coke Report26a MELWICH v luter Hilary Elizabeth in the king bench SC cro  Elizabeth SC cite send for supply   Cop S ld raym ld raym salk Inst a I g  three l pale yellow ten Watk Copy two Cru dig bull n p a Selw n p that edit  toll exec vin Abr copyhold h pl l pl n b pl f d pl king d pl z d pl court h pl  manor g pl estate S a pl Com dig copyhold b g king Bac Abr copyhold d court  baron extinguishment b king the lessee of a copyholder for one year may  maintain ejectment such term be warrant by the general custom of the realm the  severance of the inheritance of all land hold by copy of a manor do not  destroy the copyhold and the grantee of the inheritance may hold customary  court take surrender and make grant by copy though he can hold a court baron a  lord may make admittances or grant at any place out of the manor but the  steward can do so at any court hold off the manor f William a Melwich bring a  eject strong against John Luter and mary his wife on a demise make by John  Melwich of land in Eastworth in the county of Salop for one year c the  defendant plead not guilty and the jury give a special verdict to this effect  the abbot of Tewksbury be seize of the manor of Boveridge whereof the say  tenement in which c be parcel and copyhold land of the same manor and that  there be many other ancient copyhold of the same manor in Eastworth aforesaid  which manor come to the king by dissolution and the king year h grant the  inheritance of all the copyhold in Eastworth to John Ogden and his heir who  call it his manor of Eastworth and afterward a copyholder of the tenement  aforesaid in which c surrender they to the say John Ogden who also be seize of  the manor of Harbridge within the same county at Harbridge grant the tenement  in which to John Melwich the lessor of the plaintiff by copy accord to the  custom of the manor of Eastworth for term of his life and that the plaintiff  be possess until he be eject by the defendant claim it under the title of John  Ogden pretend that the say grant by copy do not bind he and afterward upon  good advice judgement be give for the plaintiff and in this case four point be  resolve that lessee of a copyhold b for one year shall maintain c eject firm a  for contra as to this point cro Elizabeth n Inst I f pale yellow ten Watk Cop  Cru dig vin Abr copyhold h pl dub as to this point pale yellow ten Watk Cop  see the note and reference infra a see the reference above b roll hut see n a  infra c Cr Elizabeth cro James Leon Poph Owen light Rep hetl   b infra n a a  if a copyholder without licence make a lease for one year or with licence make  a lease for many year and the lessee be eject he shall not sue in the lord  court by plaint but shall have a banishment strong at the commonlaw because he  have not a customary estate by copy but a warrantable estate by the rule of  the commonlaw   Cop Supp   Cop S and see send for Goodwin v Longhurst cro  Elizabeth Inst three l pale yellow ten Cru dig vin Abr copyhold king d pl Com  dig copyhold p Bac Abr copyhold d so a ejectment may be maintain by a  copyholder more Leon cro Elizabeth cro coke report b er p inasmuch as his term  be warrant by the law by the general custom of the realm b it be reasonable  that if he be eject coke Report26b that he shall have ejection strong and it  be a speedy course for a copyholder to have the possession of the land against  a stranger that by the a severance of the inheritance of copyhold from the  manor the copyhold be not destroy but remain of force and effect c which agree  with the say judgement in Murrels case d when the lord of a manor have many  ancient copyhold in one town grant the inheritance of all the copyhold to  another the b grantee may hold court for the copyhold tenement and take  surrender to the use of other and make admittances and grant e for although it  be not a manor in law because it want free James Yelv t r bull n p a n Selw n  p or by a heir before admittance roe d Jeffereys v Hicks will roe d Tarrant v  hellier t r so if the lord make a grant in reversion his grantee have a good  and perfect title without admittance and may take possession on the death of  the tenant for life or maintain ejectment for a admittance be only necessary  to perfect the legal title where of surrender of the previous estate be  necessary but not where the estate be already in the lord and he make a  original grant in the first instance except indeed in case analogous to those  where livery of seize take place roe v loveless barn and a and see cro car I  Watk Cop Com dig copyhold g a ejectment may also be bring by a widow for her  free bench jordan v stone hut Howard v Bartlett hob but if the widow claim be  in the nature of dower a ejectment will not lie before assignment but she must  levy a plaint in the nature of a writ of dower in the lord S court chapman v  savage show so the lord may maintain this action against his tenant for a  forfeiture Peter d Episc Winton v mill per Tracy Surre bull n p read v Allen  per comens Oxford circuit bull n p but a stranger to who a copyhold be  surrender have nothing before admittance because he be a purchaser and until  the admittance of the surrendee the copyhold remain in the surrender and if he  die his heir may bring ejectment Wilson v Weddell Yelv but after admittance  the surrendee may maintain ejectment against the surrender and lie his demise  on a day between the surrender and admittance and recover the mesne profit  from the time