coke a COMBESS case Trin James every copyholder have a customary estate of  inheritance may of common right without any particular custom surrender his  land hold by copy in full court and as a thing incident by the commonlaw he  may do it by attorney but the attorney ought to pursue the manner and form of  the surrender in all point accord to the custom as the copyholder himself  ought to have do when any one have authority to do a act he ought to do it in  his name who give the authority and he can do it in his own name nor as his  own proper act where two by letter of attorney be constitute atorneys to make  a surrender and they first show their letter of attorney and then by the  authority give to they by the say letter of attorney surrender c hold their  authority be well pursue Vid the entry   Ent nu in replevin by William atlee  against Daniel bank and Thomas Osborn of take of his cattle at Harmonsworth in  a place call walnuttree close in the county of Middlesex c which plea begin  Trin James Reg rot upon the plead and issue join and special verdict give the  case be such Thomas comb copyholder in fee of ten acre of pasture in h of the  manor of Harmonsworth in the county of Middlesex by his deed November e  constitute and ordain William comb and Stephen early two copyhold tenant of  the same manor his lawful atorneys to surrender vice nomin silo to the lord of  the say manor the say ten acre of pasture to the use of John Nicholas and his  heir and afterward at a court hold of the say manor Julii year e the say  atorneys tunc to hold dom per copy rot cur in eaden cur ostenderu scribe prd  to bear about that predict Nov year say in addition to et the same William et  Stephanus authority the dawn per prd litter attornatus that in full wax up To  give back in manus dom prd ten promontory pasture ad opus use prd John  Nicholas hredum et allocator of oneself who be at the same court admit accord  and that within the say manor there be not any custom to surrender copyhold  land c by letter of attorney either in court or out of court and if the say  surrender by letter of attorney of the say land hold by copy c be good or not  be the doubt which the jury refer to the consideration coke b of the court and  this case be argue at the bar in Michaelmas Hilary and easter term and in this  term and in this it be also argue by the justice at the bench and in this case  two point be move if a surrender can be make by force of the letter of  attorney if the atorneys have pursue their authority as to the first it be  unanimous agree by all the judge in their several argument that the surrender  in the case at bar make by letter of a roll Rep hetl godb roll Leon a attorney  be good a so a surrender to the lord out of court be de common jure and  therefore may be by attorney pale yellow ten so he may surrender by attorney  to the steward out of court Watk on Cop cite Dudfield v Andrews salk Tukely v  Hawkins I Lord raym Vid however contra a dictum of Lord Hardwicke Mitchel v  neal Ves and a surrender to a steward out of court be good without custom  whether such steward be make by deed or by parole Smithson v cage cro James  Parker v beck Com Rep and Vid hargrave note   light a but where it be  necessary to allege a special custom to enable a copyholder to surrender in  person there he can surrender by attorney as into the hand of the bailiff or  reeve of the manor   Litt a for in these case a special custom will be  necessary to warrant the surrender of the copyholder himself and therefore a  surrender by attorney will not be good without a further custom for do so a  purchaser of a copyhold be not oblige to accept a surrender by attorney  Mitchel v neal Ves a coke report a er p and their reason be because every b    light a roll b copyholder have a customary estate of inheritance may de common  jure without any particular custom surrender his land hold by copy in full  court and therefore in plead the copyholder need not a Bulst Doct pl a allege  a custom within the manor to surrender in court for that which be the usage  per totan England be the b   light a roll b commonlaw as it be hold in h Br  custom h die quod to have c Bulst b n c Br cust die pl c custom inter  mereatores per totan England c be no good manner of allege a custom for that  be the commonlaw b in a action upon a bill of exchange it be not requisite to  set out any part of the custom soper v dible I l raym Vid William v William  Carth and all general custom such as the custom of the realm relate to carrier  common innkeeper c and the custom of gavelkind and borough English c need not  be state in plead Doct pl indeed to recite what be the commonlaw or general  custom of the realm seem not only unnecessary but even improper because it  tend to confound the distinction between special custom which ought to be  plead and the general custom of the realm of which the court be bind to take  notice without plead hargrave d   Litt a and Vid city on plead that edition b  and in the book of entry title Tresp division copyhold f no custom be allege  to enable a copyholder to surrender in full court no more than that a  copyholder may make a d Doct pl roll Bulst   a Cr Elizabeth Leon Poph Owen hut  light Rep Jones Cr car more d lease for one year because that he may do by the  general custom of the realm which be the commonlaw vide Bracton lib c then if  a copyholder may surrender his estate in court by the general custom of the  realm which be the commonlaw from thence it follow that he may do it by  attorney as a thing incident by the commonlaw and that will more clear appear  if the reason of such thing which a man can do by attorney be well consider  and therefore if a man have a bare authority couple with a trust as e roll Rep  roll e executor have to sell land c if a man devise that his land shall be  sell by his executor for