case Underhill against Kelsey Trinity term James roll a custom of a manor that  estate shall be forfeit unless the heir claim to be a see and will and mary c  ante post croak James er p admit at the next court or after three proclamation  make of the death of his ancestor do not extend to a heir who be beyond sea  ante   light a   a Litt godb Leon Leon Mod Sho salk Carth burr to Rep to Rep  ejectment upon demurrer the plaintiff claim by lease from William Copley the  case appear to be that Thomas Copley the father of William be copyholder in  fee of the manor of Shellwood wherein a custom be plead that upon the death of  every copyholder his heir shall pay such a fine as shall be reasonable assess  and another custom that if a copyholder die and his heir come not the next  court to be admit proclamation shall be make and if after three proclamation  the heir come not in the lord shall seize it as forfeit and show that  Elizabeth Thomas Copley die and his death be present and that William be his  heir and thereupon proclamation make c and afterward at two other court  Elizabeth proclamation be make and for not coin in the lord seize and let to  the defendant the plaintiff show that William Copley at the time of the death  of his ancestor and at the time of the proclamation make be beyond the sea and  so continue until James at which time he return and have notice of the death  of his ancestor tender his fine and enter and let to the plaintiff whereupon  it be demurrer the sole question be whether his be beyond the sea shall excuse  he of the forfeiture after argument at the bar the same day the court deliver  their opinion William Yelverton Fenner and Fleming hold that it be not any  forfeiture against the heir for he be beyond the sea shall not be intend to  have cognizance of that descent to he nor of the proclamation and therefore be  excusable as well as if be over the sea he shall be excuse from outlawry from  a descent which take away his entry and from a nonclaim upon a fine by the  commonlaw for as William say he be beyond sea it be not in his power to return  when he will and the law will not compel he to impossibility and the lord be  not at any mischief but may seize in the interim and take the mean profit and  shall not be responsible for they Fleming say the custom be unreasonable if it  shall bind person beyond sea therefore the law make a exception thereof and  for these reason they hold that the plaintiff shall recover croak throw but  croak puisne justice hold the contrary for it be quasi a condition annex to  his estate that he shall pay his fine after proclamation which not be pay his  absence beyond sea shall not excuse he no more than if a feoff have be upon  condition that the heir shall pay l within a year after the death of his  father although the father die his heir be beyond sea if he pay it not within  the year the condition be break and his be beyond sea shall not excuse he true  it be that powerless and impossibilitas in some case may excuse but here there  be not any such for he may by letter of attorney pray to be admit and although  it be a mischief to the heir yet it be a great inconvenience to the lord that  he by that mean shall not have his service during all that time also there do  not any cause of his absence appear as in service of the king or the like  which peradventure may make a difference but notwithstanding by the opinion of  the four justice judgement be then forthwith give because the lease be  determine the same day and execution award maintenance vide blow Henry c and  Henry c see Geo c S