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4. A Court Baron is incident to every Manor, and is Causa fine qua non, the very Prop and Pillar of the Manor; but sew Manors have Courts Leet, for inferior Lords of Manors cannot keep Courts Leet without a special Prescription, or some special Grant from the King.
5. In a Court Baron the Suitors are Judges, but in a Court Leet the Steward is Judge,
6. In a Court Baron the Jury may consist of less than twelve, but not in a Court Leet; for in a Court Baron none are impanell’d upon the Jury, but Freeholders of the same Manor ; but in a Court Leet Strangers may be impanelled.
7. A Court Baron cannot subsist without two Suitors ad minimum ; a Court Leet may subsist without any.
8. Courts Baron inquire of no Offence committed against the King; but Courts Leet inquire of all Offences under High Treason, committed against the Crown and Dignity of the King.
9. A Writ of Error lies on a Judgment given in a Court Leet, but not on a Judgment given in a Court Baron.
10. In a Court Leet a Capias lies ; but in a Court Baron, instead of a Capias, an Attachment by Goods is used.
II. In a Court Baron an A&tion of Debt lies for the Lord himself, because the Suitors are Judges; but in a Court Leet the Lord cannot maintain an Action
for himself, because the Steward is Judge. What is a A Copy holder is Tenant by the Copy of Court Copyholder. Roll, and is the only Tenant in Law which holds by
the Copy of any Record, Deed, or Charter. The Title or Estate of the Copyholder is entered into the Roll, whereof the Steward delivereth him a Copy ;
from whence he is called a Copyholder. His Eftate. A Copyholder originally had (in Judgment of Law)
but an Eftate at Will, yet Custom had fo established and affixed his Estate, that this by the Cuftom of the Manor is descendible, and bis Heirs shall inheric ic; so that the Custom of the Manor is the Life and Soul
of Copyhold Estates; for without a Cuftom, or if they break their Cuftom, they are subject to the Will of the Lord. And by Custom, a Copyholder is to have his Land according to the Custom, as he which had Freehold at Common Law.
As a Copyhold is created by Custom, so it is guided by Custom
A Copyholder doth not derive his Eftate out of the Estate or Interest of the Lord only, for then the Copy hold Eftate should cease when the Estate of the Lord determined; but the Copyholder is in by Custom.
Yet it is looked upon as a base Estate, and not so worthy as Freehold.
If a Tenant at Will be outlawed, his Eftate is determined ; but a Copyhold is not forfeited or determined by Outlawry.
In voluntary Grants made by the Lord himself, ge- Who may be nerally the Law neither respecteth the Quality of his Grantors of Person, nor the Quantity of his Efrate; for if he be Copyholds. an Infant, or Non compos Mentis, an Ideot or Lunatick, an outlaw'd Person, or an Excommunicate, notwithstanding these are Disabilities at the Common Law,, yet Grants made by him are good, by reason the Custom of the Manor confirms them to the Copyholder, if the Lord's Title to the Estate be good and lawful.
And 'tis not material whether the Lord's Estate be Quality of in Fee Simple, Fee Tail, or Dower, or as Tenant by their Éfates. the Curtesy for Life or Years, as Guardian, or as Tenant by Statute, or by Elegit, or at Will; the least of these Estates is a sufficient Warrant to the Lord to grant any Copyhold escheated unto him.
If the Lord of a Manor be attainted of Felony or Murder, by Verdict or Confession, any Grant by Copy made after the Felony or Murder committed and before the Attainder, thall stand good, notwithstanding the Relation.
The fame Persons, that are capable of a Grant by Who may be the Common Law, are capable of a Grant by Copy, Graniees. according to the Custom of the Manor, B 3
A Feme Covert may be a Purchaser of Copybold, and this Purchase thall ftand in Force until her Hulband disagreeth: Nay, a Feme Covert may receive a Copyhold Eftate by Surrender from her Husband, because the cometh not immediately by him, but by the Admittance of the Lord, according to the Surrender.
A Copyhold Interest cannot be transferred by any other Assurance than by Copy of Court-Roll, according to the Custom, and that by Surrepder.
If I will exchange a Copyhold with another, I cannot do it by an ordinary Exchange at the Common Law, but we must surrender to each other's Use, and the Lord admits us accordingly.
If I will devise a Copyhold, I cannot do it by Will at the Common Law, but I muft surrender it to the use of my last Will and Testament, and in my Will I must declare my Intent.