payment of his debt that will give the executor a  interest per hale ch arg Barrington v attorneygeneral hard Vid Mr hargrave  note   Litt a c they can sell by attorney but if a man have authority as  absolute owner of the land f Anders roll Benl pl godb roll die pl Benl in kelw  a Benl in ash pl N Benl pl Leon roll Rep f there he may do it by attorney as  beneficiary and use may after the statute of g r c g r and before the statute  of h e c Br feoffm h h for beneficiary and use have a absolute authority to  dispose of the land at his will without any confidence repose in he as appear  in Elizabeth dyer and there a judgement be cite in h accord against the  opinion of some judge in h I h a godb Br feoff abuse roll Rep I but in the  case at bar the copyholder have a customary estate of inheritance and not a  authority or power only also there be a king   light b king difference betwixt  a general absolute power and authority as owner of the land as aforesaid and a  particular power and authority by he who have but a particular interest coke a  to make lease for life or year and therefore if l roll Rep roll palm l a be  tenant for life the remainder in tail c and a have power to make lease for  year render the ancient rend c he can make a lease by letter of attorney by  force of his power because he have but a particular power which be personal to  he and so be it coke report b er p resolve in the case of the lady Gresham at  the assize in Suffolk in forty Elizabeth by Wray and Anderson chief justice  justice of assize there d wherever a power be give whether over real or  personal estate and whether the execution of it will confer the legal or only  equitable right on the appointee if the power repose a personal trust and  confidence in the donee of it to exercise his own judgement and discretion he  can refer the power to the execution of another for delegat non to be able  refer to therefore where a father have a power of appointment to his child  over a real estate and he delegate the power to his wife Lord Hardwicke say  that this must be consider as a power of attorney which can be execute only by  the husband to who it be sole confine and be not in its nature transmissible  or delegatory to a three person Ingram v Ingram atk and Vid Hamilton v royse  Schol Lef so where personal estate be give to such charitable use as a shall  appoint and he direct the money to be apply as b shall appoint Lord Hardwicke  hold the delegation void attorneygeneral v Berryman cite in Alexander v  Alexander Ves so where a testator give his wife a power to appoint personalty  among their child and she delegate this power by her will to other the  delegation be hold to be void Alexander v Alexander where sup on the same  principle a person who consent be make requisite to the due execution of a  power can authorize another as his attorney to consent to any execution of it  Hawkins v Kemp east and Vid attorneygeneral v Scott Ves grange v tiving Bridgm  Sugden on power rd edition but where a power be give to a to create estate  under such power c as he shall think fit and a create a estate subject to a  power of jointuring by b this be not a delegation of his power do v Lord  George Cavendish TR n and Vid mason v smith smith and the donee of a power may  delegate the power by virtue of a express authority in the deed by which it be  create Palliser v Ord bunb where the power be annex to a interest in the donee  and be original authorize to be execute by the donee of the power and his  assign such power be annex to the interest in the donee and will pass with it  to any person who come to the estate under he although there be twenty mesne  assignment and whether the assignee be a assignee in fact or a assignee in law  as heir or executor how v Whitfield vent SC show Jones but it seem that unless  the power be original authorize to be execute by the donee and his assign the  assignee of the estate can exercise it Cox v day east d also there be some  thing personal and so inseparable annex to the person of a man that he can do  they by another as do of a roll Rep   light b a a homage and fealty so it be  hold in e trespass the lord may beat his villain for cause or without cause  and the villain shall not have any remedy but if the lord command another to  beat his villain without cause he shall have a action of battery against he  who beat he in such case so if the lord distrain the cattle of his tenant  although nothing be behind finchs law c see Rep Q a the tenant for the respect  and duty which belong to the lord shall not have b Plowd b a b trespass  vietarmis against he e in bevel case   b this be say to be by the stat marleb  cap and in the Inst it be say that the word of the statute non to punish lord  per redemption c be interpret that the lord shall pay no fine and therefore  since this act by a consequent no action of trespass quare way et arms lie  against the lord in this case for then he shall pay a fine in the second  institute p it be express state that by the commonlaw a action of trespass way  et arms in that case do lie Vid also h b brook ab office deal court  Fitzherbert ab office deal court   Litt a Edward a h a a and dive v manningham  Plowd b where it be also say to be by the stat of marlbridge that no action of  trespass vietarmis lie the reason therefore assign in the text be erroneous e  but if the lord c Inst Br trespass c command his bailiff or servant in such  case to distrain where nothing be behind the tenant shall have a coke report b  er p action of trespass way et arms against the bailiff or servant h a h b h a  h a Littleton in his chapter of burgage hold that where in a borough he who be  seize of land in fee may devise by custom there the owner of such land may  devise that his d light sect   light b a d executor shall sell which they  shall do as atorneys to he e