coke report a HEYDONS case pasch Elizabeth but the plea begin pasch Elizabeth  rot in the exchequer Cf Hawkins v Gathercole de g m g e r see r v a lt Easton  v Richmond highway board lr Q b r v Castro lr Q b river wear commissioner v  Adamson App Cas r v Holbrook Q b d Harding v preece Q b d Bradlaugh v clarke  App Cas in re Leavesley Ch Pelton brother v Harrison Q b Lord Henry Bruce v  marquis of ailesbury a c in re Mayfair property company Ch SC more   Ent nu  Leon Leon say SC cite ace post   a Inst m r Cowp will two t r east bro c c Bl  Com wood Watk pale yellow ten Fonbl Tr Eq n I Cru dig go press be and edit  press Conv Bart Prec n vin Abr copyhold a pl d pl estate r a pl formedon t pl  l statute e pl Com dig copyhold c n Bac Abr copyhold c I execution c two lease  c e go statute I way see the note and reference infra the statute h c avoid  case of land whereof any estate for life c be then in be make by religious  person within a year before a copyhold be grant by copy for life and then the  religious house make a lease of it to another for year hold that the lease be  void the copyhold estate be a estate for life within the statute copyhold be  not within the general word of a statute which alter the service tenure custom  or interest of the land to the prejudice of the lord or tenant but be include  within the general word of a statute where no prejudice thereby ensue to the  lord or tenant the statute de gift do not extend to copyhold unless there be a  special custom the statute W c which give the elegit do not extend to copyhold  but they be within the statute W c which give the wife a who in vita and  receipt and c give the particular tenant a quod ei deforceat where a person  have power to lease reserve the most accustomable rend for twenty year before  a verdict find a lease render the customary rend be sufficient in a  information upon a intrusion in the exchequer a 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 Ottery whereof the  warden and canon regular of the late college of Ottery be seize in the right  of the aid college and that the warden and canon of the say college h 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 h 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 h 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 a as to a information of intrusion see ante I p a a ED coke report b er p  in Heydons 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 and further find the  statute of b Henry and the branch of it sure by which it be enact that if any  abbot c or other religious and ecclesiastical house or coke Report7b 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 Heydons lease begin and that Heydon enter c and the great doubt  which be often debate at the bar and bench on this verdict be whether the  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 courtroll be void for it be  agree by they that the saidcopyhold 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 a interpretationof all statute in general be they penal b or  beneficial restrictive or enlarge of the commonlaw four thing be to be discern  and consider b saint what be the commonlaw before the make of the Act c and  what be the mischief and defect for which the commonlaw do not provide rd what  remedy the parliament have resolve and appoint to cure the disease of the  commonwealth and that the true reason of the remedy and then the office of all  the judge be always to make such d 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 b h c a more say   b cro car vin Abr  statute e pl Bac Abr statute I way b Penal statute be in general to be  construe strict and be not to be enlarge by parity of reason nor extend by  equitable construction but even in penal law the intention of the legislature  be the best method to construe the law the king v gage Mod and equity will aid  remedial law though penal not by make they more penal but so as to let they  have their course per wright Lord keeper attorney general v Sadell Prec Ch as  to the construe statute by equity in general see Inst b b I Plowd hat treat on  stat ash expose of stat by Eq vin Abr statute e Com dig parliament r Bac Abr  statute with respect to the different kind of statute see Inst b I and a n ib  bravo Bl Com ED b Poph c roll Rep d hard roll Rep cro car   light b   a   b  Siderf Bulst hob roll Rep cro argument will t r Bac Abr statute I way coke  report a er p this case the commonlaw be that religious and ecclesiastical  coke Report8a 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 h 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 a 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 b 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 c and upon these ground the chief baron put  many case where he hold that the statute of c 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 d hold of his donor and do he  such service without special reservation as his donor do to his lord d and  Littleton say lib cap that although some tenant by copy of courtroll have a  estate of inheritance yet they have it but at the e will of the lord   light a  h c Bulstr more Leon Com dig copyhold n vin Abr estate r a pl Bac Abr lease c  e go a cro car more godb Benl