case MELWICH against Luther wife Hilary term Elizabeth roll if the lord of a  manor grant the inheritance of all the copyhold within his manor whereby they  be sever yet the custom remain and the grantee shall hold customary court take  surrender make and grant by copy ante post Sedgucere vide infra post S c   cro  James   a   a hob   Ro Abr pale yellow ten term Rep Ejectionefirmce and  declare of a lease make to he by Jo Melwich for twentyone year of three  message and one cottage in Eastworth upon not guilty plead a special verdict  be iven that the tenement of which the ejectment be croak Elizabeth suppose  anddivers other tenement in Eastworth aforesaid be time out of mind c until  first Jan Henry parcel of the manor of Boveridge in the county of Dorset oh f  which manor king Henry be seize in fee and that the tenement of which c and  the other tenement in Eastworth be parcel of the customary tenement of the say  manor and demise and demisable by copy of courtroll by the lord or his steward  to any person for life or life in possession or reversion at the will of the  lord accord to the custom of the say manor and at the same time one Alice  Melwich widow be a copyholder of the tenement of which c for her life and that  upon the say first day of January h the say king by his letter patent didgrant  to Jo Ogden Esq the tenement of which c and the other tenement in Eastworth  and find further that the say Jo Ogden at the same time be seize of a manor  call Harbridge in the county of Southampton and be so seize of the say manor  of Harbridge and of the tenement of which c and of the otherteuements in  rastworth at the court of his manor of Harbridge hold June Edward do grant b  copy the tenement of which c to one Ro Melwich and to the say Jo elwich to  have for their life successive after the death of the say Alice accord to the  custom c and that this grant be upon the surrender of Henry Dowling and  Richard Dowling of a copy in reversion of the say tenement and they be admit  tenant in reversion and find that Alice die and after Ro Melwich enter and die  and that the say Jo Ogden feoff of the say tenement of which c one Morgan  Polden who thereof feoff William Constantine and after the say Jo Melwich  enter and make a lease to the plaintiff and the defendant as servant to the  say William Constantine and by his command eject he and si super totan means c  the case be argue this term by Harris for the plaintiff and by Ewens for the  defendant and it be afterward adjudge fbr the plaintiff for the justice say  although the tenement be divide from the residue of the manor yet the custom  remain and they continue copyholder pay their service and duty c and he which  have the freehold of they may keep a court in any place and it be not proper a  court baron but as a court of survey at which copyhold may he well grant and  the lord or his steward may grant copy out of court as well as in court Edward  brook and a surrender be take and a new copy grant be good in whatsoever place  it he do and it be say if the copyholder die yet he which have the freehold  may grant they by copy again and that it be so hold in the Lord chancellor  hatton case and if they he copyholder of inheritance they may compel he that  have the freehold to accept surrender and make new admittances c a notam here  nothing be speak of the lease for year if it be a forfeiture or not no custom  be find to maintain it notam a writ of error be bring of this judgement in the  exchequerchamber and the error assign in the matter of law but no judgement  give for the party compound and agree with the plaintiff in the writ of error  and he have the land a Cro Elizabeth     light a Mod crio James Inst roll Abr  ld rky comb Mod Bac Abr croak Elizabeth er p as Ewens who be of his counsel  tell I for he say that all the justice and baron in the exchequerchamber do  hold clear croak Elizabeth that it be a void grant by copy for be divide from  the manor the custom to demise they be altogether go and destroy so as the  estate for life which be in be at the time of the alienation of the freehold  of they and severance of they be now determine by surrender or otherwise no  new copy can he make yet the alienation of the freehold of they do not d  estroy the estate of the copyholder then in be but they shall hold they during  their estate pay their service but no new state may he afterward grant by popy  b