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A12960 Hereafter ensueth the auncient seuerall customes, of the seuerall mannors of Stebbunhuth, and Hackney, within the countie of Middlesex which were perused, viewed & approued, by the lorde of the said mannors, and by all the copieholde tenants of the said seueral mannors, manie yeeres past, and which customes be now againe newelie and fullie considered off, ratified, allowed, and approued, by the right Honourable, Henrie L. Wentworth, lord of the saide seueral mannors, as in the seuerall articles & agreements hereafter following are expressed, the x. day of Nouember. 1587. and in the 29. yeere of the raigne of our Soueraigne Ladie Elizabeth, by the grace of God, Queene of England, Fraunce and Ireland, defender of the faith.; Auncient severall customes, of the severall mannors of Stebbunhuth, and Hackney, 1587. Wentworth, Henry Wentworth, Lord, 1588-1593. 1610 (1610) STC 23252; ESTC S120936 18,413 50

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customarie or coppieholde Tenauntes that they shall knowe shall haue died after the Court then last past or at any time before the said court whose deathes were not then found and presented which shall haue holden anie customarie or coppieholde Landes or Tenementes of the said Mannours or of either of them And also as neere as they can present what Landes they dyed seazed of and also of what estate and when he died and who is the next heire or heyres to the same person or persons so dying seazed and of what age or ages the saide heyre or heyres shall then bee off as neere as they can 9 Item likewise the homage ought to present the deathes of freeholders and when they dyed and who bee their next heyres and the ages of their heires which helde anie Lands or Tenements of the saide mannours or of either of them and the nature of their tenures so neere as they can to thintent the Lorde may haue his reliefe which is but the value of one yeeres quitrent of the Tenement holden of the saide mannours or of either of them by Socage tenure 10 Item if the homage at anie of the saide Courts of either of the saide mannours shall not knowe who is next heire or heyres to anie of the saide customarye Tenauntes so dying seazed when they shall make their presentments that then they shall make their presentment so accordingly and then vppon the saide presentment at the next generall Court after the Stewarde of the saide mannors or of eyther of them or his deputie for the time being within which the saide presentment shall so bee made shall cause a Proclamation to be made in open court to thintent euerie such heyre or heyres may haue knowledge to come and take vp the Landes and tenements of his or their auncestours and so the Steward or his deputie shall cause a Proclamation to bee made from generall Court to generall Court vntill three open and publique Proclamations bee made in ful Court at three seuerall generall courts which generall Courts by the said custome are vsed to bee holden commonlie one halfe yeere after another or there abouts so that from the first Proclamation to the last is full neere one yeere and a halfe which is about full two yeeres from the presentment made by the sayde Homage of the dying seazed of the sayde last Tenaunt vnto the last Proclamation and if there shall come no heire to the saide Lands or Tenements before the ende of the saide three Proclamations to make his clayme and prooue himselfe to the Homage of the saide Court in suche sort as they shall allowe off to bee the next heire of the whole blood to the saide Tenaunte deceased or to haue title to the Lande and tenements nor to shewe and prooue as aforesaid who is or ought to be the next heire of the whole bloud to the saide Tenaunt deceased or next heire expectant vpon anie estate determined then the Lorde of the saide Mannours or of either of them for the time being shal and may after the saide three Proclamations so to bee made seaze the Landes and Tenements which was the sayde persons so dying seased whose next heire or such as shall haue title therevnto cannot bee founde or shall not come and make his or their claime and proofe as aforesaide and then to take the issues and profites thereof vnto his owne vse vntill such person or persons come that shall prooue him or them next heire or heyres to the saide person or persons so dying seazed and if none shal come within three yeeres next after the thirde and last proclamation to bee made as aforesaid that shall and can conueigh and proue him or them to bee next heire or heires of the whole bloud or shewe and prooue who is or ought to be next heire or to haue title as next in remaynder or reuertion as aforesaide That then the saide Landes and Tenementes bee forfayted or shall escheate vnto the Lorde of the saide Mannour or Mannours for the time being except that if the said Lands tenements shall or ought immediatly to descend remaine reuert or come to any woman couert or infant within the age of xxi yeeres or to any person or persons not of Sane memoriae or that shall not bee within the Realme at the time of the death of the said last Tenaunt dying so seazed that then the Lorde for the tyme being shall haue but the