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justice_n	chief_a	law_n	lord_n	7,276	5	3.9306	3	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A33630	The compleate copy-holder wherein is contained a learned discourse of the antiquity and nature of manors and copy-holds, vvith all things thereto incident, as surrenders, presentments, admittances, forfeitures, customes, &c. necessary both for the lord and tenant : together, with the forme of keeping a copy-hold court, and court baron / by Sir Edward Coke, Knight.; Complete copy-holder	Coke, Edward, Sir, 1552-1634.	1641 (1641)	Wing C4912; ESTC R1843	72,284	184

this shall ever binde the Feme and her heires and yet she is not sui juris but sub potestate viri because the Custome of the Manor is the chiefe basis upon which stands the whole fabricke of the Copyhold estate and therefore what Custome doth confirme to a Copyholder the Law will ever allow and never seeke to avoid it in respect of any such imperfection in the Grantors persons and the quantity of the Lords estate is no more respected than the qualitie of his person for if his interest be lawfull be his estate never so great or never so little 't is not materiall for be it in Fee or be it in tayle or dower or as Tenant by courtesie for life or for yeares as Guardian or as Tenant by Statute or as Tenant by Elegit or at will the least of these estates is a sufficient warrant to the Lord to Grant any Copyhold esheated unto him for as long time as the Custome doth allow the ancient Rents and Services being truely reserved and these Grants shall ever binde them that have the Inheritance or Franck-Tenement of the Manor as well as offices granted for life by the chiefe Justice of the Common Pleas whose office is but at will shall ever conclude the succeeding Justice The reason of the Law is this A Copyholder upon voluntary Grants made by Copy doth not derive his estate out of the Lords estate onely for then the Copy-holders estate should cease when the Lords interest determineth Nam cessante primitivo cessat derivativus but the life of the Copy-holders estate is the Custome of the Manor and therefore whatsoever befalleth the Lords interest in his Manor be it determined by the course of time by death by forfeiture or other meanes yet if the Lord were Legitimus Dominus pro tempore how small so ever his estate was that is enough for the same Custome that fixeth a Copyholder instantly in his land upon his admittance will likewise preserve and protect his interest to the end in such manner that though the Lords interest faileth yet his shall never fall to ground being upheld by such a proppe such a pillar unlesse perchance the Copy-holder offer violence to his Founder in breaking the Custome If the Lord granteth a Copyhold and after doth sever this Copy-holder from the Manor by granting the inheritance to a stranger though now one of the chiefe pillars of a Copyhold estate is wanting viz. to be parcell of the Manor yet because the Land at the time of the Copy-holders admittance had this necessary incident this severance being a matter ex post facto cannot amount to the destruction of the Copyhold espicially being the sole act of the Lord himselfe If a Manor be granted upon Condition and before the Condition is broken the Land is granted by Copy then the Manor become forfeited and the Feoffer entreth yet the Copyhold estate remaineth untouched because lawfully established by Custome and yet all meane estates and charges whatsover granted by the Feoffee at the Common Law were voidable upon the entry of the Feoffer for wee have a ground in Law that when an entry is made for breach of a Condition the party to all intents and purposes is in the same plight that he was in at the time of the making of the estate If a man seized of a Manor in Fee dieth seized having issue a daughter and his wife being privement inse●nt with a sonne and the daughter granteth Lands by Copy this Grant shall stand good against the sonne for the daughter was Legitim● Domina pro tempore So if the Feoffee of a Manor upon Condition to infeoffe a stranger the next day maketh a voluntary Grant by Copy this shall binde and yet his interest was to have but small continuance If a Manor be Granted with a feme in Francke marriage and there is a divorce had causa paercontractus so that now the interest of the Manor is now granted to the feme onely and by relation the marriage is void ab initio yet because the Baron was Legitimus Dominus pro tempore any Copyholders estates granted before the divorce remaine good So if a man espouseth a feme seignioresse under the age of consent and after she doth disagree though the marriage by relation was voide ab initio yet Copyholds granted before disagreement shall never be avoided causa qua supra If the Lord of a Manor committeth felonie or murder and proces