Steward, who by these has a very great Power annexed to his Office, may fee the Extent thereof at one View, and confequently what thofe Offences are, the Breach of which comes under his Cognizance; and the Cafes in Law relating to Copyholds being fubjoined may very properly be termed Readings on the Statutes concerning Manors and Copyhold Estates. It is obfervable that all the Books of Court-keeping treat of the Court of Survey, which in this Treatife is wholly omitted; the Author's Reafon for it is this, By Stat. of Marlebridge, cap. 22. None may diftrain his Freeholders to answer for their Freeholds. And Lord Coke in his 2 Inft. 142. fays, That before this Statute, Lords would diftrain their free Tenants to come and shew their Deeds, efpecially their original Deeds, which oftentimes brought in Queftion the Title of the Freehold it felf. By Stat. 15 Rich. 2. cap. 12. None of the King's Sub•jects can be compell'd, peither by any Means conftrained to come, nor to appear before the Court of any Lord or Lady, to anfwer for his Freehold, nor for any Thing touching his Freehold. And the Stat. of 16 Rich. 2. cap. 2. confirms the foregoing Statute, and lays a Penalty of 20 1 on any Lord or Lady, or other 5 Perfor Perfon who shall act contrary thereto. The Author therefore in Lieu of the Court of Survey has inferted the Court of ancient Demefne, (which is but flightly treated of in any Book hitherto extant together with the original Writs, (which are not Viscountiel) relating to that Court, Courts-Baron, &c. translated from FitzHerbert, with Sir Matthew Hale's Notes thereon. Perhaps there are fome Things in the enfuing Work, which may not feem to come within the Defign of a Treatife of this Sort, fuch as Fee-farm Rents of the Crozon, and fome fez Tenures and Customs belonging only to a half hide of Lands; but they iffuing out of Honours or Manors will be found, upon a more intimate Perufal, not to be without their Ufe. Upon the whole the Author furrenders the following Sheets to the Use of the candid Reader, hoping thereby to be admitted zzto bis Favour. Inner Temple, THE Common and Statute LAW of England, relating to MANORS and Lords of MANORS, &c. COMMON PLACED. Bato is a Person that abateth or enters into a House or Land, void by the Death of him that laft poffeffed the fame, before the Heir takes Poffeffion, and by that Means keeps out the Heir. See Admittance. Acceptance is in Nature of an Agreement to an A& done, which might have been avoided, if fuch an Agreement had not been made. Infant Copyholder in Fee leafeth for Years, without Licence by Parcel, rendring Rent; at full Age he accepts the Rent, being admitted to the Copyhold, and after oufts his Leffee. Leffee brought Ejectment; Judgment for the Leffee. By the Court: This Leafe for Years is no Diffeifin to the Lord, though it be a Forfeiture, and this Leafe is not void but voidable, and may be affirmed by Acceptance. Noy p. 92. Afhfield's Cafe. Latch, p. 199. 2 Roll's Rep. 256. If a Copyholder in Fee furrender to the Ufe of another, and after at another Court, he, to whose Use the Surrender was, furrenders the Land to the Ufe of another; this fhall enure as an Admittance upon the first Surrender, and after a Surrender; for by the Acceptance of the Surrender, he is admitted Tenant. 1 Roll. Abr. 505. Calchin's Cafe. And it differs from Telverton 144. and Cro. Fac. 36. for that the firft Surrender was a Purchafer. Copyholder fold Timber off the Land; Lord enters, Copyholder dies; the Lord feifes a Beast, the Heir brought Trespass; the Plaintiff juftified the Seifure of an Heriot. By the Court: In Ejectment, this being the Defendant's Evidence, Juftification for Heriot-Service or Seifin of Ancestor, is an Acceptance of the Heir as Tenant, and purgeth the Forfeiture; otherwife on Acceptance, Juftification or Avowry for Heriot-Cuftom; but now there being an actual Entry in the Life-time of the Ancestor by the Lord for the Forfeiture, no Acceptance after will purge it. 3 Keb. 641. Pafcal and Wood. The Lord after Acceptance of Rent cannot enter upon the Leffee of a Copyholder. 1 Keb. 15. See Admittance, Baron, Bill, Determine, Destroy, Infant. Acceffary. |