case glover against cope easter term William and mary roll if a copyholder  make a lease in which the lessee covenant to repair and the copyholder  afterward surrender the reversion to the use of a the assignee of the  reversion after admittance may by Henry c maintain covenant against the lessee  for not repair although he have assign the term SC lev SC Mod SC Carth SC holt  SC salk SC skin SC comb covenant the case be a copyholder in fee make a lease  for year with covenant for repair the copyholder surrender to the use of the  plaintiff the plaintiff be admit and then bring a action of covenant against  the lessee the lessee plead a assignment of his term to I S the plaintiff  demurrer shower KB Mr Northey for the plaintiff if this be a freehold it will  be admit to I that the action lie at commonlaw accord to the case of Brett v  Cumberland a and there be no difference between this case and the case of  Swinnerton v miller b a copyhold rend be incident to the reversion and passes  by a surrender of it c when e march style f statute William and mary c g raze  Ent Staundf p c h dudley case side a cro James pasch Bulst godb roll Rep roll  Rep b hob c cro Elizabeth   shower KB er p a copyholder in fee surrender the  lord be but a instrument and the estate of the surrender remain in himself and  the surrendee be a assignee of the estate which he have it be true if a  copyholder for life surrender that be drown and the new estate come out of the  estate of the lord but if in fee it be otherwise by the commonlaw a assignee  of the reversion may bring covenant because it run with the land d here the  action be bring against the lessee after assignment and therefore though he be  not Chargeable either upon the estate or contract yet he be upon his express  undertake e then he be within Henry c a copyhold be within the mischief of the  Act as well as the other case of a freehold this be a remedial law and there  be the same reason why copyholder shall be within the statute as within the  statute of champerty f this construction alter not the service or term or  custom of the manor g and there be no authority against it the case of Platt v  plummer h be a quaere but no judgement in the case and though in cro car it be  say to be not within the statute yet there be no authority for it then for the  case of beal v brazier I that a copyholder can enter for a condition within  that statute it be a case without argument or debate and though it may not  extend to condition and entry for the breach of they because of change the  possession to the prejudice of the lord yet it may extend to covenant Mr  Cooper e contra the action do not lie at commonlaw for it be bring by a  surrendee of copyhold land against a lessee after assignment the freehold be  still the lord and the land continue still the demesne of the lord for if a  copyholder in fee take a lease though but for three year yet the copyhold be  drown king then shower KB for the statute in Plowd it admit a debate whether  any but the grantee of reversion from the crown be within it so far be they  from think the statute do include copyhold this be no reversion for the party  come in from the lord and like the case of chaworth v Phillips l lessee for  twenty year make a lease for ten year upon condition then the lessee for  twenty year surrender to he in reversion he in the reversion shall not take  benefit of the condition because he be in of a estate paramount then it appear  by the same case that this statute be not further extend than the purview for  if condition be to be void if ten pound be not pay at a certain day the  grantee of the reversion can enter for the condition break because it be  collateral m nor be there any answer give to the case of entry for condition  for a covenant be more collateral than a condition for a condition be annex to  the estate but covenant be foreign and therefore if it do not extend to  condition much less will it to covenant holt chief justice as to the commonlaw  I doubt it lie not but as to the statute it seem within it however let we hear  another argument vide roll Rep afterward levins sergeant for the plaintiff  this covenant be maintainable at commonlaw Edward pl Henry pl Henry and mich  car in the exchequer low v William a seize in fee make a long lease for year  and covenant with the lessor and his executor to repair yet hold the heir may  bring covenant upon the reason of sacheverell v Frogate n because it be plain  intend that the term be to last long than his life and consequent the covenant  shall go with the land on both side oh the covenant shall bind and follow the  land baily v Hugh p the assignee of a term shall have benefit of a covenant to  deduct rend upon disturbance in perception of the profit because it go with  the land but you say if it go with the land the assignee be Chargeable and not  the lessee for that I answer that if the covenant go with the reversion then  let the assignee do what he will the lessee be bind by his own covenant  notwithstanding d   roll Rep Fitzherbert Abr covenant pl and pl bro Abr  covenant pl pl cro car Owen Bulst sand e bro Abr title covenant pl f     g    light h cro car I cro James Yelv king   l more pl m   n vent sand raym lev keb  oh   p cro car shower KB er p his assignment and so be the case of bachelor Q  and of Norton v ackland r but then they say these action be bring by the  lessor himself upon the account of privity of contract now I say that if it be  incident to the reversion the lessee be still bind accord to Brett v  Cumberland S if not at commonlaw yet we be within the statute of Henry c beal  v brazier t shower KB it be adjudge against I but that be without the due  consideration it deserve the same in rowden v malster u be only say by some  arguendo but that case have not stand and contrary thereto it have be hold  that a copyhold may be entail and so hold in the case of sir William Wentworth  ten in the case of plait v plummer that it be find on a special verdict and no  judgement in it the tenantright estate in the north which be not freehold will  be within the same consideration as copyhold it have be a question whether the  grantee of a reversion upon a lease for year be within the statute but that  have be settle to be so z copyhold be not of that small regard at the time of  make this statute of Henry c for before that a copyholder shall have aid of  his lord a so that they be of value then and be so still since the statute b  the law which be for general repose and relief shall extend to they c they be  within the statute of limitation d this statute of Henry c speak of all  grantee of reversion which be general and include all whereas these statute  that have be construe not to extend to copyhold land make mention only of land  tenement and hereditament which rather shall be restrain to commonlaw land  they be hold within the statute of pretend right c e and that be a Act make at  the same session of parliament with this f they be within the statute of fine  g and within the statute of Elizabeth c for restraint of ecclesiastical person  h Mr row e contra at commonlaw there can be no great doubt but that this  action do not lie and it be not within the statute for notwithstanding all the  favourable opinion which have be give for copyhold it be but a estate at will  and can pass only by surrender to the lord and be to regrant it and the  surrendee be in in the post I this term be forfeitable to the lord of the  manor the copyholder though he have a fee yet he be in nature of a particular  tenant king upon the statute of Henry c only those statute which concern or  affect the state of the land have be construe not to extend to copyhold as the  statute which give a elegit the statute of Acton Burnell do not l it be true  statute which regard criminal matter have be adjudge to reach it he cite Leon  Owen the case of beal v brazier cro James be express shower KB and that of  plait v Plommer cro car though there be no judgement in it yet it show the  plaintiff can not speed in it and consequent the opinion of the court be  against he holt chief justice this be within the statute as much as any thing  can be within the equity of a statute dolbin justice the true reason why at  any time copyhold be adjudge out of such statute be for the damage to the lord  and there can be none here now a estate tail may be of it and by custom dock  by a surrender and so without solemn argument at bench judgement be give for  the plaintiff Q cro car Jones r cro car S cro James t cro James u cro car ten  finch c r that cro car   Copy z light S Kelway a Edward pl b Owen   light   c  more pl d Haydens case   e   f Henry c and see hawk p c ch S g mary Podger  case   h the case of the dean and chapter of Worcester   I assize pl and pl  cro Elizabeth roll Abr king see more and   Spencer come   report there by the  name of Spencer v clarke SC roll Abr l side shower KB er p