of Stepney and Hackney. 91

of Stepney and Hackney.

fore the End of the Court next after the Court, whereat the last of the said three Proclamations shall be made, to make his or their Claim, and prove himself, or themselves to the Homage of the Court, in such Sort as they or the greater Part of them shall allow of, to be the next Heir or Heirs of the whole Blood to the said Tenant deceased, or to have Title to the Lands and Tenements, nor to shew and prove as aforesaid, who is or ought to be next Heir or Heirs of the whole Blood to the said Tenant deceased, or next Heir or Heirs expectant, upon any Estate determined: Then the Lord of the Manour, whereof the same Land is holden for the Time being; shall and may after the next Court, next after the said three Proclamations so to be made, seize the Lands and Tenements, which were the said Persons so dying seized, whose next Heir or Heirs, or such as shall have Title thereunto cannot be found, or shall not come and make his or their Claim and Proof as aforesaid. And the same Lord then to take the Issues and Profits thereof to his own Use, until such Person or Persons come, that shall prove him or them next Heir or Heirs to the said Person or Persons so dying seized. And if none shall come in within three Years next after the third and last Proclamation made as aforesaid, that shall and can convey and prove him or them to be next Heir or Heirs of the whole Blood, or shew or prove, who is or ought to be next Heir or Heirs, or to have Title as next in Remainder or Reversion as aforesaid; that the said Lands and Tenements be forfeited, or shall escheat unto the Lord of the said Manour or Manours for the time being.

If no Heir or Heirs appear, the Lord may then seize the Land.

The Lord may keep it, until an Heir do come.

If no Heir come within three Years after the three Proclamations, then the Land shall escheat to the Lord.

Except, that if the said Land and Tenements shall or ought immediately to descend, remain, revert, come to any Woman Covert, or Infant within the Age of one and twenty Years, or to any Person of Persons being in Prison, or any Person or Persons not of Sanæ Memoriæ, or that shall not be within the Realm at the Time of the Death of the said last Tenant dying so seized, or at the Time of the first, second or third Proclamation to be made as aforesaid, that there, in every such Case, the Lord (for the Time being) shall have but the Profits of the said Lands and Tenements, until such Persons, or his, her or their Heir or Heirs shall come and make their Claim: So that the said Claim be made by the said Woman, or her Heirs, within five Years next after the Death of her said Husband, or by her Husband and her self during the Time of her Coverture: And by such Person being within Age, or his Heirs, before he shall or should accomplish his full Age of one and twenty Years: And by the Person of Non sanæ Memoriæ, within five Years, next after he shall recover, and be of sanæ Memoriæ; and by the Heir of such Person of Non sanæ Memoriæ, within five Years next after the Death of his said Ancestor, or before: And by the said Person that shall so be out of the Realm, or his Heirs, within five Years after he shall return; or if he shall not return, within five Years after his Death: And by the said Person or Persons in Prison, within one whole Year next after his or their Enlargement from such Imprisonment.

1. Except Women covert baron.

2. Infants within Age.

3. Prisoners.

4. Persons Non sanæ Memoriæ.

5. Persons out of the Realm.

Five Years Limitation to make the Claim in.


No Dower for Women, nor Courtesie of England for Men.

 

ITem, in the said Manours, or either of them, Women ought not to have Dowers of any customary Lands or Tenements within the Manours aforesaid, nor any of them: Nor Men to have any Estate as Tenants, by the Courtesie of England.


Estates of Inheritance shall descend according to Gavelkind.

 

ITem, if any shall be seized of any customary Lands or Tenements, holden of the said Manours, or of either of them, of an Estate of Inheritance and shall have two Sons, or three Sons, or more: Or having no Sons, shall have divers Daughters: Or having neither Sons nor Daughters, shall have divers collateral Heirs in one nearness of Blood; or that are to make their Resort, from those that were of the same Nearness of Blood to the Tenant dying: They shall be all Co-heirs to their said Father, Mother, or other Ancestor, touching the said customary Lands and Tenements, according to the Custom of Gavelkind.


Touching Descents where the Tenant left Issue.

 

ITem, if any Man or Womtn die seized (as aforesaid) of any customary Lands or Tenements of any State of Inheritance, holden of the said Manours, or of any of them, and shall have Issue two or three Sons, or more, whereof one or two or more of them shall be married, and have Issue in the Life of their Father or Mother, and shall die before his or their Father or Mother: Or having no Sons, shall have divers Daughters, whereof one or more shall be married and have Issue, and die in the Life of the Father or Mother; that then the said Issue shall inherit, and be Co-heir with the said Son or Sons, Daughter or Daughters that shall survive his, her, or their said Father or Mother, that so shall die seized as is aforesaid; whether the said Issue be Male or Female, according to the Custom of Gavelkind.


How Lands shall descend to those of the whole Blood, where the Tenant left no Issue

 

ITem, if any Person or Persons die seized as aforesaid, and shall leave behind him neither Son nor Daughter; then the next of his or their Kin (being of the whole Blood) shall be Heir or Heirs to the said Person or Persons so dying seized: that is to say, his, her, or their Brother or Brothers, Brother or Brothers Children, or Childrens Children, according to the Custom of Gavelkind, &c. as long as any of that Issue shall be alive, being of the whole Blood. And in Default of such Issue, the Sister and Sisters Children, according to the Custom of Gavelkind, &c. so long as any Issue shall be alive, and of the whole Blood. And for lack of such Issue; the Uncles and their Issues, being of the whole Blood, so long as any Issue shall be living. And in Default of such Issue; the Aunts and their Children, so long as any shall be living of the whole Blood. And for lack of such Issue, the next of Kin of the whole Blood, according to Custom of Gavelkind.


Males and Females of one womb, cannot join to be Co-heirs.

 

ITem, if any Person so dying seized as aforesaid, without Issue of his Body, and having divers Brothers of the whole Blood, whereof the one or some of them shall have been married, and shall have Issue, and after Issue had, shall die, before the said Brother dying seized, as aforesaid; that then the Issues of the said Brother or Brothers, so dying before that died seized, as aforesaid,

shall