The third part of the reports of severall excellent cases of law, argued and adjudged in the courts of law at Westminster in the time of the late Queen Elizabeth, from the first, to the five and thirtieth year of her reign collected by a learned professor of the law, William Leonard ... ; with alphabetical tables of the names of the cases, and of the matters contained in the book.

CLVIII. Taverner and Cromwell's Case. Trin. 26 Eliz. In the Kings Bench.

UPon an Evidence unto a Iury,* 1.1 containing difficulty and mat∣ter in Law; it was found, viz. that the Bishop of Norwich, 10 H. 8. was seised of the Mannor of Northelman in the right of his Bishoprick; and, at his Court holden within the same Man∣nor, granted parcel of the Demesnes of the said Mannor to one Taverner and his Heirs, where, of the said Land in truth, there was not any Demise by Copy before: And so the said Land continued in Copy until 23 H. 8. at which time, Taverner committed a forfeiture; which being presented, the Bishop seised the Land as forfeited; and granted the same again by Copy to Taverner in Fee: And so from thence it continued in Copy until 8 Eliz. (which Interval between 23 H. 8. and 8 Eliz. amounted to 47 years:) It was the Opinion of the whole Court in this Case, that the Continuance for 50 years, is requisite to fasten a Cu∣stomary Condition upon the Land against the Lord. It was also agreed by the Court, that although the Original Commence∣ment, and that Customary Interest did commence 10 H. 8. ut su∣pra, from which time, unto 8 Eliz. 60 years passed; yet the sei∣sure for a forfeiture which happened 23 H. 8. interrupted utterly

the Continuance from the time which might by the Law have per∣fected the Customary Interest. So that now, the time before the forfeiture ought not to be accounted in this Case: But the Or∣ginal beginning of the Copyhold shall be holden to be 23 H. 8. when the Grant de Novo by Copy was made; between which time, and 8 Eliz. is an interval but of 47 years; within which time, a Customary Interest cannot be attached upon the Land: And then before sufficient time encurred, &c. the Lord may well enter upon such a Tenant at Will: For as yet, there is not any Custom begotten by sufficient time to bind him. It was also agreed by the Iustices, That if the Lord of a Mannor is seised of an ancient Copyhold for forfeiture, or by reason of Escheat, and Lett the same at Will without any Copy for divers years, one af∣ter the other, that that is not any Interruption of the Customary nature of the Land; but that the Lord may grant it again by Copy.

As to other parcel of the Land, It was given in Evidence, That at a Court lately holden at Northelman, It was presented by the Homage there, That Taverner the Plaintiff being a Copy∣holder of the said Mannor, had forged a Customary of the said Mannor, containing divers false Customs, pretending them to be true Customs of the said Mannor, and that he had forged, and put a Seal to it, about which, this word, viz. (Northelman) is en∣graven; And that he had procured divers Copyholders of the said Mannor to set their seals to it; and that he said unto them, That that Customary should be put into the Church of Northelman amongst the Charters and Evidences of the said Church: And that he had now made his Copyhold as good as his Freehold. And, If the said Offence committed by the Plaintiff, ut supra, be a forfei∣ture of his Copyhold, was the Question? It was argued by Popham, who was of Counsel with the Plaintiff, That without further matter, it was not any forfeiture; And yet he confessed, It is a forgery against the first branch of that Statute of 5 Eliz. cap. 14. And so he said it was lately adjudged in the Star-Chamber: But as to the point of Forfeiture, he put this difference; If the Lord demand his Services of his Copyholder, there, If the Co∣pyholder upon debate between the Lord and himself, sheweth forth such a forged Customary, and Counterpleads the Demand of the Lord with it; now it is a forfeiture, for that the Inheritance of the Lord is thereby hazarded: As, if the Copyholder after the forfeiture keep it himself, and doth not encounter his Lord in his demand with it in his services, the same is not any forfeiture: As, if the Copyholder, before any Rent be due, saith, That he will not pay any Rent to the Lord hereafter: Or when a Court is to be holden, That he will not after appear to do any Suit at the Court of his Lord, &c. But if, his Rent being due, he denyeth it; Or when the Court is holden, he saith, That he will not do any Suit; the same is a foreiture: As it was lately adjudged in the Kings

Bench, in the Case between Sir Christopher Hatton, and his Co∣pyholders of his Mannor of Wellingborough. So if a Copy∣holder being with the other Copyholders charged upon Oath to enquire of the Articles of the Court-Baron, and sufficient mat∣ter being given to them in Evidence, to induce them to find a mat∣ter within their Charge, and they or any of them obstinately re∣fuse to find the same, the same is a forfeiture of his Copyhold; As it was adjudged in the Case of Sir Rich. Southwell, Knight, and Thurston. Clench, Iustice, conceived, That in the principal Case, the Offence of the Plaintiff, is not any forfeiture, no more,* 1.2 than if a Copyholder makes a Charter of Feoffment of his Customary Land, and delivereth the same as his Deed to the party, but doth not execute it by Livery, the same is not any forfeiture. It was argued by Gawdy, Serjeant, who was of Counsel with the De∣fendant, to the contrary: For he said, That if a Copyholder will forge a Deed of Feoffment, purporting, That the Lord of the Mannor hath enfeoffed him of the said Customary Land, notwith∣standing that he keepeth such Charter himself, without shewing it forth, yet it is a Forfeiture. At the length, The Court wished the Iury to find the special matter, and to refer the same to the Court, Whether it was a Forfeiture, or not. In this Case, ano∣ther matter was moved, viz. The Auncestor of the Plaintiff had purchased divers several Copyholds from several Copyholders by several Copies whereof he died seised; Or committed several Of∣fences by which he forfeited to the Lord all his Copyholds, for which the Lord seised, and granteth them again to his Auncestor wtih the Ancient Rent, and to his Heirs, Tenendum per antiqua servitia & consueta, &c. And afterwards, the same Copyholder commiteth Waste, whether the same shall now trench to forfeit all the Copyhold Lands which were granted ut supra, by one entire Copy; Or only that which was before the seizure holden by the same Rent, Et ni∣hil ultra: For these words, Tenendum per antiqua servitia, do not trench only to the Quantity of the Services, but also to the Qua∣lity; scil. severally, so as there shall be several Services as be∣fore: As if A. be seised of Copyhold Land on the part of his Fa∣ther, and of other Copyhold Land on the part of his Mother, and thereof dieth seised, and his Son and Heir be admitted to it by one Copy, and by one Admittance; Now if that Son dieth without Issue, the Copyholds shall descend severally, the one to the Heir on the part of his Father, and the other to the Heir on the part of his Mother, &c. And afterwards the Iury found the Special Verdict, and the special matter, ut supra, &c

Notes

• * 1.1

  3 Cro. 353.
• * 1.2

  1 Roll. 508.