Bulst hard Cawly Cowp east bro c c Watk pale  yellow ten Com dig copyhold n Bac Abr copyhold b I b more cro car Benl roll  Rep Cowp bro c c Watk pale yellow ten c as to what statute extend to copyhold  see post p n p ED c see will will more say cro Elizabeth Leon Poph sand hard  roll light sect   a   light a b   a Bl Com wood press Conv Com dig copyhold c  n Bac Abr copyhold c d Cr car   light a a d before the statute because buyer  the earth if tenant in feesimple make a feoff in fee without any reservation  of service the feoff hold by the same service by which the feoff hold over  because the service be a encumbrance upon the land which the tenant can not  discharge without his lord consent must follow the land into who hand soever  it come but that statute only extend to case where the feesimple be transfer  and when after the statute de gift the feudal right of reverter be turn into a  reversion the law oblige the donee to do the same service to the donor which  he be bind to do to his superior lord because this be a estate of inheritance  which possible may have continue for ever Inst a a I this construction be not  extend to lease for life or year for if the lessor make no reservation the law  imply none except fealty which be due from every tenant have any determinate  interest ib ED e light sect   a   b   light b cro car   a hetl   a vin Abr  copyhold a pl coke report b er p 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 e 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 coke Report8b the will of the lord and the statute say  quod 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 rd forasmuch 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 a  entail and yet neither fine f nor common b 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 pay rend 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 quod to be concession  per totan curian but it be say that the statute without special custom do not  extend to copyhold g but if the c 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 e but as  Lord coke elsewhere observe this be not Littleton own opinion but his opinion  be rather to the contrary Inst b I and it have be long settle that though a  copyholder have a estate at the will of the lord yet it be accord to the  custom of the manor and if hebe oust contrary to the custom he shall not only  sue by petition to the lord but may have trespass against he ibidem ED a more  say cro Elizabeth Leon Poph sand hard a   a roll   light a b roll Rep   a more  Watk pale yellow ten f ace Bowden v malster cro car Cru dig as to the mode of  bar entail of copyhold infra n n ED b cro car godb Benl Poph cro Elizabeth  cart cro car will Watk pale yellow ten g this point have be the subject of  much controversy see pale yellow ten Watk qof vin Abr qof f e Cru dig edit Bac  Abr copyhold c but it have be long settle agreeable to the decision in this  case and in Bowden v malster cro Charles that the statute de gift do not  extend to copyhold without a special custom but that where there have be a  custom of entail copyhold the statute cooperate with the custom will give to  such a estate all the quality of a estate tail roe d crow v Baldwere t r as to  what will amount to a proof that a copyhold have be entail see infra Inst b I  where copyhold be intailable and the custom have not prescribe any particular  mode of bar the entail may be bar saint by forfeiture and regrant as where the  custom be either for the tenant in tail to commit a forfeiture of the copyhold  and the lord to seize and after make three proclamation to regrant it to the  old tenant or to another person or the tenant in tail to make a surrender to a  purchaser in fee and then for the purchaser to commit a forfeiture and the  lord to seize c see Pilkington v Stanhope side sty Grantham v Cople sand and n  ib and by a recovery in the manor court which it seem from several authority  may be suffer without a particular custom to warrant it see browns case post    a dell v Higden more Oldcat v level id pale yellow ten cart Rep car v singer  Ves or rd by a surrender though only to the use of a will ves stram burr p wms  Watk copyhold a custom to bar the entail by surrender may be concurrent with a  custom to bar by recovery everall v Smalley will stram roe d Bennett v Jeffere  maul and S as to equitable entail of copyhold see u n infra ED c roll   light  b will wood Bl Com Watk pale yellow ten Fonbl Tr Eq n Cru dig press Conv Com  dig copyhold c Bac Abr copyhold c I oh coke report a er p make it a estatetail  so that neither the statute without the custom nor the custom without the  statute can create a estatetail and to this purpose be d Littleton lib c for  be 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 bold to they and their heir  in feesimple or feetail 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 in descender  lie of such tenement which writ as it be say be not at the commonlaw h 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 I for before the statute all estate of e inheritance as  Littleton say lib I cap be feesimple king and after the statute no custom can  begin because the statute be make in e be make within time of memory l 