short time after notice given of their ancestor's decease.

And thus much of the grant itself: a word of the things granted.

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SECT. XLII.

HINGS that lie not in tenure are not grantable by copy; as rents, bailiwicks, ftewardships, common in grofs, advowfons in grofs, and fuch like; all which are incorporate hereditaments, and therefore no rent can iffue out of them, neither can they be held by any manner of service. But an advowfon appendant, a common appendant or a fair appendant may pafs by copy, by reafon of the principal thing to which they are appendant : and generally what things foever are parcel of the manor, and are of perpetuity, may be granted by copy, according to the cuftom; as underwoods growing upon the manor, being Co. 4. fol. 31, things of continuance, (for after they are cut they will grow again * ex ftipitibus) may well be granted by copy; and fo of herbage or any other profit of the manor. And fometimes of the grant of a copyhold things fhall pafs that are fevered from the manor; as if the lord of a manor grant his manor for years, except. bof cis et fubbofcis growing in certain copyhold ground, and the leffee by his fteward granteth a copyhold, within which manor there is a cuftom that every copyholder may take within his copyhold woods and underwoods growing upon the ground for his neceffary fuel; not

withstanding this exception in the lease of the manor, the copyholder may cut down woods or underwoods according to the custom, tho' by exception severed from the manor: for though the leffee of the manor, in refpect of the exception, could not meddle with the woods or underwoods, and fo it might seem prima facie very probable that the copyholder, coming in by the voluntary admittance of the leffee, should have no more authority nor intereft than the leffee himself had; yet because the copyholder was once in by custom, and fo his title being grounded upon custom is paramount the exception, therefore the exception in the lease of the manor, though preceding the grant of the copyhold, cannot any way touch or prejudice the copyholder. And fo, if there be a custom within a manor, that copyholders have used to have common in the waftes of the lord, and the lord granteth away his waftes, and after granteth a copyhold: the copyholder fhall have common: but in alledging the custom he shall not say, * Quòd infra maner. præd. talis habetur confuetudo, but that till fuch a time, viz. before the feverance, + talis babebatur, et toto tempore, &c. confuetudo, and then fhew the feverance. If there be an incertainty in the things granted, the grant is not therefore infufficient; for by the election of him that is the first agent it may be made certain.

As if I grant by copy twenty loads of hasel Co.4.fol.31.a. or twenty loads of maple, in the disjunctive,

That fuch a custom exifts within the aforefaid manor.
Such a custom did exift; and all the time &c.

to

to be cut down and taken by the grantee in my manor of Dale, there the grantee hath election to make choice of which he pleafèth, because he is to perform the first act of cutting down and taking them: but if I am to cut them down, and deliver them to the grantee, then have I the election. And obferve this diffe rence touching this point of election.

If a grant be made in the disjunctive of two annual things and things of continuance; if the election belong to the grantor, and he faileth at the day to make election, yet his election. is not determined, but continueth the fame after the day that it was before the day but otherwise it is where things are not annual, but are to be performed unicâ vice tantum.

:

Therefore if the lord of a manor granteth by copy twenty trees growing upon black acre or white acre, to be cut down yearly by himself, and to be delivered to the grantee at such a day; though the grantor fail at his day to make his election, yet his election is not gone, because the things granted are annual: but had thefe trees been to be delivered to the grantee once only, and not yearly, then by the failure of the grantor at the day the election is devolved to the grantee.

ND thus much of the thing granted A a word of the

Co.z.fol.37.4%

a word of the inftruments through whofe hands, as through conduit-pipes, the lands are gradatim conveyed to the purchaser. I will not speak of those men that are used as inftruments by fpecial cuftom to present in court

furrenders taken out of court: Thefe I have fufficiently spoken of already. I will here point only at those persons that, by the general custom of every manor, are employed as neceffary inftruments in cuftomary admittances, and will curforily examine the extents of their authorities, and the quality of their offices. The perfons I aim at are these;

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1. The Lord,

2. The Steward,

3. The Underfteward.

SECT. XLIV.

HE lord's authority confifteth chiefly in these things.

1. In punishing offences and mifdemeanors committed within his precincts; as not performance of cuftoms, breach of bylaws, not discharging of duties, and fuch like.

2. In deciding controverfies arifing about the title of copyhold land lying within his bounds and when he fitteth as judge in court to end debates of this nature, he is not tied to the ftrict form of the Common law, for he is a chancellor in his court, and may redress matters in confcience upon bill exhibited, where the Common law will afford no remedy in the fame kind; as to infift in one familiar example. If I furrender a copyhold to the ufe of a ftranger, upon confidence that, fuch debts being by me discharged, he fhall furrender back this copyhold; I upon difcharge of the debts demand a furrender, and he refufeth; at the Common law I were left remedilefs, this being a bare confidence, and no condition;

but

but upon bill exhibited in the lord's court I fhall be relieved, for the lord upon proof of the matter may seise the copyhold, and readmit me, according to the effect of the confidence.

3. In admitting copyhold. And.in this cu- Co. 4. fol. 27. ftomary power of admittance the lord doth somewhat outstrip the steward; for the lord may make either admittances upon voluntary grants, admittances upon furrenders, admittances upon descents, in any place where he pleaseth out of the manor, but fo cannot the fteward and in giving licence to copyholders to alien by deed; and in this point of licence the lord's authority doth exceed the steward's authority. For though fome are of opinion, that it is both ufual and warrantable for the fteward of a manor, in abfence of his lord, tɔ license a copyholder in full court to alien by deed for as many years as he fhall think good, because he is judge in the court, and befides the entry of it in the court-roll is in this manner, * Ad hanc curiam J. S. petit licentiam domini dimittendi, &c. cui dominus licentiam dat, &c. and therefore this licence being granted in the lord's name in full court, the lord fhall never enter for a forfeiture, but fhall ever be estopped to say the contrary, but that he did give licence yet (under reformation be it fpoken) I much mistrust the truth of this opinion; for this power of licensing copyholders to alien by deed is not cuftomary; for then it were as proper to the steward as to the lord, but it is a power of interest annexed to the perfon

7. S. at this court craves the lord's leve to demise, &c. to whom the lord gives leave, &c.