coke a PERRYMANS case Trin Elizabeth in the common plea a custom that the  feoff or other alienation of freehold land hold of a certain manor shall be  present at the next court of the manor c and if not that they shall be void be  good a custom that none shall use his common till the lord enter be not good  the reason of pass land by livery be to give notice to the country who be  owner of the land the presentment of the feoff c at the court may be after the  death of the feoff or feoff coke report b er p if a write be deliver as a  escrow to be the party deed on certain condition to be perform afterward the  obligor or obligee die and then the condition be perform the deed be good  custom of ken of lidford castle and of London SC and cro Elizabeth in replevin  between bowyer and Perryman the defendant do avow for damagefeasant in his  freehold and issue take on the freehold and a special verdict be find to this  effect r r seize of the land in fee do feoff diverse person by deed in fee and  die without heir and find a custom in this manner infra manner de Porchester a  tempore pron  interrog  opposite direction c to have consueludo quod si some  to hold some the earth sive tenementor de manor predict tent alienaveri sive  to go away hujusmodi land sive tenementaper scribe sive feoftent ind confect  well per testament suum hujusmodi land sive tenement to hand over sive  legaveri quod tunc hujusmodi transference of ownership concession do seu  embassy fact well ad neighbor cur the same manor to be prsentat prsentari to  become used well ad aliquan cur eusdam manner infra annum post hujusmodi  transference of ownership concession sive feoff gift sive embassy fact well ad  neighbor cur ejusd manor post annum mock tenant et si aliquan ankle  transference of ownership concession c in form prd non prsentat to be tunc  hujusmodi transference of ownership concession c such too little prsentat per  experience maverii that vacuan to be and find that the say land be hold of the  say manor and that the say feoff be not present accord to the custom and  whether this be a reasonable or lawful custom or not be the question and it be  adjudge that it be a a light Rep and lane Biidg Het bridge Bulstr a reasonable  custom but against this custom it be object that if this custom shall be allow  what remedy b Bulst Cr James b if the tenant will not present it a a mandamus  will now be grant to compel they to present it king v Lord Montacute black Rep  king v Bosworth strange a or if the steward will reject the presentment as to  that it be answer by the court that the like objection may be make on a  bargain and sale by deed what remedy if the clerk will not inrol it and in  case of copyhold what remedy if the copyholder will not present a surrender  make out of court et caveat c roll Rep   a c emptor and be at his peril be to  perfect all that be requisite to his assurance and it be not like the case in  h b where a custom be plead that none shall use d Fitzherbert custom Br custom  d his common in such a place till the lord coke b enter with his cattle and  there per totan curian that can be a custom for if the lord will not enter it  be not reason that the commoner shall lose his common b it seem the custom  have be good if a day have be limit for the lord to enter with his cattle vin  ab custom f pl b it be object that once it be a feoff then to say that the  custom of the manor shall divest a estate of freehold and inheritance vest by  solemn livery will be against law to which it be answer and resolve that the  reason of the commonlaw that land shall pass by solemn a blow b a livery be to  give notice to the country who be owner of the land to the intent that none  may be deceive in take of lease and estate and that every one may have notice  who shall be tenant to the prcipe and lord will have better knowledge of their  tenant to have ware escheat c and therefore a custom which fortify the reason  of the commonlaw with great solemnity and notice be good as in this case to  have the feoff open present in open court to the intent that the lord and all  his tenant may take notice and therefore if it be not present accord to custom  then the livery be become void because it want presentment which be part of  the essence of the livery and it be say that there be not plenum a finishing  feoffamentum in this case till presentment make in court accord to the custom  but opus coke report a er p b bridge b begin nonperfectum and yet if the feoff  or feoff c lane Bridgm c die and afterward it be present accord to the custom  it be good as if a man deliver a write d   a   light a Cr Elizabeth roll more  Noy Cr James style hob d asan escrow to be his deed on certain condition to be  perform and afterward the obligor or obligee die and afterward the condition  be perform the deed be good for there be giving up begin in the life of the  party send postea consummate to step out by the performance of the condition  take its effect by force of the first delivery without any new delivery c so  if a woman make a grant when sole and deliver the deed as a escrow to be her  deed upon condition to be perform and before the condition perform she take  husband and then the condition be perform it will be good for after  performance it have relation to the delivery Com dig large d and per Lord  Ellenborough in core v Giblett east after cite Perrymans case the principle be  that a inchoate act which be to be consummate on the performance of a  conditional act require to be first do by the party who be the object of such  inchoate act and where the performance rest whole with such party become when  consummate by the performance on his part of such conditional act a effectual  act for the benefit of the intestate actor by relation from the time of such  his inchoate act do c so in the case at bar when the feoff be present accord  to the custom then it take its effect by force of the livery before and it be  say there be a custom in ken that if the free tenant of a castle do not pay  their rend that they shall lose their land hold of it and that the custom of  lidford castle in the county of Devon be that a freeholder of inheritance can  pass his freehold unless by surrender into the hand of the lord c d estate  hold by copy of courtroll but not at the will of the lord have be deem  freehold estate as well by other as by Lord coke and in order to distinguish  they from the ordinary kind have be denominate customary freehold in  consequence of the prevalence of this notion a considerable number of such  tenant some few year ago claim a right of vote as freeholder at the election  of knight of the shire this give occasion to a short but most excellent  treatise on the subject in which the learned author trace the origin of land  hold in this peculiar way and prove by the most clear and forcible argument  that though these tenor in some respect resemble freehold they be in truth  nothing more than a superior kind of copyhold soon after the publication of  this treatise the doctrine insert in it receive confirmation from a Act of  parliament declare that no person hold by copy of courtroll shall be entitle  to vote at the election of knight of the shire see Blackst law Tr vo Edward  vol p and g c hargrave note   Litt b d and the custom of London be that a  devise of land by will in write be enrol be good for it have great solemnity  add to the will than in other borough where land be devisable and so judgement  be give in the principal case that the custom be good and lawful and this plea  begin hill Elizabeth rot in the common plea