when the surrender be make holdfast d Woollaton v Clapham I t r  roe d Jeffereys v Hicks will and a admittance of the surrendee before trial  will maintain a ejectment bring by he before admittance upon a demise lie  before the time of surrender and admittance do d Bennington v hall east but  where the devisee of a copyhold estate which have be surrender to the use of  the will die before admittance it be hold that her devisee though afterward  admit can not recover in ejectment for the admittance of the second devisee  have no relation to the last legal surrender and the legal title remain in the  heir of the surrender do d Vernon v Vernon east since the practice of bring  ejectment for copyhold have prevail the jurisdiction of lord of manor have  fall into disuse Cru dig ED b SC S p cite send for Inst a I Watk Cop Cru dig  toll exec and see ace post   b W Jon light Rep and more vin Abr copyhold S a  pl Com dig copyhold king Bac Abr copyhold d it appear to have be once doubt  whether a particular custom be not necessary to warrant a lease for one year  without the lord licence see and more as to lease contrary to the custom Cru  dig ante p b n f and the case there cite ED a Cr Elizabeth Cr James ante b   a    a hob infra n c c Acc supply   Cop S Watk Cop vin Abr copyhold f d pl Com  dig copyhold b Bac Abr copyhold king and see ante p a n b ED d ante p b and  the case cite in n b ib ED b Cr Elizabeth see n e infra e Acc vin Abr copyhold  h pl z d pl manor g pl Com dig coke report b er p tenant yet as to the  copyhold tenant the feoff or grantee have such a manor that he may hold a  court to make admittances and grant f of the copyhold tenement for every manor  which consist of freehold and copyhold tenement comprehend in itself in effect  two c several court g one which be common call the court baron S the court of  freeholder and in this court the d suitor S the free tenant be judge h and  therewith agree h h e h another court be for the copyholder and as to that the  lord or the e steward of the manor be judge and as the other be call the  freeholder court so this may be call and therefore when the lord grant over  the inheritance of er the grantee may hold such court for the copyhold  tenement right and as to this court it need not have any free tenant so if the  freehold escheat or if the lord release the tenure and service of all his free  tenant yet the lord may hold a customary court for his copyhold tenement and  make admittances and grant of they f blessed one be exhibition when res  encircle with a garland a destruction notam reader although the lord by his  own act can g make of one and the same manor at the commonlaw sundry manor  consist upon demesne and freeholder I yet he may by his own act as by the  judgement appear copyhold b Bac Abr copyhold king and this doctrine be confirm  by the case of neal v Jackson infra cro Elizabeth in which it be hold that  where the lord of a manor demise all his land which be grant by copy for two  thousand year the lessee may hold a court for the copyholder notwithstanding  these authority Lord chief baron Gilbert say there be precedent that such  grantee of the inheritance of copyhold land can not keep a court no more than  the grantee of the inheritance of one copyhold that as to the case of Melwich  v Luter it be say a writ of error be bring and the justice and baron hold the  judgement erroneous ten and see cro Elizabeth Inst I f Watk Cop Cru dig in  which the above doctrine be also question ED f as a manor consist of demesne  and service whenever the demesne be sever from the manor or the service become  extinct one of which be suit of court the manor itself be destroy and this be  the reason why it be say that a court baron be essential to a manor and that  therefore unless there remain two free tenant subject to escheat the court  baron cease for want of suitor and the manor be thereby lose bro court baron  pl compromise pl Kitch a Perk S   Cop S Bl Com Inst g I Watk Cop ld raym t r t  r if there be but one free tenant yet the seignory as to he remain with  respect to his service c though there can be no court hold and ld raym and if  all the tenancies escheat yet it shall so far continue a manor in  contemplation of law as to preserve the right of leet wreck c Calth Soane v  Ireland east though strict speak it be no more than a repute manor Watk pale  yellow ten ED c   light a infra n g g see pale yellow ten Watk Cop Cru dig vin  Abr copyhold z d pl Bac Abr court baron ED d   light a   b   b     b   b a  godb roll Cr Elizabeth Cr James Inst e a e b Mod Rep h Br judge Br court baron  b n c infra n h h Acc   Cop post   b a Inst ld raym Gill ten Watk Cop Bac Abr  court baron and see the case cite in d sup ED e   light a Watk Cop f palm Poph  l salk Cru dig g Cr Elizabeth Watk Cop vin ab copyhold h pl n b pl infra n I j  I see post   a and the note there leman v Blackwell skin vin Abr copyhold h pl  pale yellow ten Watk Cop but by act of law a manor may be subdivide and the  subdivision may separate retain manorial right thus if a partition be make of  a manor between two coparceners and each have parcel coke report b er p make a  customary manor consist upon copyholder only as to the purpose aforesaid king  it be resolve that the lord h himself may make a grant or admittance of a  copyhold out of the manor at what place he please but the I steward of the  court of a manor l can at any court hold out of the manor make grant or  admittances