|of Stepney and Hackney. ||91
fore the End of the Court next after the Court, whereat the last of the said
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
shall allow of, to be the next Heir or Heirs of the whole Blood to the said
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
Tenant deceased, or next Heir or Heirs expectant, upon any Estate determined:
Lord of the Manour, whereof the same Land is holden for the Time being; shall
may after the next Court, next after the said three Proclamations so to be made,
Lands and Tenements, which were the said Persons so dying seized, whose next
or Heirs, or such as shall have Title thereunto cannot be found, or shall not
make his or their Claim and Proof as aforesaid. And the same Lord then to take
Issues and Profits thereof to his own Use, until such Person or Persons come,
shall prove him or them next Heir or Heirs to the said Person or Persons so
seized. And if none shall come in within three Years next after the third and
Proclamation made as aforesaid, that shall and can convey and prove him or them
next Heir or Heirs of the whole Blood, or shew or prove, who is or ought to be
Heir or Heirs, or to have Title as next in Remainder or Reversion as aforesaid;
said Lands and Tenements be forfeited, or shall escheat unto the Lord of the
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
remain, revert, come to any Woman Covert, or Infant within the Age of one and
Years, or to any Person of Persons being in Prison, or any Person or Persons not
Sanæ Memoriæ, or that shall not be within the Realm at the Time of
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
Time being) shall have but the Profits of the said Lands and Tenements, until
Persons, or his, her or their Heir or Heirs shall come and make their Claim: So
said Claim be made by the said Woman, or her Heirs, within five Years next after
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
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
And by the said Person that shall so be out of the Realm, or his Heirs, within
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
Enlargement from such Imprisonment.
1. Except Women covert baron.
2. Infants within Age.
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
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
and shall have two Sons, or three Sons, or more: Or having no Sons, shall have
Daughters: Or having neither Sons nor Daughters, shall have divers collateral
one nearness of Blood; or that are to make their Resort, from those that were of
same Nearness of Blood to the Tenant dying: They shall be all Co-heirs to their
Father, Mother, or other Ancestor, touching the said customary Lands and
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,
one or two or more of them shall be married, and have Issue in the Life of their
or Mother, and shall die before his or their Father or Mother: Or having no
have divers Daughters, whereof one or more shall be married and have Issue, and
the Life of the Father or Mother; that then the said Issue shall inherit, and be
with the said Son or Sons, Daughter or Daughters that shall survive his, her, or
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
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
(being of the whole Blood) shall be Heir or Heirs to the said Person or Persons
dying seized: that is to say, his, her, or their Brother or Brothers, Brother or
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
Issue, the Sister and Sisters Children, according to the Custom of Gavelkind,
long as any Issue shall be alive, and of the whole Blood. And for lack of such
the Uncles and their Issues, being of the whole Blood, so long as any Issue
living. And in Default of such Issue; the Aunts and their Children, so long as
be living of the whole Blood. And for lack of such Issue, the next of Kin of
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
some of them shall have been married, and shall have Issue, and after Issue had,
die, before the said Brother dying seized, as aforesaid; that then the Issues of
Brother or Brothers, so dying before that died seized, as aforesaid,