Jurisdictions, Part 81
Copy-holders.
Now let us ſee of Copy-hold, which is the 22 Article of the Charge, and firſt, what intereſt a Copy-holder hath by the Law, and what by the cuſtome.
TReſpaſſe by Tenant by Copy, it doth not lie againſt his Lord for his Copy-hold. Beſides Danby and Bryan, 21 Ed. 4. But he ſhall have a Subpena againſt his Lord, and not a treſpaſſe. 7 Ed. 4. fol. 19. And at ths day it is held that a treſpaſſe lies.
Tenant for life by Copy, ſhall ſay in his pleading, that he is ſeiſed in his demeſne as of a freehold, according to the cuſtome of the Mannour, and if he hath fee, that he is ſeiſed in his demeſne as of fee, according to the cuſtome of the Mannor, and juſtifie not that they have no freehold at the common Law, but by the cuſtome; ſo that Copyholder hath fee and freehold by the cuſtome, and not by the common Law, as it ſeems by this book. 21 Ed. 4. fo. 96.
Treſpaſſe againſt the tenant by Copy, hath aid of his Lord, 15 H. 7. fol. 10. and 21 H. 6. the ſame.
Copy-holder may have treſpaſſe againſt one of trees cut, though that the Freehold be in the Lord. So by this it ſeems, that he may have treſpaſſe againſt every one for treſpaſſe made upon the Land, but againſt the Lord, 2 H. 4. fol. 13.
The Dean of Pauls hath a Lordſhip of Ploughers, and all the tenants are tenants at will, and the freehold is in the Lord; and there i… appears, that a Copy-holder may have a treſpaſſe at the Common Law, againſt one which makes a treſpaſſe upon his land, but he cannot ſue action at the Common Law for the land, nor remove that ſuit out of the Court of the Lord, 1 H. 5. fol. 11.
The Lord ſhall have the wood of the Copy-hold, and ſell it, unleſſe the Copy-holder have that by cuſtome, as in many Mannors he hath, 2 H. 4. fol. 13. and 43 Ed. 3. f. 32.
Tenant by Copy at will, which is called tenant of baſe tenure, if he be outed, ſhall not have a Right cloſe, but ſue by Bill in the Court of the Lord, and in times paſt a Copy-holder was called a tenant in villenage, or of baſe tenure. Fitzh. f. 12. B.
Tenant by Copy or by verge at will of baſe tenure, ſhall never have a (Monſtraverunt,) But the Copy-holder in ancient demeſne of freehold ſhall have it, Fitzh. 14. D.
If my copy-holder enfeoff one, I may enter for forfeiture, 11 H. 4. f. 81.
Tenant by copy cannot alien his land by a deed, for if he do, it is forfeit, Littleton f. 15.
If a man lets a Mannor for years, in which there are copy holders, and after a copy-holder dies, ſurrender and admittance by the Lord the termor in Court of that Mannour, is as well as if he had the fee ſimple, 4 Mar. tit. Copy, Br. 1.7.
Copy-holders ſhall not have falſe Iudgement, for then they ſhal be reſtored to the freehold, or ſhal not lofe the free-hold, but ought to ſue by Bill, that is to ſay, by Plaint in Court, 7 Ed. 4. f. 19. the ſame Littleton, f. 16. They ſhall not be impleaded by the Kings Writ, but by Plaint in the Lords Court in nature of what t… VVrit will, Nat. Brevium fol. 16.
Coppy-holders have an Eſtate of Inheritance according to the cuſtome of the Mannors, yet they have no Free-hold by the courſe of the Common Law, Littleton fol. 16.
Tenant by Copy ſhall make ſcalty to his Lord and Tenant at will by the Common Law, Lit. fol. 17.
It is ſaid, though Coppy-holders have Inheritance according to the cuſtome, yet they have but an Eſtate at the will of the Lord, according to the courſe of the Common Law, and cannot have Freſpaſſe againſt their Lord; yet they may bar their Lord in treſpaſs brought by the Lord againſt his Coppy-holder, as it appears, lit. f. 15. and 16.