any Stranger claiming this Copyhold, because if it was not in the King's Hands, he might fue for it in the Lord's Court, but the King cannot be fued there. Hard. Rep. The King against Holland.

Alienation, If a Tenant for Life of a Manor granteth a Licence to a Copyholder to alien, and dieth, the Licence is deftroy'd, and Power of Alicnation ceaseth. Quia nemo poteft plus juris in alium transferre quam ipfe habet. Coke Copyh. 97.

By the Custom of a Manor, a Heriot was to be paid upon every Alienation or Surrender, &c. A Copyholder aliened Part of his Lands to one, and Part to another, and kept the other to himself, and furrendred thofe two Parts to the Ufe of the two Alienees. The Question was, whether he fhould pay more than one Heriot; it was infifted, that this being an Heriot Cuftom, which is against common Right, it ought not therefore to be multiplied; but adjudged, that a Heriot fhall be paid for the Alienation of each Part; for otherwise it would be in the Power of all Copyholders to defeat the Lord of his Heriot, by making Alienations of Parcels; and in this Cafe the Alienor fhall pay the Heriot, because he is ftill Tenant of the Manor; but at every Alienation afterwards, the Alienee fall pay them. Palmer 342. Snag against Fox.

All entire Services, fuch as to render an entire Chattel, either of Profits or Pleasure, upon the Death of a Tenant, fhall be multiplied by Alienation of any Part of the Tenancy, and likewife by Purchase of Part by the Lord, fhall be extinguished; therefore where a Tenant holds Lands by Fealty, Suit of Court, and an Heriot to be paid af ter his Death, this is Heriot Service, which differs from Heriot Customs; for that is where the Lord of the Manor hath by Cuftom Time out of Mind, had

the

the beft Beast of every Tenant dying feifed, &c. 8 Rep. 105. in Talbot's Cafe.

All Alienations of Copyhold must be by Surrender into the Hands of the Lord. Coke, Copyhold.

112.

Alienation of a Freeholder by Indenture.

THE Jury aforesaid upon their Oaths fay,

That Thomas M. who held, free of the Lord of this Manor, one Meffuage, &c. with the Appurtenances in D. within the Manor aforefaid, by his Deed indented, bearing Date the fifth Day of February, in the Sixth Year of our now Sovereign Lord G. of Great Britain, &c. King, &c. gave and granted, all and fingular the Premises aforesaid, with the Appurtenances, to John F. bis Heirs and Aligns for ever, to hold of the Chief Lord or Lords of that Fee, by Custom, Rent and Services, heretofore owing, and of Right accustomed, which Premiffes the aforesaid John F. truly holds of the Lord of this Manor, by Fealty, Suit of Court, and annual Rent of 10 d. and to this Court, &c. [See Admittance.]

Alienation in Fee by a Customary Tenant.

I

T is prefented by the Homage aforesaid, that Thomas F. a Cuftomary Tenant of this Manor, who held of the Lord of this Manor, by Copy of Court-Roll, according to the Cuftom of the Manor aforefaid, one Meffuage, &c. with the Appurte nances in H. within the Manor aforefaid, out of Court, and fince laft Court, to wit, the 17th Day of February, 1731. furrendred by Rod into the

C 3

Hands

Hands of the Lord of the Manor aforesaid, by the Hands and Acceptance of William R. and John W. · two like Customary Tenants of the faid Manor, all the Premises aforesaid, with the Appurtenances, To the Ufe and Behoof of C. Y. his Heirs and Affigas for ever, according to the Cuftom of this Manor, Now to this Court, &c. [See Admittance.]

See Forfeiture, Monckton.

Alodium, the Saxon Conquerors being a confederated People, who fought for what they could get, all having a Share in conquering the Britons, every Leader had an agreed Portion of their Lands.