of Outlawry be awarded against him after the Exigent hee granteth Copyhold estates according to the Custome and then is attainted these Grants are authenticall though by relation the Manor was forfeited from the time of the Exigent awarded So if the Lord had beene attainted by Verdict or Confession any Grant by Copy after the Felony or murder committed shall stand good notwithstanding the relation If the Lord of a Manor acknowledge a Statute and then granteth Lands by Copy and after the Manor is delivered to the Cognisee in extent the Grant cannot by this be impeached And if the Lord of a Manor taketh a wife and after maketh Copyhold estates according to the Custome and dieth though the feme hath this Manor assigned unto her for her Dower yet cannot shee avoide these Copyhold estates because the Copyholders are in by a title Paramount the title of the feme viz. by Custome But paradventure if the heire after the death of his Ancestor before the Assignment made unto the feme for her Dower had granted Lands by Copy the feme might avoide these Grants because instantly upon the death of the Baron her title received his perfection and nothing more was wanting to the confirmation of her interest but though the quantity of the Lords estate in the Manor be not respected yet the quantity of his estate in the Copyhold is regarded For if a Copyholder in Fee surrender to the use of the Lord for life the Remainder over to a stranger or reserveth the Reversion to himselfe if the Lord will Grant this by Copy in Fee whatsoever estate the Lord hath in his Manor yet having but an estate for life in the Copyhold no larger estate shall passe then hee himselfe hath Quia nemo potest plus juris in alium transferre quam ipse habet and further observe that sometimes the Law respecteth the quantity of the Lords estate in the Manor for what Acts so ever are not confirmed by Custome but onely strengthned by the power authority and interest of the Lord have no longer continuance than the Lords estate continueth and therefore it is held that if a Tenant for life of a Manor granteth a licence to a Copyholder to alien and dieth the Licence is destroyed and the power of alienation ceaseth As for the quality of the Lords estate in the Manor that is much more now respected than either the qualitie of his estate or the qualitie of his person for if the Lord or he who soever it be that maketh a

but a Prescription may both by the Comon-Law and the Civill and therefore where the Statute 1. H. 8. saith that all actions popular must be brought within three yeares after the offence commi ted whosoever offendeth against this Statute and doth escape uncalled for three yeares he may be justly said to prescribe an immunity against any such action 2. A Custome toucheth many men in generall Prescription this or that man in particular and that is the reason why Prescription is personall and is alwayes made in the name of some person certaine and his Ancestors or those whose estate he hath but a Custome having no person certaine in whose name to prescribe is therefore called and alledged after this manner In such a Borough in such a Manor there is this or that Custome And for Vsage that is the efficient cause or rather the life of both for Custome and Prescription lose their being if Vsage faile Should I goe about to make a Catalogue of severall Customes I should with Sisiphus saxum volvere undertake an endlesse piece of worke therefore I will forbeare since the relation would be an argument of great curiosity and a taske of great difficulty I will onely set downe a briefe distinction of Customes and leave the particulars to your owne observation Customes are either generall or particular generall which are part of the Common law being currant through the whole Common-wealth and used in every County every City every Towne and every Manor Particular which are confined to shorter bounds and limits and have not such choyce of fields to walke in as generall Customes have These particular Customes are of two sorts either disallowing what generall Customes doe allow or allowing what generall Customes doe disallow as for example sake By the generall Customes of Manors it is in the Copiholders power to sell to whom he pleaseth but by a particular Custome used in some places the Copyholder before he can inforce his Lord to admit any one to his Copihold is to make a proffer to the next of the blood or to the next of his Neighbours ab oriente solis who giving as much as the partie to whom the Surrender was made should have it so on the other side by the generall Customes of Manors the passing away of Copyhold land by deede for more than for one yeare without licence is not warranted yet some particular customes in some Manors doe it so by the generall Customes of Manors Presentments or any other act done in the Leete