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 feetail of a feesimple conditional at the commonlaw for  Littleton well know that no custom coke report a can commence after the  statute of west as appear in his own book lib c and h and where he say that  formedon in a descender lie be also say that it lie at the commonlaw and ft  appear in our book that in special case m a formedon in the descender lie at  the commonlaw before the statute of Westminster which see e formedon b e  formedon e Plowd Com b c and where it be further object that the statute of  west can without custom make a estate tail of cop hold because without custom  such estate can be grant b copy for it be say if 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 ne 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 c  grant to one and the heir of his body n or d light sect   light b Rep Q a skin  h see infra n m ib I but see the remark of pale yellow ten upon this opinion  of my Lord Ch baron see also the book cite in the last note but one ED e    light a cro car Poph   b   a f   light b a Watk pale yellow ten king but this  position that all estate of inheritance be before the statute de gift either  in fee absolute or conditional have be question by several distinguish writer  see wright ten Watk pale yellow ten f Inst a I a ED l see Inst a b I and n ib  Bl Com ED a   light b b a light sect f n b d Poph vin Abr formedon b pl m that  where the heircould not have a assize of mort d ancestor be may accord to his  special case have a formedon in descender at commonlaw but they he be to  recover a feesimple per Bendlow Plowd b Inst b I for the nature and different  kind of formedon see Inst b three and n n ib Inst Plowd booth Bl Com Bac Abr  formedon a vin Abr formedon Com dig pleader e c ED b Benl roll Rep   light b c  godb Poph Leon cro Elizabeth Leon roll   a   light b press be and edit n where  the custom of a manor do not admit of a entail of a copyhold a coke report a  er p 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 ad quod nonfuit responsum but it be agree by the whole  court that another Act make at the same parliament cap which give the elegit d  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 oh 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 our e in vita  and receipt and cap which give the particular tenant a quod ei deforceat and  therewith agree e b and in this case it be also resolve that although it be  not find f 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 twenty year and  so it shall be intend surrender to the use of a person and the heir of his  body give he a conditional fee and in that case a surrender after issue have  will bar the estate hanton v barn   supply S pullen v Middleton Mod but all  copyhold may be entail in effect either by custom at law or in equity without  it thus if a surrender be make to a person and his heir and a trust be declare  of such estate to another and the heir of his body a court of equity will see  it observe for the custom only bind the tenancy and have nothing to do with  the trust Ves stram Bl Com and such equitable entail may be bar in the same  mode as if it be a legal entail see Mod Cru dig and if the tenant in tail of  the trust of a copyhold accept a surrender of the legal estate from the  trustee it will bar the entail and remainder over Graeme v Graeme Watk copyh  and edit but a equitable entail of a copyhold be not bar by a devise without a  surrender rise v low h Bl ED d roll cro car hard Benl say f Cowp Bart Prec n  vin Abr copyhold pl Com dig copyhold n Bac Abr copyhold c I execution c h oh S  p   copyh pale yellow ten read stat law Inst vin Abr copyhold d pl Bac Abr  copyhold c Com dig copyhold n and see the book cite ace in n d sup ED e cro  car Inst say   a vin Abr copyhold pl Com dig copyhold n p in conformity to the  principle lie down in this case it be hold that the statute a of fine as to  their be a bar after five year nonclaim the statute of limitation the statute  of bankruptcy the statute of mortmain the statute Ann relative to conveyance  by infant trustee the that section of the statute of fraud Charles c concern  the sale of land and the that section which require declaration of trust to be  in write and many other statute extend to copyhold but they be not within the  statute h respect alienation by a wife of the land of her husband the statute  of use and jointure the statute of will the statute h as to discontinuances by  the husband of the wife land the statute respect partition Inst a I Burrell v  Dodd Bos p the statute Elizabeth for make accountant land liable to the debt  of the crown the statute Charles c S and Geo c S relate to occupancy see Inst  I zouch d force v force east nor those section of the statute of fraud which  relate to devise of land and they be except out of the register act Ann c Ann  c Ann c Geo c see further as to what statute extend to copyhold vin Abr  copyhold d Bac Abr copyhold c Com dig copyhold n ED f   b hob Leon roll   a  cro James post b Watk pale yellow ten coke report b er p if the contrary be  not show of the other side Q and judgement be enter for the queen coke  Report9b DOWTIES case Trin Elizabeth adjudge in the exchequer