life, or to the use and behoof of J. S. and his heirs: so that by (to the use and behoof) the Estate is limited, that J. S. shall have it, and that makes the admittance accordingly to be good without doubt, and yet the other is good, for by the surrender, all the interest is in the Lord.
If the Homagers gives false Verdict in the court of co∣py-hold, the party shall not be bound, but he shall tra∣verse that: but if such a Verdict be found for the Lord, though the Verdict be false, yet the party cannot traverse that there, but is put to his Petition, touching his land, or to sue in the Chancery; for if the Verdict finde false, that waste was made in the Tenements of the Grand-father, the Son of the Father shall loose after his land, for that it is a forfeiture which runs with the land; but seek, for it is made by the person of the Father, and the Son hath no re∣medy if the Verdict be true, but if the Verdict be false, then his remedy is by Petition, and by no other remedy in this Court.
If Tenant by copy makes a Lease for years by license of the Lord, and after in the same Court the Tenant will release to his Lessee by such words (to remise and release) such release seems void, for that that it ought to be a Sur∣render
into the hands of the Lord, &c. as he hath surren∣dred and released, &c.
Use may be of Copy-holds, as well as of Free-hold, but the Statute of 27 H. 8. for uniting the possession to the use, doth not extend to such tenures: Nor (he to whose use) cannot forfeit the Land by cutting Trees, if it were not by the consent and commandement of the Copy-hol∣der. If the Lord let severall Copies for one intire Rent and service, and the Tenant makes waste in any parcell of them, and that be presented in his Court, he shall seise all the Copy as it was intirely let.
A Rent of a Copy-holder may be apportioned, as well as another Rent.
Tenant by copy of Court-Roll in the Court (sold and bargained) his copy-hold to J. S. and his heires, J. S. was admitted, to have to him and his heires according to the custome; this is not good, for that it wants this word (Surrendred.)
Tenant in taile by copy, the remainder over to I. S. in Fee, surrender his Lands into the hands of two Tenants, to the use of I.N. and his heirs, and dyes before that be pre∣sented, and after that was presented, and I. N. admitted, this is not good, but contrary Law, if Tenant in Fee had made that surrender, and dyed as above: Seek.
By the custome of a Mannor, some Lands are copy-hold for three lives, and some to them and their heires, and the Lord grants by copy that which was for three lives, after those three lives ended, to one and his heires, this is not good; but the custome of the Mannor is good, though there be severall copy-holders of severall customes.
The Lord of a Mannor within which are copy-holders, and the Lord grants over the Demesnes to I. S. in Fee, so that he hath no Court; yet it is said, that the copy-hol∣ders may surrender as before they did: And that the Lord by his Grant cannot destroy their surrender, and Copies.
The Lord may avow for Rent of his Copy-holder before admittance, where it descends to a copy-holder; but he shall not be sworn of the Homage before admittance.
If the custome of copy-hold be, that the Lord may grant for three lives if all dye, and then when the land is come into the hands of the Lord he is bound in a Statute, and
after he grants that over according to the custome, this Land shall not be extended upon the Statute.
And if a copy-holder be bound in a Statute, his copy∣hold land shall not be extended, and if the Lord be bound in a Statute, the land of the copy-holder shall not be ex∣tended.
If an Infant be a Lord, and admits a copy-holder to him and to his Heires, this is good, and he cannot avoid that by his Infancy, for he is but an instrument to convey that according to the custome, and departs with no Estate.
If a copy-holder will exchange, this is not good, unlesse there be a surrender and admittance.
If a Villaine purchase copy-hold, and the Lord of the Villaine enter, he shall not have possession of the copy∣hold till he be admitted.
Copy-hold shall not be forfeit by attainder of Heresie, for ••he blood is not corrupted, for the Statute of, 5 H. 5. is not to be intended of copy-hold Lands, for it is said by the Statute, that he shall forfeit his Lands, Tenements, and Hereditaments, and that the Lord of whom the Lands are held shall have the Lands after the King hath (yeare day and waste) and this is intended of free-hold and not of Copy-hold, but if a Copy-holder be attaint of Treason or Felony, as it is aforesaid, there the Lord shall have the Land, for that that the blood is corrupt, and so there is none to inherit, but by attainder in Heresie is no corrup∣tion of blood.
If a copy-hold be furrendred to my use simply, and the Lord admit me upon condition, this condition is void, for the Lord gives nothing, but is an instrument to convey that according to the surrender; so if it be surrendred to me for life and the Lord admits me to have to me and my Heires, it is not good.
If a copy-holder of a Mannour takes a Lease for yeares of this Mannour, seek if his copy-hold be extinct.
But if a copy-holder makes a Lease of his copy-hold to his Lord, this was held no extinguishment of his copy, but a suspension.
But if the Lord by Indenture make a lease for yeares of copy-hold land to his copy-holder of that, the copy-hold is there held to be extinct, so if the Lord make a feoffment
to his copy-holder of all his Mannour upon condition, and after enter for the condition, the copy-hold is extinct, and if a copy-holder take a lease for years of the Mannour, with a remainder over by Indenture, this extincts the Copy∣hold.
If a Disseisor be of a Mannor, whereof there are copy∣holders for three lives, and he grant copies for three lives, and after the Disseisee re-enter, this shall avoid the grant of the copies by the Disseisor.
But if the Lord of that Mannor make a feoffment in fee upon condition, and the Feoffee grants copies for three lives, and after the Feoffor enter for the condition broken, he cannot avoid the copies.
If Tenant in taile or in fee of a Mannour will grant Lands by copy, which were no copy-hold Lands before, and that hath contiuned by divers admittances after as co∣py-hold, and was never interrupted at any time by the Issue in taile, but hath been allowed for him, so that, that hath continued by sixty or eighty yeares, this is very good, and shall not be ever after avoided, but if it may be shewed to have been an Interruptation, then it is other∣wise.
15 Eliz. If a copy-holder surrender to the use of his Wife for life, the remainder to him and his Heires, and after the Husband surrender to J. D. and his Heires and dies, the Wife may enter by Dyer and Mounson Justices, and shall hold for life, but the Heires of the Husband are bound; o∣therwise it is, if the remainder were to the right Heires of the Husband, for they are purchasors of this remainder, and may enter after the death of the Wife.
A Copy-holder hath a Son and a Daughter by one Belly, and a Son by another Belly, and surrenders to the use of his Wife for yeares, and conveyes after her death the remainder to his Son of the first venter, his Heires and As∣signes and dies, the Tenant for years is admitted, the re∣mainder in form aforesaid, the Son of the first Belly dies without Issue, before admittance, and during the Tearme: and Dyer saith, that the possession of the Wife of the Ter∣mor or of the Guardion is a sufficient possession to make (a Brothers possession.)
16 Eliz. Mounson saith, Copy-holders are within all sta∣tutes which speake of Tenants, for if a copy-holder had not
been excepetd in the Stat of dissolution of Monastries, the King had had them, which Geffrey and Bendlowes granted.
The Husband by surrender discontinues the copy-hold which he hath in right of his Wife, the Wife is put to her (Cui in vita) and she is not aided by the Statute of, 32 H. 8.
24 Eliz. A copy-holder surrenders to the use of his last will, and deviseth that his Executors shall sell the Land to J. S. and makes two Executors and dies, and one Exe∣cutor takes a Wife and surrenders to the use of J. S. the Devisee, and was said that by the admittance of J. S. that he was copy-holder, though that the surrender be made by both the Executors.