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.

Title

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.

Author

Carter, Samuel, barrister at law.

Publication

London :: Printed by the assigns of Richard and Edward Atkins ... for John Walthoe and are to be sold in his shop ...,

1696.

Rights/Permissions

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.

Subject terms

Copyhold -- Early works to 1800.

Conveyancing -- England -- Early works to 1800.

Conveyancing -- Early works to 1800.

Landlord and tenant -- England -- Early works to 1800.

Landlord and tenant -- Early works to 1800.

Link to this Item

https://quod.lib.umich.edu/e/eebo/a34802.0001.001 content_copy

Cite this Item

"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." In the digital collection Early English Books Online. https://name.umdl.umich.edu/A34802.0001.001. University of Michigan Library Digital Collections. Accessed May 2, 2024. content_copy

Contents

• Newly Printed.
• title page
• THE PREFACE TO THE PRACTICERS OF THE LAW.
• THE CONTENTS OF THE CHAPTERS IN THE Ensuing TREATISE.
• CAP. I.
  • Of Customary Manors.
  • Of Grants and Leases of a Manor, and how Ser∣vices shall pass, and what and when shall be said to continue as parcel of the Manor, after a Grant or Lease, and what shall be a severance.
  • Pleadings.
• CAP. II.
  • How a Copy-holder and a bare Tenant at Will differ.
  • Maxims of Copy-hold Estates.
• CAP. III.
  • Priviledges of the Lord.
  • In what capacity the Lord stands in reference to the Copy-holder's Estate.
  • Of the Priviledges of Copy-holders.
  • Priviledge of Infants Copy-holders; Or Resolutions concerning Infants, in respect of Fines, Admit∣tances, barring Estates, and being bound by Customs or not.
  • Of Copy-holds and Copy-holders, in respect of the King and his Prerogative.
• CAP. IV.
  • Custom. The Nature of Custom in general.
  • Maxims of Customs.
  • Custom. What things are requisite to make a good Custom.
  • Customs of Manors are Disabling, Enabling.
  • What shall be said a pursuance of a Custom or not.
• CAP. V.
  • 1. In respect of the Lord and his Priviledge.
  • Customs in respect of the Tenants.
  • Of Customs in respect of the Estate.
  • In respect of Discents.
• CAP. VI.
  • Pleadings.
• CAP. VII.
  • Presidents of Customs as to cutting Wood and Trees.
• CAP. VIII.
• CAP. IX.
• CAP. X.
  • Court. The Nature of a Court Baron, and who may keep Courts or not.
  • Steward.
  • Declaration.
• CAP. XI.
  • What voluntary Grants by the Lord shall be good or not, in respect of the Estate or Interest which he hath in the Manor, and what not.
  • At what place the Lord may Grant.
  • What amounts to a Grant.
  • Grant by the Copy-holder to the Lord.
• CAP. XII.
  • By what words in Grants Copy-holds shall pass or not.
  • What things shall pass by Grant of another thing, as Appurtenant or Incident, or not.
• CAP. XIII.
  • Of Surrenders. The Nature of a Surrender.
  • General Rules and Maxims.
  • Of Surrender.
  • Of a Surrender in Court.
  • What will amount to a Surrender in Court or not.
  • Of a Surrender out of Court.
  • Who may take a Surrender out of Court.
  • What Surrender out of Court is good or not.
  • The form of a Letter of Attorny was in this manner.
• CAP. XIV.
  • What shall pass, and by what words in a Surrender.
  • What Ceremony, &c. is requisite or not to make good a Surrender.
  • The Construction and Operation of Surrenders. Where no Use or Estate is immediately limited in whole or part.
  • Where an Use is limited, how far the Construction shall be according to the Rules of Common Law or not.
  • Of Surrender to a Use upon Use.
  • To the Use of ones Wife
