Suburbs. The Customs and Orders 98

Suburbs. The Customs and Orders

same Act or Acts so being done, shall not prejudice or be hurtful unto the next Person or Persons to whom the said Customary Lands or Tenements should or ought to remain, revert, or come, nor to the said Wife or her Heirs, not being Party in Court, or consenting in Court to the said Act or Forfeiture. Nor that the Lord of the said Manours, or of either of them, shall take any longer Advantage, Issues, or Profits of the same Copyhold Lands or Tenements, then during the Time of such Estates as aforesaid, of the Party committing, doing, or assenting to such Act or Acts. So that after his or their Decease, or Estates determined, the said Lands and Tenements shall remain, revert, or come to the next Person or Persons, or to such Person or Persons to whom the same should have come or remained, or go or revert immediately after such Estate or Estates ended or determined; as tho' there had been no such Act or Acts done, contrary to the Tenor or true meaning of these Presents, by any such Person or Persons.

Concerning the Wife and her Heirs.


Private Acts of Tenants, hurt not the Customs of the rest.

 

ITem, The particular or private Act or Acts of any Customary Tenant or Tenants of any of the said Manours, which shall happen to be done by, or between them, or any of them, and the Lord or Lords of the said Manours, or either of them, and his or their Reeve, or of either of them, contrary to the Articles and true Meaning of these Presents, neither doth nor shall extend to be construed to be a Breach of the ancient Customs of the said Manours, or of either of them, to the Hurt or Prejudice of the rest of the Customary Tenants, but of themselves only, doing the said particular Act.


Tenant for Life or Years, making waste, shall be fined by the Homage.

 

ITem, That if any Tenant for Term of Life, or Lives only, or for Term of Years of Customary Lands, shall make any waste, then he shall be fined by the Homage; the third Part of which Fine shall be to the Lord, and the other two Parts shall come to him in the Reversion or Remainder of the said Copyhold.


The Lord may distrain, but not seize.

 

ITem, The Lord, for non-Payment of Amerciaments, may distrain his said Tenants, Parties to these Presents, and avow for the same as for Rents: But he cannot seize any of his or their Customary Lands or Tenements, Parties to these Presents, for non-Payment thereof, until he be payed.


How Partition is to be made between Co-heirs, Joint-Tenants, or Tenants in common.

 

ITem, Upon the Admission of any Co-heirs, Joint- Tenants, or Tenants in common, if they cannot agree to occupy their Lands and Tenements, or to make Partition among themselves: then he or they that be grieved, may (by the Custom of either of the said Manours) have a Precept from the Steward, directed to seven Customary Tenants, or more, of the said Manours within which the said Lands and Tenements do lie: And they shall make Partition thereof, and the same Return to the Steward of the said Manours again, to be enrolled in the Court Rolls of the said Manours, whereof the said Lands or Tenements be holden. Whereupon the said Heirs shall go to the Steward of the said Manour, within which the said Lands or Tenements shall lie: and then elect and chuse their Parts in form following:

That is to say, The youngest Son to chuse first, and then he that is next to the youngest to chuse next, and so after that rate unto the eldest (how many soever) which Eldest shall chuse last. And likewise the same Order is to be observed amongst Daughters, if there be no Sons, and amongst all other Degrees of Heirs, touching the Customary Lands and Tenements holden of the said Manours, or either of them. And upon every such Partition, they shall pay for a Fine to the Lord, two Shillings and six Pence, or less, at the Discretion of the Steward, according to the Quantity of the Lands or Tenements so parted between Tenants in common and Joint-Tenants; for the like Fine the said Division to be by the said Tenants, without Election of the Parties themselves, but by casting of Lots, if they cannot otherwise agree.

The Manner of electing and chusing their Parts, either in Sons or Daughters.

Fine upon every such Partition.


Copyholders shall pay but a Peny for Poundage.

 

ITem, If any Customary or free Tenants Cattel, or the Cattel of their Farmers, be brought to the Lords Pound, the said Tenant, or his Farmer shall pay for all his Cattel (if they be a hundred Heads, or upward or under) for the Poundage thereof, but one Peny. And he that is no Tenant, shall pay for every Distress of Cattel so pounded, four Pence.


Cattel impounded to be delivered by two Copyholders.

 

ITem, If any Cattel be impounded within the Lords Pound, by any Person or Persons, being a Customary Tenant or Tenants of the said Manours, or of either of them, for any Trespass committed or done within the said Manours, or in either of them, upon their Copyholds: that all such Cattel being so impounded, may by two of the said Customary Tenants, of such of the said Manours, or of either of them, wherein the said Trespass shall be committed, which will answer for such Damages and Costs as shall be recovered in the said Court, against the Owners of the same Cattel for the said Trespass, be delivered out of the said Pound, unto the Owner of the said Cattel, by the Custom of the same Manours, and of either of them.


No Suits for Title of Copyholds out of the Lords Court, without Licence.

 

ITem, No Customary Tenant shall sue, vex, or trouble any other Customary Tenant, for any Title of Lands or Tenements, lying and being within the said Manours, or in either of them, being Copyhold Lands or Tenements of the said Manours, or of either of them, out of the Lords Court, without the special Licence first had and obtained of the Lord of the said Manours, or of either of them, or of his Steward for the time being. If any Person do the contrary, he shall have his Lands or Tenements seized into the Lords Hands, until he pay a Fine to the Lord for the same Offence, viz. such Fine as shall be ceassed by the Homage at the next general Court of the said Manour.

Cattel