profites of the saide Landes and Tenementes vntill such persons or their heires shall come and make their claime as aforesaide so the saide clayme be made within fiue yeeres by the saide woman or her heires next after the death of her said husband or by such person being within age or his heires within fiue yeeres next after he shall or should accomplish his full age of twentie one yeeres and by the heyre of such person of Non sane memoriae within fiue yeeres after the death of his said auncestour or by the said person or his heyres that shall so be out of the Realme within fiue yeeres after he shall returne or if hee shall not returne within fiue yeeres after his death 11 Item women are to haue no dowers of anie customarie Landes or Tenements within the Mannours aforesaid nor in anie of them nor menne to haue anie estate as Tenantes by the curtesie of Englande 12 Item if a man or woman shal be seazed of anie customarie Landes or Tenementes holden of the saide Mannours or of either of them of an estate of inheritaunce and shal haue issue two Sonnes or three Sonnes or more or hauing no Sonnes shall haue diuers Daughters or hauing neyther Sonnes nor Daughters shall haue diuers collaterall heires they shall be all coheyres to their sayde Father Mother or other Auncestour touching the saide customarie Landes and tenements according to the custome of Gauelkinde 13 Item if a man or woman die seazed as aforesaide of any customarie Lands or Tenementes of anie estate of inheritaunce holden of the saide Mannours or of anie of them and shall haue issue two or three sonnes or more whereof one or two or more of them shal be married and shall haue issue in the life of their father or mother and shall die before his or their saide Father or Mother or hauing no sonnes shall haue diuers daughters whereof one or more shal be married and haue issue and die in the life of the father or mother That then the saide issue shall inherite and bee coheire with the sayde sonne or sonnes or daughter that shall suruiue his or her saide father or mother that so shall die seazed as is aforesaide whether the saide issue be Male or Female according to the custome of Gauelkinde 14 Item if anie person or persons dye seazed as aforesaide and shall leaue behinde him neyther sonne nor daughter then the next of his or their kinne being of whole bloud shal be heyre or heyres to the saide person or persons so dying
receaue anie surrender or other billes to them exhibited which be repugnaunt to the custome of the saide Mannours or of either of them they shall make vpon euerie such surrender or bill Ignoramus or the like superscription to thintent it may be knowen to be naught or else returne such naughtie surrenders or billes backe againe to the parties that exhibited the same 24 Item By the custome of the sayde Mannours and of euerie of them euerie woman being couert barron of the age of one and twentie yeeres or vpwardes hauing anie customarie Landes or Tenementes to her or her heires or for life liues or yeeres and holden of the sayde Mannours or of either of them may together with her husbande by the hands of the saide Stewarde or of his sufficient deputie surrender al her said Lands and Tenementes interest or terme of yeeres to the vse of her saide husband or to any other person or persons at their will and pleasure so as she bee solie and secretlie examined before the Stewarde or his sufficient deputie according to the auncient custome vsed in that case 25 Item That all surrenders taken out of the court by the Steward of the said Mannours or of anie of them or by his sufficient deputie of anie person or persons being of the full age of one and twentie yeeres or more of anie of their customarie Landes and Tenementes holden of the saide Mannours or of eyther of them be good by the custome of the saide Mannours and of eyther of them and the same to be published and notified to the homage at the next generall Courte 26 Item By the custome of the saide Mannours and of euerie of them all surrenders at anie time heeretofore taken or heereafter to be taken by the steward of the saide Mannours or of eyther of them or by his sufficient deputie out of the Courte of anie customarie Landes or Tenementes holden of the saide Mannours or of either of them of anie person or persons being of full age of xxi yeeres as aforesaide being entred into the Court rolls of the Court next going before the taking of the same surrenders although such surrenders were taken diuers daies weekes or monethes after the same Courte are and shal be good and of force by the custome of the saide Mannours and of euerie of them 27. Item By the custome of the saide Mannours and of euerie of them the Lorde or Lordes of the saide Mannors or of eyther of them ought to haue at euerie admission of anie one person or more vppon a discent and at euerie admission and of anie one person onelie vppon a surrender or alienation to be made of euerie acre of Lande or grounde being Coppieholde xvi d. for a fine and so after that rate and no more and if anye more then one bee admitted vppon a surrender then to paie for euerie one so admitted more then one halfe a fine and also to haue in like sort for a single fine for a meswage