coke Report21a brown case Michaelmas Elizabeth see Everingham v Ivatt lr Q b  lr Q b in the common plea SC more Leon SC cite send for   copyh S supply S  sand Mod ld raym will will burr t r east Ves Inst b I b z two g sheep touch n  Edward atherley Watk pale yellow Us pale yellow ten Bl Com wood Watk copyh  Watk copyh Cru dig three v sand Us press abstr Chit plead vin Abr aid of the  king h pl asset a pl copyhold a pl g pl W pl e a pl p a pl d b pl e b pl g b  pl p b pl u b pl W b pl f d pl c e pl u e pl courtesy e pl Com dig asset b  biens g copyhold a c d e g h king descent c Bac Abr copyhold a b h l m  courtesy b dower b remainder I see the note and reference infra a copyholder  die leave a son and a daughter by one venture and a son by another venture the  premise be in lease for year by licence the old son die before admittance hold  that the daughter shall inherit not the son hold also saint that though a  copyholder have in judgement of law but a estate at will yet custom have so  establish his estate that it be descendible and his heir shall inherit and so  his estate be not mere ad will domini but ad will domini secundum experience  manor and that since custom have create such inheritance the descent shall be  direct accord to the rule of the commonlaw as in the case of use but it do not  partake of the collateral quality of descent of other inheritance not be asset  nor subject to dower or courtesy without a special f S p vin Abr prohibition b  a pl ED coke report a er p custom nor toll entry by descent cast rd that the  heir before admittance may enter and take the profit and there may be a  possession brother and his surrender be good but without prejudice to the lord  fine the lord may enter on his copyholder for lionperformance of his service  but if he ousts he without a cause the tenant may have trespass alienation by  a copyholder be a seize of the lord and a forfeiture of his estate a  copyholder can have a writ of false judgement on a erroneous judgement against  he but may sue to the lord by petition a surrender may be on condition reserve  rend grant by copy by bishop bind their successor and the king when the  temporalties be in his hand and the grantee may have aid of the king the  admittance of a particular tenant be the admittance of the remainderman but  without prejudice to the lord fine a admittance to a copyhold may be plead as  a grant a copyhold in fee be but a particular estate copyholder in fee by  licence make a lease for year the lessee enter the copyholder have issue a son  and a daughter by one venture and a son by another die the old son die before  admittance it be adjudge that the land shall descend to the daughter of the  whole blood a and in this case three point be resolve per totan curian  although a copyholder have in judgement of law but a estate at will a yet  custom have so establish and fix his estate that by the custom of the manor it  be descendible and his heir shall inherit it and therefore his estate be not  mere ad will domini but ad will domini secundum experience manor b so that the  custom of the manor be the b soul and life of copyhold estate for without a SC  S p cite send for   copyh S supply S pale yellow ten Cru dig vin Abr copyhold  d b pl Com dig copyhold d descent c you Bac Abr copyhold b for the possession  of the termor be the possession of the heir dyer b Acc vent Mod pale yellow  ten Cru dig the law be the same of a guardian   copyh dyer cro car roll Abr  Dall Forver v wade bro c c Cru dig but in the case above propose if the lease  have be determine live the son by the first venture and afterward he have die  before any actual entry make the law it seem will have be otherwise because  there be a time when be may have lawful enter   copyh S see pale yellow ten  and if the lord by custom demise to a stranger during the minority of the heir  the possession of the stranger will not cause the sister to inherit dal Com  dig copyhold d ED a   a light sect   b   b Cr car hetl post b   light b   a    a more Yelver b Acc will pale yellow ten Cru dig vin Abr copyhold a Bac Abr  copyhold a ante two b oh and the reason of this say Gilbert seem to be because  upon copyhold estate villain service be usual reserve and they be give to  villain therefore no other estate can be grant to they but at will for  otherwise they will have be enfranchise as it seem but to prevent the frequent  end of these estate they grant they in fee but yet at the will of the lord and  accord to my Lord coke notwithstanding such grant they be entire at the will  of the lord who oust they