Jurisdictions, Part 109
Forfeiture of Copy-hold.
WHere a Copy-holder of Inheritance according to the cuſtome of the Mannor, is out-Lawed in an action perſonall, as in Debt, or other Action perſonall, he ſhall not forfeit the profits of his Copy-hold to the King, for that, that he hath but an Fſtate at the VVill of the Lord, and the Free-hold is in the Lord, but where a copy-holder is attaint of Felony or Treaſon, the Lord ſhall ſeiſe the Copy-hold as forfeit to him, and not to the King, notwithſtanding where one holds by Charter and is out-Lawed in Action perſonall, the King ſhall have the profits of that Land, 9 H. 6. fol. 20.
But if he make a Feoffment after he is out-Lawed, then the Feoffee ſhall have the profits, 21 H. 7. fol. 7. accordingly: Yet it is otherwiſe as is aforeſaid, where a copy-holder is out-Lawed in a perſonall action.
If one by an Indenture, bargain and ſell all his Lands, Tenements, and Hereditaments, in D. and Inrol tha… accorcording to the Statute of 27 H. 8. C. 16. and hath in D. Lands held by Charter, and other Lands by copy, and after levy a Fine, and ſuffers recovery of that accordingly; yet the copy-hold is not forfeit.
The ſame Law if a copy-holder hath ſo much Land in D. held by copy, and makes a Feoffment of all his Land in D. and makes no Livery, this is no forfeiture, for the Feoffee is but Tenant at will, the ſame Law is, if the copy-holder let to one for life, and makes no Livery, it is no Forfeiture.
The ſame Law is, if one enfeoff J.S. by Deed of all his Lands, Tenements, and Hereditaments, in D. and holds in D. part by Charter, and part by copy-hold, and makes Livery of that held by Charter, theſe other Lands held by copy are not forfeit, but if he make Livery in any part held by copy, there is forfeiture of all his copy-hold in D. expreſſed in the Deed.
But if one hath in D. certaine Lands in Socage by Charter, and certaine other by copy, and deviſe all his Lands, Tenements, and Hereditaments, in D. this is no forfeiture of the copy-hold there.
It is ſaid that a copy-holder cannot alien by Deed, and for that ſome collect if A. let copy-hold without Deed for yeares that, it is no forfeiture, Littleton fol. 15. Yet inquire.
And Littleton fol. 45. is, Where Lord lets to his Villain by Deed for yeares, he is made free, and without Deed it ſeems he is not made free, and, 24. Ed. 3. in Villainage after, by Wilby without Deed is no infranchiſement by Leaſe.
And ſo ſome ſay that a Leaſe by copy-holder by Deed for yeares, is forfeiture, and where it is without Deed, proving the Leaſe, it is no forfeiture, yet inquire, but if it be not a perfect Leaſe by word for yeares, but by words of implication, and gives no Fine nor other conſideration, and the copy-holder gainſay that Leaſe, when it comes in queſtion in the Lords Court, this ſeems no forfeiture; alſo if a Stranger makes waſt, as in cutting Trees growing upon the copy-hold, where by the cuſtome of the Mannor, the copy-holder cannot make waſt, that is no forfeiture, the ſame Law is, where a copy-holder by licenſe of his Lord, hath let for yeares to J.S. which makes waſt, this is no forfeiture of copy-hold of Inheritance,
Alſo if one within the view of copy-hold, ſaith to one, I will not out you, during your life, or within the copyhold, he ſaith, I am content that you ſhall have my copyhold Land for tearme of your life, or lets to him for life, without Deed, and without Livery upon the Deed, it is no forfeiture.
Where one hath a Rent-Seck, if the Tenant upon demand, deny to pay it, or if the Tenant be not then ready to pay, this is a denying, which is Diſſeiſin, but if the copy-holder do not deny to pay his Rent upon demand, though he hath no Money ready to pay that, and ſo doth not pay that, is no forfeiture, Lit. 51. See, 42 Ed. 3. fol. 25.
If a copy-holder be in priſon divers yeares, and by that meanes comes not to make ſuit at divers Courts, but is abſent, yet this is no forfeiture of his copy-hold, the ſame Law is, if his Rent be demanded upon the Land, and he is in priſon in the Goal, this is no forfeiture; the ſame Law is, if he be hindred by infirmity, or by ſtop of Waters to come to the Lords Court, or to pay his Rent; it is no forfeiture.
The ſame Law is, if he be much in Debt, and in feare to be arreſted, or if one be bankrupt, and keep his Houſe, and doth not come to the Lords Court, but makes divers defaults, theſe are no forfeitures of their copy-holds.
