day of on the Taken and accepted, &c. [As in Form No. 19.] A. B. I C. D., as protector of the settlement above mentioned, do hereby consent to the foregoing surrender. In witness, &c. C. D. (Precept to seize quousque after proclamations for heirs of deceased tenant.) The Manor of X., in the county of Y. To S. T., bailiff of the said manor. Whereas public proclamation has been made at three consecutive (a) courts, held in and for the said manor on the the day of day of-- and the day of respectively, for any person or persons claiming title to the copyhold lands and hereditaments, parcel of the said manor of which E. F. lately died seised [or, possessed], to take admittance thereto: And because no person has appeared and claimed admittance to the said lands and hereditaments, It is ordered that you, S. T., do seize, and you are hereby authorized and required to seize into the hands and for the use of the lord All and singular the said copyhold lands and hereditaments, parcel of this manor, of which the said E. F. so died seised [until some person or persons shall appear and make good his or their claim to be admitted thereto] (b). And you are hereby required to make your return to this precept forthwith (or, at the next court to be held for the said manor). Given under my hand and seal this day of R. M., steward of the said manor. (a) See Doe d. Bover v. Trueman, 1 B. & Ad. 736. (b) If the custom of the manor warrants an absolute seizure, the words in square brackets are to be omitted. No. 23. No. 24. No. 25. No. 26. (Precept to seize quousque, by virtue of special custom, to compel surrenderee to take admittance.) The Manor of X., in the county of Y. To S. T., bailiff of the said manor. Whereas public proclamation has been made at three consecutive courts, held in and for the said manor on the and the respectively, for G. H. to take admit day of day of the day of tance by virtue of a certain surrender, made the day of by L. M. of All that, &c. [parcels as specified in the surrender]: And because the said G. H. has not taken admittance to the said hereditaments, It is ordered, &c. [adapting Form No. 23 to suit the circumstances], Until the said G. H. claims to be admitted thereto, &c. (As in Form No. 23.) (Return of the bailiff to be indorsed on precept to seize quousque.) day of S. T., bailiff of the said manor (c). (a) Freehold or copyhold, as the case may be. The words within square brackets will only be inserted if the seizure is made in the presence of tenants as witnesses. (e) This return should be entered on the court-rolls. (Licence to demise.) The Manor of X., in the county of Y. day of A. B., Be it remembered that on the lord of the said manor, by R. M., his steward, did out of court grant to C. D., a customary tenant of the said manor, full licence and authority to demise and lease to any person or persons All that, &c. [parcels according to the court-roll description], or any part of the said premises, for any term of years not exceeding years, computed from the day of - last, to which same premises the said C. D. was admitted, &c.: Saving always to the lord and his successors in title, lords of the said manor for the time being, all and all manner of fines, heriots, rents, customs, and services for the said premises due and of right accustomed: And for this licence the said C. D. paid for a fine the sum of [according to the custom of the manor] (a). R. M., steward of the said manor. (a) If the fine is certain, add the words in square brackets. APPENDIX VI. Extract from the Close Rolls of 18 Henry III. as to THE following translation of an extract from the Close Roll of 18 Henry III., mem. 10 dors, concerning the interpretation of a clause contained in Magna Charta, as confirmed in 9 Henry III., will show how the period of three weeks was fixed for the manorial courts. The King to the sheriff of Lincoln, greeting. Since We have heard, &c., it was asserted and testified by many that in the time of King Henry, our grandfather, as well the Hundred and Wapentake Courts as the Courts of the Magnates of England were wont to be holden from fifteen days to fifteen days, And although it would greatly please Us to provide for the common weal of the whole realm and the safeguard of the poor nevertheless, because those two tourns are not fully sufficient to preserve the peace of our realm and to correct excesses committed, as well against rich as poor, which things do belong to the Hundred Courts, It is therefore provided by the Common Council of the aforesaid Lord of Canterbury, and of all the aforesaid bishops, earls, barons, and others, that between the aforesaid two tourns, the Hundred and Wapentake Courts and also the Courts of the Magnates shall be holden from three weeks to three weeks, where formerly they were accustomed to be holden