Lex custumaria, or, A treatise of copy-hold estates in respect of the lord, copy-holder wherein the nature of customs in general, and of particular customs, grants and surrenders, and their constructions and expositions in reference to the thing granted or surrendred, and the uses or limitations of estates are clearly illustrated : admittances, presentments, fines and forfeitures are fully handled, and many quaeries and difficulties by late resolution setled : leases, licences, extinquishments of copy-hold estates, and what statutes extend to copy-hold estates are explained : and also of actions by lord or tenant, and the manner of declaring and pleading, either generally or as to particular customs, with tryal and evidence holder may recieve relief in the Court of Chancery : to which are annexed presidents of conveyances respecting copy-holds, releases, surrenders, grants presentmets, and the like : as also presidents of court rolls, surrenders, admittances, presentments, &c.

Carter, Samuel, barrister at law.

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CAP. XVIII.

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Of Fines certain.

It was the Opinion of Richardson Chief Ju∣stice, There is scarce a Copy-holder in England but the Fines are uncertain; for (saith he) If the Rolls make it appear that at any time a greater and lesser sum was paid for a Fine, this makes the Fine uncertain; the ordinary course to search it is by Bill in Chancery, Lit. Rep. 252. It was but his private Opinion, for Fines are certain in great numbers of Manors: And I suppose he means as to Evidence; for in the Case of Allen and Abraham, 2 Bulst. 32. there is diversity between proof in case of Descents Page 160 and Purchase: The Case was this. Upon not Guilty in Ejectment, the matter upon the issue was about the Custom of a Copy-hold Ma∣nor, whether the Copy-holders upon their Ad∣mittances have used to pay Fines uncertain at the will of the Lord, or certain, i. e. the value of two years Rent? To prove the Fines un∣certain,* the Plaintiff shewed divers Court Rolls of Admittances upon Surrenders, and that the Fines taken by the Lord were not certain, but sometimes one, sometimes another: Per Curiam, To prove a Custom for uncertainty of Fines, and not to be certain two years Rent, there ought to be shewed Court Rolls,* and that in Cases of Descents; and that upon such Admit∣tances, they used to pay two years Rent, the proof ought to be in case of Descents; for in case of a Surrender or Purchase, the Lord may take what Fine he will: But such Fines are no proof to prove the taking uncertain Fines by the Custom, but the same ought to be in cases of Descents.

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