Publisher's Synopsis
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1764 edition. Excerpt: ... law rtgardeth them no more than a meer tenant at will; for the freehold at the Common law resteth not in them, but in their lords, unless it be in copyholds of frank-tenure, which are most usual in ancient demesne. Though sometimes out of ancient demesne we shall meet with the like sort, of copyholds: as in Nertbamptonjhire there are tenants which hold by copy of court-roll, and have no other evidence, and yet hold not at the will of the lord. These kind of copyholders have the frank-tenure in them, and it is not in their lords, as in case of copyholds in base tenure. Besides, copyholders shall not attorn upon the granting away of the manor, no more than tenants at will at the Common law j and their estate can be no infranchisement to a villain, no more than a meer estate at will. And farther, their lands are parcel of the lord's demesnes, as well as lands granted away at will, according to the course of the Common law: and for his title and afiurance, that is according to the custom of the manor. For the custom of the manor hath so established and so fixed them in their land, that if they do their services and duties, and perform the customs of the manor, they are as well inheritable, according to the custom, as he that hath a frank-tenement at the Common law. And since custom is-the life and foul of copyhold estates, and whatsoever shall or can be spoken teuching copyholds ariseth from this head and from this fountain; give me leave in the second place to speak something concerning them. SECT. fe SECT. XXXIII. rUST 0 MS are defined to be a law or right not written, which being established by long use and the consent of our ancestors; hath been and is daily practised. Custom, prescription and usage, howsoever there Custom, prebe...
