Charnock against Coree see before debt against administrator in debt against  administrator the defendant plead two recognizance acknowledge by the  intestate which be not satisfy and that he have not any good or chattel of the  say intestate unless good and chattel which do amount to the debt due by the  say recognizance and it seem to all the justice that the plea be not good but  that the defendant ought to plead accord to the common form that be that he  have no good beside or beyond the good to satisfy the two recognizance or that  he have no good to such value which do not amount to the say sum due Brownlow  goldsborough er p by the two recognizance and in these case this manner of  plead be imply confession that be have good of such a value and so they shall  be asset if the recognizance be discharge or remain of covin and fraud to  deceive creditor pasch James in the common bench Bicknel v Tucker BrownIow and  goldsborough er report date Bicknel against tucker see before copyhold the  case be a copyhold estate be grant to one for life remainder to another for  his life the first copyholder for life accept a bargain and sale of the  freehold from the lord and after that levy a fine with proclamation and five  year pass and then he die and if this fine shall be a bar to he which have the  copyhold estate for life in remainder be the question and it be argue by  Harris sergeant that the statute of fine in the body of that bind all person  but only sorn which have infirmity and by the save right title claim and  interest be save but title come in the conditional perclose of save that be so  that they pursue their title claim and interest c by way of act or lawful  entry within five year next after the say proclamation have and make so that  in this case the principal matter to be consider be what thing be operate by  the acceptance of the bargain and sale for if by that the remainder of the  copyholder be turn to right then ensue that the fine shall be a bar and it  seem that this determine the first estate for life and he agree that it can be  a surrender insomuch that there be a mesene remainder as it be h b h but this  lease to commence at a day to come can be a surrender but shall be determine  Brownlow goldsborough and extinct by acceptance of a new lease as it be there  and in h agree and so it be adjudge in Hillary Elizabeth between willmott and  cutler case that if a husband which be seize of a copyhold estate in right of  his wife accept a estate for life this determine the copyhold estate which he  have in right of his wife in possession so if lessee for year accept a estate  of one which have no estate yet this determine his term as it be adjudge  Hillary Elizabeth rot b that if lessee for year of a lease make by the  ancestor accept a estate of guardian in socage this determine his lease which  he have of the ancestor and upon that he conclude that in this case the  acceptance of a bargain and sale turn the copyholder in remainder to a right  and then it appear by Saffins case coke that he shall be bind though that he  have only interest and so of title also and he say that it appear by kite and  Quarintons case coke that a right or title may be of copyhold estate for it be  there say by Wray chief justice that it shall be within the statute of h  chapter of buy of title and so conclude Dodridge the king sergeant agree that  the sole question be if any thing be here do to turn the copyhold estate in  remainder into a right for then he agree that this shall he bar otherwise not  and to that he intend that the first estate for life shall be say to be in be  notwithstanding the acceptance of the bargain and sale as to all estranger and  especial when it be to their prejudice as if tenant grant rend and after  surrender his estate dow between the party the lease shall be extinct by the  surrender but to the grantee of the rend it shall be say to be in be and if  during his life he in remainder also grant a rend he shall hold the land  subject to both the rend though that the grant be both to one self same person  so if he in reversion grant his reversion with warranty and after the tenant  for life surrender and the grantee be implead he shall never vouch during the  life of the tenant for life h comment Edward and here also be a custom which  preserve the copyhold estate in remainder and their particular tenant can that  prejudice and for that also it shall not be turn into a right as if a copyhold  estate be grant to one for life by one copy and after the lord grant another  estate for life by another copy to another and then the first copyholder  commit forfeiture he which have the second estate can take advantage of that  but the lord shall hold it during the life of the first tenant for no act make  by the particular tenant shall prejudice he in remainder for otherwise many  inconvenience will ensue upon that as by secret conveyance or as if a grantee  of a rend charge grant that to the tenant of the land for his Brownlow  goldsborough life the remainder over the remainder shall be good Brownlow  goldsborough er p notwithstanding that the particular estate be extinct and  drown plank be intend that the copyhold estate be another thing than the land  it self and for that the fine shall not be a bar no more than in smith and  stapletons case Com where a fine levy of land shall not be a bar of rend  insomuch that it be another thing so in this case he intend that the fine  shall not be a bar of the copyhold estate and conclude c winch justice be of  opinion that the fine shall not be a bar to the copyhold estate in remainder  for the acceptance of the bargain and sale do not determine the first copyhold  estate for life as to he in remainder but only to the first tenant and the  lord and between those he agree that the copyhold estate be determine as in  Heydons case by acceptance of a lease for year and for that the remainder  shall not be turn to a right and by consequence shall not be bar and for that  be suppose that the reason that the fine be a bar in Saffins case coke b be  insomuch that the lessor enter make a feoff and after levy a fine and it be  there agree that the feoff turn the estate of the lessee to a right and for  that the fine shall be a bar and also there the lease be by limitation of time  to have a beginning but if a man make a lease for year to begin at a day to  come and before the beginning of that make a feoff or be seize and fine with  proclamation be levieX yet he which have future interest shall not be bar for  this be not turn to a right and it be not the intent of the statute of fine to  make a bar of right where there be no discontinuance or estate at least turn  to right and this be the cause