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THe discents of Copyhold of inheritance are guided and directed by the rules of the Common Law, as well as the creation of Copyhold estates.
If a Copyholder in Fee-simple having issue, a sonne and a daugher by one venter, and a sonne by an other venter, dieth, and the sonne by the first venter entreth and di∣eth; the Land shall discend to the daugh∣ter, Quia-possessio fratris de feodo simplici facit sororem esse haeredem.
But if a Copyholder in tayle, have issue, a
son and a daughter by one venter, and a son by another, venter dieth, and the sonne by the first venter entreth and dieth, the sonne of the second venter shall inherit.
If a man having issue, a sonne and a daugh∣ter by one venter, and a sonne by another venter, the eldest sonne purchaseth a Copy∣hold in Fee, and dieth without issue, the daughter shall have the Land, not the yonger sonne, because he is but of the halfe blood to the other.
If a man hath a Copyhold, by discent from his mothers side, if he die without issue, the Land shall goe to the heires of the mo∣thers side, and shall rather escheate, than goe to the heires of the fathers side; but if I purchase a Copyhold, and die without issue, the Land shall goe to the heires of my Fathers side: but if I have no heires of my fathers side, it shall goe to the heires of my mothers side rather than escheate.
If there be Father, Vnckle and Sonne, and the sonne purchaseth a Copyhold in Fee, and dieth without issue, the Vncle shall in∣herit and not the Father, because an inheri∣tance may lineally discend, but not as∣cend.
If there be three brothers, and the middle brother purchaseth a Copyhold in Fee, and dieth without issue, the eldest shall inherit, because the worthiest of blood.
If there be two Coparteners, or two Te∣nants in Common of a Copyhold, and one dieth having issue, the issue shall inherit, and not the other by the survivership; but other∣wise it is of two joynt Tenants. Should I give way to my Penne, and write of this Theame till I wanted matter to write on, I should make a large Volume in dilating this one point; therefore I will contract my selfe, intreating you to supply by your private co∣gitations, what I have either willingly or un∣wittingly passed over in silence, onely take this caveat by the way.
Though all qualities necessarily incident to estates at the Common Law, are likewise in∣cident to Copyhold estates; yet the Law is not so of collaterall qualities without speciall Custome; and therefore a Copyhold shall be no assets to the heire.
A discent of a Copyhold, shall not toll an entry. A surrender made by Tenant in tayle (admit a Copyhold may be intayled) or by a Baron of a Copyhold, which he hath in right
of his wife shall make no discontinuance, be∣cause these are collaterall qualities, and not necessarily incident.
Thus much of the severall estates of Copy∣holds together with their severall qualities incident to their severall estates. I come now in the first place to examine how Copyhol∣ders are to impleade, and be impleaded.
Co. 4. fo. 22. a.