case rowden against maltster Trinity term James roll if a copyhold be  surrender to the use of a last will and devise to a in tail who after issue  bear surrender to his wife for life and there be no custom to entail such  estate a shall take a fee conditional and the surrender to his wife be good  the condition be perform by the birth of issue S C godb roll ab   light note  sand lev atk to atk vezey   copyh sect   Bl Rep Bl Com burr will strange  copyhold be include within the general word of a statute land tenement and  hereditament when no prejudice thereby ensue to the lord   lev Savil Dalison  Inst Carth Com dig copyhold be not within the general word of a statute that  alter the service tenure custom or interest of the land and therefore a  jointure make of copyhold land be no bar to dower within the statute Henry c  Inst   a copyhold can be entail by virtue of the statute de gift only custom  must cooperate with the statute   light a b   Carth cro Elizabeth lev Mod atk  term Rep a fine can be levy of copyhold land to bar the entail       light  neither a estate tail nor a estate after possibility c can be create by custom  trespass for enter into land in Menewden upon not guilty plead a special  verdict be find that George sterling a copyholder in fee of the manor of  Menewden in Elizabeth surrender it into the hand of two of the tenant of the  say manor to the use of his will and have issue two son John and Henry and  devise the say copyhold land to John and the heir male of his body the  remainder to Henry and the heir male of his body with remainder over and  afterward die this surrender be afterward in Elizabeth present by the homage  and John the old son admit thereto habendum to he and his heir afterward John  have issue three son and surrender the same to the use of his will and thereby  devise it to Katherine his wife for her life and die and in Elizabeth the  surrender be present and she admit afterward the three son of the say John die  without issue and they further find that no copyholder may surrender or devise  his copyhold land in tail and that afterward the say Katherine marry I S who  let to the plaintiff for a year who enter accord and the defendant by the  command of Henry oust he et si super totan means c the sole question be when a  copyholder in fee surrender to the use of one in tail there be no custom to  warrant such a entail whether it be a estate tail by the statute of  Westminster de gift conditional or a feesimple conditional at the commonlaw it  be argue at the bar and after solemnly at the bench because it be a general  cause and may concern diverse copyhold Yelverton the puisne justice hold that  it be a estate tail by the equity and intent of the statute de gift  conditional although it be not within the express word thereof for in all  statute make for the good of the commonwealth and wherein no prejudice accrue  to the lord or tenant by reason of the alteration of any croak car er p croak  car interest service tenure or custom of the manor there the general word of  such act of parliament do extend to copyhold land a as the statute of Merton c  which give damage to a feme covert upon a recovery in a writ of dower where  the baron die seize extend to copyhold and the statute of Westminster c and  the three several branch of that statute the one which give the who in vita  upon a discontinuance make by the husband the second which give the receipt to  the wife upon her husband refusal to defend the wife title and the three which  give a quod ei deforceat to particular tenant extend to copyhold and the  statute of Henry c against champerty and buy of litigious title and hell c  which give a entry in lieu of a who in vita extend to copyhold because these  statute be beneficial to the commonwealth and not at all prejudicial to the  lord in the alteration of tenure estate service c as the case cite in   prove  b and from whence he infer the same conclusion that this statute de gift  conditional be make for the general good of all and the extend it to copyhold  be no way prejudicial either to the lord or tenant and therefore they be to be  intend within the equity and meaning thereof otherwise a formedon in descender  will not lie of a copyhold which none can have but tenant in tail and a  remainder limit upon such ail estate have be allow and therefore be no fee  conditional for neither upon a fee absolute or conditional can a remainder in  tail by any mean depend and as to that objection that a copyholder in fee can  hold of the donor but must hold of the lord he say that he may well hold of  the donor as   sir Henry Nevil case b where we find that a manor be hold by  copy of court roll and have other copyhold under it to hold thereof and by the  same reason tenant in tail of a copyhold may hold of his donor and he shall  hold over of his lord and as to the objection which be make that if a estate  tail shall be allow in copyhold there will be a perpetuity maintain so as it  can not be cut off he say it may be cut off by a recovery in the court of the  manor as the yearbooks be in Henry brook recovery in debt and Henry pl and  hell pl and Plowd and he say he know no reason but a copyhold may as well be  entail as title of honour which concern the person of a mail or a villain or  liberty of franchise and if copyhold may not be entail it will deprive they of  one of those privilege which any man who have a inheritance ought to have  videlicet where a gift be to he and the heir female of his body if he have a  son his daughter shall not inherit and for that he vouch Henry