has as much Power as the Lord, except in Admittances out of Court, as I have faid before.

If the Under Steward hold a Court within the Manor, and grants Copies by Court-Roll, without the Authority of the Lord or the High Steward, the Grants are good; but contrary it is if he does it out of Court.

The Steward is Judge of the Court Leet, and alfo Judge of the Matter of Law in the Court Baron, altho' the Jury are Judges of the Matter of Fact.

Cuftom taketh Beginning and groweth to Perfec- Custom. tion in this Manner: When a reasonable Act once done is found to be good and beneficial to the People, then do they use it often, and by frequent Multiplication of the A&t it becomes a Cuftom; and being continued without Interruption Time out of Mind, it ob taineth the Force of a Law, to bind fuch a particular Place, Perfons and Things, wherein it is concerned.

A good Cuftom muft be grounded on Antiquity, Continuance, Certainty and Reafon. Antiquity; for that it has been Time out of Mind, or fixty Years, as limited by Statute; Time out of Mind is where no Man then living hath heard or known any Proof to the contrary. Continuance; Cuftom ought to have Continuance without Interruption Time out of Memory; for if it be discontinued Time within Memory, the Custom is gone. Custom must be certain, because an uncertain Thing may not be continued Time out of Memory; and Custom must be reasonable, and not against common Right, or purely against the Law of the Land, efpecially the Statute Law; tho' in fome Cafes a Cuftom may not be unreasonable which is contrary to a particular Rule or Maxim of the pofitive Law, as the Customs of Gavelkind and Borough Englilh, St.

Cuftom is the very Soul and Life of Copyhold Eftates, for without Cuftom, or if they break their Cuftoms, they are at the Lord's Will.

An unreasonable Cuftom, as for a Lord to exact unreasonable Fines, for a Tenant to cut down and fell Timber Trees, or the like, is void.

Iffue of a Copyholder is beyond Sea at the Time of the Death of his Ancestor: The Cuftom of the Manor is, That thofe who claim Copyholds by Descent ought to come at the Firft, Second or Third Proclamation in Court, to take up their Eftates, or else they fhould be forfeited; after thefe Proclamations pafs'd, the Heir beyond Sea did not return in two Years, but upon Return prayed to be admitted, and profer'd his Lord his Fine in Court; which the Lord refused to accept of, and to admit the Heir, but feized the Land, as forfeited; It was adjudged in this Cafe, That it was no Caufe of Forfeiture, because the Heir was beyond Sea at the Time of the Proclamations, and the Lord was at no Prejudice.

Copyholder committing Felony makes a Forfeiture of his Eftate, tho' he be afterwards acquitted by the Jury; as fome are of Opinion.

Cuftom of a Manor was, That every Copyholder at his Death fhould pay to the Lord his beft Beaft for a Heriot. A Feme Sole within the Manor, Tenant for Life, took a Hufband, and died. It was adjudged in this Cafe, That altho' the Cuftom was good, yet as this Cafe was, no Heriot fhould be paid, because the Wife had not any Goods or Chattels to pay the fame.

Cuftom, that a Copyholder in Fee might name his Succeffor, and fo in perpetuum, and that such a Copyholder in Fee might fell Timber, adjudged a good Cuftom.

Under-Tenant, altho' he be but Tenant for a Year, yet he fhall have all the Benefits and Privileges which the Copyholder himself might have, and he is diftrainable for the Rents and Services due and payable to the Lord; for the Charge lies upon the Land, and not upon the Perfon.

By the Cuftom, the Lord, as Chancellor in his own Court, may dispose of a Copyhold Estate, when the Tenant leaves it uncertain.

A Custom

A Custom which is contrary to the publick Good, or injurious to a Multitude, and beneficial only to fome particular Perfon, is repugnant to the Law of Reason, and confequently void.

All Cuftoms fhall in Conftruction be taken strictly, and shall not extend beyond the Words of it.

A Cuftom never extendeth to a Thing newly created; but what may be claimed by Prescription may be good by Custom; and what may have Commencement by Grant may be claimed by Prescription.

If the Lord of a Manor is feized of an ancient Copyhold by Forfeiture, or by Efcheat, and lets the fame at Will, without Copy, for divers Years; this is not any Interruption of the cuftomary Nature of the Land, but that the Lord may grant it again by Copy.

Now I have given you a fhort Account of every Thing relating to Court-Keeping and Copyholds, according to Law and Cuftom; I fhall clofe this Introduction with a very good Cuftom of a Manor at large, as prefented on Oath by the Tenants, in a Manor wherein I have been concerned as Steward for many Years paft, which is worth your Obfervation.

IN the firft Place, That the Bounds of the faid Manor of H. begin at the Lord's Mill, thence as the Water leads to D. thence to L. thence to the Woods called P. thence to S. thence to the Foot of B. where the two Waters meet; thence up the Hill to 7. leaving P. on the Right Hand; thence to the Eaft Side of B. thence down to H. Mead; thence to, &c. Or that the faid Manor is bounded on the North with the River L. dividing it from the Manor of L. belonging to J. H. Efq; on the South with the Manor of K. belonging to, &c. on the Eaft with Mere Stones, dividing it from the Manor of M. and on the Weft with Lands of G. J. Gent.

Alfo, That all Manner of Royalties within the faid Manor in Right belong to the Lord of the faid Manor, and to no other Perfon or Perfons whatso

ever.

Also,

Also, That heretofore, within the Memory of Man, in the Town of H. was kept one Market Weekly on the Saturday, and alfo Yearly two Fairs, viz. the one on the Five and twentieth Day of March, and the other on the 29th Day of September, for all Manner of Wares.

Alfo, That every Freeholder within the faid Manor ought to make his Appearance at the Court there holden Yearly; otherwife, without lawful Excufe, to be amerced; and that every cuftomary Tenant ought alfo to make his perfonal Appearance at the Court Leet and Law-day, as often as they and every of them fhall be fummon'd; otherwife, without lawful Excufe, to be amerced; unless he be a Seaman, and at the Time thereof at Sea, when he may be lawfully excufed.

Allo, That every cuftomary Tenant of the faid Manor ought to grind all his Corn and Grain at the customary Mill of and belonging to the Lord of the faid Manor, fo as the Miller in the fame ufe him honeftly.

Alfo, That all the Tenants Yearly, at the Feast of St. James the Apoftle, ought to make clean the Water Regal from the Lord's Mill down along the Watercourfe through H. Town to the Demefne Lands, as the faid Water-courfe doth lead, every Tenant against his own Ground; if any make Default therein, he is to be amerced.

Alfo, That the Bailiff, Tythingman, Tenant, and whole Homage within the faid Manor, upon the Death, Surrender, or Forfeiture of any Tenant within the fame Manor, ought to view the Decay of his Tenement; and if any be, to prefent the fame at the next Court.

Alfo, That every Tenant by Copy may have three Lives in his Copy, viz. the Man, his Wife, and two others; and if the Hufband departs this Life, the Wife named in the Copy for Term of her Life may marry again, and hold the Tenement during her Life; but if it happen the Wife dies before her Husband, and the C 4 Huband