COPYHOLD. 
184 
{hall r.ot be avoided ; but the rolls fhall be amended. 
4 Rep. 23. A copyholder may furrender to the ufe of 
another, referving rent, with a condition of re-entry for 
non-payment, and in default of payment may re-enter. 
If a copyholder of inheritance takes a leafe for years of 
his copyhold eftate, it is a furrender jn law of his copy- 
hold. Where there is a tenant for life, and remainder in 
fee, he in remainder may furrender his eftate, if there be 
no cuftom to the contrary. 3 L on. 329. If a furrender is 
made with remainders over, cafe lies, for him in remain¬ 
der againft a copyholder for life, who commits wafte. 3 
Lev. 128. A furrenderee of a reverfion of a copyhold is 
an aftignee within the equity of 32 Hen. VIII. c. 34. to 
bring adlion of debt or covenant againft leftee. 1 Salk. 
18.5. A copyholder in fee furrenders to the ufe of one 
for life, with remainder to another for life, remainder to 
another in fee ; as the particular eftates and remainders 
make but one eftate, there is but one fine due to the 
lord. 2 Danv. 191. 
The fruits and appendages of a copyhold tenure, that 
it hath in common with free tenures, are fealty, fervices, 
reliefs, and efeheats. The two latter belong only to 
copyholds of inheritance ; the former to thofe for life 
alfo. But befides thefe, copyholds have alfo heriots, 
wardftiip, and fines. Heriots are incident to both fpecies 
of copyhold ; but wardftiip and fines to thofe of inheri¬ 
tance only. Wardftiip in copyhold eftates partakes both 
of that in chivalry, and that in focage. Like that in 
chivalry, the lord is the legal guardian, who ufually af- 
figns fome relation of the infant tenant to att in his ftead ; 
and he, like guardian in focage, is accountable to his 
ward for the profits. Of fines, fome are in the nature of 
primer feifirts due on the death of each tenant; others 
are mere fines for the alienation of the lands. In fome 
manors only one of thefe forts can be demanded; in fome 
both, and in others neither. They are fometimes arbi¬ 
trary and at the will of the lord, fometimes fixed by cuf¬ 
tom ; but even when arbitrary, the courts of law, in fa¬ 
vour of the liberty of copyholders, have tied them down 
to be reafonable in their extent ; otherwife they might 
amount to a diftierifon of the eftate. No fine therefore is 
allowed to be taken upon defeents or alienations (unlefs 
in particular circumftances) of more than two years’ im¬ 
proved value of the eftate. 2 Ch. Rep. 134. 2 Comm. 97. 
Fines are paid to the lord on admittances ; and may 
be due on every change of the eftate by lord or tenant. 
The lord may have an adtion of debt for his fine ; or may 
diftrain by cuftom. 4 Rep. 27. An heriot is a duty to the 
lord, rendered at the death of the tenant, or on a furren¬ 
der and alienation of an eftate ; and is the beft beaft or 
goods, found in the pofteflion of the tenant deceafed, or 
otherwife, according to cuftom. And for heriots, re¬ 
liefs, &c. the lord may di'ftrain, or bring adtion of debt. 
Plowd. 96. Relief is a fum of money which every copy- 
holder in fee, or freeholder of a manor pays to the lord, 
on the death of his anceftor; and is generally a year’s 
profits of his land. Services fignify any duty whatfoever 
accruing unto the lord from tenants; and are not only 
annual, and accidental, but corporal, as homage, fealty, 
&c. Comp. Court Keep. 7. 
Copyholds efeheat, and are forfeited in many cafes ; 
efeheat of a copyhold eftate, is either where the lands 
fall into the hands of the lord for want of a heir to in¬ 
herit them ; or where the copyholder commits felony. 
