ccxxxvi the guardian OF the monastery OF OTLERIES case in the exchequer it be  find by special verdict that the guardian and canon regular of Otlery be seize  of the manor of oh c and that h at a court hold grant the land in question to  W and W his son for their life by copy accord to the custom of the say manor  and afterward h they lease the same land by indenture to h render the ancient  and accustom rend and afterward surrender their college c and afterward W and  W die and if the say lease so make during the estate customary notwithstanding  t statute of h be good or not that be the question be within a year before the  surrender c and it be argue by Egerton solicitor that the say lease be void by  the statute the word of which be whereof or in the which any estate or  interest for term of life year or year at the time of the make of any such  lease have his be or continuance and be not then determine finish or expire  and therefore we be to see if this right or possession which W and W have at  the time of the make of the say lease be a interest or estate for life and as  to the word estate be nothing Leonard er p other than measure of time for a  estate of feesimple be as much as to say a interest in the land for ever and  so of the rest and therefore W and W have at the time of the make of the lease  a estate for the thing demise and although such customary tenant be term in  law tenant at will yet they be not simple so nor mere tenant at will but  tenant at will secundum experience manor which Leonard custom warrant his  possession here for life and therefore it be a more certain estate than a  estate at will for the copyholder may justify against his lord and so can a  tenant at will who estate be determinable at the will and pleasure of his  lessor and although this estate be but by custom and by no conveyance yet it  be such a estate which the say statute intend non refert by what conveyance  the estate be raise so it be a estate and this estate be support by custom be  acknowledge in law to be a estate and so account in our law and the law have  notable distinguish copyhold tenancies by the custom and tenancies at will at  the commonlaw for a copyholder shall do fealty and have aid of his lord in a  action of trespass be shall have and maintain a action of trespass against his  lord his wife shall be endow the husband shall be tenant by the courtesy  without a new admittance so customary tenancies be within the rule and maxim  of our law as in the case of Horewood there shall be a possessto brother of it  without admittance and it be adjudge Elizabeth n the king bench that if a  copyholder surrender to the use of another for year and the lessee die his  executor shall have the residue of the term without any admittance m Elizabeth  a copyholder make a lease for year by indenture warrant by the custom the  lessee bring ejection of Firmum it be adjudge maintainable in the common plea  although it be object that if it be so then if the plaintiff recover he shall  have a to have facias possession and there copyhold shall be order by the  commonlaws of the land Elizabeth Lord and copyholder for life the lord grant a  rentcharge out of the manor whereof the copyhold be parcel the copyholder  surrender to the use of a who be admit he shall not hold the land charge and  so it be adjudge in the court of common plea Leon