Coron by the custom of a manor a freehold will  pass from one to another by surrender in court f Vid note d Perrymans case   b  f against the a   light b roll a will of the lord and where the custom be such  the tenant may do it by attorney vide h a by hankford vide ass p and it be say  b roll b as be to who use a surrender be make may be admit by attorney so a  copyholder may surrender by attorney in full court and the case of he to who  use seem the strong case because he who be to be admit be to do fealty c    light a c which none can do fealty but he who shall be admit and therefore in  such case the lord may refuse to admit he by attorney but d roll d if he admit  he by attorney it be good enough but hill Elizabeth n e roll e chapman case it  be hold in the king bench that where the custom of a manor be that the  copyholder out of court may surrender into the hand of the lord of the manor  by the hand of two customary tenant who be in effect but instrument or f sty  Mod f atorneys of the copyholder to take his surrender that in such case the  copyholder by his attorney coke b can surrender into the hand of the lord by  the hand of two copyhold tenant for inasmuch as the surrender in such case  ought to be warrant by the custom the surrender without special custom to  warrant it by attorney will not be good also that be upon the matter by  attorney to make a surrender by other who be but atorneys for that be not  warrant by the g   light a roll g particular custom of the manor to make a  surrender out of court but in the case at bar the commonlaw and no particular  custom warrant the surrender and therefore it may well be make accord to the  rule and reason of the commonlaw by attorney but it be resolve that the  attorney ought to h roll h pursue the manner and form of the surrender in all  point accord to the custom as the copyholder himself ought to have do as if  the surrender by the custom ought to be by the rod or by any other thing or in  any other manner the attorney ought to pursue it and the chief justice say  that the style of a copyholder import three thing nomen his name origin his  commencement distinction his assurance his name be tenant by copy of courtroll  for his I light sect   light a I name be not tenant by courtroll but by copy  of courtroll who be the sole tenant in law that hold by copy of any record  charter deed or any other thing his commencement ad will domini for at the  beginning he be but tenant at the will of the lord his title or assurance  secundum experience manor for the custom of the manor have king hetl king fix  his estate and assure the land to he so long as he do his service and duty and  perform the custom of the manor and therefore l light sect   light a   a l  Danby say in e a that by the custom he be as well inheritable to have the land  as tenant to hold his freehold by the commonlaw and it be resolve that this  case be strong because the letter of attorney be make to those who be tenant  by copy c of the say manor but it be agree that where a m Doct and Stud a roll  h a a h a Fitzherbert cust Br cust m infant at the age of fifteen year may  make a feoff that coke report a er p he can do it by a   a a attorney because  a custom which enable a person disable by the law ought to be pursue and a  infant can do nothing to pass any thing out of he by attorney vide h a and it  will be hard if man in b Leon b prison or sick or beyond the sea can not make  surrender of their land hold by copy for payment of their debt or preferment  and advancement of their wife and child c notam reader this be the first case  that I have know which be adjudge in this point it be resolve that when any  have authority as attorney to do any act he ought to do it in his c godb c  name who give the authority for he appoint the attorney to be in his place and  to represent his person and therefore the attorney can do it in his own name  nor as his proper act but in the name and as the act of he who give the  authority coke a and where it be object that in the case at bar that the  atorneys have make the surrender in their own name for the entry be quod the  same William et Stephanus c up To give back c it be answer and resolve per  totan curian that they have well pursue their authority for first they show  their letter of attorney and then they d roll d authority the dawn per prd  litter altornat that up To give back c which be as much as to say as if they  have say we as atorneys of Thomas comb surrender c and both these way be  sufficient as he who have a letter of attorney to deliver seize say I as  attorney to I S deliver you seize or I by force of a this letter of attorney  deliver you seize and all that be well do and a good pursuance of his  authority but if atorneys have power by write to make lease by indenture for  year c they can make indenture in their own name but in the name of he who  give they warrant but if a man by his will in write devise that his executor  shall sell his land and die there the executor in their own e roll die pl e  name may sell the land for necessity because he who give they authority by his  will which take effect after his death be dead and yet in such case the vendee  be in by the devisor g that the attorney ought to do the act in the name of  his principal Vid more pi roll ab Auth f copyhold h fontin v small Lord raym  white v Cuyler TR contra Parker v kett salk Vid touch provide the act be do in  the name of the principal there be no particular form of word require to be  use thus if opposite the seal be write for a b the principal c d the attorney  the execution be good Wilks and another v back east and where a execute a deed  for himself and his partner by the authority of his partner and in his  presence the court hold the deed well execute although only seal once ball v  Dunsterville TR Vid Harrison v Jackson TR g