when he please without any reason which be a very  great inconvenience it seem it be alter by some positive law though that do  not appear which preserve their estate to they do their service but yet leave  they as it find they to have estate only at will ten as to the nature and  origin of copyhold in general see ante two a n l n and the book there cite  post   Inst a I a roll Rep wright ten reev hist Bl Com wood Sulliv chosen  twentyfive Watk copyh dougl Cru dig ED b Hetly post b wood coke report b er p  custom or if they break their custom they be subject to the lord will and by  custom a copyholder be as well inheritable to have his land accord to the  custom as he who have freehold at the commonlaw for c custom be alteran law  custom and usage from time whereof c may create and consolidate inheritance  for d custom bind common feature law and copyhold estate be of great antiquity  for Bracton who write in the time of the reign of king h write of they lib cap  where he say si ipse ad other transfer volveri prius mock to set up again lord  well to be a servant id be seneschallo manor si dominus feel or perceive  beforehand non to be et de shades of dead lorum fiat transportation ad other c  because that non to have power to bear cum book property non to have et eoden  scales folio et always in hujusmodi socagiis custom loci be observanda year e  who be the son of h by the stat call e make even manor there it be say  inquirend be de book to hold whoever c inquirend be etian de custumariis  videlicet quot are custumarii et quantum terrae coke Report21b who custumarius  to hold who need quas consuetude to make et quant need et consuetude cujuslib  custum to be strong per and et quant return de return assisae per and praeter  need et consuetude who to be able talliari et who non ad will domini by which  it appear that the whole parliament esteem of they as of customary tenant that  their rend be account parcel of the rend of assize that some of their custom  within some manor be arbitrary at the lord will a as fine incertain c and that  within some manor their custom be certain and all that as custom have allow c  e a b the lord bring a action of trespass against his copyholder who plead not  guilty the jury give a special verdict that the copyholder have not do his  service by which he break the custom of the manor for which reason the entry  of the lord be adjudge lawful and that he shall have the corn then grow d  which prove that he enter for the forfeiture and can not put he out without  cause e so e Tresp if a copyholder make a alienation it be a seize to the lord  and a forfeiture of his estate f c   light b Carth d   light b post b   light  a bract lib c e   light a a   light b a post b c what fine be due to the lord  see Hubbard v Hammond post   b and the note there ED roll   light a Cru dig  Com dig copyhold king d S p pale yellow ten Com dig biens g for the  nonperformance of service the lord may either distrain or seize the land Noy  Watk Copy when a denial of service be a forfeiture Watk copyh three Cru dig  Bac Abr copyhold l Com dig copyhold m ED e S p Inst b b ante   and the dote ib  post   b cro Elizabeth roll Abr roll Rep Bulst Com dig copyhold a Bac Abr  copyhold a l and if the lord disturb he in his possession contrary to the  custom he may maintain a action of trespass against he Inst b b Edward e post    a ante two p a d n ED f S p light sect I Watk pale yellow ten and d LXIV  LXIX Watk copyh Cru dig thus if he make a feoff with livery light S levy a  fine do d Tarrant v hellier t r or make a lease for more than one year without  a licence Inst a though by parole only east v Harding more cro Elizabeth or to  commence in going to be S c or if he exceed his licence as by demising for  three year when he have a licence to demise for two year only Jackson and Neal  cro Elizabeth it will be a forfeiture of his estate but in order to work a  forfeiture a commonlaw interest must actual pass for a feoff without livery a  bargain and sale or lease and release by a copyholder be no forfeiture see  Inst a I and p ib Watk pale yellow Watk copyh so also a lease by a copyholder  for one year and so from year to year be a forfeiture it be otherwise of a  lease for one year with a covenant that lessee shall enjoy for another year c  Inst a I coke report b er p r faux judgement it be there adjudge that where a  heir of a copyholder recover in a plaint in the nature of a assize of  mortdancester in the court of the bishop of London of his manor of Stepney in  Middlesex the tenant bring a writ of false judgement returnable