clxxxv the executor OF sir William cordel and Clifton case the case be the  earl of Westmoreland seize of a manor whereof the demean be usual let for  three life by copy accord to the custom of the manor grant a rentcharge to sir  William Cordel pro council impendend for the term of his life and afterward  convey the manor to sir William Clifton in tail the rend be behind sir William  Cordel die sir William Clifton die the manor descend to John Clifton who grant  a copyhold to hempston the executor of sir William Cordel distrain for the  rend it be agree by the whole court that the copyholder shall hold the land  charge Windham justice it have be adjudge that the wife of the lord shall not  be endow against the copyholder which periam grant but give the reason of it  for the title f the dower be not consummate before the death of the husband so  as the title of the copyholder be complete before the title of dower but the  title of the grantee of the rend be consummate before the dower Leonard Fenner  conceive that the executor can not distrain upon the possession of the  copyholder and he argue that this case be not within the statute of h of will  for by the preface of the say statute he conceive that the say statute do  extend but to those case for which by the commonlaw no remedy be provide but  in this case the executor by the commonlaw may have a action of debt ergo but  periam and Windham contrary for this statute do intend a far remedy for that  mischief sure not only a action of debt but also distress and avowry see the  word of the statute distrain for the arrearage c upon the land c which be  charge with the payment of such rend and Chargeable to the distress of the  testator or in the seize or possession of any other person or person claim the  say land only by and from the same tenant by purchase gift or descent in like  manner and form as their testator may or ought to have do in his lifetime and  it be move by Fenner that here the say land charge do not continue in the  seize or possession of the tenant and here sir John Clifton be issue in tail  and therefore he do not claim only by the father but per form gift and  therefore he be not liable therefore neither his copyholder Shuttleworth  sergeant contrary that sir John Clifton be Chargeable and be claim only from  they who immediate ought to have pay the rend and the copyholder claim by  purchase from sir John Clifton so he claim from sir William Clifton the tenant  c although he do not claim immediate from he for if the tenant ought to have  pay it and die and the land descend to his heir and the heir make a feoff in  fee the feoff shall be charge within this statute although he do not claim  immediate so where land descend from the tenant which ought to have pay it and  so from heir to heir the statute of r will that all grant c shall be good  against the donor his heir c claim only as heir to beneficiary and use c yet  if beneficiary and use grant a rentcharge and the feoff be seize the grant  shall be good against the seize and yet he do not claim only by beneficiary  and use and although sir John Clifton be tenant in tail and claim per form  gift yet because the estate tail come under the estate of he who grant the  rend he shall be subject to the charge and this statute extend not only to he  who claim by the tenant but also to the heir of he who grant c Leonard er p  and by Windham and Rhodes the copyholder do not claim only by the lord but be  claim also by the custom but the custom be not any part of his title but only  appoint the manner how he shall hold c the possession continue here in sir  John Clifton for the possession of his copyholder be his possession so as if  the copyholder be oust sir John Clifton shall have a assize and so the strict  word of the statute be observe for the seize and possession continue in sir  John Clifton who claim only by sir William Clifton who be the tenant in demean  who ought to pay the rend but Fenner say to that that the seize and possession  intend in the statute be the very actual possession sure foot disposition and  such a possession in which the distress may be take and that can be take in a  freehold without a actual possession Len roll Brownl before dyer more