  • Where a Surrender is void for the uncertainty.
  • Surrender to the Use of a Person not in esse.
  • Of a Surrender to take effect in futuro.
• CAP. XV.
  • What shall be good to pass by the Name of a Re∣version or not.
  • Limitations in Remainder and Construction there∣on, and of Contingent Remainder.
  • Where the Heir shall be in by Descent or Purchase.
  • Not a good Remainder within the Custom.
  • Of a Surrender to the Use of one's last Will, and how to be construed.
  • Pleadings.
  • Surrender upon Condition or Contingency.
  • Surrender upon Condition or Contingency.
  • Of Surrender before Admittance, whether it shall be good or not?
  • Surrender, by whom.
  • Where a Copy-hold granted by a Disseisor, &c. shall be good, and stand in force against the Disseisee, and where not.
  • By a Feme Covert.
  • Surrender, to whom.
  • Of Countermand of a Surrender. Where the Surrender of a Copy-hold may be Coun∣termanded by the Party himself, and what col∣lateral Act without the assent and privity of the Party shall be a countermand, and where, and what not.
  • What remedy to force a Trustee to Surrender.
• CAP. XVI.
  • Presentment.
  • Of Presentment where the Surrenderor or Surren∣dree, Cesty que use, or customary Tenants dye before Presentment or Admittance.
• CAP. XVII.
  • Of Admittances on voluntary Grants.
  • Of Admittances upon Surrender.
  • By whom Admittance upon Surrender may be made and shall bind.
  • What amounts to an Admittance.
  • In what Cases the Admittance of one shall be the Admittance of another.
  • Admittance by Attorny.
  • Admittance, where to be made.
  • Admittances upon Descent.
  • The time of Admittance.
  • What things the Heir way do or not before Ad∣mittance.
  • Where there needs no Admittance.
  • In what Cases and to what purposes the Copy-hold, Estate shall be in the Tenant before Admittance, and to what purposes not, and what Leases made by them shall be good.
  • In what Cases the Lord shall be compelled to make Ad∣mittances, and how, and in what not.
• CAP. XVIII.
  • Fines.
  • Of Fines certain.
  • Of Fines reasonable.
  • What Customs are good as to payment of Fines.
  • Fines as to Admittances to Reversions or Re∣mainders.
  • What refusal to pay a Fine shall be a Forfeiture or not.
  • How the Lord recover his Fine.
• CAP. XIX.
  • Of Copy-hold Estates being Entayled.
  • Of docking or barring Copy-hold Estates, being bar∣red by Fine or Recovery, or otherwise.
• CAP. XX.
  • 1. By the Lord, and his Avowries, and remedy for the Rent.
  • What Leases shall be good or not, in respect of Li∣cence when it is persued or not.
  • Commencement.
  • By whom made.
  • As to Rents reserved.
  • Of Leases made by those in Remainder or Rever∣sion.
  • What things are demisable by Copy.
  • Pleadings.
• CAP. XXI.
  • Pleadings. When and Where a Licence is to be pleaded specially and when and where not.
• CAP. XXII.
  • Of Forfeitures. What shall amount to a Forfeiture of a Copy-hold Estate.
  • Of refusal to pay Rent, perform Services or Suit of Court, when they shall be causes of Forfeitures or not.
  • As to Misfeazance, what acts made or done by a Copy-holder shall be a Forfeiture.
  • As to making Leases not warranted.
  • What Alienation shall be a Forfeiture, and what not.
  • Of Forfeitures by Waste.
  • Of Forfeiture by Attainder of the Tenant.
  • Of other acts which are Forfeitures.
  • What Acts of the Husband shall forfeit the Wives Land or not.
  • Who shall take advantage or enter for a Forfeiture, and of what Forfeitures or not.
  • Where the Lord shall take advantage before Present∣ment, or not.