A Surrender (where by a subsequent Admittance the Grant is to receive its Perfection and Confirmation is rather a manifesting the Grantor's Intentions, than a paling away any Interest in the Poffeffion; for till the Admittance the Lord taketh Notice of the Grantor as Tenant, and he thall receive the Profits of the Lands to his own Use, and shall discharge all Services due to the Lord : But yet the Interest is in him but fecundum guid, and not absolutely; for he cannot pass away the Ertate to any other, or make it subject to any other Incumbrance, than it was subject to ai the Time of the Surrender : Neither is any manner of Intereft vefted in the Grantee before Admittance ; for if he enters, he is a Trespasser, and punilhable in Trespass; and if he surrender to the Use of another, this Surrender is void. Yet the Grantee cannot possibly be deluded or defrauded of the Effect of this Surrender; for if the Lord refuse to admit him, he is compellable to do it by a Subpæną in the Chancery, and the Grantor's Hands are ever bound from the disposing of the Land any other Way, and his Mouth ever stopp'd from revoking or countermanding his Surrender.
A Copy: A Copyholder may surrender his Copyhold by Attorney, in case he be in Prison, fick in Bed, or beyond the Seas ; but he may not be admitted by Attorney, because he must do Fealty in Person.
If a Copyholder languishing in Extremity surrenders out of Court to the Use of his Cousin in Confideration of Consanguinity, or to the Use of his Son in Confideration of natural Love and Affection, and after recovereth his Health before Presentment, this Surrender is revocable or countermandable ; but if it be granted for valuable consideration, as for the Discharge of Debts, it is binding and irrevocable; as are likewise all other Surrenders.
In voluntary Admittances the Lord is only esteem'd Admittances. Cuftom's Instrument; and if the Lord admits any one contrary to Cuftom, either in Reservation of the Rent, or in any other Particular, this shall not bind his Heir or Successor, because Custom hath not sufficiently confirm'd it.
And as in Admittances upon Surrenders, so in Admittances upon Descents, the Lord is used as a mere Instrument, and no manner of Interest passeth out of him; and therefore neither in the one nor in the other is any Resped had unto the Quality of his Eftate in the Manor; for whether he hath it by Right or by Wrong, it is not material; these Admittances thall never be called in Question for the Lord's Title, because they are judicial A&ts, which every Lord is injoined to execute. Co. 4. Fo.27.b. Co. 1. Fo. 140.6.
Admittances by the Lord to a wrong Person is void and of no Effect, and in such case the Lord mult make a second Admittance, which must be to the right Person, and he will enjoy the Estate, and the first have nothing.
If I surrender with the Reservation of a Rent, and the Lord admits, not reserving any Rent, or reserving a less Rent than I reserved upon the Surrender, this Admittance is wholly void : So if I surrender upon Condition, and the Lord omits the Condition, the Admit
tance is wholly void, for the Admittance in all Re. Spects must agree with the Surrender.
Tho’a Man may not enter upon Lands upon a Surrender before Admittance, yet the Heir upon Descent, where there is no Surrender, is to most Intents a perfect Tenant of the Land instantly upon the Death of his Ancestor; for he may enter into the Land before Admittance, take the Profits, punith any Trespass done upon the Ground, surrender into the Hands of the Lord to whose use he pleaseth, &c.
The Custom of every Manor is compulsory in Point of Admittance ; for either upon Pain of Forfeiture of their Copyhold, or of incurring some great Penalty, the Heirs of Copyholders are inforced to come into Court, and be admitted according to the Custom, within a Mort Time after Notice given of their An: cestor's Death,
Services of Submission are Homage and Fealty, which are certain Ceremonies used among Tenants, whereby they submit themselves unto their Lords, and bind themselves by folemn Oath, or by faithful Promise, from that Day forward to become the Lord's Men, for Life, for Member, for, terrene Honour, to owe unta him Faith for the Lands which they hold of him. These Ceremonies are used at the first Entrance or Admittance, of any Tenant, to enforce him to ac, knowledge and confess himself Tenant unto his im. mediate Lord.
Homage and Fealty differ in the following Points, viz. in doing Homage the Tenant kneeleth; in doing Fealty he standeth. In doing Homage the Tenant must remain uncover’d; in doing Fealty he may remain cover'd. In doing Homage the Lord kiffeth the Tenant; in doing Fealty be kifles him not. In doing Homage the Tenant promiseth to become the Lord's Man for Life, for Member, and terrene Honour ; and in doing Fealty he only sweareth to become the Lord's faithful Tenant. In fhort, Homage especially conçerneth Service in War, to attend their Lords; and