Jurisdictions, Part 108
Fine.
Where it ſhall be paid by Copy-holder, that I have ſeen uſed, is as inſues.
NOte, that it is commonly ſaid, and the ground of paying Fines is, that a Fine is due to the Lord upon every alteration, and change of Tenant, that is to ſay, upon every admittance of every new Tenant, to the Lord by copy, as upon every alienation by ſurrender, and admittance upon that, and upon every diſcent and admittance upon that, alſo if a Copy-holder ſurrender into the hands of the Lord to the uſe of diverſe and their Heires, as to 2.3. or 4. and their Heires, upon the admittance of them the Lord ſhall have but one Fine, for it is but one ſurrender and one admittance of a Tenant, and upon the death of the Survivor, and the admittance of his Heire, then an other Fine, ſo that the Fine is to be adjudged, due alwaies upon admittance of Tenant and not without admittance.
And for that if two be admitted and one dies, the other ſhall have his part by Survivor without new admittance, and ſhall not pay a Fine.
Alſo where a Surrender is made to the uſe of a Husband and his Wife, and to the Heires of the Husband, upon their admittance the Lord ſhall have but one Fine, for it is one ſurrender, and both are but one new Tenant, and after the death of the Husband and the Wife, upon admittance of the Heire of the Husband, the Lord ſhall have another Fine.
Alſo where a ſurrender is made to one for life and after his death, the remainder to another, and the Heires of his Body begotten, and for default of ſuch Iſſue, remainder to a third and his Heires; in this caſe admittance of the Tenant for life, veſts the remainder in the others, and divers learned Stewards take but one Fine only of admittance of a Tenant for tearme of life, and nothing of thoſe two in remainder, when the Remainder falls, but I have ſeen that every one in the remainder, when they come to the Land ſhall make Fine, though it be not the whole fine but a halfe, and every one is admitted when a remainder falls, but it need not, for by the admittance of the Tenant for life, the remainder is ſo veſted that he in remainder need no other admittance, and they are but one Eſtate and one ſurrender, the ſame Law is where there is a ſurrender to one for life, the remainder to another and his Heires, there ſhall be but one Fine. But then it is good, that both be admitted together according to the ſurrender, at the time of the ſurrender made.
Alſo where one out of the Court by cuſtome, ſurrenders into the hands of two Tenants to the uſe of himſelfe for life, and after his death to the uſe of J.S. and his Heires, and dies before the next Court, and then all this is preſented at the next Court, he in the remainder ſhall be admitted, and pay but one Fine, for it is impoſſible to admit one which is dead, and by the act of God his Fine is gone, and now there is but one to be admitted, and upon one ſurrender, and one being to be Copy-holder ſhall be paid but one Fine.
Alſo where a Copy-holder is admitted upon ſurrender he ſhall pay a Fine, but if it be ſo that he have common recovery in plaint, in nature of a VVrit of entry in the (Poſt) upon his better aſſurance, and for to defeat an eſtate taile, thoſe which recover have Seiſin by command (by Habere facias Seiſinam) and alſo they are in, in the (Poſt) and by the recovery, and for that no Fine ſhal be there payd to the Lord but one, for the recovery was alſo but for further aſſurance, and the ſurrender and all make but one Tenant by Copy, and ſo there is due but one Fine.
Alſo where the cuſtome is, that for every Cottage and for every Houſe, the Lord ſhal have upon every alteration and admittance of Tenant, for one Fine three ſhillings, and there is a Cottage or a Houſe is decayed, it is called a Home-ſtall, and by the cuſtome alſo, for every Home-ſtall he ſhall pay for a Fine three ſhillings there, if the Tenant makes of one Houſe two Houſes or build a new Houſe, he ſhall not pay a Fine for theſe new Houſes, nor for two Houſes, which before was but one, for the preſcription doth not hold place, but for the old Houſes.
Alſo where the cuſtome is, that for a Fine for a licenſe to let for yeares, the Tenant ſhall pay for every Houſe, which the Tenant lets for every yeare that he hath licenſe, foure pence, there if he make of one Houſe diverſe Cottages, as of Barnes and Stables, diverſe Cottages there for licenſe to let his Houſe, he ſhall pay but foure pence for every yeare that he hath licenſe to let the whole, and not for divers Houſes, for otherwiſe the preſcription doth not hold place.
Alſo if Tenant for life, and he in remainder or reverſion, ioyne in a ſurrender to one and to his Heires, he to whoſe uſe the ſurrender is made, ſhall pay but one Fine, for it is but one admittance and not ſeverall, and one ſurrender and not ſeverall, and there is but one Tenant admitted, the ſame Law, where two Joynt-Tenants, two Tenants in Common, or two Coparceners, ſurrender to one and his Heires, ſhall be payd but one Fine.
Alſo a woman is marryed a Virgin, ſhe ſhall have all for her Dower by the cuſtome, there it is uſed ſhe ſhall pay a Fine, and it is reaſon, for that ſhe is admitted, the ſame Law is where a VVoman hath a third part by the cuſtome for Dower, but it is uſed commonly within Mannors, to pay but halfe a Fine, which is paid for Inheritance; but the cuſtome of the Mannor is to be conſidered in this caſe.
If a Copy-hold be ſurrendred upon condition, and the condition is broken, he which ſurrenders may re-enter without paying Fine or new admittance.