The Captain, or Commander of a Company, had a Proportion of Land fet out to him for himself and his Men, under no other Condition but to maintain those who had ferved in the Wars under his Command; and this Captain being accountable to no Superior for the Land allotted to him, had in his Diftri&t Directum Dominium in his Lands, holding them of no Superior, which was the Alodium of the English Saxons, his Land being fubject to no other Duty, than what the common Bond of Union and Intereft obliged them to, which in Latin is termed Trinodis Neceffitas, viz. Expeditions against Enemies, Building and Repairing Castles, Forts and Bridges, for the Maintenance and Defence of their Conquefts; and from hence the original of Tenures feems to be deriv'd. Gurdon's Hift. 623, 624.

See Gavelkind, Heriot.

Alredale, William de Boyvile held by Serjeanty, to find a Forester in the Ward of Alredale, and took for the Maintenance of his Forefter, of the Town of Alredale, every Day 3 d. from the Feast of

St.

St. Michael, until the Feast of the Apoftles Philip and James, and from that until the Feast of St. Michael every Day 2 d. Pla.Cor. 20 Ed. 1. Cumbria.

Alteration, of a Cuftom by Confent of Lord and Tenants, allowed and decreed in Chancery. Dyer against Dyer, 10 July, 44 El.

It is a good Cuftom, that the Copyholder had used to pay a Fine, upon every Alteration of the Tenant, either by the Act of God, or Act of the Party. Co. Lit. 59.b.

Alton, in Trefpafs for erecting a Stall in the Market-place, &c. the Defendant pleads in Bar, that the Manor of Alton in Hampshire is Ancient Demefne, and that he is feifed in Fee of Half an Acre of Land held of the faid Manor, and that there was a common Market there held, and kept in the Market-place, Time out of Mind every Saturday: Then he fets forth a Cuftom in the faid Manor for the Tenants thereof to be quit of Stallage in the faid Market, for their Goods, &c. fold therein; and that they might erect Stalls there to fell their Goods, in the Market every Market-day; and that he being a Butcher, and Tenant of the faid Manor, did on fuch a Market-day, fet up a Stall there to fell Flesh, but did not fay his Flesh; and upon a special Demurrer to this Plea, it was adjudged to be an ill Plea, because the Defendant did not fet forth, that the Stall was fet up to fell his Flesh, for it might be the Flesh of another Butcher, and fo not within the Cuftom. 3 Lev. 190. Chatin against Betfworth.

Amerciament, is properly a pecuniary Punishment for any Offence committed against the Lord; or 'tis a certain Sum of Money impofed by the Steward upon the Tenant, on the Preféntment of the Homage, for the Breach of any By-Law, or for

C 4

not

not doing Suit and Service to the Court, or for other Mildemeanors punishable in a Court-Baron.

Debt lieth by the Lord, for Amerciament in his Court-Baron affeered, and there held that the Defendant may wage his Law in his Action; alfo Amerciament may be in a Court-Baron upon the Plaintiff, if he be nonfuited, and upon the Defendant if it be found against him; or if he fail of his Law. Statham, 12 R. 2. fol. 65. Kitchin 155.

In Trespass the Defendant juftified the Taking for an Amerciament in a Court-Baron, and upon Demurrer to the Plea, the Plaintiff had Judgment; because the Defendant did not fet forth, that the Amerciament was affeered. 3 Lev. 19. Conyers against Frank.

Adjudged that the Beasts of a Stranger found on the Lands cannot be diftrained for an Amerciament, as they may for Rent and Services. Noy 20. Pell against Towers.

Upon a Writ of Error to reverse an Amerciament which was affeered in a Court-Leet, the Error affigned was, that the Amerciament was unreasonable; but adjudged that after it was affeered, it cannot be revers'd for the Unreafonablenefs of it, for in fuch Cafe the Writ De moderata Mifericordia doth not lie. Bulft. 125. Stubbs against Flower.

Trefpafs for taking a Silver Tankard, Defendant justified by Virtue of a Prefentment, in a CourtLeet, that the Plaintiff melted Tallow in a Cellar within the Jurifdiction of the Leet, Ad commune pocumentum, for which he was amerced by the Jury to 5 s. and having Notice thereof, and being required to pay it, he refused; whereupon the Defendant, as Bailiff to the Dean and Chapter of Weftminter, and by their Command, took the Tankard, c. the Plaintiff demurred to this Plea, and object

ed