case Perkins against Titus a custom of a manor that every tenant who shall be  admit to any copyhold estate shall pay a year value for a fine accord to the  value of the land at the time of admission be good for though it be uncertain  what the value may be yet it may be reduce to a certainty by a jury SC lev SC  comb SC Carth SC skin SC show SC lily Ent post   light kit Bulst cro Elizabeth  Noy more   hob Chan Rep Prec Chan Com dig stram stram burr ld ray ld ray Prec  Ch Bac Abr Peer wms dougl notorious facts a writ of error be bring to reverse  a judgement give in the common plea in replevin for take of the plaintiff  sheep the defendant avow the take damage pheasant the plaintiff reply that the  land where c be copyhold hold of the manor of Busby in the county of Hertford  the custom whereof be that every tenant of the say manor who admission foret  to any copyhold estate shall pay a year value of the land for a fine as the  say land be worth tempore admission modern the defendant demurrer the question  be first whether this be a good plea or not as it be plead second if it be  good as plead then whether such a custom may be support by law for the  plaintiff in the writ of error it be now and in Michaelmas term follow argue  that it be not a good custom the substance of the argument be that fine be  either certain or uncertain those which be uncertain be arbitrary and  therefore can be due of common right nor by custom for there can be no custom  for a uncertain fine and such be his fine for the value of the land can be  know because as this custom be plead it do not appear whether it shall be a  year value pass or to come at the time of the admittance of the tenant a  custom to assess the pure milk of reason containing ten each top for a fine  upon a admittance that be to say be two year rend of a tenant of the yearly  value of fiftythree shilling and fourpence be no good custom   but see the  case of grant v astle that two year rend without any deduction for the landtax  be fix as the sum assessable for a arbitrary fine on admission to a copyhold  estate dougl a a lease be make for so many year as a three person shall name  this be altogether uncertain but when the term be name then it be a good lease  but this can be do but once Fitzherbert Abr b how can this fine be assess it  can be by jury for then it stand in need of the commonlaw and will be  therefore void for a custom must have nothing to support it but usage neither  can this be a good custom as it be plead because all custom be make up of  repeat act and usage and therefore in plead they it must be lie time out of  mind which be not do here for admission foret have a respect to future  admission and be not to those which be pass again here be no time lie when  this fine shall be pay for it be say who to hold who admission foret c to  loosen of such size containing ten each top quantum terre to be strong per  annum tempore admission c which last word must be take to relate to the value  of the land and not to the time when the fine shall be pay so that if there be  such a custom which be law loci and not full set forth and express the  commonlaw will not help it by any construction second point whether such a  custom can be good by law and they argue that it can where the fine be certain  the lord may refuse to admit without a tender of it upon the prayer of the  person to be admit but where it be uncertain the lord be first to admit the  tenant and then to set the fine   b therefore if the lord of a manor refuse to  admit a person to who a copyhold be surrender on account of a disagreement  respect the fine to be pay the court will grant a mandamus to compel the lord  to admit without examine the right to the fine for no right to the fine can  arise till admittance king v steward of Hendon term Rep a the reasonableness  modern er p whereof be to be modern determine by judge before who the case  shall depend or upon demurrer or by a jury upon proof of the yearly value of  the land stram b but for nonpayment of a unreasonable fine the lord can enter  see the case of dow v Golding cro car Dalton v Hammond cro Elizabeth and the  statute Geo c term Rep c the law admit of no custom to be good but such as be  very certain for uncertainty in a custom as well as in a grant make both void  and therefore it be hold a void custom for a infant to make a feoff when he  can measure a ell of cloth roll Abr   Davies Rep d it may be object that  cerium be quod that which is fixed To give back to be able the meaning of  which say must be quod cerium To give back to be able by something which be  certain for if this rule shall be take to be a answer to uncertainty it will  destroy all the book which say a custom must be certain I Bl Com e the law be  very clear that a custom be void for the uncertainty therefore this custom  must be void for the value of land be the most uncertain thing in nature and  therefore perjury will not lie for swear to the value Fitzherbert Abr bar roll  Abr Mod Mod ld ray f full sergeant and Mr finch contra the chief objection be  the uncertainty of this custom now if a custom as uncertain as this have be  hold good in this court it be a good authority to support this custom and as  to that it be say that a custom for a person who a copybolder shall name to  have his land after his death and that he shall pay a fine for his admittance  and if the lord and tenant can agree about the fine that then the rest of the  tenant shall assess it this be adjudge a good custom by the court of common  plea and affirm upon a writ of error in this court it be the case of crab v  Bevis cite in the case of warn v sawyer Adjournatur afterward the first  judgement be affirm and all the court hold the custom to be a good custom