in c b which  writ of b false judgement do not lie in that case but there it be say that he  have no other remedy but to sue to the lord who have the freehold by c  petition and he may if there be cause reverse the judgement g by which it  appear that the heir of a copyholder be inheritable accord to the custom and  shall recover by plaint in nature of a assize of mortdancester but it be true  that Charleton there say that he shall not have a assize against his lord as  tenant in ancient demesne shall have because he have not the freehold h as  Bracton say d h a a copyholder bring a action of trespass for break his close  and cut his tree and the defendant plead not guilty the jury find the  defendant guilty and assess damage and the plaintiff recover I h a copyholder  may surrender to the use of another reserve rend with condition of reentry for  nonpayment and for default of payment may reenter king h h if a bishop grant  customary land by copy and die the copyhold be not determine by his death l  for he be lord pro Bulst or if the further term be make subject to the lord  licence do d nun v Luffkin east Luffkin v nun Ves n r do d wood Bart v morris  taunt Fenny d Eastham v child maul and Selw Watk pale yellow ten but though a  promise or covenant to demise will not amount to a forfeiture it be necessary  that a interest shall actual pass yet it be not requisite that the lessee  shall enter more Watk qof ED b   light a c   light b light sect postea b Cru  dig and see n g infra g S p Inst a more f n b post   b Cas par vin Abr  copyhold a pl Bac Abr copyhold m Com dig copyhold p l or such judgement may be  reverse by a bill in chancery lane roll Abr but a bill exhibit in chancery to  compel the lord to receive a petition for reverse a common recovery be dismiss  vern and the dismission affirm in the house of lord for common recovery not be  adversary suit but common assurance equity ought rather to supply defect than  assist in annul they show p c where the king be lord the tenant may be relieve  by bill or petition to the king in the exchequer Chamber roll Abr lane the  right of copyhold estate may be try in a action of ejectment coal v wall Leon  cro Elizabeth   copyh S Tr wood in what case a copyholder may sue at law see  Inst I   copyh baker v Wich salk Watk pale yellow ten ED h the freehold remain  in the lord even of estate hold accord to the custom of a manor send for Inst  sect a b I and n e ib two Bl encamp on copyh trust Bl Com Stephenson v hill  bar Burrell v Dodd Bos p do d cook v Danvers east brown v Rawlings east Watk  pale yellow ten Watk Desc Watk copyh Cru dig ante two b two oh ED yet quaere  if tenant in ancient demesne who be only the king villain can be say to be a  freeholder note to the former edition d Fitzherbert Tresp Br Tresp Br ten per  Copy S p wood Com dig copyhold king so the copyholder may have trespass  against his lord for cut his tree or for enter to bear for i c unless  authorize by custom see bourn v tailor east grey v duke of Northumberland Ves  Ves player v Robert W Jones Whitchurch v Holworthy m S cite ante I p a n n ED  king S p roll Abr Watk copyh vin Abr copyhold e a pl Bac Abr copyhold h ED l S  p h foe a post   b pale yellow ten Watk coke report a er p tempore and this  grant shall bind the king and the grantee the temperality be in the king bare  shall have aid of the king m coke Report22a e a Danby chief justice say that a  copyholder be as well inheritable to have his land accord to the custom as he  who have a freehold at the commonlaw e b b Brian say that his opinion always  have be and ever shall be that if such tenant by the custom pay his service be  eject by his lord that he shall have a action of trespass n c h a pound h a b  a bishop grant land by copy and die the temporalties come into the king hand  the copyhold estate stand and he shall have aid of the king oh h tenant per  copy brook the heir of a copyholder tenant in tail shall recover in a e  formedon in the descender p by all the justice by which case it appear that  the judge in all succession of age have allow copyhold estate to be establish  and sure by the custom of the manor and descendible to their heir as other  inheritance be it be resolve when custom have create such inheritance and that  the land shall be descendible then the law will direct the descent accord to  the maxim and rule of the commonlaw Q as f incident to every estate  descendible because copyh Cru dig vin Abr copyhold g pl wats burn  ecclesiastical l Bac Abr copyhold f Com dig copyhold c for bishop and other  ecclesiastical person