ABSTRACT
If we now put back together the two halves of Coke's statement, we have a perfect summary of the long-established legal position: 'A copyholder cannot in any action real, or that savoureth of the realty, implead or be impleaded in any other court but the lord's court for and concerning his copyhold; but in actions that are merely personal he may sue or be sued at the common law. If a copyholder be ousted of his copyhold by a stranger, he cannot implead him by the king's writ, but by plaint in the lord's court. . . . If a copyholder be ousted by his lord, he cannot maintain an assize at the common law, because he wanteth a franktenement; but he may have an action of trespass against him at the common law; for it is against reason, that the lord should be judge where he himself is the party.'18
