case TREDWAY versus FOTHERLEY novemb Eq can ab pl S c skin S p copyholder in  fee make a conditional surrender for secure a sum of money at the end of six  month money not be pay and mortgagee Willing to continue his money they desire  the lord that the old surrender may be take up and a new one make for six  month long but the lord insist the mortgagee shall come in and be admit and  pay a fine of two year value equity will not relieve against the lord the  plaintiff be a copyhold tenant of inheritance in the manor of Rickmondsworth  in Hertfordshire of which the defendant be lord and to secure pound Vernon  chancery case borrow of grove surrender to he his copyhold to be void if repay  in six month at the end of the six month the mortgagee be Willing to continue  his money out Vernon chancery case er p that security desire the old surrender  may be take up and a new one make for six month long but the lord refuse to  accept the new surrender but insist the time for payment upon the first  surrender be elapse grove the mortgagee ought to come in and be admit and take  up the estate and pay a arbitrary fine of two year value and for that purpose  call court and cause proclamation to be mad c but before the three court the  bill be exhibit complain of this as a unjust proceed in the lord to gain to  himself a arbitrary fine and to oppress his tenant and to enforce grove to  take the advantage of the forfeiture of the mortgage though he do not desire  it but be Willing to accept of a new conditional surrender the court refuse to  make any decree in favour of the plaintiff save only to try it at law if he  think fit whether the lord be by the custom of the manor bind td renew the  surrender or to accept the second surrender if not although a hard case yet be  not to be relieve in equity this be the opinion of the court the matter be  afterward end by compromise and a fine of pound pay to the lord though estate  be per and yet if copyholder shall sue by petition in the lord court upon  which the lord shall give judgement though no appeal or writ of error will lie  of such judgement the court of chancery will correct the proceed in case any  thing be do therein against conscience per Parker Ch just Christian v corren p  wms et vide Cowper v clerk p wms that there be case in which equity will  relieve against forfeiture of copyhold vide sir harry peachy v duke of  Somerset pre Ch but it will not where the forfeiture be find so at law unless  where compensation can be make ibidem