Heydon's case in a information upon a intrusion in the exchequer against  Heydon for intrude into certain land c in the county of Devon upon the general  issue the juror give a special verdict to this effect first they find that  parcel of the land in the information be ancient copyhold of the manor of  Otlery whereof the warden and canon regular of the late college of Otlery be  seize in the right of the say college and that the warden and canon of the say  college Henry at a court of the say manor grant the same parcel by copy to  ware the father and ware the son for their life at the will of the lord accord  to the custom of the say manor and that the rest of the land in the  information be occupy by S and g at the will of the warden and canon of the  say college for the time be in the time of Henry the eight and further that  the say S and g so possess and the say ware and ware so seize as aforesaid the  say warden and canon by their deed indent date January year  Henry do lease  the same to Heydon the defendant for eighty year render certain rend several  for several parcel and find that the say several rend in Heydon's lease  reserve be the ancient and accustom rend of the several parcel of the land and  find that after the say lease they do surrender their college and all the  possession thereof to king Henry the eight and further find the statute of  Henry and the branch of it sure by which it be enact that if any abbot c or  other religious and ecclesiastical house or place within one year next before  the first day of this present parliament have make or hereafter shall make any  lease or grant for life or for term of year of any manor message land c and in  the which any estate or interest for life year or year at the time of the make  of such grant or lease then have his be or continuance or hereafter shall have  his be or continuance and not determine at the make of such lease c or if the  usual and old rend and farm accustom to be yield and reserve by the space of  twenty year next before the first day of this present parliament be not or be  not or hereafter shall not be thereupon reserve or yield c that all and every  such lease c shall be utter void and further find that the particular estate  aforesaid be determine and before the intrusion Heydon's lease begin and that  Heydon enter c and the great doubt which be often debate at the bar and bench  on this verdict be if copyhold estate of ware and ware for their life at the  will of the lord accord to the custom of the say manor shall in judgement of  law be call a estate and interest for life within the say general word and  meaning of the say Act and after all the baron open argue in court in the same  term sure pasch Elizabeth and it be unanimous resolve by sir Roger manwood  chief baron and the other baron of the exchequer that the say lease make to  Heydon of the say parcel whereof ware and ware be seize for life by copy of  court roll be void for it be agree by they that the say copyhold estate be a  estate for life within the word and meaning of the say Act and it be resolve  by they that for the sure and true interpretation of all statute in general be  they penal or beneficial restrictive or enlarge of the commonlaw four thing be  to be discern and consider what be the commonlaw before the the Act what be  the mischief and defect for which the commonlaw do not provide what remedy the  parliament have resolve and appoint to cure the disease of the commonwealth  and the true reason and remedy and then the office of all the judge be always  to make such construction as shall suppress the mischief and advance the  remedy and to suppress subtle invention and evasion for continuance of the  mischief and pro private citizen suitably and to add force and life to the  cure and remedy accord to the true intent of the maker of the Act pro good  public and it be say that in this case the commonlaw be that religious and  ecclesiastical person may have make lease for as many year as they please the  mischief be that when they perceive their house will be dissolve they make  long and unreasonable lease now the stat of Henry do provide the remedy and  principal for such religious and ecclesiastical house which shall be dissolve  after the Act as the say college in our case be that all lease of any land  whereof any estate or interest for life or year be then in be shall be void  and their reason be that it be not necessary for they to make a new lease so  long as a former have continuance and therefore the intent of the Act be to  avoid double of estate and to have but one single estate in be at a time for  double of estate imply in itself deceit and private respect to prevent the  intention of the parliament and if the copyhold estate for two life and the  lease for eighty year shall stand together here will be double of estate simul  semel which will be against the true meaning of parliament and in this case it  be debate at large in what case the general word of act of parliament shall  extend to copyhold or customary estate and in what not and therefore this rule  be take and agree by the whole court that when a Act of parliament do alter  the service tenure interest of the land or other thing in prejudice of the  lord or of the custom of the manor or in prejudice of the tenant there the  general word of such Act of parliament shall not extend to copyhold but when a  Act of parliament be general make for the good of the weal public and no  prejudice can accrue by reason of alteration of any interest service tenure or  custom of the manor there many time copyhold and customary estate be within  the general purview of such act and upon these ground the chief baron put many  case where he hold that the statute of west de gift conditional do not extend  to copyhold for if the statute alter