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. XXXIII.

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Who may be admitted to give Evidence.

The Steward,* though he had a Fee for Ad∣mittance may be a Witness, 3 Keb. Champion's Case.

To prove a Custom,* That a Copy-holder may cut Trees, a Copy-holder that had not but a Kettle may be a Witness, 2 Siderfin p. 7.

The Lord may be admitted to give Evidence for the Lessee or Copy-holder,* though the Court would have spared him, had there been other, 1 Keb. 15. Gerrard and Lister.

Page 310 *Proof of the Plaintiff Tenant of the Manor, was by Court Leet Books, by presentment of the Homage, and not per Juratores, of any cer∣tain place, and so it was supplied by Witness; this was in a Case of Fishing.

*By consent, the Jury had a Copy of Court Roll given by the Plaintiff in Evidence, 1. Keb. 22. in Trowel's Case.

In Ejectment the Defendant pleaded a Sur∣render of a Copy-hold, by the Hands of F. then Steward of the Manor. Issue was joyned absque hoc,* That he was Steward: Per Curiam, this is no Issue, for the Traverse ought to be general, That he did not Surrender, for if he were not Steward, the Surrender is void; Re∣pleader was awarded, Cro. Eliz. 160. Wood and Butts.

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