after the moneth expired contrary to the Statute of magna Charta and 31. E 3. are voyd yet by some particular Customes such acts are good and so in millions of the like as in the sequell of this discourse shall be made manifest And therefore not to insist any longer in dilucidating this point let us in few words learne the way how to examine the validitie of a Custome For our direction in this businesse wee shall doe well to observe these sixe Rules which will serve us for exact tryall 1. Customes and Prescriptions ought to be reasonable and therefore a Custome that no Tenant of the Manor shall put in his Chattell to use his common in Campis seminatis after the Corne severed untill the Lord have put in his Chattell is a voyd Custome because unreasonable for peradventure the Lord will never put in his Chattell and then the Tenants shall lose their profits so if the Lord will prescribe that he hath such a Custome within his Manor that if any mans beasts be taken by him upon his Demesnes damage Fesant that he may detaine them untill the owners of the beasts give him such recompence for his harmes as he himselfe shall request this is an unreasonable Custome for no man ought to be his owne Judge 2. Customes and Prescriptions ought to be according to common right and therefore if the Lord will prescribe to have of every Copyholder belonging to his Manor for every Court he keepeth a certaine summe of money this is a voyd prescription because it is not according to common Right for hee ought for Iustice sake to doe it Gratis but if the Lord prescribe to have a certaine Fee of his Tenants for keeping an extraordinary Court which is purchased onely for the benefit of some particular Tenants to take up their Copyholds and such like this is a good prescription and according to common right 3. They ought to be upon good consideration and therefore if the Lord will prescribe that whosoever passeth through the Kings High way which lyeth through his Manor should pay him a peny for passing this prescription is voyd because it is not upon a good consideration but if hee will prescribe to have a peny of every one that passeth over such a bridge within his Manor which bridge the Lord doth use to repaire this is a good prescription and upon a good consideration So if the Lord will prescribe to have a fine at the marriage of his Copyholder in which Manor the custome doth admit the husband to be Tenant by the curtesie or the feme Tenant in Dower of a Copyhold this prescription is good and upon a good consideration but in such Manors where these estates are not allowed the Law is otherwise 4. They ought to be compulsary and therefore if the Lord will prescribe that every Copyholder ought to give him so much every moneth to beare his charges in time of warre this prescription is voyd but to prescribe they ought to pay so much money for that purpose is a good prescription for a payment is compulsary but a gift is Arbitrary at the voluntary liberty of the giver 5. They ought to be certaine and therefore if the Lord will prescribe that whensoever any of his Copy-holders dye without heire that then another of the Copyholders shall hold the same lands for the yeere following this prescription is voyd for the incertainty but if the Lord will prescribe to have of his Copy-holders 2. d. an Acre Rent in time of warre foure pence an Acre this prescription is certaine enough 6. They ought to be beneficiall to them that alledge the prescription and therefore if the Lord prescribeth that the custome hath alwayes beene within the Manor that what distresse soever is taken within his Manor for any common persons cause is to be impounded for a certaine time within his pound this is no good prescription for the Lord is hereby to receive a charge and no commoditie but if the prescription goeth further that the Lord should have for every beast so impounded a certaine summe of money this is a good prescription If we desire to be more fully satisfied in the generall knowledge of prescriptions and Customes wee shall finde many Maximes which make very materiall for this purpose amongst which I have made choyse of these three as most worthy of your observation 1. Things gained by matter of Record onely cannot be challenged by prescription and