  • Where and in what Cases the Forfeiture of one Co∣py-hold is the Forfeiture of another, and where and in what Cases not, as to Estate or persons.
  • What is a dispensation of a Forfeiture, or what acceptance or act shall purge a Forfeiture or not.
  • Whether Forfeiteres in the time of the Ancestors of the Lord shall descend to the Heir.
  • Upon Entry for a Forfeiture, who shall have the Em∣blements.
  • The Lords Remedy for a Forfeiture.
• CAP. XXIII.
  • Where and by what acts a Copy-hold shall grow extinct and destroyed for ever, and where not, and to what purposes and to what not.
  • That the Lords act shall not prejudice the Copy-holders Estate.
  • By the Tenants Release to the Lord.
  • By acceptance of a new Estate of Free-hold.
  • Where and how Right to a Copy-hold shall be Extinguished by Release.
  • Where a Copy-hold shall be perpetually extinct, or where it shall after become a Copy-hold by re∣grant.
• CAP. XXIV.
• CAP. XXV.
  • Of Harriots.
  • What Custom for Harriots shall be good or not.
  • Where Harriot shall be apportionable or not.
  • Act of the Tenant.
  • Who shall pay an Harriot and when or not.
  • Who shall have an Harriot.
  • Pleadings. What shall be a good Avowry or Conizance for an Harriot in Replevin, or a good Justification in Trespass or not, and how to be pleaded.
  • Traverse.
  • Justification in Trespass.
• CAP. XXVI.
• CAP. XXVII.
• CAP. XXVIII.
• CAP. XXIX.
  • What Actions may be brought by the Lords.
  • What Actions a Copy-holder may bring against his Lord and what not.
  • The Copy-holders Actions and Remedies against Stran∣gers, and where.
• CAP. XXX.
• CAP. XXXI.
• CAP. XXXII.
  • Pleadings. General Rules of Pleading as to Copy-hold Estates.
  • Where in Pleading the Commencement of the. Estate must be shewn, or by whom granted, or not.
  • Pleading Custom or Prescription.
  • Customs must be pursued in Pleadings.
  • Of Pleading a Custom for Common by Prescription.
  • The manner of Pleading when a Lease is to be an∣swered, which is set forth in the Avowry.
  • Pleads Prescription to be discharged of Tythes.
  • Traverses.
  • Presidents and Forms of Pleading as to Copy-hold Estates.
  • The Form of Pleading Copy-hold in Fee-simple, in Tail, for term of Life or Years.
  • Pleading Surrender.
  • Grants.
  • Forms of Pleadings of Lords and Copy-holders in re∣ference to Common.
  • De Arboribus.
  • De Aquae cursu.
  • De Chimin. Way.
  • De Inclosures.
  • De Forisfacturis.
  • Bars per franktenement. Repl. quod terre sunt cust. bars que sunt customary terres, &c.
• CAP. XXXIII.
  • What shall be a good Evidence to prove the Cu∣stom or not.
  • Who may be admitted to give Evidence.
  • Venue.
• CAP. XXXIV.
  • Presidents in Special Verdicts.
• CAP. XXXV.
  • Relief as to Surrenders, Purchases, Agreements, Trusts, Rolls lost, and Rents Arrear.
  • Precedents in Chancery.
• PRESIDENTS, &c.
  • Covenant to Surrender Copy-hold Land, after a Bar∣gain and Sale of Free-hold.
  • Covenant that he is rightfully seized of Copy-hold Land.
  • Covenant to Surrender Copy-hold Lands.
  • A Covenant (in nature of a Mortgage) upon a Surrender of Copy-hold Land, to pay mony at a certain time.
  • A Bargain and Sale of Copy-hold Lands, by Com∣missioners of Bankrupts.
  • A Surrender in Trust, and the Trust declared: Trustees, Covenant not to commit, &c. any thing that may amount to a Forfeiture.
  • An Infranchisement of Copy-hold Lands made by a Lord of a Manor to his Copy-holder.
  • A Lease of Copy-hold Land, with the Lords Li∣cence recited.
  • A Release of a Copy hold Estate.
  • Copy of a Court Roll, or an Extract of a Surrender out of the Rolls of the Court.
  • Another form according to Littleton.
