coke Report23b clarke v PENNIFATHER Trinity Elizabeth in the king bench SC  cite send for   Cop S Bulst Cowp Inst I n sheep touch n Edward Ather Watk Cop  wood Conv pale yellow ten Sugd pale yellow Us n burn ecclesiastical l Bl Com  Bl Com wood two Cru dig three v Fonbl Tr Eq n two mad Ch and edit vin Abr  copyhold g pl b b pl d b pl l I b pl descent king pl prerogative b e pl Com  dig copyhold a c d roy f I Bac Abr copyhold f g grant a infancy f lease e f IV  and see the book cite in n a infra king post a godb   light b Cr Elizabeth  roll Rep roll Leon see n a   a Cawdrys case   b rot l Cr Elizabeth see n b  infra a S p pale yellow ten Watk open Watk Desc vin Abr copyhold p b pl W b pl  Com dig copyhold g see ante p b d d ED m Cr Elizabeth m Cr Elizabeth cro James  Noy more Mod Rep Brownl roll vent kelw will see n a infra b S p pale yellow  ten pale yellow Us rd edit Watk Cop vin Abr copyhold you pl n a pl p a pl Com  dig copyhold f Bac Abr copyhold g use b and therefore he may surrender it  again to a stranger without a formal revocation of the surrender to his will  SC cro Elizabeth the necessity of a surrender to the use of a will be now  supersede by stat Geo c ED coke report b er p the heir of a copyholder may  enter and maintain trespass before admittance and so may his heir if he die  before admittance the queen consort be a sole person exempt by the commonlaw  and may make lease and grant and sue and be sue without a king where the queen  be tenant for life of a manor she may make voluntary grant of copyhold escheat  which shall bind the king by the custom of the manor so every person have a  lawful interest in a manor whether in fee in tail dower courtesy for life year  as guardian or at will c may make voluntary grant of copyhold escheat or come  to their hand render the ancient rend and service though under personal  disability but lord by defeasible title as disseizees c can make voluntary  grant to bind the rightful owner though it be otherwise as to admittances  three point be adjudge that the heir of a copyholder may enter and have a  action of trespass a before admission a and so if such heir die before  admission as the principal case be his heir may enter and take the profit and  have a action of trespass which agree with the judgement in the principal  point in brown case and in this case Wray chief justice say that it be now  late adjudge that there shall be b poss brother on a descent of copyhold  before admittance n it be adjudge that where king h grant a manor to the queen  his wife for life that there the c queen be a sole person exempt by the  commonlaw and may make a lease or grant without the king and so may plead and  be implead alone c vide e pound e pound e nonability e brief thou h h aid deal  roy h h and that the statute of h be but a declaration of the commonlaw it be  adjudge that where the queen be tenant for life and a copyhold of inheritance  escheat to her there the queen may grant it to who she please and it shall  bind the king his heir and successor for ever for she be owner pro tempt and  the custom of the manor shall bind the king and it be resolve that every one  who have a d lawful estate or interest in a manor be it fee in a roll die pl  lane Cr Elizabeth Cr James Plowd Yelv Brownl Poph ante b see the book cite in  n a infra a S p   Cop S Inst I n sheep touch n Edward Ather Bulst Simpson v  Gillion Noy do d tofield v tofield east pale yellow ten Bl Com wood Cru dig  vin Abr copyhold g pl b b pl d b pl Com dig copyhold d so the heir may support  ejectment Ramsey v eve Leon roe d Jeffreys v Hicks will roe d Tagrant v  hellier t r do d tofield v tofield sup be may surrender or forfeit ibidem and  be liable to all duty and entitle to all advantage as well before as after  admittance which be only a matter between he and the lord to entitle the lord  to his fine but as to all other person it be indifferent Cowp   copyh S east  ante p b n that and therefore the court of king bench will not grant a  mandamus to the lord to admit such party by in the case of other copyholder  king v Bennett t r so title to a copyhold may be make through the heir though  be never be admit do d milner v Brightwen east ED b more Bulstr Poph see n b  infra b Acc Inst b if dyer p finch vo p jenk cent pl godb bro dissent pl vin  Abr descent king pl ante p a n a ED c say beforehand advance Rep p   light a a  Plowd a Seld title of honour   a Fitzherbert nonabil seldom Epinomis see n c  infra c see send for Inst a I and n I ib roll Abr Bl Com wood Sugd pale yellow  Us n I mad Ch and edit vin Abr copyhold g pl prerogative b e pl Com dig roy f  copyhold f ED d   light b a Cr James roll roll win Abr copyhold g pl Com dig  copyhold e Bac Abr copyhold f and see the book cite in n f infra coke report b  er p tail in dower or tenant by the courtesy or for life or year or as  guardian d or tenant by statute or elegit or at will e if a