case glover against cope easter term will mary roll if a copyholder in fee  make a lease for year warrant by the custom in which the lessee covenant to  repair during the term a surrendee of the assignee of the reversion may  maintain covenant for nonrepair against the original lessee although he have  assign the term before the reversion be surrender to the plaintiff for a  copyholder be within the statute Henry c SC lev SC show SC Carth SC holt SC  salk SC skin SC comb covenant the plaintiff declare that the manor of hackney  in the county of Middlesex be a ancient manor whereof one message with the  appurtenance in MeerStreet be copyhold of inheritance that there be a custom  within the say manor for every customary tenant thereof be seize in fee of any  copyhold land or tenement to demise the same for thirtyone year more or less  without licence c that on the thirtyfirst day of December in the nineteenth  year of Charles the second sir William Bolton be then lord of the say manor do  grant the say message c to George Hockenhall and mary his wife and to the heir  of the say George who be thereupon admit that on the twenty day of February  the say Hockenhall and his wife by their indenture do demise the say message  to the defendant for twentyone year render rend in which lease the defendant  covenant to repair during the term that by virtue of the say demise the  defendant enter and be possess c that mary Hockenhall die and afterward  videlicet on the twenty day of January the say George Hockenhall grant the  reversion of the say message c to his son George Hockenhall the young and to  his heir that afterward videlicet on the fourteenth day of August in the first  year of James the second the say George Hockenhall the son be admit tenant and  the same day surrender the premise to the plaintiff glover who be admit and  who now bring this action against the defendant for not repair of the premise  modern the defendant plead that after the lease make to he and before the  reversion come to the plaintiff videlicet on the twentyfourth day of July in  the twentyeighth year of Charles the second he the say defendant assign the  message c to Sarah pike of which the plaintiff have notice by virtue whereof  she enter and be possess et hoc c the plaintiff demurrer and the defendant  join in demurrer the case upon the plead be short thus a copyholder in fee  make a lease of a message for twentyone year warrant by the custom c the  lessee covenant to repair during the term afterward the lessor grant the  reversion to his son who surrender to the plaintiff who bring a action of  covenant against the lessee for not repair the principal question be whether  the action will lie or not the doubt arise upon the tenure of the message  which be copyhold for if it have be a freehold the action may have be well  bring by the assignee of a reversion against a lessee for year after he have  assign the term notwithstanding the lessor or his assign have accept the rend  from the assignee of the lessee and this upon the general word of the statute  of Henry c which give the grantee and assignee of reversion of land tenement  and other hereditament the like advantage against lessee by entry for  nonpayment of rend as the lessors or grantors themselves may have modern er p  now whether copyhold land may be comprehend in these general word be the chief  question first it be premise that without the aid of the statute a grantee of  a reversion may bring a action of debt for so be the law before this statute  be make the yearbooks Henry pl Henry pl a and it be ground upon this reason  that wherever a man be entitle to a reversion so that he have the rend which  be incident to it and which be give by law there the law likewise create the  privity on purpose to maintain a action of debt for the rend then two question  be make first whether this covenant run with the reversion for if so then the  plaintiff be a grantee of a reversion may bring this action at the commonlaw  modern Second if not then whether the assignee of a reversion of a copyhold be  aid by the statute of Henry the eight as to the first point this covenant  extend to support the thing demise for it be to repair it be appurtenant to it  and shall run with the land and will bind a assignee of the term though he be  not oblige by the express covenant for it be parcel of the demise and contract  and have a existence at the time of the make of the lease and so be Spencer  case   cro car   light b in debt for rend by a assignee of a reversion against  the assignee of the term he plead that the lessor covenant with he that if he  shall be disturb in the possession c that then he shall detain so much of the  rend as he shall be force to pay c and he allege that so much have be levy  upon he for fine and issue which he withhold out of the rend and upon a  demurrer it be hold that he shall have the benefit of this covenant for it run  with the land and upon such a covenant the assignee of the term may have  detain the rend at the commonlaw the objection videlicet that if this covenant  run with the land then the assignee and not the lessee must be Chargeable be  of no manner of force because the lessee be bind by express covenant to repair  and no assignment of the term or acceptance of the rend by the lessor can  discharge he this be the express resolution in several case cro car c and if  it shall be object that in those case the action be bring by the lessors  themselves and not by the grantee of the reversion then the judgement of the  court in the case of Brett v CumberlandCro James a will be a direct answer to  that objection which be short thus the lessee have covenant to repair assign  his term the grantee of the reversion in fee accept the rend of the assignee  the lessee die leave the defendant his executor and the say grantee bring a  action of covenant against the executor of the lessee for not repair after the  assignment both of the reversion and the term and it be hold that it will lie  upon the statute be a covenant in fact and run with the land and that no  assignment make by the first lessee can discharge his executor so long as they  have asset it be true the action can not be bring against they by reason of  any privity of contract for there be none but it may be bring upon the  covenant itself so long as they have any of the testator estate in their hand  modern and therefore if the plaintiff in this case shall not be entitle to  this action at the commonlaw yet he be aid by the statute notwithstanding he  come to his estate by surrender because a surrendee be a assignee within the  equity and meaning of the statute in order to maintain either a action of debt  or covenant it have be former hold that a surrendee of a copyholder in fee be  not such a assignee as be intend by this statute in order to take advantage of  a condition break because he be in by the custom and not by law and can be  privy to the lease make by the surrender and so be the case of Beal v brazier  cro James Yelv b but this be a judgement without argument and only by two  judge the rest be absent so that it be not of that force as a judgement give  by the whole court upon a solemn debate it have be hold cro car c also that  copyhold estate be not within the statute de gift c and yet they