Suburbs. The Customs and Orders 94

Suburbs. The Customs and Orders

If the Lord refuse to admit then, &c.


ITem, if the Lord or Lords of the said Manours, or either of them, or his or their Steward (for the time being) shall refuse to admit any Person or Persons, to whom or to whose Use such Surrender (as in the precedent Article is expressed) shall be made, or shall refuse to admit such Person or Persons, to whom any of the said Copyhold, or Customary, or reputed Copyhold, or customary Lands, Tenements, or Hereditaments shall descend, according to the Custom of the said Manours, and true meaning of these Scedules: Then the Person so not admitted, paying or tendering to the Lord or his Reeve, Fine or Fines for the same (according to the true meaning of these Scedules) shall and may into such Lands, Tenements, or Hereditaments, so surrendered or descended, respectively enter; and the same quietly have, hold, and enjoy as freely, and in such Sort, as if he or they had been thereunto lawfully admitted, and not otherwise.

Surrender to make the Wife a Jointure.


ITem, if any Man make a Surrender, only to the Intent to make his Wife a Jointure, or to assure it to his Wife for Term of her Life, or during her Widowhood, not altering the Estate of the Inheritance; then for the Fine of the same, or any Admittance thereupon; there shall be paid but half a Fine for the same things so surrendered: That is to say, half so much as one Person should pay upon Admittance, according to the true meaning of these Scedules. And the like is to be used, where the Husband and Wife make a Surrender of the Lands of the Wife; to the End only, to make an Estate thereof to the Husband jointly with his Wife, or to the Husband for Term of his Life in Possession or Remainder. And likewise (by the said Custom) for every Tenant that shall not be admitted in Reversion or Remainder expectant, upon the Estate of any particular Tenant for Life, in Taile or for Years, granted by the Copy; the same is but half so much as it is upon other Admittances, upon Alienations, Surrenders, or dying seized as aforesaid.

Concerning Tenants not admitted, &c.

Duties to the Homage and Tenants for Bills and Surrenders.


ITem, every Person that exhibiteth or delivereth any Surrender, or Bill to the Homage, ought to give and pay to the same Homage, for every such Surrender or Bill, four Pence, and every of the said six Tenants, and also the Headborough or Reeve (which shall be at the taking of any Surrenders as aforesaid) ought to have four Pence apiece of the Parties that make the Surrender, if the same Surrender be taken within the said Manours, or in either of them. But if they go out of the said Manours, or either of them, for the taking of the same; then to have eight Pence apiece, and their Charges, if they shall go further off. And the Party that procureth the said Surrender, ought to give to the said Tenants four Pence, beside the said Fees; which four Pence is to be delivered with the said Surrender; or else he that bringeth in the said Surrender, without the said four Pence, shall pay if of his own Purse to the Homage.

Taking Surrenders out of the Manours.

Though an Heir be admitted, yet upon a new Claim, the Homage shall enquire, &c. for a Co-heir.


ITem, if it chance at any Time, upon the Death of any Copyholder, or customary Tenant, that there is an Heir or Heirs found, and presented by the Homage, and after is or are admitted to the Lands or Tenements of the said Copyholder, and at that Time no other Heirs shall be known. And after if shall chance that one or other cometh, and claimeth to be Co-heir with the said Heir that is admitted; then the Homage ought thereof to enquire; and if they find his Claim true, they ought to present the same. And then he or they so claiming, shall be likewise admitted, and pay his Fine, and have his Part of the Premisses, notwithstanding the former Admission.

Where Tenants are admitted, and after that another claimeth the whole: The Homage is not bound to enquire, but he is driven to his Suit.


ITem, if any Man be admitted to any Possession, or to any Reversion or Remainer of any Lands or Tenements, whether they be to him descended as shall be supposed, or to him surrendred by any other Person, and after that cometh another Person or Persons, who pretendeth a Title to the whole Premisses, or any Part thereof, and desireth that the Homage may enquire thereof: In this Case the said Homage is not bound thereof to enquire: but he or they are driven to his or their Suit or Plaint, whether his or their Title be right or wrong: Except in such Case, where any Person or Persons shall claim as in the next precedent Article. And yet if any shall require the Homage, to find whether he or they were the Son or Daughter, or Sons or Daughters of such a one or no, and the Homage knowing, or well informed of the Truth, that he or they shall be the Son, or Sons or Daughters of him or her, that dyed seized of the Lands then in Question: The Homage ought therein to present the Truth: But not to present, whether he or they ought to have the Premisses, or any Part thereof, to the which another Person is already presented. But in such Case, he or they shall be driven to his or their Suit or Plaint, as aforesaid; for Recovery of their said Right, if any Right they have. Except in such Case, where any Person or Persons shall claim, as in the next precedent Article.

How far the Homage are to present, and what not.

How Lands descended are to be taken up.


ITem, after the Death of every Person, being a customary Tenant of the said Manours, or of either of them; the next Heir or Heirs ought to come and take up the Lands and Tenements, whereof his or their Ancestors so shall die seized, of what Age soever he be. And if he or they be of the Age of fourteen Years or upwards; he is to be admitted in his own Person, within a convenient Time after he or they shall be presented. Or else if he or they be under the Age of fourteen Years; then to come and take it up by his Gardian, until he be of the Age of fourteen Yeats, as aforesaid, and so to pay for his Fine, according to the Rates expressed in these Scedules; and the Gardian to pay but three Shillings and four Pence at the most for his Fine for the Gardianship, or less, as the Steward or his Deputy shall think fit.

At fourteen Years he is to be presented and admitted in his own Person.

Under 14 Years by a Gardian.

Gardian three Shillings four Pence.