Now, though after the fathers decease, the mother may, during her
life, turne them both out of doores, as not bound by her owne word,
and much lesse by her husbands: yet I haue seldome or neuer knowne
the same put in practise, but true and iust meaning hath euer
taken place.
Yet another vnconscionable quirk some haue of late time pried into,
viz. in a ioynt-lease to three intended by the taker and payer,
to descend successiuely and intirely, one of them passeth ouer his
interest to a stranger, who by rigour of law shall hold it during the
liues of the other twaine.
[39]
The ordinary couenants of most conuentionary Tenants are, to pay due
Capons, doe haruest iournyes, grinde at the Mill, sue to the Court,
discharge the office of Reeue and Tithing-man, dwell vpon the
Tenement, and to set out no part thereof to tillage, without the
Lords licence first obtained. Which conditions are yet enlarged or
restrained, according to the Demisors humour.
Vsuall it is for all sorts of Tenants, vpon death, at least, if not
surrender, or forfeyture, to pay their best beast for a Heriot: yea,
if a stranger, passing thorow the Countrey, chaunce to leaue his
carkase behind him, he also must redeeme his buriall, by rendring his
best beast, which he hath with him, to the Lord of the soyle: or if
he haue none, his best Iewell; or rather then fayle, his best garment
then about him, in lieu thereof.
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