therefore no Lord of a Manor can prescribe to have fellons goods fugitives goods D●odands and such like because they cannot bee forfeited untill it appeare of Record but waves estraies wreckes and such like may be challenged by prescription because they are gained by usage without matter of Record 2. A custome never extendeth to a thing newly created and therefore if a Rent be granted out of Gavelkind-land or Land in Borough-English the rent shall descend acorcording to the course of the Common Law not according to the Custome If before the Statute 32. H. 8. Lands were deviseable in any Borough or City by speciall Custome A Rent granted out of these Lands was not deviseable by the same Custome for what things soever have their beginning since the memory of man Custome maintaines not If there be a Custome within a Manor that for every house or cottage two shillings fine shall be paid if any Tenant within these liberties maketh two houses of one or buildeth a new house hee shall not pay a fine for any of these new houses for the Custome onely extendeth to the old So if I have Estovers appendant to my house and I build a new house I shall not have Estovers for this new built house upon this ground It hath beene doubted if a man by Prescription hath course of water to his Fulling-mill hee converting these into Corne-mills whether by this conversion the Prescription is not destroyed in regard that these Come-mills are things newly created but because the qualitie of the thing and not the substance is altered therefore this alteration is held insufficient to overthrow the Prescription for if a man by Prescription hath Estovers to his house although they alter the Roomes and Chambers in the house as by making a Parlor where there was a Hall vele converso yet the Prescription stands still in force and so if by Prescription I have an ancient Window to my Hall and I convert this into a Parlor yet my neighbours upon this change cannot stoppe my Window Causa qua supra 3. Customes are likewise taken strictly though not alwayes literally There is a Custome in London that Citizens and Freemen may devise in Mortmayne A Citizen that is a Forreiner cannot devise by this Custome An Infant by the Custome of Gavelkind at th'age of fifteene may make a Feoffment yet he cannot by the Custome make a Will at that age to passe away his Land to make a Lease and a Release which amounteth to a Feoffment If there be any Custome that Copyhold-Lands may be leased by the Lord vel per Supervisor vel deputatum supervisoris This Custome giveth not power to the Lord to authorize any by his last Will and Testament to keepe a Court in their owne name and to make Leases Secundum consuetudinem Manerii but these Customes have this strict construction because they tend to the derogation of the Common Law yet they are not to be confined to literall interpretation for if there be a Custome within any Manor that Copyhold Lands may be granted in Feodo simplici by the same Custome they are grantable to one and the heires of his body for life for yeares or any other estate whatsoever because Cui licet quod majus non debet quod minus est non licere so if there be a Custome that Copyhold Lands may be granted for life by the same Custome they may be granted Durante viduitate but not e converso because an estate during Widdowhood is lesse than an estate for life Before the Statute of 32. H. 8. Lands in certaine Boroughs were devisable by Custome By the same Custome was implicite warranted authorizing Executors to sell Lands devisable Now with your patience I will onely point at the manner of pleading of Customes I finde a foure-fold kinde of Prescribing 1. To prescribe in his Predecessors as in himselfe and all those whose estate hee hath 2. To prescribe generally not tying his Prescription to place or person as where a Chiefe Justice prescribeth that it hath beene used that every Chiefe Justice may grant Offices or where a Sergeant prescribeth Quod talis habetur consuetudo that Sergeants ought to be impleaded by originall Writ and not by Bill 3. To Prescribe in a place certaine 4. To Prescribe in the place of another The first sort of these Prescriptions a Copyholder cannot use in regard of the imbecillity of his estate for no man can Prescribe in that manner but onely Tenants in Fee simple at the Common Law The second sort of these may be used sometimes by Copyholders in the pleading of a generall Custome but in alleadging of a particular Custome a Copyholder is driven to one of the last and as occasion serveth he useth sometimes the one sometimes the other If he be to clayme Common or other profit in the soyle of the Lord then he cannot prescribe in the name of the Lord for the Lord cannot prescribe to have Common or other profit in his owne soyle but then the Copyholder must of necessity prescribe in a place certaine and alleadge that within such a Manor there is such a Custome that all the Tenants within that Manor have used to have Common in such a place parcell of the Manor but if he be to claime Common or other profit in the soyle of a stranger then he ought to prescribe in the name of his Lord saying that the Lord of the Manor and all his Ancestors and all those whose estate he hath were wont to have a Common in such a place for himselfe and his Tenants at will c. SEC XXXIV THus much of Customes I come now home to Copyholders and in the third place I hold it the