do and say  there be many precedent and authority that copyhold may be entail and cite  Litt fol S Plowd Manxells case fol Henry tenant ill tail by Copy of court roll  et year nariae dyer and the old book of entry where be two precedent the one  in Henry the other in Henry croak car but on the contrary it be argue by the  three other justice Hutton Harvey and myself that this be not a estate tail by  the statute of Westminster the second de gift conditional but a feesimple  conditionalat the commonlaw and then the plaintiff have a good title and that  the surrender to the use of his wife for life be after issue have shall give  to her a estate for life and be good as well against the donor as his issue  for when a Act of parliament alter the service custom tenure interest of the  land or other thing in prejudice of the lord or tenant there the general word  of such a Act shall not extend to copyhold a as the statute west c which give  the elegit extend not to copyhold land because it will be prejudicial to the  lord and a breach of the custom that any stranger shall have interest in the  land hold by copy without the admittance and allowance of the lord and the  statute of Henry c of use touch not copyhold b because the transmutation of  possession by the sole operation of the statute without allowance of the lord  will tend to the lord prejudice and the statute of Henry c and Henry a Inst    a lev strange pale yellow ten b copyhold be within the statute of limitation  more ld raym strange a   a more stram ld ray pale yellow ten salk Mod Bac Abr  hark   light a note b Mod Cowp dougl croak car er p c whereby jointtenants and  tenant in common be compellable to make partition extend not to copyhold c and  the statute Henry c which confirm lease for twentyone year make by tenant in  tail or by the husband and wife of the land of the wife touch not copyhold  land d for that statute warrant only the lease of such land as be grantable by  deed but such be not copyhold land for though by the lord licence they may be  demise by indenture yet in their own nature they be demisable only by copy and  therefore out of the general purview of that statute and for the same reason  the statute Henry c which give a entry to the grantee of a reversion upon the  breach of a condition by the particular tenant touch not copyhold so here in  this case we hold that the statute west c of intails do not extend to copyhold  because it will be prejudical to the lord for by this mean the tenure will be  alter for the donee in tail without any special reservation ought to hold of  the donor by the same service that the donor hold over and he who come in by  surrender and the admittance of the lord to hold to he and the heir of his  body can hold of he who surrender but shall hold of the lord and be tenant at  will unto he and shall do the service to he as lord vide Edward pl Henry pl  Edward pl Edward pl second we hold that in respect of the baseness of their  estate the statute never intend to provide remedy for they nor their  alienation for the word of the statute be quod will a giver in paper svan  manifest to press out de the other to watch which prove that the intent of the  maker of the statute be that no croak car hereditament shall be entail within  this statute but such as either be or may be give by charter or deed but  copyhold be no such hereditament and therefore not within the meaning of that  Act and for that be cite Litt fol Henry pl Henry pl Henry pl Richard faux  judgement Henry pl Edward pl Edward pl   and we also hold that copyhold can  not be entail because copyholder at the time of make the say statute and for  diverse year after be only tenant at will of the lord and the lord may have  oust they and they have no remedy unless in chancery three if copyhold may be  entail then the perpetuity of such estate must be maintain for a fine can be  levy of copyhold land to bar the entail nor can a recovery in value be intend  of such a estate where warranty can be annex to it also many other mischief  will ensue thereupon as well to the lord as to the copyholder themselves for  then the tenant can not provide for their wife and child nor make lease to  other for year to bind their issue with the lord licence and lord will lose  the wardship of their tenant in such manor where by custom they belong to they  and there will not be so often change of tenant as before whereby lord will  lose their fine last we hold that neither estate tail nor estate tail after  possibility of issue extinct which have a necessary dependence upon a estate  tail can by any particular custom be allow for no estate tail be before the  statute de gift but all inheritance be either feesimple absolute or  conditional and the statute be make Edward which be within time of memory no  custom can have commencement since then for then a custom may begin within  time of memory which be repugnant to the rule of custom and in proof thereof  be cite Henry pl     and in answer to the authority vouch we say there be none  which mention copyhold land to be either within the word of the statute de  gift or within the equity thereof beside Plowden in Manxells case and that the  general current of opinion in all our book be that a estate in copyhold land  limit to a man and the heir of his body be a feesimple conditional at the  commonlaw and so Littleton and the case there cite ought to be intend and  agreeable hereunto be the resolution in Lord coke Rep Heydons case and Rep  whereupon fit be adjudge for the plaintiff c Bac Abr d   Copy   light   lev  croak car er p