from fifteen days to fifteen days, &c. And therefore We command you that hereafter you cause the aforesaid Hundred and Wapentake Courts and Magnates' Courts, as well of Us as of others, to be holden according to what is declared as aforesaid from three weeks to three weeks, except the aforesaid two tourns, which shall hereafter be holden as they were formerly accustomed to be holden. Witness the King, &c. APPENDIX VII. The Customs of Yetminster Prima. Imprimis. The lord of the said manor ought to find a steward to keep two courts there every year at the least, the one about Hocktide and the other about Michaelmas. Item. All the tenants of the said manor are bound to do their suit and service to the same courts, upon reasonable warning given them by the reeve, upon pain of amerciament. Item. The reeve is the lord's chief officer to gather up his rents and to levy his fines, heriots and amerciaments, all which he is bound to deliver, and to make his accounts at Sarum after Hocktide and Michaelmas if the lord do require it; and if he be robbed by the way or by his negligence, or waste or consume any part thereof or all of the lord's money in his hands, the tenants are bound to make satisfaction to the lord. Item The reeve is to be chosen at every Michaelmas court, &c. Item. Any tenant may assign, nominate, or surrender his tenement to his child, or to any other person when he listeth, at any court before the homage, or out of the court before the reeve and two or more of the tenants, or if it so happen that the reeve or any of the tenants be not present, he may make notwithstanding a good surrender, nomination, or assignment, before sufficient witness, wheresoever he shall be, by delivering a rush or straw, and by saying these words, or the like:-Ï A. B. do surrender my tenement which I hold of my lord in the manor of Yetminster Prima, into his hand and to the use of C. D., my son, or any other, 'excepting (as may be excepted), and leaving enough for rent and repairs adjudged by the homage at the court where the tenant doth claim to be admitted, and if there be not enough, the whole homage shall be charged with the said rent or reparations.' Item. Whatsoever the husband doth except to himself, having then a wife, the same wife shall enjoy the said 'excepts' in as large a manner during her life only as her husband did or might do Item. The same party that doth make such a surrender shall no more be called a tenant but an exceptor, and enjoy such an excepts' by a writing or 'copy of excepts' during his life, without doing suit or service, or paying any rent, and he to whose use the surrender was made shall be the tenant Item. If any such exceptor will farm his 'excepts,' the tenant to the same tenement shall rent the same, if he list, one penny within any other man's price that without fraud shall offer the same. Item. [As to assignments out of court.] Item. If surrender be made to a maid or a widow, and so she become tenant, he who shall marry with her shall be taken tenant in her right for one penny to the steward. Item. When any tenant is admitted, he or she shall pay unto the steward for every tenement 2s., and for every lot 12d., and for every half-place 6d., and shall give unto the homage a gallon of good ale and a loaf of bread, which is the 'customary-hold,' and there was never any other writing within the manor, saving 'copyes of excepts,' which are before mentioned. Item. Every tenant must be resident upon his tenement, unless upon good consideration he be licensed by the lord in the face of the court. Item. No tenant or exceptor can let his tenement, or any part thereof, for longer term than for one year at one time; if he do, he is to be amerced for it. Item. [As to waste.] Item. Upon the death or surrender of the tenant, the lord shall have the best quick beast of the said tenant in the name of a heriot, and if he hath no quick goods, then the best goods of his household stuff or apparell, which the reeve by his office shall presently seize and cause to be prized by some of the tenants to the lord's use, and the lord is to choose whether he will have the goods or the price. Item. [As to free-bench of the whole tenement during widowhood and chastity.] Item. The widows, during all the time of their widowhood, shall have 18d. yearly abated of their rent out of every tenement they hold, and the reeve shall be allowed it in his accompts of the lord. Item. No tenement can be let for any longer estate than one life. Item. There can be no reversion granted to any (a). Item. If any tenant die, having no wife, without limiting over his tenement by surrender or assignment as is aforesaid, (a) As to the power of the tenant to dispose of the equitable inheritance by a will giving successive equitable interests, see Allen v. Bewsey, 7 Ch. Div. 453. |