cclvii beal and langley case John beal be plaintiff in a replevin against  Robert Langley and Roger hill the case be that Henry earl of Arundel be seize  of the manor of bury in his demesne as of fee whereof the place in which be  parcel demise and demiseable accord to the custom of the say manor by copy in  fee whereof Langley be a copiholder in fee c and the say earl so seize feoff  diverse person of the say manor unto the use of himself for life and afterward  to the use of the Lord Lumley and Elizabeth his wife daughter of the say earl  and the heir of their two body beget who make a lease of the say customary  land by indenture unto the plaintiff for year and the question be if by this  lease the land be so sever from the manor that the copyhold be extinct  walmesly take exception to the plead for that Langley plead that the custom  within the manor be that if any copiholder seize of customary land of the say  manor die thereof seize have many son that the young son shall inherit and he  show that the lord of the say manor grant to his father and his mother the say  customary land by copy to have to his say fatherland mother and the heir of  his father c and that his father die and that his mother survive he and die  and he as young son accord to the custom enter and be say that this customer  set forth by the defendant do not maintain his entry for the custom intend but  a general and immediate descent upon a copy make unto a man and to his heir  but such be not the descent here for the wife survive during who life the heir  can enter nor be there here such estate in the father of the defendant unto  who the custom set forth in the avowry can extend for the custom be allege  where a copyholder have a copyhold estate to he and his heir and here the  title of the defendant be that a customary estate be grant to the father and  the mother and the heir of the father so as this estate be not within the  letter of the custom and to that purpose he cite the case of sir John savage  late adjudge where one entitle himself to a copyhold in this manner that  within the manor there be such a customer that if one take to wife any  customary tenant of the say manor in fee and have issue by her he if be  overlive such wife shall be tenant by the courtesy and the case in truth be  that he marry a woman who at the time of the marriage have not any copyhold  but afterward during the coverture a copyhold descend to her in that case it  be hold that no tenancy by the courtesy do accrue by that customer which do  not extend but where the wife be a copiholder at the marriage and a custom  shall be in construction take strict and shall not be extend beyond the word  of it and as to the matter in law he say that by this lease the custom be go  and then by consequence the customary tenancy as to that land be determine for  the estate of the copiholder be secundum experience manor ad will dom and now  by the lease Langley can hold secundum experience manor for now the service  reserve upon the copy and the advantage of waste and other Leonard er p  forfeiture be extinct so that if notwithstanding the lease the customary  interest shall endure then such a copiholder shall hold this land discharge of  all service c in better estate than any freeholder at the commonlaw and  because the service in law be discharge and can be recover for that cause the  customary interest Leonard be determine for the case be e by Danby that the  copiholder shall have remedy against his lord if he put he out for he pay a  fine when be enter but here during this lease no fine can be pay upon any  descent c and the fine be the cause for which the copiholder shall maintain  his possession against the lord but here no descent or surrender can be  present for there be not any tenant who can do it see e by Brian as long as  the copiholder pay unto the lord the custom and service if the lord put he out  be shall have a action of trespass e if the copiholder will not do his service  the lord shall seize the land and he resemble this case to the case where the  king grant land pro bis man de d the same be a good grant and that only in  respect of the rend and for the reason of that it be a good corporation but if  the king release the rend the corporation be dissolve and the grant be become  void Fenner sergeant contrary and be say that by this lease be the act of the  lord himself the customary interest be not determine c and the whole court be  of clear opinion with Fenner that the copyhold do remain for otherwise by such  practice of the lord all the copyholder in England may be defeat and if any  prejudice be grow to the lord by this act it be of his own do and against his  own act be shall not be relieve and by periam justice the lord by his act I e  the make of the lease have destroy his seignory and lose the service as to  this land and Windham justice say that the lord himself have destroy the  custom as to the service but not as to the customary interest of the tenant  but the Lord Anderson be of opinion that the rend and service do remain and if  the copiholder after such lease commit waste that it be a forfeiture to the  lord and that will fall in evidence upon a trial although such waste can be  find by a ordinary presentment and the same law which allow the copiholder his  copyhold interest against this lease will allow unto the lord his rend and  service and he say that the lord shall have the rend and service and not the  lessee quod admire against his own lease see Elizabeth between murrel and  smith now report by the Lord coke in his report fol sir John savage case ante  dyer cro trin Elizabeth in the common plead