being Copiehold xiii S. iiii d. and for a Tenement being Coppiehold x. s. and for a Cotage being coppieholde which shall not be letten for aboue iii. li. by the yeere xx d. and for a Cotage being woorth aboue iii. li. by the yeere to be letten to paye fine as before for a Tenement and these fines to bee sette downe in their seuerall coppies and if anie question arise about the decerning which be messwage and which be Tenements the same by the same custome is to bee tried by the presentment of the homage that the Lorde of the said Mannors and of either of them shall allowe of euerie surrender made by anie Coppieholder according to these articles not hauing made or committed anie cause of forfaiture contrarie to the customes contained in these articles and shall for the fine aforesaide graunt the saide coppie holdes according to the saide surrender and admitte such persons to whome the same surrender shall so bee made or to whome these Landes or Tenementes shall so discende accordinglie and if the saide Lorde shall refuse so to admit yet the saide persons to whome the said surrenders shal be made or to whome the saide Lande and Tenementes of right ought to discende remayne or come paying their fine or tendring the same as aforesaide shall quietlie holde and enioye the saide Coppie holde in like sort as if he or they were lawfullie admitted vnto the same and not otherwise 28 Item By the custome if anie manne make a surrender onelie to the intent to make his wife a Ioynter and to none other purpose then the fine of the same is but halfe so much as it is vpon other surrenders alienations or vpon a dying seazed as aforesaide And the like custome is to be obserued where the husbande and wife make a surrender of the Landes of the wife to the ende onelie to make an estate thereof to the husbande ioyntlie with his wife and likewise by the said custome for euery Tenaunt that shal be admitted in reuercion or remainder expectant vpon the estate of any perticuler tenāt for life in taile or for yeres graunted by copie the same is but halfe so much as it is vppon other admittaunces vpon alienacions surrenders or dying seazed as aforesaid 29 Item Euery person that exhibiteth or deliuereth anie surrender or bill to the homage ought to giue and paie to the same homage for euery such surrender or bill iiii d. And by the said custome euery of the said sixe tenants and also the headborough or Reue which shal be at the taking of ani surrēders as aforesaid ought to haue iiii d. a peece being taken within the said Mannours or in either of them But if they goe out of the said mannors or either of them for the taking of the same thē to haue viii d. a peece and their charges if they shall goe farther of and the partie that procureth the said surrender ought to giue to the sayd Tenaunts iiii d. besides the said fees which iiii d. is deliuered with the sayd surrender or else he that bringeth in the sayde surrender without the sayd iiii d. shall pay it of his owne pursse to the homage 30 Item if it chance at any time vpon the death of any copiholder or customarie tenant ther is an heire or heires found and presented by thomage which after are admitted to the lands tenements of the saide copieholder at which time no other heires were knowne after it chanceth that one or other cōmeth claimeth to be coheire with the said heire which is admitted then the homage ought thereof to enquire if they finde his clayme true they ought to present the same then he shal be likewise admitted and paye his fine and haue his part of the premisses notwithstanding the former admission 31 Item if any man be admitted to any possession or to any reuercion or remainder of ani lāds or tenemtēs whether they be to him descēded as it is supposed or to him
seazed that is to say his or their brother or brothers children or childers children according to the custome of Gauelkinde and so foorth as long as anie of that issue shal be on liue being of the whole bloud and in default of suche issue the Sisters and Sisters children according to the custome of Gauelkind and so forth as long as anie issue shal be on liue and being of the whole bloud and for lacke of such issue the Vnckles and their issues being of the whole bloud so long as anie issue shal be liuing And no default of such issue the Aunts and their children so long as anie shal be liuing of the whole bloud for lacke of such issue the next of kinne of the whole bloud according to the custome of Gauelkinde 15 Item If anie person so dying seazed as aforesaide without issue of his bodie and hauing diuers brothers of the whole bloud whereof the one or some of them shall haue beene married and shall haue issue and after issue had shall die before the saide brother dying seazed as aforesaide That then the issues of the saide brother or brothers so dying before him that died seazed as aforesaide shall ioyne and be coheyre with the brother that suruiueth the brother that so died seazed as aforesaide whether the said issue be Males or Females But Males and Females of one venter can not ioyne to be coheires together so that the course of discentes is to be obserued by the saide custome according to the custome and nature of landes in Gauelkinde 16 Item