be not restrain by t be stats pound Elizabeth from make  grant of copyhold land in fee c accord to the custom of the manor and no  confirmation be necessary to such grant though make by a sole corporation as  to what person may make grant in general see post   b and the note there ED m  S p seven Abr aid of the king h pl Com of copyhold c ED a   light b a light  see   b Leon b Leon light sect   light b a n S p pale yellow ten wood Cru dig  Com dig copyhold a Bac Abr copyhold a ante two p a n n sup d ED c Fitzherbert  aid de Ro Br aid de Ro oh see ante I p a n W and the book there cite ED e roll    light a b   Cr car Popham p that where there be a custom of entail copyhold  the estate have all the quality of a estate tail ante   and n g ib ED f post a  Q S p   copyh S Inst I z pale yellow ten wood Cru dig Com dig copyhold d vin  Abr copyhold c e pl Bac Abr copyhold b thus where land will at commonlaw  descend to the issue of the old son jure representationis they will by the  custom of borough English descend upon the issue of the young and by the  custom of gavelkind upon the issue of any of they clement v Scudamour ld raym  p wms Godfrey v bullock roll ab and where a copyhold estate have be derive  from the mother side it will go to the heir on the part of the mother smith v  trigg stram unless the copyholder depart with it and acquire a new estate by  purchase so as to alter the descent see post     copyh S so we have see the  rule respect the halfblood take place in the descent of copyhold ante p a and  n a ib by special custom however the descent may be different to the rule of  the commonlaw as by the custom of borough English to the young son c Kitch a  Com dig copyhold king but in such case it must be strict prove therefore a  custom that where there be no son or daughter the land shall descend to the  old sister be hold not to entitle by implication the old niece for if the  custom be not full explicit the commonlaw must regulate the course of descent  den v spray I t r the heir at law of a copyholder however be not compellable  to accept the inheritance unless be choose to do so p wms atk pale yellow ten  and although copyhold be descendible yet they do not in other respect partake  of the nature of freehold estate of inherit coke report a er p quod tacit to  come to know deess non to see as e b when use have gain the reputation of  inheritance descendible the commonlaw direct the descent of they and that  there shall be possession brother g of a use r as well as of other inheritance  at the commonlaw but it be resolve that such customary inheritance shall not  have by the law a other collateral quality which do not concern the descent of  the inheritance which other inheritance at the commonlaw have S and therefore  such customary inheritance shall not be asset t to charge the heir in a action  of debt on a bind make by his ancestor although be bind himself and his heir  neither shall the wife of such customary tenant be h endow u nor shall once  and therefore they be not asset at law nor in equity either for specialty debt  or debt to the crown infra I p wms n Ves press abstr nor be they subject to  dower or courtesy without a special custom nor will a descent of they take  away a entry infra that copyhold estate be regulate by the rule of the  commonlaw as to grant surrender and estate in remainder unless there be a  special custom to the contrary bunting v Lepingwell post   a clampe v clampe  cro Elizabeth simpson v southern cro James Bulst fisher v Wigg I p wms idle v  cook ibidem stone v stone atk wade v Bache sand Cru dig copyhold d ED g   a b  raym dyer b a pl Br descent Plowd a Bac read on h c p Fitzherbert sub and   b  and   light b r Lord Bacon call this a vulgar opinion observe that it mean  nothing more than that the chancellor will consult with the rule of law where  the intention of the party do not special appear Us but the rule be clear  establish in chancery yearbook Edward b ante   a b n p Inst b dyer Plowd pale  yellow Us rd edit sand Us ED S S p pale yellow ten Cru dig Com dig copyhold e  Bac Abr copyhold b and see n Q sup ED Poph t SC S p cite send for sand e Inst  I z I Watk qof Cru dig vin Abr asset a pl Com dig asset b copyhold e Bac Abr  copyhold b and see Ch Cas salk pl sup n Q ED h Bulstr post b   light a side  Poph hob sand Inst b I and n b ib pale yellow ten Bl Com Watk copyh Cru dig  press abstr Com dig copyhold e Bac Abr copyhold b dower b u unless by custom  in which case it be usual call free bench Bl Com Cru dig and it be hold that  the wife shall have the benefit of the law