coke Report24a murrel v smith Michaelmas Elizabeth in the king bench in  trespass SC cro Elizabeth pl SC cite send for supply   Cop S Leon S p Inst I d  f pale yellow ten Watk Cop Cru dig vin Abr copyhold h pl S pl g b pl Com dig  copyhold a b f Bac Abr copyhold f king l ante I m e the note and reference  infra a copyhold be not destroy by severance of the inheritance of the  copyhold from the manor but after such severance the copyholder can devise for  the grantee can take a surrender nor can the copyholder alien otherwise than  by decree in chancery by which the interest in the land be not bind but the  person only the copyholder shall pay his rend and all such service to the  grantee which be due without keep a court though suit of court and fine for  alienation and admittance be go and the grantee hall take advantage of all  those thing which be forfeiture before as the make a feoff waste c upon a  special verdict the case be such a queen Elizabeth seize in fee of the manor  of Bawdesey Butley in Suffolk grant part of it be ancient copyhold land to  smith the father in fee and afterward the queen grant the inheritance of the  say copyhold to a stranger in fee and afterward smith make his will in write  and thereby devise the copyhold to Murrell the plaintiff in fee and at a court  hold at the say manor surrender into the hand of the queen lady of the say  manor to the use of his will and in plead smith the defendant allege the say  grant make to his father by force whereof he be seize c and be so seize die  seize and that it descend to the defendant as his son and heir and the  plaintiff claim by the say devise and surrender traverse the descent to the  defendant and the juror upon this special issue give the say special verdict  and upon great advice and deliberation judgement be give against the plaintiff  and in this case three point be resolve that custom have so establish and fix  the estate of a copyholder that by the b severance of the inheritance of the  copyhold from the manor the copy e   light b   b Cr Elizabeth roll more Poph  owe dal see n a infra a that grant by a tenant at sufferance or other person  have a unlawful interest be not available against the rightful owner ace   Cop  S and see the book cite sup ante p a n oh ED f   light b roll   b more Cr  Elizabeth Poph Bulst infra n b b see send for ante p a and n oh ib   Cop S  pale yellow ten Watk Cop Cru dig and the book cite sup so if a devisee of a  manor enter and make admittances and then the devise prove to be void yet the  admittances make by the devisee shall stand Owen ED a see the reference above  b   a ante a   a post b Cr Elizabeth Cr James hob see n a infra coke report b  er p hold be not destroy a for inasmuch as the lord himself can oust the  copyholder no more can any claim under he do it for c no one to be able plus  law ad other transfer how ipse to have et quod per I non possum nec per other  but it be object that every copyhold estate in any land or tenement ought to  stand upon two pillar and without either of they can be support the one that  the land or tenement be d parcel of the manor b the other that such land or  tenement have be demise e and demisable time out of mind c so that parcel of  the manor and prescription be two incident to every copyhold but in the case  at bar one of they fail for by the say severance the land be not parcel of the  manor to which it be answer and resolve forasmuch as the land be parcel of the  manor and custom have once establish and fix the estate so that once it have  both the incident for this cause the severance make by the lord after the  estate have have its perfection shall not destroy the estate of the copyholder  d that in this case the say customary land descend to the defendant  notwithstanding the devise and surrender for the surrenderafter the severance  of the inheritance of the copyhold from the manor be utter void because the  land be not parcel of the manor at the time of a Acc Inst I d pale yellow ten  Watk Cop Cru dig vin Abr copyhold h pl Com dig copyhold AA b Bac Abr copyhold  king and see ante two a n m ED c   a   b b   b   light b above n a d   light b  b S p Inst b I Watk Cop Cru dig Com dig Cop b for a copyhold be parcel of the  demesne of the manor ld raym roll Rep cro James Mod salk Watk Cop ante two p a  l Cru dig go but it be not necessary that it continue parcel of the manor for  if the lord grant the inheritance of all the cop that hold within his manor  whereby they be sever from the manor yet the copyhold remain post   b it be  the same as appear here when the lord grant the inheritance of one copyhold ED  e   light b post b infra n c c S p Inst b I Le eon will t r l Watk Cop l Cru  dig Com dig copyhold b Bac Abr copyhold f l a copyhold can be create either by  act of the party or by operation of law for it must have custom to support it  and can be create by any other mode unless by a Act of parliament which may  operate as a estoppel to any man to say it have not exist time out of mind  revel v jodrell t r dean d Goodwin v spray I t r ED d see send for the book  cite in n a sup so in another place Lord coke say it be sufficient if the land  be demisable by copy though it be not always demise as if a copyhold escheat  to the lord and he hold it in his hand for