A Treatise on Copyholds

one would, in many parts, relate more immediately to local matter, the communication of any curious entries, customs, &c. relative to particular manors, would be much esteemed. He was induced to make such intimation from being sensible that such entries, &c. though immediately of local relation, frequently illustrated the general law. However, it only remains for him to say, that not a single communication has been made to him in consequence of what he then said; and, therefore, he has no one to thank. The communications which he received were from friends, who made them independently of that intimation, and towards whom he shall retain a just sense of gratitude.

Whatever the defects of this Treatise may be, the Author now commits it to the world; conscious that some pains have been taken to make it useful, and satisfied that they will not be wholly disregarded by those, the approbation of whom only, he feels any wish to obtain.

CONTENTS

OF VOL. II.

N. B. The Figures refer to the marginal Paging,

CHAP. I.

OF COURTS.

F jurisdiction under the feudal law, page 1. In

criminal causes, 2. (Court leet, 3.) In civil causes, 4.

-Court-baron, ib.-Customary court, ib. Who may

hold a customary-court, 6. Parceners, ib. Dow-

ress, 7.-Grantee of the freehold, ib. Where to be

held, S.-Within the manor or honour, ib. Courts

held in the open air, 9. Under trees, 13. In the

gates of the city, 15. Halls, 16. When to be held, 19.

Requisition to hold a court, 20. Holding a court in

the night, 21. Who shall preside in the customary-

court, 22.-Lord pro tempore, ib. Lord sits as Chan-

cellor, 24. Steward, 25. Under-steward, 28.-Man-

ner of holding a customary-court, ib.-Notice, ib.-

Form of the notice, 29.

ing of the court, 32.

ib.-Homage sworn,

Stile of the court, 30. Open-

Suitors called, 33.-Essoigns,

ib.- Oath, ib. Plaints, 34.

[The figures refer to the marginal paging.]

Form of the plaint, 35. Formedon, 36. Entry in the
per, ib. Limitation, 37.-Ejectment, ib. Error, how
redressed, 38. Recoveries, 39.-Fines, ib. Present-
ments, 42. Proclamations, 43.-Surrenders, &c. ib.-
Minute-book, ib.-Dissolution of the court, ib.-Rolls,
ib. May be amended, 45.-Inspected by the tenants,
ib. Are evidence, 46. Forging rolls, 47.-Destroying
them, ib.

CHAP. II.

OF CUSTOMS.

What, 54. Requisites of a custom, 55.-Must be

immemorial, ib.-uninterrupted, ib.-peaceable, ib.—

reasonable, ib. Certain, 56.-compulsory, ib.—not

inconsistent with another custom, ib.-nor contrary to

the prerogative, ib.-Trial, ib. Proof, 57. Evidence,

58. Customs taken strictly, 59. Borough English,

60. As to collaterals, ib.-as to lineals, ib. Tenant

dying seized, 61. Surrenderee, 62.-Cestuy que trust,

ib. Remainder, 63.-Reversion, ib. Rent, ib. Estate

per autre vie, 64.-Child en ventre sa mere, ib. Of

customs running with the land, 65.

CHAP. III.

OF FREEBENCH.

What, 68. Curtesy, 70. Freebench only claimable
by custom, 72. Does not attach till the death of the

[The figures refer to the marginal paging.]

husband, 73. How defeated, 74. No freebench of a

trust, 79. But freebench shall be subject to a trust, 82.

Freebench against the lord by escheat, 85.-or grantee

of the freehold, ib. Widow to have the whole or a

part as her freebench, 87.-For what estate, ib. Free-

bench is a continuation of the husband's estate, 89.-

When the widow may enter before admittance, ib.

When not, 90.-Assignment, ib.-Plaint, ib.-Da-

mages, 91.-Admission, &c. ib.-CURTESY, 92.

CHAP. IV.

OF GUARDIANSHIP.

Proclamation for the heir to claim, 96.-Seizure on

non-claim, ib. Quousque, 97. Infant heir not bound

by non-claim, 98.-Age of majority, ib.—Guardian in

chivalry, 99; in socage, 100; by custom, ib. Of co-

pyholds without custom, 101. Under the statute

9 Geo. for admittance, 102. Under the statute of

Car. II. by will, 103. Duties of the guardian, 105.

Forfeiture of the wardship, 107. Revocation of ward-

ship, 108. Form of appointment of guardian, 109.

CHAP. V.

OF LICENSE.

What, 111.-Who may grant a license, ib.-Lord
having a particular interest only, ib. Lord by wrong,
112. Lord by right cannot affect the freehold except

[The figures refer to the marginal paging.]

as to his own interest, 113. Steward, 117.-The co-

pyholder must pursue his license, ib. License on con-

dition, 119.-License to demise for life, not good, ib.

License to a tenant in tail, 120.-Agreement for li-

cense, ib.-Custom in case the lord refuse license, ib.

Term under a license is a common-law interest, 121.

-Forms of license in court, ib.-Out of court, 122.

-Covenants in a lease under license, ib.-To fell

timber, 123.

CHAP. VI.

OF HERIOTS.