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. XXII.

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Where the Lord shall take advantage before Present∣ment, or not.

*Presentment is not of necessity, but for the Lords better Instruction of the Title, and he may, if he will, take advantage of the For∣feiture before Presentment, Cro. El. p. 499. in East and Harding's Case. And therefore the distinction of Coke's Copy-holder is frivolous (except the Custom is so) though as for those Offences which by common presumption the Lord him∣self cannot have notice without notice given, are usually presented, as if a Copy-holder com∣mit Felony or Treason, or be Outlawed or ex∣communicate, a Presentment seems necessary that the Lord may have the profits of his Copy-hold Land. So if a Copy-holder alien by Deed, or do a thing notorious (as cutting down and selling of Trees of the Copy-hold Land by the Tenant,) its not material whether it be presented by the homage or not, 3 Keb. 641. Pascal and Wood's Case. The presentment is to give notice to the Lord, and not to intitle him, and he may take notice if he will, Lach. p. 227.

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