Court, died feifed of, &c. [here recite the Premiffes] holden of this Manor, and that B. A. is his eldeft Son and Heir [as it is] whereupon you come into Court, and crave to be admitted Tenant to the Premies. The Lord of this Manor, by me his Steward, doth hereby deliver you Seifin by the Rod, and admit you Tenant to, &c. [here recite the Premiffes] to hold to you and your Heirs for ever [as it is] of the Lord by Rod, to the Will of the Lord, according to the Cuftom of this Manor, by Fealty, Suit of Court, Cuftom, and yearly Rent, and all other Services heretofore owing, and of Right ac-· customed; you paying your Fine.

Then let him swear Fealty. [See Fealty.]

N. B. Every one to be admitted, muft before
Admiffion pay the Arrears of Rent, or elfe the
Same is loft.

Forms of Admittances.

Admittance of an Heir on the Death of the
Copyholder.

T

O this Court it is prefented by the Fury of Homage, That James G. late a Customary Tenant of the Manor aforefaid, who held to him and his Heirs of the Lord of the Manor aforefaid, according to the Cuftom of the Manor aforesaid, one Cottage or Tenement, one feeding Part, &c. fituate, lying and being in the Manor aforefaid, fince the laft Court, died feifed thereof, and that Will. G. his Son, is next Heir, and of full Age; Now to this Court came the faid Will. G. in his own proper Perfon, and humbly craved of the Lord of the Manor aforefaid, that he might be admitted Tenant to the Premiffes

aforefaid, by his

Quit Rent 2 d.
Fine 8 d.

Premiffes aforefaid, and the Lord of the Manor Steward aforefaid, did deliver Seifin thereof by the Rod, To have and to hold all the faid PremifJes to him the faid Will. G. his Heirs and Affigns for ever, of the Lord, by the Rod, to the Will of the Lord, according to the Cuftom of the Manor by Fealty, Suit of Court, Custom and yearly Rent, and all other Services heretofore owing and of Right accustomed, fo always faving the Right of the Lord, the aforefaid Will. G. is admitted Tenant thereto, in Form aforefaid, and paid to the Lord for the fame Fine, as in the Margin, and did Fealty to the Lord.

G. B. Steward.

Admittance of a Freeholder.

O this Court came William A. and acknow ledged [See Acknowledgment] himself to be a Freeholder of the Lord of the Manor aforesaid, of two Cottages, and ten Acres of arable Land, with the Appurtenances, which is defcended to the faid William A. from Tho. A. his Father; by Fealty, Suit of Court, annual Rent, &c. and did Fealty to the Lord, and paid to the Lord for Relief 4 d. and is admitted Tenant thereof.

See Acceptance, &, Attorney, Bankrupt, Baron and Feme, Condition, Conveyance, Coparcener, Fine, Foz feiture, Free Bench, Guardian, heir, Infant, Joint Copyholder, Lozd, Marriage, Mortgage, P2oclamation, Re covery, Reversion, Stamp, Steward, Surrender, Widow, Wm.

Advantage, Copyholder doth waste, the Lord dies, the Waste is prefented in the Court, and the Lord's Heir enters; the better Opinion is, he cannot enter. Per Dodderidge, Actions Ancestrel fhall defcend to the Heir, but not Forfeitures, which are in the Will of the Lord to take Advantage of, or not. Palmer's Reports 416. Cornwallis and Hammond. 18 Eliz. in Harper's Reports, cited by Latch, p. 227. in Cornwallis's Cafe. The Cafe was, the Lord and two Copartners Copyholders, the one makes a Feoffment, and the Lord makes a Lease of the Manor, the Leffee fhall not take Advantage of this Forfeiture, because he is not privy to the Title; but if the Leffor dies, it was agreed the Heir fhould take Advantage of it. Quare.

It's a mifchievous Cafe, if the Lord fhould be fuffer'd to rake up old Forfeitures, a long Time paft; and yet on the other Side, there is no Reafon that the Lord fhould be abridged of his Right. And it is adjudged 2 Sid. 9. Chamberlin and Drake's Cafe, That the fucceeding Lord fhall not take Advantage of Wafle made in the Time of the preceding Lord.

