case clun against pea and turner Michaelmas term pound Elizabeth roll where by  custom a copyhold may he entail it may also he bar by a common recovery suffer  in the lord court ante post roll ab   a   light roll Rep kitchen more salk  style Carth pale yellow ten strange will ves burr Bac ab will ante trespass it  be find by special verdict that the place where be parcel of the manor of  Brettenhall in Essex and copyhold land demisable lu fee in tail or for life  and that one Henry smith be a copyholder thereof in tail the remainder to  Edward smith in tail and suffer a recovery with common voucher in a plaint in  nature of a writ of entry in the court of the manor and that under it the  plaintiff claim and that afterward he die without issue and that the defendant  in right of sma enter and further they find qubd nullafuit consuetudopro  dommunibus recovery ante usual within the say manor et si c croak Elizabeth  WarhertOD for the defendant it be first find express that it be a estate tail  and then it be not bar by this recovery first a warrant can be annex to a  copyhold for he to who use the surrender be make be in by the lord and he who  will have a warranty oughtof necessity to he in by the party second a warranty  be at the commonlaw and the estate in the land be by copyhold and custom and  therefore the warrant that can be annex thereto for those estate be create and  they be demesne and to he defeat b the custom of the manor and therefore there  shall not he a tenancy in dower nor by the courtesy of they without a special  custom then without a warranty there can be any voucher nor recovery in value  and without a recovery in value there can be any bar to the issue in with  wherefore c Glanville hold that it shall bind writ of entry be Allowable he  they with title or without title and there be ancient precedent that there  have be recovery there in nature of real action and receipt and other course  as at the commonlaw and the lordkeeper who now be about twentysix year since  purchase a copyhold within the manor of cashiobury in the county of herts  which be entail and upon great advice he be to have a recover and whereas it  be say that warranty can be annex true it be it can be annex at the time of  the surrender but it well may he by a release or confirmation afterward and  admit it can not he et none can counterplead it but the vouchee and if he  enter Willing into the warranty that shall bind he when the recovery be have  and if it he not good to bind it pepetibum vet clear it be a discontinuance  wherefore c but all the justice hold that this recovery shall not bind the  issue in tail for it shall not bind upon a expectance of a recovery in value  which be the reason that it bind for land at the commonlaw and here he can  have any land in value for he can have any land at the commonlaw and he can  have customary land for if it shall he so convey the lord thereby shall lose  his fine and one shall hold his land as a copyholder without admittance or  grant from the lord which be contrary to the nature of copyhold and contrary  to the prescription which be to hold by copy c but it be a discontinuance  clear which can be defeat by entry wherefore they give day to speak to that  point afterward it be adjudge for the plaintiff but gucere whether upon the  principal matter or not vide hill pl croak Elizabeth er p