best course to dilate upon the manner and meanes of granting Copy-holds wherein I will onely rely upon these five parts 1. Vpon the person of the Grantor 2. Vpon the person of the Grantee 3. Vpon the Grant it selfe 4. Vpon the thing Granted 5. Vpon the Instruments through whose hands as through Conduit-pipes the Lands are Gradatim conveyed to the Purchasor And first of the person of the Grantor Sometimes the Lord himselfe is Grantor sometimes a Copyholder In voluntary Grants made by the Lord himselfe the Law neither respecteth the quality of his Person nor the quantity of his Estate for be hee an Infant and so through the tendernesse of his age insufficient to dispose of any Land at the Common Law or non compos mentis an Idiot or a Lunatique and so for want of common reason unable to traffique in the world or an Out-law in any personall action and so excluded from the protection of the Law or an Excommunicate c. and so restrained ab omnium fidelium communione or at least à Sacramentorum partitipatione notwithstanding these infirmities and disabilities yet he is capable enough to make a voluntary grant by Copy for if a feme seignioresse take Baron and they two joyne in a voluntary Grant by Copy

licence of the Lord maketh a Lease for yeares the Lessee cutteth downe trees the Copyholder shall not have a Writ of waste but shall sue at the Lords Court to punish this waste If a feme Dowable by Custome of a Copyhold by plaint in the Lords Court recovereth Dower and damages no action of debt lieth at the Common Law for these damages because the action though it be in it selfe personall yet it dependeth upon the realitiy If a Copyholder maketh a Lease by Copy for Yeares or by Deede with Licence an action of debt lieth for the Rent reserved upon either Lease at the Common Law but I much doubt whether he can avow for the Rent either in the one or in the other no more than Cestuy que use before the Statute 27. H. 8. cap. 10. could avow for the Rent reserved by him upon a Lease for yeares and yet he could maintaine an action of debt for such a Rent because an action of debt is grounded upon the contract If a stranger cut downe trees growing in the Copyhold ground an action of trespasse lieth at the Common Law against him so doth it against the Lord where hee cutteth them downe when by Custome they belong to the Tenant because this is a meere personall action and damages onely are to be recovered And if a copyholder without Licence maketh a Lease for one yeare or with Licence maketh a Lease for many yeares and the Lessee be ejected he shall not sue in the Lords Court by plaint but shall have an ejection firme at the Common Law because hee hath not a Customary estate by Copy but a warrantable estate by the rules of the Common Law Thus much of the manner how Copyholders are to impleade and be impleaded SEC LII I Come now in the sixt place to shew under what Statutes Copyholders are Comprehended Copyholders are comprehended under Statute either by expresse limitation in precise words or by a secret implication upon generall words by expresse limitation in precise words As by the Statute of the first of R. 3. cap. 4. it is expressely provided that a Copyholder having Copyhold Land to the yearely value of twenty sixe shillings and sixe pence above all charges may be impanelled upon a Jury as well as he that hath twenty shillings per annum of Freehold-Land So by the Statute of 1. E. 6. cap. 14. it is expresly provided that upon the dissolution of Abbyes and Monasteries Copyholds should continue as they did before the Statute and should fall into the Kings hands So by the Statute of 2. E. 6. cap. 8. it is expresly provided that the interest of a Copy-hold should be preserved notwithstanding it be not found by Office after the decease of the Kings Tenant So by the Statute of 1. Mar. cap. 12. it is expresly provided that if any Copyholder being Yeoman Artificer Husbandman or Labourer and being of the age of eighteene or more under the age of sixtie not sicke impotent lame maymed nor having any other just or reasonable cause of excuse upon request made by any man in authourity refuseth to aide Justices in suppressing of riotous persons that then immediately he shall forfeit his Copyhold to the Lord of whom it is held during the Copyholders naturall life So by the Statute of 5. Eliz. cap. 14. it is expresly provided that the forging of a Court Roll to the intent to defraud a Copy-holder shall be as well punishable as the forging any other Charter Deede or Writing sealed whereby to defeate a Copyholder or Freeholder So by the Statute of 13. Eliz. cap. 7. It is expresly provided that the Copyhold Land as well as the Freehold Land of a Bankerupt shall be sold for the satisfying of the Creditor So by the Statute of 14. Eliz. cap. 6. It is expresly provided that if any of the Queenes