But if he deny to come to the Court of the Lord, this is a forfeiture of his copy-hold.
But if the Lord claime a Fine, cuſtome, or ſervices, which is in doubt, whether due or not, and the Tenants pray the Lord that the Homagers may inquire if it be due or not, and ſaith, if it be found by the Homagers upon their Oath, that they are due, or if there can be Preſidents ſhewed, that it is due, he will pay it, this is no forfeiture of his copy-hold.
If twelve are aſſembled againſt the form of this Statute, then if any copy-holder, being a Yeoman, Handy-craftsman, Artificer, Husbandman, or Laborer, and being of the age of eighteen yeares or more, and under forty years, not Impotent, Lame, Maimed, nor having reaſonable excuſe, and being required to ſerve the Queen, for any the cauſes in the Statute, and refuſes, he ſhall forfeit his copy-hold during his life, 1 Marie chap. 12.
If a copy-holder in Court-Baron will ſay to his Lord, that he extorts, and exacts Fines, and Services not due; or ſuch unreverent words of his Lord, and they be falſe, that is finable, but no forfeiture. But if he deny to be Tenant to the Lord, and to be a Juror of the Homage, it is a forfeiture, but if a copy-holder indict his Lord, or gives in evidence in an action againſt his Lord, or arreſt him, or commence a Suite againſt his Lord in any Court of the Queens, theſe are not finable, nor no forfeiture.
If Tenant in taile be of a copy-hold, the remainder over in Fee, if the Tenant in taile be attaint of Felony, it ſeems that the Iſſue in taile ſhall have the Land, and not the Lord.
If a copy-holder make a Feoffment of his copy-hold, and the Feoffee dies ſeiſed, and his Heires levy a Fine of that, and five yeares paſſe, the Lord is barred to ſeiſe the Land by forfeiture, as it ſeems.
Some Copy-holder by the cuſtome may make waſte, and is no Forfeiture, and waſte by ſome Copy-holder is Forfeiture.
LOpping of Trees by a copy-holder is no forfeiture, but a copy-holder cannot lop Trees, and burn that in the houſe upon other Land or Mannor, nor ſell the lops, unleſſe by the cuſtome he may make waſt.
If a Guardian in Socage of a copy-hold make waſte, the Infant ſhall not forfeit his copy-hold, but only the Intereſt of the Wardſhip, but inquire. If Leſſee for yeares of a Copy-hold make waſt, and inquire when he is Leſſee for yeares by ſurrender, and when he is Leſſee by the licenſe of the Lord, it is ſaid, it is a forfeiture, but during the Tearm.
J. S. Seiſed in fee of an Acre in D. by Charter, and of another by copy, and make a Feoffment and Livery in the Acre by Charter in name of them both, it is no forfeiture of the Acre by copy, but if he make Livery in the Acre by copy in name of both, the Acre by Charter paſſes and it is forfeiture of the Acre by copy.
If a copy-holder ſuffer a common recovery againſt him at the common Law, and after ſurrenders to the uſe of another which is admitted, and after one or two admittances paſſe upon ſurrender, yet after when the Lords takes notice of the forfeiture, he may well ſeiſe it, for that forfeiture, for that, that the copy-hold was deſtroyed by the forfeiture. But otherwiſe it ſeems, if the forfeiture do not deſtroy the Copy-hold, as if he make waſt or break any cuſtome, the Lord is barred by this admittance, as it ſeems.
If a copy-holder levy a Fine, and five yeares paſſe after Proclamation, this ſeems, barres the copy-holder and his Heires, but it ſeems doth not barr the Lord, but if a copy-holder make a Feoffment and Livery of his copyhold, and after levy a Fine, and ſix yeares paſſe, now the Lord is barred.
If two Joynt Tenants by copy are, and one makes waſt in all the Land, yet he ſhall forfeit but one part.
If the Heire of a copy-holder having notice of the death of his Anceſtor, do not claime within the yeare and day, after the death of the Anceſtor, and Proclamation made, he ſhall looſe it for ever, but otherwiſe it is if he be beyond Sea, or within age, or a Woman having a Husband, it ſeems ſhe ſhall not looſe by not claiming.
Tenant for life of a Mannor is, and copy-holder of that commits waſt, and the Tenant for life dyes, he in remainder may ſeiſe the Land for this waſt, for that it is a forfeiture which runs with the Land.
See before forfeiture, touched in the Title of copy-holder.