Selected quad for the lemma: death_n

Word A Word B Word C Word D Occurrence Frequency Band MI MI Band Prominent
death_n die_v king_n time_n 6,570 5 3.4647 3 false
View all documents for the selected quad

Text snippets containing the quad

ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A88608 The custom of the mannor of Paynswicke taken out of the decree in Chancery, and carefully examined for the benfit of the tenants or others that may be concerned. By Thomas Loveday, in the year 1687. Loveday, Thomas. 1688 (1688) Wing L3235A; ESTC R230715 20,279 70

There is 1 snippet containing the selected quad. | View lemmatised text

same Woman and for lack of ●uch Heir to the next Kinsman of the said Husband we do find that the Custom of the Mannor is and so wa● meant to have been declared by the said Article that after the Death of such a Woman such Tenements shall disiend to the Heirs of the same Husband according to the course of the common Law and not otherwise And whereas by the Thirteenth Article of the same Indenture it is declared that all Tenants by their Custom may fell Woods Timber or Trees upon their Tenement we do not find it warranted by any Rolls or other proof that any Tenant holding by free Bench or other wayes for Life may fell any Woods Timber or Trees except for their necessary Boots to be spent and imployed upon the said Tenements and therefore we hold it meet that the said Article as to so much thereof as concerneth the felling any Wood Timber or Trees to be explained not to extend but only to such Tenants as have Estates of Inheritance And where in the same Thirteenth Article of the Indenture it is declared that every Customary Tenant may be● and Let his Lands without Licence we find the same Custom warranted by sundry proofs howbeit we find it proved that such Lease is to hold no longer then to the Feast of St Michael the Arch-Angel next after the Death of him or her that made it and in cause of Death to be determined at Michaelmas after such Death or by Surrender or Forfeiture of the Estate in the mean time for what term of Years soever the said Lease be made and so much we hold meet to be added in the explaination of the said Article And where by the Twentieth Article of the same Indenture it is declared how and in what sort the Daughters of any Customary Tenant of the said Mannor ought to divide the Inheritance of their Ancestors we hold it meet to be added by way of explaination of the said Article that in case any one or more of the said Daughters of such Copy-holders happen to dye either in the life time or after the death of such Copy-holder that the Heir or Heirs of her or them so dying ought to have the like benefit in every respect for and touching any thing contained in the said Article as the Party or Parties dying should or ought to have had if he or they had happened to live And concerning the Fourteenth and Five and Twentieth Article of the said Indenture we do not find the same warranted by any proofs nor do hold them fit to be coutinued but are of opinion that the same shall be henceforth utterly disallowed But concerning the rates of Fines both upon Death and Surrender being the matter chiefly controverted between the said Lord and Tenants we find proved both by deposition of Witnesses and by sundry Copies and Rolls of the times of King Edward the Sixth Queen Mary and Queen Elizabeth and some of antienter times that the Tenants upon Surrenders used to pay four Years Rent for their Fines and upon decent one Years Rent for their Fines and in this we find a very constant course with little or no variance for Threescore Years now past or more until by the said Indenture the Fines upon Surrenders were raised from four unto seven Years Rent at which rate they have continued ever since the making of the said Indenture and therefore we are of opinion that it is very meet that the Fines of the Tenants of the said Mannor shall be continued and payed in certainty according to the said Indenture and that no further question be hereafter moved by the Lords of the said Mannor that are or shall be concerning the said point of incertainty of Fine after consideration had of all which things we found some difficulty how to compose the said cause unless we could settle some other Questions not mentioned in the said Indenture between the said Lord and Tenants and therefore by assent and with the good liking of all the said Parties we took consideration thereof also and to that purpose whereas some question hath been between the said Lord and Tenants for that the Lord claimed to have the wardship of the said Tenants Heirs being within Age to his own use for as much as it appeared to us that upon that point there hath been a Tryal by verdict at the common Law which past against the Lord we hold it meet that the Lord for the time being be henceforth for ever excluded to have any further benefit or power by colour or pretence of such ward but only the committing of such Heir to some of his near Kindred by the advice of the Homage for which commitment the Lord for the time being shall have for a Fine three Years Rent and no more saving one Years Rent more which the Lord is also to have in every such cause in respect of the dissent to the Heir and if any Lands shall afterwards defend to such Heir during his non age then the Lord shall have the like Fine and Fines in every respect according to the Rent of the Land so newly descended as he had or shall have upon the first commitment And whereas there are within the said Mannor sundry Lands called by the name of the Demeasue Lands which we find hath been time out of mind accustomed to pass by Copy and nevertheless because they are called Demeasues the Lord hath of late made question whether they are grantable by Copy or not a thing in our opinions of small weight to shake the validity of a thing so long continued And there also within the said Mannor certain Lands called Chantry-Lands which being but of small quantity and lying intermixed amongst the Copy-holds of the said Mannor have of long time been granted by Copy of Court Roll. And there is also a certain Ground called Wickerige-hill which the Lord Pretendeth hath been parcels of the Waste of the said Mannor but we find that by long continued usage the Tenants have enjoyed several parcels thereof as part of their Tenements which they hold by Copy we are of opinion that it is meet that the same Demeasue-Lands and Chantry-Lands shall be accounted and enjoyed as Copy-hold by the respective owners thereof And that the said parcel of Wickerige-hill shall be for ever here after likewise enjoyed by the respective Owners and Possessors thereof in like sort as now it is without further claim let or interuption of the said Henry Jernegan or of any other that shall be Lord of the said Mannor saving that the Lord may put in his Cattel there as a Commoner at all times when the same Ground shall lie fallen or otherwise open to the Waste next adjoyning thereunto And whereas their is another question between the said Lord and Tenants touching the Fines to be payed to the Lord upon any exchange of any Land to be made amongst the Tenants we find that the said Tenants have used to make such