Leffee for Years of a Manor is Dominus pro Tempore; and therefore if a Copyholder commits any Forfeiture, fuch Leffee fhall take Advantage of it. I Brownl. 132.

See Affirmance, Bargainee.

Ad voluntatem Domini, Plaintiff brought an Action on the Cafe for disturbing him of his Common, appertaining to his Copyhold Meffuage, fetting forth, that he was seised of a Meffuage, and ten Acres of Land in N. Parcel of the Manor of Wakefield, which he held in Fee by Copy of Court-Roll Secundum confuetudinem Manerii, (according to the Cuftom of the Manor) but did not

fay

tiff) and his Heirs; and that afterwards the Defendant put his Cattle on the faid Wafte called Ala-: more, by Reafon whereof the Plaintiff could not enjoy his Common in fo large and beneficial a Man ner as he ought, &c.

The Defendant pleads in Bar, and confeffes that Sir William Child was Farmer of the Manor of Oxton Nether hall, and that the faid twenty Acres were Copyhold and Parcel thereof; and he likewise confeffed the Right of Common, as alledged in the Declaration, and the Grant of the twenty Acres to the Plaintiff; but pleads, that the Archbishop of York, before the faid Grant made to the Plaintiff, was feifed in Fee of the Manor of Southwell, of which one Meffuage and thirty Acres of Land, &c. was Parcel and Copyhold; and fo lays a Prescription in the Archbishop to have Common in the faid Wafte called Alamore, for all his Copyhold Tenants of the faid Meffuage, and thirty Acres of Land; and that at fuch a Court held for the faid Manor of Southwell, the aforefaid Meffuage, and thirty Acres were granted to one Robert Watfon in Fee, who was Father of the Defendant John Watson, and to whom the fame defcended after the Death of his faid Father; and that he entred, and fo juftified the putting in his Cattle, &c. and averred it to be the fame Caufe of Action, &c.

The Plaintiff replied, and again averred the Prefcription in Sir William Child, and traversed the Prefcription in Bar.

The Defendant rejoined, and took Iffue upon that Prefcription, which was tried at the Affifes, and a fpecial Verdict found, That Alamore Wafte was in the Foreft of Sherwood; and that the faid Meffuage and thirty Acres of Lands, for which the Defendant prescribed to have Common, was within the

Purlieus

Purlieus of the faid Foreft; and they found that the Defendant had Right of Common there, &c. but whether fuch a Prefeription to have Common in a Foreft, was good, or not, they left to the Judgment of the Court, and fo made a general Conclufion.

In arguing this Special Verdict, the Counfel for the Plaintiff objected, that the Prescription alledged in Bar was ill; it being for a Copyholder to have Common in a Foreft abfolutely, without excepting the Fence-Month, and alfo for Sheep which are not commonable in a Foreft, because they bite so near, that the Deer may be starved.

But these Objections were not allowed, because there are Authorities in Point, That a Man may prefcribe for Common for Sheep in a Foreft, viz. 2 Cro. 155. W. Jones 285. Englefeild's Cafe; and likewife without excepting the Fence-Month. 3 Lev. 98. Trigg and Turner's Cafe.

The Defendant had Judgment. 1 Lutw. 81.: Grammer against Watson.

Alderman, Refolved, That an Alderman of London who hath Houses and a Seat in the Country, fhall not be obliged to ferve as a Conftable there, by Reason of his Privilege as an Alderman. Cro. Car. 585. Abdy, Alderman of London's Cafe. See Leet.

Alien, One Holland purchafed a Copyhold of Inheritance in Truft for an Alien, and upon an Inquifition found, the Lands were feifed as forfeited to the King; and the Question in the King's Bench was, whether thefe Copyhold Lands thus purcha fed for an Alien were forfeited; and adjudged that they were not; because if they fhould be forfeited, then the Lord of the Manor would lofe his Fines and Services; it might likewife be prejudicial to any

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