which be make for the recovery of  dower in case of freehold and therefore shall recover damage within the stat  if Merton Inst a I shaw v Thompson more pl post   b pale yellow ten Watk Cop  Bac Abr dower b but if she be not entitle to dower by custom and yet bring a  writ of dower the heir may plead that her husband ne unques seisi and dower  and give the special matter in evidence Bac Abr dower b sand Com of g copyhold  king as free bench can only be claim by virtue of a special custom where such  custom exist the nature and extent of the wife interest must be such as the  custom prescribe in general the title of free bench do not attach unless the  husband die while tenant Benson v Scott lev Salisbury d cook v hear Cowp Mod  Ves atk the king v the inhabitant of lopen t r brown v Raindle Ves and  therefore any alienation by he alone to take effect in his lifetime whether it  be by surrender in court by forfeiture or in consequence of enfranchisement  defeat the widow of her free bench I Freem cro James Watk Cop so if the  husband surrender and die and afterward the surrendee be admit the wife shall  not have her free bench Benson v Scott sup and a lease for year by the husband  with the licence of the lord Salisbury v hear sup or a contract by the husband  for alienation be a bar coke report b er p the husband of a woman inheritrix  of such estate be tenant by the courtesy wonder nor shall a I descent of such  estate toll the entry of he who have a customary right to it et such de the  other for as without custom such estate at will can be descendible so without  custom it can have any king collateral quality or incident to other  inheritance at commonlaw for copyholder have estate of inheritance secundum  quid that be to say to be descendible by custom to their heir and not to be  determine by their death nor subject to the lord will as other estate at will  be but they be not estate of inheritance simpliciter know to all other  collateral quality but such as custom have allow or be incident to they X coke  Report22b it be resolve that where the customary estate of inheritance descend  to the heir a before admittance he may enter and take the profit that and  there shall be a b possession brother before admittance on a actual possession  z as in the case to the widow Hinton v Hinton Ves sen atk brown v Raindle sup  and she be not allow her free bench of a copyhold trust estate Goodwin v  Winsmore atk but the widow be entitle to her free bench in copyhold land  surrender to the use of the husband though he never may have be admit thereto  Vaughan d Atkins v Atkins burr pale yellow ten Watk Cop press stand at a  distance and a devise be no bar of free bench any more than of dower at  commonlaw unless it be express to be in satisfaction of dower in which case  the widow be put to her election ware v ware Ambl ED cro Elizabeth hut more  Bulstr post b and roll Rep W S p poulter v Greenhill cro Elizabeth rivet case  post b pl Bulst hut pale yellow ten Watk copyh Cru dig press stand at a  distance vin Abr courtesy e pl Com dig copyhold e Bac Abr copyhold b courtesy  b as to courtesy by special custom see rivet case post b n a ED I post a cro  James see n Q sup king hob X S p   copyh pale yellow ten Bac Abr copyhold b  and see n Q sup ED a roll die pl lane Poph Cr Elizabeth Cr James blow b Yelv  Brownl ld raym vin Abr copyhold e b pl you S p clarke v Pennifather post   b  dougl sheep touch n Edward Ather pale yellow ten wood Watk copyhold Cru dig  vin Abr copyhold d b pl b pl Com dig copyhold d so in another place Lord coke  say the heir be tenant by copy immediate on the death of his ancestor not to  all intent and purpose for peradventure be can be swear of the homage neither  can he maintain a plaint in the lord court before because till then he be not  complete tenant to thelord no furthermore than the lord please to allow he for  his tenant so that to all intent and purpose the heir till admittance be not  complete tenant yet to most intent especial as to stranger the law take notice  of he as of a perfect tenant of the land instant upon the death of his  ancestor for he may enter into the land before admittance take the profit  punish any trespass do upon the ground surrender into the hand of the lord to  who use he please satisfy the lord his fine due upon the descent and by  estoppel be may prejudice himself of his inheritance and to the same effect  see post   b east Bl Com Watk Copy ED b more Poph roll Bulstr z Acc Inst b two  dyer b roll Abr Leon more Mod vent dalis Goodtitle d Newman v Newman will pale  yellow ten