case erish against rive copyhold can be entail except by special custom ante  post   light b godb   side pale yellow ten pop Mod atk Com dig stram the  surrender of a copyhold estate tail be a discontinuance of the estate post  ante   light b more Leon   Brownl pale yellow ten it be a good custom that a  feme covert copyholder may surrender to two tenant of the manor out of court      Cop salk cro James Leon pale yellow ten the surrender of a copyhold to the  steward to the use of the steward himself be good   light salk queen if the  lessee of a copyholder can maintain a ejectment ante Com dig wGilb ten  ejection firmce for copyhold land parcel of the manor of thistleworth not  guilty be plead upon evidence these question be debate first whether there may  be a tenancy in tail of copyhold land without a special custom and all the  justice agree that there can not unless it have be so use there from time  whereof c and to that purpose Walnisley cite that in baste v reys in the  DutchyChamber it be debate before all the justice and resolve by they that  there can not he a estate tail of copyhold land unless there he a special  custom within the manor to warrant it second they all agree admit it be a  estate tail that a surrender thereof be a discontinuance to put the issue to  his action for he ought to take it subject to all the inconvenience which a  estate tail at the commonlaw be subject unto for that be the customary  conveyance and there be not any other mean to discontinue it and it be as  strong as a livery by tenant in tail and the alienee be in by the tenant in  tail although he come in by grant of the lord and there be no question but  that a formedon may be bring suppose the entry by the tenant in tail and not  by the lord and so a feme shall have a who in vita where one be also in by the  lord by his admittances his estate shall not he avoid without a recovery in  the lord court for the lord ought to have conusance of his tenant and  therefore a estate give by surrender in the lord court can be avoid without a  recovery there and not by entry three admit that the surrender of a feme  covert be sole examine shall bind her by the custom whether such a surrender  upon her examination make before two tenant of the inanor such surrender  before they be use to he make be good?And all the court agree that by special  custom to warrant it it may be good otherwise not because it be a judicial act  more proper to he do in court and so it be adjudge as Walmsley say upon a  demurrer in a Lancashire case where such a custom be plead and adjudge good  croak Elizabeth er p fourthly whether a surrender make to the steward to the  use of the steward himself be good and all the justice hold that it be for the  entry be quod up To give back in manus domini and the steward be but the lord  servant and the surrender be u the lord and not unto he and therefore  Glanville say if one make a recognizance to I S to my use it may be well  acknowledge before myself so if a obligation he make to I S to my use it may  be deliver to I to the use of I S and although it be here offer to prove by  witness that by the custom of the manor a surrender can not he make to the  steward himself to his own use the court reject it for it be against law croak  Elizabeth five where a copyholder make a lease for year accord to the custom  of the manor whether such a lessee upon ouster may maintain a ejectionefirmce  at the commonlaw Glanville say that it have be so resolve in this court that a  ejection firmce lie make mention in the declaration of the custom to demise c  but WaLsley seem to doubt thereof