do entail  those estate notwithstanding that judgement it can be deny but that such  estate be valuable in the law long before the modern er p make of the statute  of Henry c for justice Littleton tell we Litt sect d the opinion of two chief  justice in the reign of Edward the four be that if such tenant pay their  service and be turn out of the land they may have action of trespass against  the lord nay they may prescribe against he by reason that they have fix and  perdurable estate now this statute be make for a general remedy to give action  to recover man right Keilw e and therefore copyhold must be include because  they be not only valuable in the law but be a great part of the tenure of the  nation and as they have be value before so likewise they have be since the  make of the statute for if a copyholder for life make a lease for three year  general have licence to make it foe three year if he so long live though the  licence be not pursue yet the lessee may maintain a ejectment   f so where    light g lessee for year be dominus pro tempore of a manor and take a surrender  and his estate determine before admittance yet it shall be compellable to be  do accord to the surrender the severance of the inheritance of the copyhold  from the manor will not destroy the tenure itself   a because the estate of  the copyholder be establish by custom and therefore modern neither the lord or  any claim under he can turn out such a tenant particular statute by which the  lord may have any prejudice as to fine or amerciament Henry c Elizabeth c b do  not bind copyhold tenant as the statute of Henry c concern bankrupt do not  extend to copyhold and therefore a subsequent law Elizabeth c be make to  include they neither do the statute of recusancy extend to such estate and the  reason give be Owen c because the lord may thereby receive a injury by the  loss of his custom and service but general law make for the public good and  where the lord of manor can have no prejudice be bind and shall extend to  copyhold land though they be not name in such statute as in Heydons case   d a  religious house grant a copyhold for two life and in the thirty year of Henry  the eight demise the same to Heydon for eighty year the very next year a  statute be make Henry c S e by which it be enact that if any religious house  shall within one year next before the first day of that Parliamentor afterward  lease or grant c any land in which any interest or estate for life or year be  then in be that such lease shall be void now the grant of this copyhold for  two life in the year before the statute be make be adjudge a interest and  within the general word of the Act and therefore the lease to Heydon be void  Owen f by the statute of limitation Henry c it be enact that a writ of right  shall not be maintain to any land c or any far seize allege in the ancestor  than for sixty year next before the testae of such writ which word point only  at a interest at commonlaw and not by any custom and yet copyhold land have be  adjudge to be within that Act more g so likewise by the statute of maintenance  Henry c the buy any pretend right of title to any manor land or tenement be  prohibit which word have be adjudge to extend to pretend right to a copyhold  estate   see hawk p c ch S h because the statute be make for avoid maintenance  in general which design will be lose if copyholder land which be a  considerable part of the kingdom shall be leave out now to enforce this  argument it be to be observe that the two statute last mention be make in the  same year and by the same parliament by which this statute modern be make to  enable grantee of reversion of manor land tenement and other hereditament to  take advantage against lessee and if such construction have be make upon the  general word of these statute what reason can be give why the like shall not  be make in this case Mr roe e contra argue that the authority cite for the  plaintiff be not applicable to the case in question and first as to those cite  out of the yearbooks they be action of debt for rend and be of a different  nature from those in covenant which be a collateral thing and a choose in  action and will not follow the reversion without the help of the statute  modern er p so that if any thing support this action of covenant it must be  the statute but it be not within the general word or within the meaning of  that law nothing of copyhold can be intend to fall under the general word  videlicet manor land tenement and other hereditament for such be only know at  the commonlaw and therefore can have no reference to copyhold land which be  create by custom and be only estate at the will of the lord this have be hold  to be the sense and meaning of those very word in the several statute of  jointure use and partition so likewise upon the statute of Henry c which make  the alienation of any estate of the wife void which she have in dower for life  or in tail joint with her husband c in any manor land tenement or other  hereditament the alienation of a copyhold estate which she have in tail joint  with her husband be adjudge good and not within that statute Harrington v  smith side ante a upon the statute of Elizabeth c which empower the  commissioner of bankrupt to sell their land c it have be hold they can not  sell copyhold if that law have not give they power by express word videlicet  to sell as well copy as free land cro car Leon b so be several act of  parliament which be make to give forfeiture of land tenement or other  hereditament c which word do not extend to copyhold but only to inheritance at  commonlaw and the reason be because copyhold land at the time of make this and  other act and long after be in no esteem of the law for the tenant of those  land hold they in villeinage or at best be but tenant at will and so not  within the provision or care of act of parliament modern and even at this day  their estate be hold only at the will of the lord accord to the custom of the  manor and in many respect this tenant have a dependence upon the lord for he  can neither alien nor lease his copyhold without licence and therefore when  either be do it be as well the act of the lord as of the tenant another reason  offer why this action will not lie be because the lessee have not attorned to  he in the reversion accord to the opinion of my Lord Hobart in Swinnertons  case hob c where a copyholder make a lease for year render rend and then he  surrender the reversion to the defendant who be admit and in a replevin be  avow for rentarrear which it be say he can not do or enter for a condition  break without the attornment see Ann c and Geo c by which attornments be  render unnecessary d of the lessee to he but this be not much insist OD  because the law seem to be otherwise for the estate of a copyholder do not  pass by any grant of the reversion at the commonlaw to which a attornment be  necessary but by surrender and admittance curian a copyholder have a  inheritance though he have it in the post and his estate be now fix and  establish by the custom and therefore it be reason to construe he to be within  the equity of this statute and the rather because of late he have be hold to  be within the statute de gift c and so without far argument judgement be give  for the plaintiff