Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	henry_n	john_n	richard_n	3,685	5	8.3395	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A33673	A supplement by way of additions to and amplifications of the foregoing treatise, concerning copy-hold and customary estates wherein the grounds laid down in the said treatise are made good and confirmed by several resolutions and judgements given in the courts of common laws of England in divers cases.	Coke, Edward, Sir, 1552-1634.	1668 (1668)	Wing C4957; ESTC R31649	50,966	126

A Supplement By way of ADDITIONS to and AMPLIFICATIONS of the foregoing TREATISE CONCERNING COPY-HOLD and CUSTOMARY ESTATES Wherein the Grounds laid down in the said Treatise are made good and confirmed by several Resolutions and Judgements given in the Courts of the Common Laws of England in divers Cases LONDON Printed by John Streater James Fles●er and Henry Twyford Assignes of Richard Atkyes and Edward Atkyns Esquires 1668. Cum Gratia Privilegio Regiae Majestatis THE INTRODUCTION THE Learned Authour of the before-going Book intituled The Compleat Copy-holder having in a very compendious manner treated of the Original of Manors and how constituted and of their Demesn Lands as also of the several Tenancies thereof and of the nature of the Services Qualities and Courts incident and belonging thereunto and amongst the rest of Copy-holders Copy-holds and Customary Estates and their Tenures Services and Customes distinguishing them from the other Tenures and Services setting forth therein likewise the Antiquity and Original of Copy-holds the Services Duties and other things incident to such Tenure with divers Customes Prescriptions and Vsages claimed by such Copy-hold-Tenants together with the manner of Grants and Estates thereof and how and in what manner they are either to be granted or accepted of Now because the drift of the Authour of the said Book was as I conceive to speak more particularly of Copy-hold and Customary Estates then of the other Tenures and therefore the Authour of the said Book hath therein laid down some general Grounds concerning the same but hath not confirmed them either by Judgments or Precedents of the Common Law which would have more illustrated the same and some things likewise concerning Copy-holds and Customary Lands and Estates have been omitted by the said Authour worthy to be known by all Students and others whom the same may concern therefore at the request of divers persons by way of Amplification of what hath therein been formerly treated of by the said Authour and by way of Addition of what therein hath been omitted I have added what hereafter followeth by way of a Supplement to the former Book wherein I shall endeavour to contribute somewhat de novo and to make good the former Grounds laid down in the said Book and what shall be added thereunto by several Resolutions and Judgments given in the Courts of the Common Laws of England in several Cases concerning the same And therefore Surrenders after a Grant thereof made being one of the principal matters which do concern Copy-holders and their Estates I shall first begin with them and then proceed to other matters concerning Copy-holders and their Customary Estates SECTION I. What a Surrender of Copy-hold or Customary Estate is to whom and in what manner and place it is to be done and who shall be said such a Tenant of a Copy-hold as may make such a Surrender SUrrenders of Copy-hold-lands and Copy-holders are of two sorts viz. Surrenders Actual and Surrenders in Law An Actual Surrender according to the Definition of Mr. Littleton and the best Description of it is a Copy-holder's yielding up of his Copy-hold-lands or Customary Estate into the hands of the Lord of the Manor in the Court of the Manor or unto his Bailiff Reeve or Steward to such Uses and for such Estates as are particularly mentioned in the Surrender it self made by a Deed or Writing or if it be by Word in the presence of the Lord and Tenants in the Court of the Manor And yet it hath been a great doubt and Question whether of Copy-holds or Customary Estates any words used to the Lord himself shall amount to make it a good Surrender Proofs Vide Mr. Littleton in his Chapter of Litt. 15. b. Book of Entries 131. acc Tenant by Copy c. fol. 15. Ad hanc Curiam venit A B sursumreddidit in eadem Curia in manus Domini c. unum Messuagium c. ad usum C D. haeredum suorum c. But if the Surrender be made in Court into the hands of the Lord or his Steward it must be to such a person or his Use who is in esse and capable of such a Surrender or that may take Presenty by force of the Surrender otherwise such Surrender though it be an Actual Surrender made in the Court of the Manor to the Lord or Steward himself is not good A Copy-holder in Fee surrendred his Copy-hold-lands into the hands of H. 7 Jac. B. R. Simpson and Sothern's Case H. 17 Jac. in B. R. Bambridge and Whitton's Case acc the Lord of the Manor Habendum after his decease to the Use of an Enfant in Ventre sa mier and if the said Enfant died within age then to the Use of J S and his Heirs In this Case these Points were Resolved 1. If a Copy-holder in Fee doth surrender his Copy-hold-lands into the hands of the Lord to the Use of himself and his Heirs That in that Case because the Limitation of the Use to him who had it before was void the Surrender thereof to the Lord himself was also void 2. That the Surrender made to the Enfant in Ventre sa mier was not good as an immediate Surrender and to take effect immediately as the intention of the Surrenderer was it should because it was of a Free-hold which could not begin at a day to come But yet Quere If the Surrender be made into the hands of the Lord to the Use of the right Heirs of the Surrenderer Vid. P. 30 Eliz. Allen and Palmer's Case Leon. part 1. 101. if the Lands shall not continue in the hands of the Lord till the death of the Copy-holder who made the Surrender for the Court doubted of it Pasc 30 Eliz. in Allen and Palmer's Case A Surrender being then by the Copy-holder himself in the Court of the Manor to the Lord of his Copy-hold or Customary Lands if then upon the very Act done the Estate be in the Lord or in the Surrenderer or in whom it resteth remaineth a Doubt For Resolution thereof I humbly conceive the Law to be and so it hath been Resolved That notwithstanding such a Surrender made yet the Estate remaineth in the Copy-holder who surrendreth and is not in the Lord or in any other person whatsoever But in case where the Copy-holder doth surrender his Copy-hold in the Court of the Manor to the Use of the Lord himself which he may doe there by such a Surrender the Land is immediatly vested in the Lord without any other Act done or required because the Lord cannot take a Surrender as to make thereof an Admittance unto himself And to that purpose Vide Erish and Rive's Case where it was Resolved That Vid. Cro. part 1. in Erish and Rive's Case acc if a Surrender be made by a Copy-holder of his Copy-hold-lands into the hands of the Steward of the Manor to the Use of the Steward himself that Surrender is good without any farther Act