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. / by S.C., Barister at Law.
About this Item
Title
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. / by S.C., Barister at Law.
Author
Carter, Samuel, barrister at law.
Publication
London :: Printed by the assigns of Richard and Edward Atkins ... for John Walthoe and are to be sold in his shop ...,
1696.
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Subject terms
Copyhold -- Early works to 1800.
Conveyancing -- England -- Early works to 1800.
Conveyancing -- Early works to 1800.
Landlord and tenant -- England -- Early works to 1800.
Landlord and tenant -- Early works to 1800.
Link to this Item
http://name.umdl.umich.edu/A34802.0001.001
Cite this Item
"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. / by S.C., Barister at Law." In the digital collection Early English Books Online. https://name.umdl.umich.edu/A34802.0001.001. University of Michigan Library Digital Collections. Accessed June 7, 2024.
Pages
Of Fines reasonable.
* 1.1But where the Fines are uncertain, yet the Lord cannot exact excessive Fines; and if the Copy-holder deny to pay it, it shall be deter∣mined by the Opinion of the Judges before whom the matter depends, Hubbard and Hamon's Case, cited 1 Brownl. 186.4. Rep. 27. mesme Case, Co. Lit. 59, 60. To this purpose is Denny and Lemon's Case, Hobart, p. 135.
Copy-holder brought Trespass against his Lord. Defendant pleads he had admitted the Copy-holder, and had assessed a Fine of twen∣ty Nobles, and had appointed him to pay it to his Bayliff, at his House within the Manor
descriptionPage 161
three Months after, and alledged he had not paid it. The Plaintiff demurs,* 1.2 for that the Lord had not averred the Fine was reasonable. But Per Cur. the Lord is not bound to aver it, but it must come on the Copy-holders side, to shew the circumstances of the Case, to make it appear to the Court to be unreasona∣ble, and so to put it upon the Judgment of the Court; for the Fine in Law is arbitrary, and is due to the Lord of common Right, and it is only in point of excuse to the Te∣nant, if it be unreasonable, and the Court shall judge the unreasonableness of it. The Copy-holder if he be Defendant, may plead not Guilty, and then it shall come in Evidence whether the Fine were reasonable or not; and so is the Opinion of my Lord Coke, Comment upon Lit. Sect. 74. The reasonableness (saith he) shall be discussed by the Justices upon the true circumstances of the case appearing unto them, and if the Court where the Cause de∣pendeth, adjudgeth the Fine exacted unreaso∣nable, then is not the Copy-holder compella∣ble to pay it, for all excessiveness is abhorred in the Law.
It was argued in Wheeler and Honor's Case, That all Fines are reasonable, unless the con∣trary appear, 1 Keb. 154.