copyhold escheat  or come to their hand during their time every one of they at their will may  regrant it reddendo the ancient rend custom and service f and it shall bind  the lord who have the inheritance or freehold of the manor for every one of  they be dominus pro tempore and within the custom g as in h b the chief  justice e of the common plea who have his office but at will may by custom  grant office for life and it be to be observe that a copyholder do not derive  his estate out of the estate or interest of the lord only for then the  copyhold estate will cease when the estate of the lord determine but as it be  say in brown case the soul and life of a copyhold be the custom of the manor  and when the grant be make by any who have a lawful estate or interest the  copyholder be in by the custom without any regard to the estate or person of  the grantor and therefore such grant make by husband and wife shall bind the  wife notwithstanding the coverture u so of a grant make by non compos chin I  or a infant king or by a bishop prebendary parson c l it shall bind for ever m  for d a guardian in socage may grant by copy in his own name nor can the heir  hold court during the interest of the guardian Inst b I Shapland and ridler  cro James roll Abr pl wen godb Leon clarke case Noy p wms ED e Acc post   b I  Watk Cop and see the book cite in n g infra ED f that in make voluntary grant  of copyhold the custom must be strict observe both with respect to the estate  of the tenant and the reservation of the ancient service c   Cop S pale yellow  ten Bl Com Watk Cop Cru dig g S p   Cop Inst b I and n ib post   a wood Conv  pale yellow ten Bl Com Watk Cop Cru dig vin Abr copyhold g pl Com dig copyhold  e Bac Abr copyhold f the principle upon which the doctrine be find say Gilbert  be that copyholder be original mere tenant at will and so though the lord pro  tem poor have only a particular estate yet he may grant copyhold as it will be  no prejudice but rather a advantage to the succeed lord in respect to the rend  and service reserve in such grant beside the succeed lord may turn out the  copyholder and when the law be so alter that the copyholder acquire a  permanent interest in his estate it be still hold that a lord pro tempore may  grant copyhold in fee though he have but a particular estate ten in the case  of admittances upon surrender this doctrine be carry still further because the  lord be only deem a instrument to admit the beneficiary and use and no more  passes to the lord than be necessary to serve the limitation of a use so that  no respect be bad to the quantity or quality of his estate in the manor for  whether it be by right or by wrong admittances make by he can never be set  aside for any defect in his title because they be judicial act which every  lord be bind to do pale yellow ten Watk Cop infra a Inst b   Cop S Cru dig ED  e   b a die pl h S p post   pale yellow ten wood Conv Fonbl Tr Eq n vin Abr  copyhold g pl Bac Abr copyhold f but the grant must be make in the name of  both cro James ED I S p   Cop S Watk Cop Cru dig Bac Abr idiot d and see ace  the book cite in n g sup ED king S p   Cop S Cru dig post   Noy vin Abr  copyhold g I b Bac Abr copyhold f grant a infancy f Com dig copyhold c and see  n g sup ED l Acc   Cop S Inst b I pale yellow ten wats Inc burn ecclesiastical  l Watk Cop Bac Abr lease f ED m Lord of a manor devise by will that his  executor shall make voluntary grant of copyhold estate to pay debt they have  no interest nor be they domini pro tempore yet the grant be good Inst b I dyer  a Owen pale yellow ten Bac Abr copyhold f ED coke report a er p the custom be  that the tenement be parcel of the manor et dismiss et dimissib per dom man c  pro tempt to go out seu per law senesch c and so a feme covert one non compos  chin coke Report24a a infant the successor of bishop prebendary parson c be  bind by the say custom but by force of these word in the say custom per dom  manner c pro tempt exist in some case the lord ought to have a lawful estate  and in some case not and therefore this difference be unanimous agree if a  seize or feoff of a seize or any other who have a tortuous or defeasible  estate or interest subject to the action or entry of another hold court and  make any voluntary a grant upon escheat or forfeiture of a copyhold such  voluntary grant shall not bind he who have right when he have recontinued the  manor by action or entry for to this intent the say custom shall be intend of  a lord who have a lawful estate or interest n but if such lord who have a  wrongful or defeasible estate b admit any upon surrender make to the use of  another or admit the heir upon a descent such admittances be good and within  the say custom oh for such act be lawful p and in modus judicial to do which  he may be compel and enforce in a court of equity and therefore such  admittances shall bind he who have right