the estate of the land it will be also a  alteration of the tenure which will be prejudicial to the lord for of  necessity the donee in tail of land ought to hold of his donor and do he such  service without special reservation as his donor do to his lord Littleton say  lib cap that although some tenant by copy of court roll have a estate of  inheritance yet they have it but at the will of the lord accord to the course  of the commonlaw for it be say that if the lord put they out they have no  other remedy but to sue to their lord by petition and so the intent of the  statute de gift conditional be not to extend in prejudice of lord to such base  estate which as the law be then take be but at the will of the lord and the  statute say quoth will a giver in papyrus  gift Himself manifest express de  the other to watch so that which shall be entail ought to be such a  hereditament which be give or at least may be give by deed or charter in tail  for as much as great part of the land within the realm be in grant by copy it  will be a thing inconvenient and occasion great suit and contention that  copyhold shall be entail and yet neither fine nor common recovery bar they so  as he who have such estate can without the assent of the lord by commit a  forfeiture and take a new estate of himself dispose of it either for payment  of his debt or advancement of his wife or his young child wherefore he  conceive that the statute de gift conditional do not extend to copyhold quoth  to be concession per all senate but it be say that the statute without special  custom do not extend to copyhold but if the custom of the manor do warrant  such estate and a remainder have be limit over and enjoy or plaint in the  nature of a formedon in the descender bring in the court of the manor and land  so entail by copy recover thereby then the custom cooperate with the statute  make it a estate tail so that neither the statute without the custom nor the  custom without the statute can create a estate tail and to this purpose be  Littleton lib c for he say that if a man seize of a manor within which manor  there have be a custom which have be use time out of memory that certain  tenant within the same manor have use to have land and tenement to hold to  they and their heir in feesimple or fee-tail or for term of life c at the will  of the lord accord to the custom of the same manor and a little after that  formedon indescender lie of such tenement which writ as it be say be not at  the commonlaw to which it be answer by the chief baron that if the statute  without custom shall not extend to copyhold without question the custom of the  manor can make it extend to they for before the statute all estate of  inheritance as Littleton say lib I cap be feesimple and after the statute no  custom can begin because the statute be make in Edward be make within time of  memory ergo the estate tail can be create by custom and therefore Littleton be  to be intend inasmuch as he ground his opinion upon the custom that copyhold  may be grant in feesimple or fee-tail of a feesimple conditional at the  commonlaw for Littleton well know that no custom can commence after the  statute of west as appear in his own book lib c and h and where he say that  formedon in descender lie he also say that it lie at the commonlaw and it  appear in our book that in special case a formedon in the descender lie at the  commonlaw before the statute of Westminster which see Edward formedon Edward  formedon Edward Plowd come b c and where it be further object that the statute  of west can without custom make a estate tail of copyhold because without  custom such estate can be grant by copy for it be say that estate have be  always grant to one and his heir by copy that a grant to one and the heir of  his body be another estate not warrant by the custom so that in such manor  where such estate of inheritance have be allow by custom the statute do extend  to they and make they which before be fee conditional now by the statute  estate in tail and that the statute can as have be agree before alter the  custom or create a new estate not warrant by the custom to that it be answer  by the chief baron that where the custom of the manor be to grant land by copy  in fee simple as the usual plead be without question by the same custom land  may be grant to one and the heir of his body or upon any other limitation or  condition for these be estate in feesimple et eastern rather that they be not  so large and ample as the general and absolute feesimple be and therefore the  generality of the custom do include they but not e turning and quoth non to be  responsum but it be agree by the whole court that another Act make atthe  sameParliament cap which give the elegit do not extend to copyhold for that  will be prejudicial to the lord and against the custom of the manor that a  stranger shall have interest in the land hold of he by copy where by the  custom it can be transfer to any without a surrender make to he and by the  lord allow and admit but it be agree by they that other statute make at the  same parliament which be beneficial for the copyholder and not prejudicial to  the lord may be by a favourable interpretation extend to copyhold as cap which  give the wife a who in vita and receipt and cap which give the particular  tenant a quoth ei deforceat and therewith agree Edward b and in this case it  be also resolve that although it be not find that the say rend be the usual  rend accustom to be reserve within year before the parliament yet inasmuch as  they have find that the accustomable rend be reserve and a custom go at all  time before for this cause it shall be intend that it be the accustomable rend  within the year and so it shall be intend if the contrary benot show of the  otherside Andjudgment be enter for the queen