many year yet be may afterward  demise it by copy Inst b I post   a so in a modern case it be hold that  although parcel of the waste of a manor have be new grant by copy of court  roll yet that have be grant by virtue of a immemorial custom to demise parcel  of the waste as copyhold they be to be consider as much copyhold as if they  have be immemorially hold by copy of court roll the tenure have its foundation  in custom which have immemorially attach upon the waste the subject of the  grant Northwick v Stanway Bos and p but a grant of parcel of the waste of a  manor to a copyholder and his heir by way of increase to his copyhold tenement  to be hold of the lord at his will subject to the same service c with the  copyhold and for which the grantee pay a fine and fee to the steward be hold  not to operate as a grant of a copyhold there be no custom to warrant such  grant nor of a freehold of inheritance since that can only be create by feoff  lease and release c king v inhabitant of Wilby maul and S and though copyhold  land coin to the lord by escheat c be regrantable by copy it be otherwise if  the nature of the copyhold interest be change by create a commonlaw interest  or by act of law see post a I Watk Cop ED coke report a er p the surrender e  and the devise alone can transfer such customary estate f for as it appear by  Bracton before and by Littleton fol b it can be transfer but by f surrender  into the hand of the lord accord to the custom coke Report25a of the manor  that after the severance the copyholder shall pay his rend to the feoff and  also shall pay and do other a service which be due without admittance or hold  of any court g as to plough the lord demesne heriot and such like but suit of  b court and fine upon alienation or admittance be go h for now the land or  tenement can be alien for as the copyholder have some benefit by his severance  as appear before so have he great prejudice for now he can c surrender or  alien his estate because he can alien it by surrender in manus domini  servitior as the custom have warrant and that he can now do nor can the feoff  make admittance or grant of the copyhold for he be not dominus pro empore I  but it be resolve that such d forfeiture as be forfeiture before the severance  as the make of a feoff lease waste deny of rend or such like be forfeiture  also after the severance king so if land be of the nature of borough e Acc  pale yellow ten Watk Copy Cru dig vin Abr copyhold S pl Com dig copyhold b Bac  Abr copyhold king see post a ED f Acc   Cop S Tr pale yellow ten Watk Cop Cru  vin Abr copyhold a m a W e Com dig copyhold f Bac Abr Cop g but by special  custom a devise of a copyhold may take effect without a surrender light Rep  arg cite Wrots case p Elizabeth c if and now by stat Geo c disposition by will  of copyhold estate as to person die after the that day of July be make  effectuate without previous surrender before this statute if a copyhold be  surrender to such use as the owner shall appoint the appointment may have be  make by will with a previous surrender to the use of the will Cuthbert v  Lempriere maul and S a will not execute accord to the statute of fraud be  sufficient to pass a copyhold estate do d Gilman v Heyhoe Bl Rep and a man may  surrender estate purchase after his will to the use declare by his will heylin  v heylin Cowp loft attorneygeneral v vigour Ves and if there be a general  devise capable of comprehend copyhold they will pass by the will although it  be not republish heylin v heylin sup attorney general v vigour sup that a  court of equity will apply a surrender in favour of child a wife and creditor  t r and in favour of a purchaser for a valuable consideration against the  party or his heir Barker v hill Ch Cas Jennings v more vern Blenkarne v  Jennings bro p c Patteson v Thomson finch by in the case of a voluntary  conveyance unless the heir have do something to prevent the acceptance of the  surrender vane v Fletcher p wms as to devise of copyhold see Cru dig c Inst b  two ante three p b n e ED f light sect   light b a vin Abr copyhold I b pl Com  dig copyhold c Bac Abr copyhold g a Cr Elizabeth infra n g g S p cro Elizabeth  Leon Brownl roll Abr pale yellow ten vin Abr copyhold S pl Com dig copyhold b  Bac Abr copyhold l ED b Cr more infra n h h Acc pale yellow ten and the other  book cite in note g above ED c Cr Elizabeth skin pl I Acc I Watk Cop n vin Abr  copyhold S pl and see the book cite b n a ED d Cr Elizabeth Leon more Bulst  pale yellow ten Watk Cop   Cop S Tr roll Abr vin Abr copyhold S pl infra n  king king such forfeiture as accrue by reason of the custom be discharge but  not forfeiture at commonlaw as waste c more Owen Bac Abr copyhold l but the  grantee shall not take advantage of a forfeiture commit before the grant for  the grant of the freehold make by the lord before entry imply a assent that  the copyholder shall continue his estate and so be in nature of a to make firm  coke report a er p English or gavelkind before the same custom and all other  custom which rule with the land shall remain after the severance l and it be  say if such copy holder will alien there be no mean but to have a decree  against he and his heir in chancery m but thereby the interest of the land be  not bind but the person only