case nash versus Com derby e contra Eq can ab pl S c a have two copyhold hold  of the manor of b cut timber on the one and employ it in repair the other  after a verdict on a ejectment by the Lord for the forfeiture a bring a bill  and be relieve but order to pay cost at law and in equity the defendant the  earl of Derby marry one of the daughter and coheir of sir William Morley and  in her right become entitle to the manor of Borgrave in Sussex the plaintiff  hold two copyhold within the manor and have cut down timber on the one to  repair the tenement on the other and pretend there be a custom within the  manor that he may so do the timber be assign and set out by two of the  customary tenant of the manor a ejectment be bring as suppose this to be  voluntary waste and a forfeiture upon the first trial a verdict against the  Lord but upon a new trial a verdict against the pretend custom the bill be to  be relieve against the forfeiture it be admit that by the custom of the manor  when timber be want on one copyhold tenement the Lord by his uvoodward or  bailiff may assign timber for repair on any of Vernon chancery case the other  copyhold estate but here they be set up a custom for two of the tenant to  assign to a three which may be prejudicial to the Lord and more timber may by  that mean be cut than be necessary and thrive timber Vernon chancery case er p  when there may be find enough of that which be decay fit for repair it be also  admit that the timber be but of small value and all of it employ in repair  upon the copyhold the Lord keeper relieve the plaintiff against the forfeiture  so forfeiture relieve against under the circumstance Willis v Fineux pre c say  vide sir harry peachy v duke of Somerset pre Ch strange S c where Macclesfield  Lord chancellor clear that this court can relieve against a voluntary  forfeiture so lady whetstone v sainsbury ibidem p Thomas v porter Ch can so  where forfeiture incur by nonpresentment though usual in case of mortgage skin  vide however whetstone v sainsbury p wms Cox v Higford Eq can ab pl post SC  Dench v Bampton Ves but decree he to pay the cost of both the trial at law and  the cost of this suit Reg lib b fol not the plaintiff to pay the fee of  readmission but no fine