Barnardiston chamberlain and simons July the bill set forth that in the manor  of Kilpech in the county of Hereford there be a custom to the follow effect  that the tenant of that manor have usual have grant make to they of their  estate by Copy of courtroll for the term of ninetynine year by the word  Himself Suis that these estate have usual descend to their heir and that the  tenant have a right to renew these estate of the Lord from time to time pay a  fine of two year reserve rend or a fine not exceed two year value of the land  the bill charge that the plaintiff be tenant of this manor under these grant  that Symonds the defendant be Lord of this manor thereupon the bill be bring  by the tenant against Symonds who be tenant for life of this manor and against  his son who be remainderman in tail in order to have the custom establish this  be the nature of the bill as it be now bring to hear under a amendment but as  the bill be original draw the custom be set forth to be that the tenant have  this right of renewal on pay a reasonable fine the defendant by their answer  admit that by the custom of the manor the estate do descend from the tenant to  their heir under a grant by Copy of CourtRoll make to they for the term of  ninetynine year by the word Himself Suis but deny that the tenant have any  right to compel the Lord to renew and that such renewal be mere voluntary  after the answer be put in Symonds deliver a ejectment against such of the  tenant who lease have run out and thereupon a order be make that proceed shall  be stay in those ejectment upon those tenant consent to deliver possession to  Symonds at the hear of the Cause in case the court shall then be of opinion  that the plaintiff have no right to renew this Cause come now on to  Barnardiston hear the nature of the evidence on the part of the plaintiff be  to the follow effect on the that of December in the that of car at a court  hold for this manor the jury pray the assent of the Lord to several custom of  a long time use enumerate they in particular and among these custom there be  this to the follow effect the customary tenant necessary shall have their  estate grant to they by Copy of courtroll for ninetynine year and after the  expiration thereof those estate shall be renew from time to time pay to the  Lord a rend of two year to this request of the tenant the Lord give the follow  answer some of the custom be abrogate by statute some be dubious but those  custom which have be observe time out mind shall be adhere to this part of the  evidence appear to be enter on the roll of the manor and be the only write  evidence the plaintiff have to support the custom in the bill but beside this  there be the evidence of three witness one of which swear that he have hear  the tenant have a right to have their estate renew the second swear that they  have a right to have they renew on pay a reasonable fine and the three swear  that the evidence on the part of the defendant swear that upon the surrender  of their lease the tenant have indeed frequent re Barnardiston er p newals  make of their estate but that the fine on those renewal be extreme various and  many of they exceed the two year ancient rend the attorneygeneral argue on the  part of the plaintiff and to show that this custom have be establish in a  manor adjoin to this if not hold of it he cite Chan Rep Mr Willbraham argue on  the other side and to show that the plaintiff have not make a case strong  enough even to have a issue direct he cite the case of Lord Abergavenny and  Thomas determine by his lordship Barnardiston Lord chancellor say that his  opinion be there be no foundation in the present case to direct such issue and  that the bill must be dismiss with cost he say in the duke of grafton case the  house of lord be of opinion that no such issue shall be direct and there the  evidence on the part of the tenant be strong than here it S as the bill be at  first bring the custom be lie to be that the tenant have a right to have those  estate renew on pay a reasonable fine but there can be no such custom it be  uncertain what a reasonable fine in such case S in the bill that be now bring  to hear the custom indeed be amend in this respect and lie to be that the  tenant be entitle to such renewal on pay a fine of two year ancient rend or a  fine not exceed two year value of the land however though this bill be thus  amend his lordship say his opinion be that the bill must be dismiss  notwithstanding that which give rise to this bill be the entry upon the roll  the that of December car but that entry be by no mean strong enough to support  the case of the plaintiff by that entry the jury do not present upon their  oath what the custom be but only pray the Lord to assent to the custom of a  long time use enumerate they in particular and among the rest the custom  relate to the present matter to this request of the jury the Lord give a very  reasonable and proper answer but the consequence of that answer be that no  evidence at all arise in favour of the plaintiff from the entry the only  remain evidence offer for the plaintiff be the deposition of the three witness  but not one of those witness mention any one instance of a renewal of those  lease on the payment of two year ancient rend or of a fine not exceed two year  value of the land those witness mere speak to hearsay and Belief whereas a  custom must be support by instance of fact nor have the plaintiff show any one  instance of a renewal of those lease mere on the expiration of the term as  Barnardiston these observation arise on the evidence give for the plaintiff so  the evidence offer for the defendant be absolute inconsistent with the custom  of renewal upon the term which the plaintiff pretend to for those instance  manifest show that various fine have be receive of the tenant at different  time great exceed the two year value of the ancient rend and no evidence offer  to show but they even exceed the value of the two year improve rend the only  matter remain with regard to those tenant who enter into a order by consent to  deliver possession in case the court shall be of opinion that there be no such  custom of renewal as set forth in the bill and those tenant must be direct to  deliver up possession and so his lordship be please to decree accord