likewise shall the issue of the daughter that shall die in the life of the Father or Mother be coheire with the Aunt that liueth being of the whole bloud 17 Item likewise shall the Vnckles and the Vnckles brothers children being of the whole bloud be coheires together as aforesaide 18 Item likewise shall the Aunts and the Aunts sisters children ioyne and be coheires as aforesaid and so forth of all further degrees of all collaterall heires being of the whole bloud which may conueigh themselues to be anie Cosins and heires of the whole bloud to anie person or persons dying seazed of anie of the foresaide customarie Landes or Tenements according to the custome of Gauelkind 19 Item by the customes of the saide seuerall Mannours euerie coppieholder of inheritaunce in fee simple may surrender his saide coppieholde Landes and Tenements or anie part or parcell therof vnto any person or persons and to his or their heires for euer or to his or their heires of his or their bodies or any other waies intaile or for life or liues or yeres or to anie person or persons and to their heires to thintent the saide coppieholde Tenante may declare his last Will and Testament vppon the same Lands and Tenements or to anie other vse or vses vnlesse it bee to anie corporation or corporations or bodies politique or corporate And euerie coppieholder intayle for life liues or yeeres of anie of the saide Mannours may in like manner by the customes of the saide Manuours and of euerie of them surrender their coppieholde Landes or anie part thereof according to the nature of their estates so the same surrender be made according to the custome concerning surrenders as heereafter ensueth And all the same persons to whose vse euerie such surrender shal be made are to haue their copies made to hold of the Lord by the Rodde according to the Custome of the saide Manours whereof they beene seuerally holden by the rentes customes sutes and seruices therefore due and accustomed vpon euery of which surrēders the fine and fines for the same heereafter expressed is by the said customs to be paid 20 Item By the custome of the sayde Mannours and of euerie of them euerie surrender taken out of the Court by the Headborow or Reeue or his deputie and in the presence of sixe customarie Tenaunts of the saide Mannours of which the saide Landes or Tenements surrendred shal be percell witnessing the same surrender of anie person or persons of his or their customarie Landes or Tenements holden of the said Mannours or of either of them and being of the full age of one and twentie yeeres or vpwardes except women coouert barron and such as are not of perfect minde to the vse of any person or persons shal be as good as if it were taken in open court by the said Steward of the saide Mannours or of anie of them so that such surrenders be by Thomage presented as haereafter followeth 21 Item By the saide custome no woman being couert barron can make any good surrender of her Landes and Tenementes holden of the saide Mannors or of either of them eyther by the handes of the Reeue or his deputie or by the handes of the Headeborow in the presence of the saide sixe Tenaunts sauing in time of extremity of sickenesse or death in either of which cases she may by the saide Custome together with her husbande surrender her saide Landes and Tenements holden of the saide Mannours or of either of them by the hands of the Reeue or Headeborowe and sixe Tenaunts and if anie such woman couert barron so surrendring doe after that recouer her health and doe not at the next generall Court then following ratifie and confirme the same before the Stewarde or his deputie in the presence of the Homage that then the same surrender is to bee voide And all surrenders made by anie woman couert barron otherwise then in extremitie of sickenesse or death as is aforesaide be voide except such women couert barron bee soly examined before the Stewarde of the saide Mannours or of anie of them or his sufficient deputie as heereafter followeth 22 Item That all surrenders taken eyther by the Reeue or his deputie or by the Headborowe for the time being and in the presence of sixe customarie tenants ought to be by the Homage presented at the generall Court holden for the sayde Mannours after the taking thereof or within one yeere and a day next after the taking of the same if anie such generall Court bee holden within the yeere and the day after the same surrender so taken or else if no such generall Courte bee holden within the yeere and the day then to bee by the same Homage presented at the next generall Courte to be holden after the same yeere and daie and then to be as good a surrender as anie surrender taken in open Courte or else all surrenders taken by the saide Reeue or his deputie or by the said Headborow and in the presence of sixe Tenauntes and not presented by the saide homage in maner and forme aforesayd to be void 23. Item The homage by the saide custome must write Billa vera vppon euerie surrender by them presented when they finde the same surrenders agreeable to the custome and also vppon euerie other of their presentmentes they shall make Billa vera when they be agreeable to the saide custome or else if the sayde homage