subjects goeth beyond the Seaes without Licence that then the Queene shall not onely take the ordinary profits of the fugitives Copyhold Land as they arise but shall let set and make Grants by Copy and usuall Wood-sales and other things to all intents and purposes as a Tenant pro terme durante vie may doe So by the Statute of the 35. Eliz. cap. 2. It is expresly provided that if any person or persons being convicted of recusancie repaire not home to their usuall place of abode not removing from thence above five miles distant that then any person or persons thus offending shall not onely forfeit their Freehold Land to the Queene but withall their Copyhold Land to the Lord or Lords of whom it is holden Thus have I shewed in briefe under what Statute Copyholders are comprehended by expresse limitation in precise words Now I will shew you as briefely as I can under what Statute they are comprehended by secret implication upon generall words SEC LIII SOme hold that all Statutes that speake generally of Tenants extend to Tenants by Copy but it is much to be feared that wee shall wander from the Truth if we give credit to this conceit for if wee peruse the Statute we shall meete with an infinite number of them that speak generally of Tenants and yet touch not Tenants by Copy wherefore not giving way to this opinion as being erronious I will set you downe an infallible rule which will truely direct you in the exposition of the generall words in Statutes and that is thus When an Act in Parliament altereth the service tenure interest of the Land Co. 3. fo 8. or other thing in prejudice of the Lord or of the Custome of the Manor or in prejudice of the Tenant there the generall words of such an Act in Parliament extend not to the Copy-hold but when an Act is generally made for the good of the Common-wealth and no prejudice may accrue by reason of the alteration of any interest Service Tenure or Custome of the Manor there usually Copy-holds are within the generall purveiw of such Acts. The Statute of West 2. ca. 1. of intailes extendeth not to Copyholds because it would be prejudiciall to the Lord for by this meanes the Tenure is altered for the Donee intayle without any speciall reservation ought to hold of the Doner by the same Service that the Doner holdeth over besides the words of the Statute are Quod voluntas Donator in charta Domini sui manifesta expressa decetero observit which proveth that the intent of the Statute was that no hereditament should be intailed within this Statute but such an one as either was given or at least may be given by Charter or Deede but Copyholds are no such hereditaments and therefore not within the body of the Act yet it is holden that Custome with the cooperation of the Statute will make an estate tayle The Statute of W. 2. ca. 20. which giveth the Elegit extendeth not to Copyhold because it would be prejudiciall to the Lord and a breach of the Custome that any stranger should have interest in the Lands holden by

If the Fine by the Custome of the Manor be incertaine though a reasonable Fine be assessed yet because no man can provide for an incertainty the Copyholder is not bound to pay it presently upon demand but shall have convenient time to discharge it if the Lord limit no certaine day for payment thereof and if within convenient time it be not discharged this is a forfeiture without presentment But if the Fine be unreasonable though it be never paid it is no forfeiture and it shall be determined by the opinion of the Justices before whom the matter dependeth either upon a demurre or in Evidence to the Jury upon the confession or proofe of the yearely value of the Land whether the Fine be reasonable or not for if the Lords might Assesse unreasonable Fines at their pleasures then most estates by Copy which are a great part of the Kingdome and which have continued time out of minde might now at the will of the Lords be defeated and destroyed which would be very inconvenient If the Lord demandeth his Rent and the Copyholder denieth to pay it this is a forfeiture Ipso facto So if the Copyholder saith that hee wanteth money to discharge the Rent and therefore intreateth the Lord to forbeare untill he be better provided unlesse the Lord giveth his consent this non payment is a forfeiture Ipso facto For a Copyholder knowing his day of payment is to provide against the day but if the Lord commeth upon the Copyholders ground and demandeth his Rent and neither the Copyholder himselfe nor any other by his appointment is there present to answer their demand though this be a deniall in Law of the Rent yet this is no forfeiture But if the Lord continueth in making demand upon the ground and the Copyholder is still absent this continuall deniall in Law amounteth to a deniall in fact and maketh the Copyholders estate subject to a forfeiture