eftate. It was the opinion of the justices in that cafe, That this act of the tenant for life was not a determination or an extinguishment of the copyhold: For although it was a determination of the particular eftate of the copyholder, and that he in the remainder might enter; yet the land remained copyhold as it was before. and Averie's Cafe, Cro. 2 P. 126. The custom of a manor is, That if a copy- 3 Jac. in B. holder in fee dieth feised, his wife fhall hold R. Lamor the land during her life as free bench: the lord enfeoffeth the copyholder of the land. It was adjudged, That the fhould not hold the land for her life as free bench, but it was gone by the purchase. Contrary, if the lord had infeoffed a stranger of the land. 3༠ C. purchased a copyhold from A. lord of the vid. 30 H. 8. manor, to him and his wife and their child for Dyer, acc. their lives: Afterwards A. by indenture granted the freehold to B. for life, rendering rent, and made livery: and afterwards A. levied a fine fur conufans de droit, &c. to C. of the fame lands, who afterwards accepted of the rent from B. It was holden in that cafe, That by the acceptance of the rent from B. the copyhold of C. was destroyed and determined. Note; If a copyholder takes a lease for M. 15 et 16 years of his copyhold lands, the copyhold is Eliz. in Co. B. determined and fo it is, if the lord leaseth a copyhold for years which is efcheated, the copyhold is determined. But if a copyholder purchaseth the manor, the copyhold is not determined, but fufpended, because there is no interruption, but it is able to be granted again, because by the custom it fufficeth that it hath been demifed and demifable. Coke 4 part, SECT. IX. Of forfeitures of copybold, and copyhold eftate; and what atts or things done by the copyholder fball amount unto or be adjudged a forfeiture of the copyholder's eftate, what not. TH HE general grounds of forfeitures of copyholds, or of their eftates are declared in the former part of this treatise, unto which I fhall refer you. That which I fhall now fay is but by way of amplification of those grounds, with fome judgments and authorities in several cafes upon fundry differences. All forfeitures may be reduced unto these heads: Either voluntary acts done to the prejudice of the lord, or negligent or wilful refufal to do and pay his duties and fervices to the lord, which by the laws and customs of the manor he ought to do and perform. Proofs. A copyholder makes a lease either for life Murret's Cafe. or years of his copyhold lands, which is not warranted by the custom of the manor: now although fuch leafe fhall be a good leafe as betwixt the copyholder and his leffee, and he fhall not avoid his own leafe; yet as unto the lord it is a forfeiture of the copyhold and of his eftate, and the lord fhall take advantage of fuch forfeiture, and may enter upon the lands leafed. H.57 Elix. Eaft and Harding's Cafe. Cro. El.$498. So if a copyholder makes a lease of his copyhold for 3 years by word, to begin at Michaelmus or at a day to come; although it is a good good leafe as betwixt the parties to it, yet it is a forfeiture of the copyhold to the lord; and so it was holden Hil. 37 Eliz. in Eaft and Harding's cafe. P. 301. acc. A copyholder of a manor made a leafe of P. 10 Jac. in his freehold lands for 10 years, and, to avoid Co. B. the a forfeiture, made a leafe of his copyhold lands lady Mountague's Cafe, for one year; but covenanted with his leffee, Cro. 2 part, that he fhould enjoy the copyhold lands * de anno in annum, during the 10 years. It was the opinion of the juftices in this case, That because this demife of the copyholder was but for one year, and so warranted both by law and cuftom, and it was but only a covenant on the part of the leffee, that he should hold it for a longer time, that this was no forfeiture, although the lord pretended the fame to be a forfeiture. The lord licensed his copyholder to make a M. 27 Eliz. lease of his copyhold lands for 21 years, to be- in Co. B. by gin at Michaelmas following: The copyholder Ander fon. by indenture made a leafe accordingly; but Moore 184. afterwards, before Michaelmas, he made another lease by indenture to another perfon, to begin at Michaelmas following. It was the opinion of the lord Anderfon chief justice, Mich. 27 Eliz. in Co. B. That the making of this fecond leafe, being without the licence of the lord, was a forfeiture of his copyhold. A copyholder for life hath licence of the M. 15 fac. in lord to make a lease for 3 years, if he fo long B. R. Worlive, and he makes a leafe for 3 years without ledge and such limitation. It was holden to be no for- Bamburie's feiture of his estate in the copyhold, becaufe Cafe, Cro. 2 From year to year. the P. 436. M. 8 fac.in Cafe. the law makes fuch a limitation to the eftate which he makes, that it fhall continue but during his life. But if he had been a copyholder in fee, it had been a forfeiture of his eftate to have made fuch an abfolute leafe, because he had done more than he was licenfed to do by the law. And fo it was adjudged in Hall and Arrowfmith's cafe, which fee in Popham's reports 185. If a copyholder without licence of the lord doth erect a new house upon his copyhold lands, fome opinion hath been, That the fame is a forfeiture of his estate. But I doubt much of that cafe, because the act done is for the benefit and advantage of the lord, and not to his prejudice. Quare of it. SECT. X. Where denial or refufal to pay his rent, fine, or to do his other customs and fervices, fhall be a forfeiture of his copyhold and copyhold eftate, and where not. A Proofs. COPYHOLDER in fee was feised of H. 33 Elix. Crifpe and land rendering rent at Michaelmas and Fryer's Cafe, our Lady-day. The lord at the laft instant of in Moore 350. the day of payment demanded the rent upon the land, and the copyholder was not there, nor any for him, to pay it. It was a question, if his nonpayment of the rent was a forfeiture of his copyhold or not. And the better opinion of the court feemed to be, That it was a forfeiture, because the copyholder was to take peremptory notice of the day of payment of his rent, and his not being there seemed to imply that it was a voluntary denial, or refufal at the leaft, of doing the fame. But quære of it; for it was refolved in another cafe, Tr. 21 Jac. in C. B. That not payment of rent, or Tr. 21 Jac. in of the fine upon admittance to his copyhold, Co. B. was no forfeiture of his copyhold eftate, without there was fome exprefs verbal denial of it, which there was not in this cafe. nor and lord A copyholder feised by force of feveral co- M. 37 Eliz. pies of Black-acre by the rent of 4 d. White-acre B. R. Taver by the rent of 4 d. and Green-acre by the rent Cromwel's of 6 d. denied the rent of Black-acre. In that Cafe, Cro. cafe it was holden to be a forfeiture of that Eliz. p. 353. acre, but no forfeiture of the other two acres, because although they were all in one hand, yet because they were holden by feveral rents, the forfeiture of the one acre cannot be the forfeiture of the other two acres. No fine is either due or payable to the lord, but either upon a defcent, or upon an admit tance, But if fuch a copyholder upon his admittance shall make an abfolute refusal to pay the fine to the lord, the fame is a forfeiture of his copyhold and of his eftate. But there fuch a fine must be reasonable. For if the fine affeffed by the lord be an unreasonable fine, (of which the judges fhall determine) a refufal or denial of the copyholder to pay the same shall be no forfeiture of his eftate or copyhold. Vid. Coke 4 part, 28. in Sands's Cafe. Note; It was refolved by the juftices, That M. 43 Eliz. if the lord demandeth an unreafonable fine of Delton and his copyholder, and he refufeth to pay it, it Hamond's is no forfeiture; otherwise where it is a reafon- Cafe, Moore able fine. If a fine be certain, the tenant is to bring it with him to the court, and to pay it 622. |