  • Surrender of Copy-hold Lands for Life, the Remainder in Fee, taken by the Steward out of Court.
  • A Surrender out of Court of a Reversion to the use of a Man and his Wife, and the Heirs of the Body of the Husband, the Remainder to the Heirs of the Body of the Wife, the Remainder to the Husband of the present Tenant for Life in Tayl, the Remainder to the present Tenant for Life in Tayl, the Remainder to another in Fee, with the Lords acknowledgment of a satis∣faction of a Fine; the Surrenderor surren∣dreth all his Right, &c. to the Husband and Wife, the present Tenant for Life, to the Uses aforesaid.
  • After abatement and intrusion the Lord seizeth the Lands, and grants them to the Abator for term of Life, Remainder to the next Heir of the Disseisee and in Tayl, Remain∣der in Fee.
  • Surrender out of Court to several Uses upon a Marriage Settlement.
  • Presentment of a Surrender made in Court, with the Admittance of the Tenant next Heir.
  • The finding of the death of a Tenant and of the Lands and Heir with the admission of the Tenant, and a Presentment made in Court between the Heir and his Mother touching her Dower, and the Mothers Re∣lease of her Dower.
  • Presidents of Copies of Court Rolls, Pre∣sentment by the Homage of the Copy-hold Customs. Several sorts of Surrenders, Ab∣solute, Conditional. Surrenders to the use of ones last Will. Presentment that Copy-hold Lands are Enfranchised. Admittances. Ad∣mittance by Guardian. Licence to demise for years. Releases. Proclamations for not coming in and taking up the Estate, and Seizure by the Lord, &c.
  • Nomina Officiar' pro Anno Sequente.
  • Homage and Presentment of Custom of the Manor.
  • Presentment of Copy-hold Custom.
  • Surrender by Baron and Feme.
  • Surrender ad usum ultimae voluntatis.
  • Grant of Wardship of a Tenant.
  • Surrender of Right, Title and Interest to two by moieties.
  • Admittance of a next Heir.
  • A Surrender by one in extremis by the hands of two customary Tenants, to the Use of his last Will, which is recited, To one for Life, the Remainder over, Tenant for Life surrenders to him in Remainder, on condi∣tion in the Will contained.
  • Licence to demise for years not exceeding one and thirty.
  • Presentment that the customary Tenant died seized, and that the Heir came not to take up the Land, and Proclamation made.
  • Presentment that the Mony mentioned in a Surrender was not paid at the time, ideo pro∣clamatio prima.
  • A Fine respited at last Court, now taxed.
  • Presentment, That whereas a Surrender precedent was chargable with payment of 100 l. to M. when he should attain the age of 21 years or day of Marriage, which should first happen, and with a like Sum to A. payable in the same manner. M. upon receipt of the 100 l. re∣leaseth, and the Surrendree secures the pay∣ment of the other 100 l. to A. by Lease.
  • Presentment that several Copy-hold Lands were Infranchised by the Lord.
  • Surrender on Condition.
  • Surrender to the Use of a youngest Son, con∣ditional for payment of Mony at several days.
  • A Surrender and Release for consideration of 400 l.
  • Surrender to the Use of ones last Will, to which a Codicil is annexed, and which is present∣ed by the Jury, and Admittance to Tenant for Life.
  • Second Proclamation for not coming in and ta∣king up the Estate.
  • Acknowledgment by the Lord that the Copy-hold is Infranchised.
  • Admittance by Gardian.
  • Tertia Proclamatio quia tenens non venit▪ ad capiend, &c. & seisin per Ballivum.
  • Licence to demise and fine pro Licencia.
• THE INDEX.
• BOOKS lately Printed for, and sold by John Walthoe, at his Shop in Vine Court, Middle Temple, ad∣joyning to the Cloysters.