Suburbs. Customs and Orders 92

Suburbs. Customs and Orders

shall join and be Co-heir with his Brother or Brothers, that surviveth the Brother that so died seized, as aforesaid, whether the said Issue be Males or Females. But Males and Females of one Belly or Womb, cannot join to be Co-heirs together: So that the Course of Descents is to be observed by the said Custom, according to the Custom and Nature of Lands in Gavelkind.


Touching Descents.

 

ITem, likewise shall the Issue of the Daughter, that shall die in the Life of the Father or Mother, be Co-heir with the Aunt that liveth, being of the whole Blood.


Descents.

 

ITem, likewise, shall the Uncles, and the Uncles Brothers Children (being of the whole Blood) be Co-heirs together as aforesaid.


Descents.

 

ITem, likewise shall the Aunts, and the Aunts Sisters Children join and be Co-heirs as aforesaid, and so forth of all other further Degrees, of all Collateral Heirs, being of the whole Blood, which may convey themselves to be any Cousins, and Heirs of the whole Blood to any Person or Persons dying seized of any of the aforesaid customary Lands or Tenements, according to the Custom of Gavelkind.


How Copy-holders of Inheritance may surrender.

 

ITem, by the Custom of the said several Manours, every Copyholder of Inheritance in fee-simple, may surrender his said Copyhold Lands and Tenements, or any Part or Parcel thereof unto the Lord, to the Use of any Person or Persons, and to his and their Heirs for ever, or to his or their Heirs of his or their Bodies, or any otherwise in Taile, or for Life, or Lives, or Years, or to any Person or Persons, and his or their Heirs: To the Intent the said Copyhold Tenant may declare his last Will and Testament upon the same Lands and Tenements, or to any other Use or Uses, unless it be to any Corporation or Corporations, or Bodies politick or corporate. And every Copyholder in Taile, or for Life, Lives or Years, of either of the said Nanours, may in like Manner (by the Customs of the said Manours and of either of them) surrender their Copyhold Lands, Tenements or Hereditaments, or any Part thereof, according to the nature of their Estates: so the same Surrender be made according to the Custom concerning Surrenders, as afore in these Presents is specified, or hereafter ensueth. And all the same Persons, to whose Use every Surrender shall be made, are to have their Copies made to hold of the Lord by the Rod, according to the Custom of the Manour, whereof they have been holden by the Rents and Services therefore due and accustomed. Upon every of which Surrender, the Fine and Fines for the same hereafter expressed, is by the said Custom to be paid, and to be entred into the several Copies or the Margents of them.

See more in the first Article, and in the 20 and 21 Articles, &c.

The Fines must be entred into the Copies: See Article 29.


Surrenders taken by the Headborough or Reeve, in Presence of six Tenants.

 

ITem, by the Custom of the said Manours, and of either of them; every Surrender taken out of the Court by the Headborough or Reeve, or his Deputy, and in the Presence of six customary Tenants of the Manour, of which the said Lands or Tenements surrendered shall be parcel, witnessing the same Surrender of any Person or Persons, of his or their customary Lands or Tenements, holden of the said Manours, or of either of them. And being of the full Age of one and twenty Years, or upwards (except Women Covert-baron, and such as are not of perfect Mind) to the Use of any Person or Persons; are, and ought to be as good, as if it were taken in open Court by the said Steward of the Manours, or of either of them; so that such Surrender be by the Homage presented, as hereafter followeth.


Surrender of Women Covert-Baron, in Extremity of Sickness.

 

ITem, the Surrender by a Woman Covert-baron, being of the Age of one and twenty Years, made together with her Husband, of the Lands, Tenements, or Hereditaments, whereof She is seized or estated; is, and shall be a good Surrender of her Lands, Tenements, and Hereditaments, whereof she is seized and estated: and shall be a good Surrender of the Lands, Tenements, and Hereditaments, holden of the said Manours, or of either of the same: the same Surrender being made in her Extremity of Sickness, or Likelihood of Death, by the Acceptance of the Reeve of the Manour, whereof the Lands and Tenements so surrendered, are parcel, and his Deputy, ot either of them, in the Presence of six customary Tenants, or by the Acceptance of the Headborough, in the Presence of six customary Tenants. But if any such Woman Covert-baron, so surrendring, do after that recover her Health, and do not at the next general Court then following ratifie and confirm the same, before the Steward or his Deputy, in the Presence of the Homage, then the same Surrender is and shall be void. And all other Surrenders made by any Woman Covert-baron, except before the Steward of the Manour, or his Deputy, where she shall be solely examined, or in Extremity of Sickness, as is aforesaid, are and shall be void.

Concerning the Womans Recovery of her Health.

All other Surrenders by by Women Covert-baron.


All Surrenders taken by the Reeve or Headborough, must be presented at the first or second next general Court.

 

ITem, all Surrenders taken of Women, as aforesaid, or of Men by the Reeve, or his Deputy, or by a Headborough for the time being, and in the Presence of six customary Tenants, as aforesaid; shall be, and ought to be, by the Homage presented, at the first or second next general Court, holden for the Manour whereof the same is holden, after the taking thereof; or within one Year and a Day next after the taking of the same Surrender, if any such general Court be holden within a Year and a Day next after the same Surrender so taken. Or else if no such general Court be holden within a Year and a Day; then to be by the Homage presented at the next general Court, to be holden for the same Manour, next after the same Year and Day; is and shall be a good Surrender, as if the same had been taken by the Steward or

Deputy