But before the lord can enter on an eftate efeheated, the 
homage jury ought to prefent it. Forfeitures proceed¬ 
ing from treafons, felonies, alienation by deed, Sec. a 
prefentment of them muft be alfo made in court, that 
the lord may have notice of them. A copyholder refu- 
fing to do fuit of court, being fufficiently warned, is a 
forfeiture of his eftate ; unlefs he be prevented by fick- 
nels, inundations of water, &c. If the lord demandeth 
his rent, and the copyholder being prefent, denies to pay 
it at the time required, this is a forfeiture ; but if the 
tenant be not upon the ground when demanded, the lord 
muft continue his demand upon the land, fo that by 
continual denial in law, it may amount to a denial in 
fadt; though it is faid there muft be a demand from the 
perfon of the copyholder, and a wilful denial, to make a 
forfeiture. If a copyholder do not perform the fervices 
due to his lord; or if he fue a replevin again!! the lord, 
upon the lord’s lawful diftrefs for his rent or fervices, 
thefe are forfeitures. If the lord upon admittance of a 
copyholder, the fine by the cuftom of the manor being 
certain, demands his fine, and the copyholder refufes to 
pay it upon demand, this is a forfeiture. Upon the de- 
feent of any copyhold of inheritance, the heir by the ge¬ 
neral cuftom is tied, upon three folemn proclamations, 
made at three feveral courts, to come in and be admitted 
to his copyhold ; or if' he faileth therein, this failure 
worketh a forfeiture ; but if an infant come not in to be 
admitted at three proclamations, it is no forfeiture; fo 
of one beyond fea. 
An ideot, lunatic, &c. though able to take copyholds, 
they yet are unable to forfeit them; and in refpect to 
others, forfeitures may be mitigated by cuftom, and the 
copyholder only amerced. By 9 Geo. I. c. 29. on default 
of infants and feme-coverts appearing to be admitted te¬ 
nants to copyhold lands, the lord or his fteward may 
name a perfon to be guardian or attorney for them, and 
by fuch guardian admit them ; and if the ufual fine there¬ 
on be not paid in three months, being demanded in wri¬ 
ting, the lord may enter on the copyhold, receive the 
rents, See. till the fine is paid with all charges. And by 
this ftatute no infant or feme-covert fliall forfeit any co¬ 
pyhold lands for their negledt to come to court to be ad¬ 
mitted, or refufal to pay any fine. 
The general cuftom of copyholds allows a copyholder 
to make a leafe for one year of his copyhold eftate, and 
no more, without incurring a forfeiture ; but a copyholder 
may make a leafe for one year, and covenant with the 
leftee, that, after the end of that year, he (hall have the 
fame for another year, and fo from year to year during 
the fpace of feven years, Sec. and be no forfeiture. Cro. 
Jac. 300. For this does not amount to a leafe, but is 
only a covenant, fubjedting the covenanter to an adlion 
for damages. Though a copyholder may not make a leafe 
to hold for one year, and fo from year to year during 
his life, excepting one day yearly, Sec. which will be a 
forfeiture, being a mere evafion. But a licence to leafe 
may be had. A woman who was a copyholder in fee 
married, her hufband made a leafe for years, not war¬ 
ranted by the cuftom, which was a forfeiture ; the huf¬ 
band died; and adjudged that the lord (hail not take ad¬ 
vantage of this forfeiture after his death, but the wife 
fliall enjoy the eftate. Cro. Car. 7. 
Livery upon any conveyance of a copyhold eftate 
amounts to a forfeiture. And yet if a copyholder for life 
furrender to another in fee, this is no forfeiture ; for it 
pafleth by the furrender to the lord, and not by livery. 
If copyholder for life cut down timber-trees, it is a 
forfeiture of his copyhold ; though fuch copyholder may 
take houfe-bote, hedge-bote, and plough-bote, upon his 
copyhold, of common right, as a thing incident to the 
grant; if he be not reftrained by cuftom, to take them 
by the aflignment of the lord or his bailiff. Where a 
copyholder for life fells timber-trees, the lord may take 
them, and the eftate is forfeited ; but if under-leflee for 
years of a copyholder cut down timber, this (hall not be 
a forfeiture of the copyhold eftate, but the lord is put 
to his adlion on the cafe againft the leftee. 1 Bulji. 150. 
Style, 233. A copyhold granted to two for their lives 
fucceftively, where the cuftom of the manor is, that they 
(hall not fell trees; if the firft copyholder for life cut 
down trees, it is not only a forfeiture of his own eftate 
for life, but of him in remainder. Moor, 49. In other 
cafes, a copyholder for life, committing w^afte, fliall not 
forfeit the eftate of him in remainder. Cro. Eliz. 880. If 
copyholder for life, where the remainder is over for life, 
commits a forfeiture by wafte, he in remainder (hall not 
enter 