Watk copyh Watk Desc vin Abr copyhold c e pl Com dig descent c Bac  Abr copyhold b ante p a n a for it be the entry and not the admittance which  make a possession brother of copyhold Watk Desc n n fox v smith Freem ED coke  report b er p at bar and such heir may surrender to the lord to the use of  another before admittance a as any other copyholder may but it can prejudice  the lord of his fine due to he by the custom of the manor upon the descent b  and he be a tenant by copy of courtroll for the copy make to his ancestor  belong to he c as the c admittance of a tenant for life be the admittance of  he in remainder to vest the estate in he but shall not bar the lord of his  fine which he ought to have by the custom d and although it be object that  every admittance of a heir upon a descent amount to a d grant and so may be  plead and therefore nothing shall vest in the heir before admittance to that  it be answer and resolve that true it be that after admittance the heir may in  plead allege e it as a grant and that have be allow to avoid the inconvenience  which will otherwise ensue for if the copyholder shall in plead f be compel to  show the first grant either it be before time of memory and then it be not  pleadable or within tine of memory and then the custom fail and therefore the  law have allow the copyholder in plead to a that the heir before admittance  may surrender to another because he have a legal estate and interest in he ace  cro James Yelv Brownl sty lev pale yellow ten Watk copyh Selw n vin Abr  copyhold W pl p a pl g b pl Com dig copyhold d Bac Abr copyhold g but if a  surrender be make to the use of a stranger be can before his own admittance  surrender to the use of another Yelv Brownl t r nor to the use of his will do  d Blacksell v Tomkins east the surrender continue tenant to the lord id ibidem  do d show v Arvot east smith though if the lord accept the surrender of the  beneficiary and trust it may be a imply admission on the first surrender see  Watk pale yellow ten holdfast v Clapham t r so a surrender by a heir apparent  in the lifetime of his ancestor who he survive will not estop his heir from  claim against the surrendee Goodtitle v Morse t r and see Morse v falconer and  other I Anstr do d Blacksell v Tomkins east ED b Acc burr pale yellow ten Cru  dig vin Abr copyhold p a pl g b pl Com dig copyhold d h and see as to fine due  to the lord post   n ED c SC S p cite send for east ED c Cr Elizabeth vent keb  Mod Rep Brownl more roll   a Noy ld raym vin Abr copyhold u e pl a admittance  to a copyhold may be plead as a grant d by the general custom of copyhold the  admittance of a particular tenant be a admittance of the person in the  remainder to all purpose except the lord fine where there be a custom for two  several fine see Auncelme v Auncelme cro James Blackburn v Graves I Mod  Warsopp v Abel Mod keb vent lev burr do d whitbread v Jennings east Ves sheep  touch n Edward Ather pale yellow ten Watk Copy Cr dig Selw n vin Abr copyhold  p b pl Com dig copyhold g Bac Abr remainder I and though the particular tenant  be only tenant for year yet his admittance be a admittance of the remainder  man for the particular limitation and remainder over form but one estate in  law id ibidem but if a copyhold be surrender to one for life remainder to  another in fee if the lord be entitle to have a fine from the remainderman  there be occasion for a new admittance Gippen v Barney more and a custom that  a remainder man come into possession on the death of tenant for life shall be  admit and pay a fine be good do d whitbread v Jennings sup in what case one  admission and one fine shall serve for several person or not see post   n ED  Ventr d winch Cr James e Doct plan l ld raym and see n e infra f Doct plan vin  Abr u e pl coke report b er p allege any admittance as well upon a descent as  upon surrender as a grant e and yet he may if he will allege the h admittance  of his ancestor as a grant I and show the descent to he and that he enter and  well without any admittance of he f but the heir can king plead that his  father vas seize in fee at the will of the lord by copy of court roll of such  a manor accord to the custom of the manor and that he die seize and that it  descend to he for in truth such interest be but a particular interest at will  in judgement of law g although it be descendible as have be say by custom for  he be a tenant at the will of that lord accord to the custom of the manor  notam reader all these resolution and opinion have be confirm and adjudge as  appear by the case follow