without presentment If a Copyholder for life suffereth a Recovery by plaint in the Lords Court as Copyhold of the inheritance this is a forfeiture Ipso facto But if he surrender in Fee this is no forfeiture because it did not passe by Livery If a Copyholder committeth waste voluntarily or permissive this is a forfeiture Ipso facto Voluntary as if hee plucketh downe any ancient built house or if he buildeth any new house and then pulleth it downe againe or if he ploweth medow so that thereby the ground is made worse or loppeth the trees or selleth the lopping or if he cutteth downe any fruit-trees for fuell having other wood sufficient this and the like voluntary waste are forfeitures Ipso facto Permissive as if he suffereth his house to decay or fall to ground for want of necessary reparations or if hee suffereth his medowes for want of mending his banckes to be surrounded so that it becomes Rushy or worth nothing or his arrable ground so to be surrounded that it is become unprofitable These and the like permissive wasts are forfeitures Ipso facto And thus much of Acts which are forfeitures eo instante that they are committed A word of those Acts which are said not forfeitures till presentment SEC LVIII ANd such are those offences which by common presumption the Lord cannot of himselfe have notice of without notice given as if a Copyholder committeth felony or treason So if a Copyholder be Out-lawed or excommunicate that the Lord may have the profits of his Copyhold Land a presentment is necessary So if a Copyholder goeth about in any other Court to intytle any other Lord unto his Copyhold or if hee alieneth by Deede these and the like ought to be presented If a Copyholder maketh a bargaine and sale of his Copyhold and it is not in-rolled according to the Statute this is no forfeiture no more than a Feoffment without Livery because nothing passeth So if a Copyholder maketh a Feoffment of all his Lands in Dale and maketh Livery in his Charter Lands no part of his Copyhold-Land is thereby forfeited but if Livery be made in any part of the Copyhold Lands all his Copyhold Lands are forfeited If a Copyholder by Deede of bargaine and sale inrolled according to the Statute doth bargaine and sell all his Lands in Dale having both Copyhold and Freehold his Copyhold is not thereby forfeited for the Law will construe this to extend to his Freehold onely rather than by any over large construction● make a forfeiture in this kinde And if a Copyholder by Deed inrolled bargaineth or selleth all his Copyhold Lands in Dale or all his Lands in Dale generally having no Freehold Lands this is a forfeiture Thus I have shewed you what Acts amount to a forfeiture Now I will shew you what persons are able to forfeit SEC LIX A Man of non sanae memoriae an Idiot or a Lunatique though they be able to take a Copyhold yet they are unable to forfeit a Copyhold because they want common reason nay common sense So an Infant that is under the age of foureteene is unable to forfeit his Copyhold because he wanteth discretion and till then hee is to be in Ward to the next of his kindred to whom th' inheritance cannot descend or to the Lord or the Bayliffe of the Manor as the Custome shall warrant So a feme covert by any Act she can doe of her selfe cannot possibly forfeit her Copyhold because she is not sui juris sed sub potestate viri but if shee doe any act which amounteth to a forfeiture by the consent of her husband this is in her a forfeiture An Infant at the age of discretion may forfeit his Copyhold not by offences which proceede from negligence or ignorance but by such as proceede from contempt If an Infant come not in to be admitted according to the Custome at three solemne proclamations made at three severall Courts or if he will suffer his houses to goe to ruine or his ground to be surrounded these Acts savouring of negligence onely are no forfeitures So if an Infant Copyholder sueth a Replevin against the Lord upon a distresse lawfully taken or if hee alieneth by Deede or the like these Acts relishing of ignorance onely are no forfeitures But if he denieth from time to time to pay the Lord the Rent or committeth voluntary waste notwithstanding often warning given him by the Lord these Acts proceeding from malice and contempt are forfeitures and so if he comitteth felony or treason If a Guardian of a Copyholder committeth waste hee shall forfeit the Wardsh●ppe onely not the inheritance of the Copy-hold If Cestuy que use of a Copyhold committeth waste he shall not forfeit the Copy-hold If the husband committeth waste in Copyhold Lands which he hath in the right of his wife Co. 4. fo 27. a. this is a forfeiture of the wives Copyhold But if a stranger committeth waste without the consent of the husband this is no forfeiture though the wife consenteth If a Diffeisor of a Copyhold committeth