Swayne's Case
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1616 |
| Date | 01 January 1616 |
| Court | Court of Common Pleas |
English Reports Citation: 77 E.R. 568
IN THE COMMON PLEAS.
[63 a] swayne's case. Mich. 6 Jac. 1. In the Common Pleas. A lease of a manor in which there was a custom, that every copyhold tenant for life had used to take all trees growing upon his copyhold lands, to be employed for fuel (/)) F. N. B. 21 k. (c) Antea 59 a. (d) Co. Lit. 138, 139. (e) Antea 58 b. Koll. 584. Co. Lit. 139 a. Cro. Jac. 211. March 95. Br. Departure in Despight, &c. 13. 21 E. 4. 39 a. (/) Co. Lit. 29. a. ( /) Antea 58. a. Co. Lit. 139. a. (h) Co. Lit. 139. a. (i) Co. Lit. 139 a. 8 E. 3. 13 b. (a) Postea 69 a. Lit. sect. 201. Co. Lit. 134 b. 8 co. bbp. 63b. swayne's case 569 in his copyhold house, and for bounds and fences, &c. upon the customary lands and tenements, was made for twenty-one years, with an exception of the trees, woods, underwoods, &c. At a court held by the lessees, a house with certain land, upon which certain oak and ash trees were growing, was granted by the steward, by copy of court roll, to one A. for life; according to the custom of the manor. A. lopped the said trees upon his copyhold, and employed them for bounds and fences in and upon his copyhold lands, &c. Held that he might lawfully do so. Grants by copy shall not be avoided for infancy, coverture, nor in respect of the exility, baseness, or uncertainty of the interests or estates of the lords. If the lord takes a wife, and grants the land by copy, and dies, his wife being endowed of the said land, shall not avoid the grant. The copyholder, who comes in by voluntary grant, shall not be subject to the charges, &c. of the lord before the grant. If there be a grant of a rent out of land upon condition, a subsequent feoffment of the same land does not destroy the condition. *Note the difference between prescription and custom.* S. C. [Moore 811. 1 Brownl. 231.] [2 Brownl. 208. 1 Roll. Rep. 96. 2 Roll. Rep. 179. 11 Co. 50 b. Watk. Copy. 45. 283. 331. Scriv. Copy. 480. 13 Rep. 68.] Richard Swayue, Esq. brought an action of trespass against Walter Becket, quare clauswm fregit, at Hannington in the county of Wilts, and lopped, &c. ten oaks and fifteen ashes, &c. And upon not guilty, the case, as it was specially found, was such : Queen Elizabeth was seised of the manor of Hanningtou in the county of Wilts, in foe, in the right of her Duchy of Lancaster; and that the said oaks and ashes so lopped were growing upon a yard and half of land, parcel of the same manor and copyhold land, &c. and...
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Corpus Christi College, Oxford (President and Scholars) v Gloucestershire County Council
...the manor" or otherwise. No Lord of the Manor could, by alienation, deprive those entitled to their rights over it or in respect of it, see Swayne's case 8 Coke's Reports 63 and The Queen v. Duchess of Buccleugh (1704) 1 Salkeld 358. 21 Nowadays there are few, if any, manors left intact. Th......