that at the commonlaw fine with nonclaim be no  bar but where they make alteration of possession and he cite palmer case to be  adjudge that a fine of land shall not be a bar for rend where the case be  lessee for life remainder for life of rend the first lessee for life of the  rend purchase the land and levy fine of that and adjudge that this shall not  bind they in remainder of the rend no more if he in remainder levy a fine that  shall not prejudice the particular tenant and so he conclude in this case that  the remainder shall not be bar and that the plaintiff shall have judgement  Warburton justice accord and he argue that the statute of fine contain two  part the first to bar those which have present right and they ought to make  their claim within five year after the fine levy or otherwise they shall be  bar and the second those which have right title or interest accrue after the  fine levy by reason of any matter which precede the fine and in both case the  estate which be bar ought to be Brownlow goldsborough turn into a right or  otherwise it shall not be bar the which can be here for the estate be give by  the custom and it be to have his beginning after the death of the first tenant  and though that the first tenant commit forfeiture yet he in remainder can  enter for his time be not yet come as in Edward be a collateral lease with  warranty to the tenant for life in possession this shall not be a bar insomuch  that it be make to he which have possession so if a man make a feoff upon  condition and the feoff levy a fine with proclamation and five year pass and  the condition be break the feoff may enter at any time otherwise if the fine  have be levy after the condition break and so if the lord be entitle to have  cessavit and fine be levy by the tenant and five year pass he shall be bar and  this be the cause of the judgement in Saffins case insomuch as the lessee have  present interest to enter and this be alter into a right by the feoff and then  the fine be a bar but here be in remainder have no right till after the death  of he which be the first tenant and then his right to the possession begin and  then if a fine have be levy with proclamation this shall be a bar and so he  conclude that judgement shall be enter for the plaintiff coke chief justice  accord and he agree also that the sole question be if by acceptance of a  bargain and sale by the first tenant for life the remainder be turn into a  right and he say that right sometime sleep but it never die but this shall be  intend the right of the law and not right of land for that may be bar by writ  of right at the commonlaw and he intend that copyhold be within the statute of  fine he they copyhold for life year in tail or in feel for the three part of  the realm be in copyhold and two part in lease for year and if these shall not  be within the statute then this do not extend to three part of the realm and  it be agree in Heydons case coke that when a Act of parliament do not alter  the tenure service interest of 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  Brownlow goldsborough er p word of such Act of parliament shall extend to  copyhold and also it be resolve to be within the statute of h of maintenance  and also it be within the express letter of this which contain the word  interest and copyholder have interest and so also of tenant by statutemerchant  then the question will be if the acceptance of a bargain and sale turn that to  a right and he intend that his estate for life remain though that it be only  passive in acceptance of bargain and sale and for that it shall not be  prejudice more than if tenant at will accept a bargain and sale for his estate  at will this notwithstanding remain but if lessee Brownlow goldsborough for  year or life accept a fine upon conusance of right this be a forfeiture  insomuch that it be a matter of record and it shall be a estoppel to say that  he do not take fee by that and do not admit the reversion to be in another  also insomuch that the bargain and sale be execute by the statute for this  cause it shall not be prejudice as it be adjudge in the lady Gresham case in  the exchequer Elizabeth where two several conveyance be make with power of  revocation upon tender of ten pound and adjudge by Act of parliament that a  revocation be good and also that no licence of alienation shall be make  insomuch that it be by Act of parliament which do no wrong and it be for the  trespass for which the party ought to have licence and if it be not trespass  there need no licence before hand nor pardon afterward so if a man make a  lease for year remainder for year the first lessee accept bargain and sale  this shall not turn these in remainder to prejudice three it seem to he also  that notwithstanding the acceptance of the bargain and sale the first copyhold  estate for life remain in be and be not determine for this differ from a  estate of land for it shall not be subject to a rend grant by the lord the  first estate remain till all the remainder be determine for the first tenant  for life can surrender to the lord also it be customary estate for by the  commonlaw this be grant to three successive this shall be determine and  extinct for the three part for they three take into possession and the word  successive shall be take as void but here the custom appoint that the  remainder shall not have his beginning till the death of the first tenant and  that they shall take by succession and for that there be a difference between  this customary estate and other estate at the commonlaw and other surrender  for if a copyholder surrender to the use of another for life nothing passes  but for life only the lord have not any remainder by this surrender and if  this tenant for life commit forfeiture he in reversion shall not take  advantage of that and if at the commonlaw tenant for life remainder for life  or in fee be and the first tenant for life make a feoff and after levy a fine  and resolve that he in reversion shall not be bind till year be incur after  the death of the tenant for life for then his title of entry first accrue in  apparency and before that be in secrecy of which he in remainder be not hold  to take notice and so in this case he in remainder shall not be bind till five  year be incur after the death of the first tenant and the rather insomuch as  the first estate remain for that that the first tenant be only passive and not  active and so he conclude that judgement shall be give for the plaintiff  insomuch that the fine be no bar and Brownlow goldsborough upon this  concordance of all the three justice in opinion no other justice be present  this term judgement be enter accord pasch James in the common bench