|Suburbs. The Customs and Orders ||94
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
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
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,
or tendering to the Lord or his Reeve, Fine or Fines for the same (according to
meaning of these Scedules) shall and may into such Lands, Tenements, or
Hereditaments, so surrendered or descended, respectively enter; and the same
have, hold, and enjoy as freely, and in such Sort, as if he or they had been
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
Widowhood, not altering the Estate of the Inheritance; then for the Fine of the
any Admittance thereupon; there shall be paid but half a Fine for the same
surrendered: That is to say, half so much as one Person should pay upon
according to the true meaning of these Scedules. And the like is to be used,
Husband and Wife make a Surrender of the Lands of the Wife; to the End only, to
an Estate thereof to the Husband jointly with his Wife, or to the Husband for
his Life in Possession or Remainder. And likewise (by the said Custom) for
Tenant that shall not be admitted in Reversion or Remainder expectant, upon the
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,
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
such Surrender or Bill, four Pence, and every of the said six Tenants, and also
Headborough or Reeve (which shall be at the taking of any Surrenders as
ought to have four Pence apiece of the Parties that make the Surrender, if the
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
apiece, and their Charges, if they shall go further off. And the Party that
said Surrender, ought to give to the said Tenants four Pence, beside the said
which four Pence is to be delivered with the said Surrender; or else he that
the said Surrender, without the said four Pence, shall pay if of his own Purse
Taking Surrenders out of the Manours.
Though an Heir be admitted, yet upon a new Claim, the Homage shall enquire,
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
by the Homage, and after is or are admitted to the Lands or Tenements of the
Copyholder, and at that Time no other Heirs shall be known. And after if shall
that one or other cometh, and claimeth to be Co-heir with the said Heir that is
then the Homage ought thereof to enquire; and if they find his Claim true, they
present the same. And then he or they so claiming, shall be likewise admitted,
his Fine, and have his Part of the Premisses, notwithstanding the former
Where Tenants are admitted, and after that another claimeth the whole: The
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
as shall be supposed, or to him surrendred by any other Person, and after that
another Person or Persons, who pretendeth a Title to the whole Premisses, or any
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
Person or Persons shall claim as in the next precedent Article. And yet if any
require the Homage, to find whether he or they were the Son or Daughter, or Sons
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,
seized of the Lands then in Question: The Homage ought therein to present the
But not to present, whether he or they ought to have the Premisses, or any Part
to the which another Person is already presented. But in such Case, he or they
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,
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
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
upwards; he is to be admitted in his own Person, within a convenient Time after
they shall be presented. Or else if he or they be under the Age of fourteen
to come and take it up by his Gardian, until he be of the Age of fourteen Yeats,
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
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.