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A73259 The free customes, benefits and priviledges of the copyhold tennants, of the mannors of Stepny and Hackny in the countie of Middlesex within this composition Before which is prefixed an abstract or briefe relation of the assurance given by the Right Honorable Thomas Lord Wentworth lord of both the said mannors, vnto his lordships said tennants (within this composition) for the ratifying and perpetuall establishing of the same. Whereunto two tables alphabeticall are fitted, the one containing the names of the said copyhold tenants, now hauing compounded: the other (with the marginall notes in the booke) serueth for the ready finding of any note worthy matter herein contained.; Auncient severall customes, of the severall mannors of Stebbunhuth, and Hackney, 1587. 1617 (1617) STC 23254.5; ESTC S125676 49,415 95

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of all and euery the persons named parties to the said Indenture holden by copie of Court Roll are and ought to be certaine and not arbitrarie or at the will of the Lord. And the Lord or Lords of the said Mannors or of either of them ought to haue and take Fines vpon admittances as hereafter What fines are due followeth and not other or greater That is to say vpon the admission of the heire or heires after a discent for euery acre of land of what nature or kinde so euer sixteene pence and so after that rate for greater or lesser quantities of Land And vpon admission of one person onely after any Surrender the like somme of sixteene pence for euery acre and so after that rate for euery greater or lesser quantitie of land But if more then one person be admitted after or vpon any Surrender Then If more then one Person be admitted then c. euery of the same persons are to pay halfe so much as one person ought to pay and not more Likewise vpon admission of the heire or heires after a discent for euery Messuage customarie with the Courts Yards Easements Orchards and Gardens therevnto belonging for a Fine the somme of thirteene shillings foure pence and not more And for a dwelling house called a Tenement with the Courts Yards Orchards Easements and Gardens therevnto belonging the somme of ten shillings and not more and for a cottage vsed for dwelling with easements and gardens therevnto belonging or without garden and not demised for more then three pounds by the yeere the somme of twenty pence But for a building not vsed for a dwelling house so much onely as according to the quantitie of the land after the rate of sixteene What fine for a building not vsed for a dwelling house pence the acre And for greater cottages vsed for dwelling and which shall be let for aboue three pounds by the yeere with the Courts Yards Orchards Gardens and Easements therevnto belonging the somme of ten shillings And the like is of Messuages Tenements and Cottages hereafter to be built And vpon or after any Surrender at the admission the like Fines are to be paide for one person But if any Surrender be made by Admission of man and wife a whole fine any person or persons to a man and his wife then a whole fine is to be paid for the husband and halfe a fine is to be paide for the wife And if more persons be admitted vpon one Surrender then euery of the same persons are to pay for Fine halfe so much as one person ought to pay and not more All acres are to bee acco●pted according to the statute or ordinance de terris mensurandis and orchards and gardens not belonging to such Messuages Tenements or Cottages are to pay as lands according to the quantitie thereof according to the rate aforesaid And parts of Messuages The fines must be entred in the margent of the coppies see article 19. parts of Tenements and parts of Cottages are to pay for Fines respectiuely in regard of the whole according to the rate of the whole And all fines paid are to be set downe and expressed in the copie of the Court Roll thereof or in the margent of the same copie And if any question or doubt shall hereafter arise about the discerning and true estimation what or which be or ought to bee accompted a Messuage and what or which a dwelling house called atenement and what or which a Cottage The same is to bee referred to the Homage of the Mannor at the next generall Court and by the same to be tryed ordered determined and presented according to such presentments fines are to be paid 27 The Lord is to allowe of all Surr made according to thes articles Item The Lord or Lords of the said Mannors or either of them and their and euery of their Stewards for the time being shall and ought to accept and allow of all and euery Surrender and Surrenders to be made of any the lands tenements or hereditaments whereof any of the persons named parties to the said Indenture are seised as copy holders according to the tenour intent and true meaning of these Schedules and the Articles therein contained So as the parties Surrendering be not before that time by the Homage of the same Mannor presented and found to haue made or committed some matter of forfeiture of those lands and tenements so Surrendred contrarie to the customes and articles in these Schedules expressed or some or one of them And the Lord of the same Mannor by his Steward for such fine as in or for such things is before expressed shal grant the same copyhold Lands Tenements and hereditaments so Surrendred according to the tenor vse and intent of the same Surrender And shall duely admit such person or persons to whom or to whose vse such Surrenders shal be made Item If the Lord or Lords of the said Mannors 28 If the Lord refuse to admi●● then c. or either of them or his or their Steward for the time being shall refuse to admit any person or persons to whom or to whose vse such Surrender as in the precedent Article is expressed shal be made or shall refuse to admit such person or persons to whom any of the said copyhold or customarie or reputed copyhold or customarie lands tenements or hereditaments shall discend according to the custome of the said Mannors and true meaning of these Schedules Then the person s● not admitted paying or tendering to the Lord or his Reeue fine or fines for the same according to the true meaning of these Schedules shall and may into such Lands Tenements or Hereditaments so surrendred or discended respectiuely enter and the same quietly haue hold and enioy as freely and in such sort as if he or they had beene therevnto lawfully admitted and not otherwise Item If any man make a Surrender onely to 29 Surren to make the wife a ioincture the intent to make his wife a ioynture or to assure it to his wife for terme of her life or during her widdowhood not altering the estate of the Inheritance then for the fine of the same or any admittance therevpon there shal be paid but halfe a fine for the same things so Surrendred That is to say halfe so much as one person should pay vpon admittance according to the true meaning of these Schedules And the like is to be vsed where the husband and wife make a Surrender of the lands of the wife to the end only to make an estate thereof to the husband ioyntly with his wife or to the husband for terme of his life in possession or Remainder And likewise by the said custome for euery Tenant that shal be admitted in Reuersion or Remainder expectant vpon the estate of any particuler Tenant for life in taile or for yeeres granted by copie the same is but halfe so much as it is
serue the said office the moyetie of the said Fine or Fines respectiuely to be by him defaulked and retained in his accompt and by the Lord of that Mannor vpon the same Reeues accompt And be by him retayned at his accompting whensoeuer he shall accompt for the same to be allowed Item If any Copyholder that shall accept and 41 In what cases the Lord may seese the Reeues lands execute the said office of Reeue shall refuse to satisfie and pay vnto the Lord the yeerely quitrents and Fines for admittances vpon alienations or discents wherewith such Reeue shall or may be lawfully charged by and according to the true meaning of these presents Or shall refuse to accompt with the Lord within two moneths next yeerely after Michaelmas hauing had the Rentall and estracts of Fines vpon admittances as aforesaid for that yeere by the space of two moneths Euery such Reeues lands and tenements that shal refuse so to accompt and pay the said rents and fines which he shall or may haue collected as aforesaid shal be seized into the Lords hands and the Lord shall and may take to his owne vse the issues and profits of his said lands and tenements vntill he shall pay vnto the Lord the rents and fines aforesaid and vntill he hath also satisfied and paid the Lord for And what he shall pay for his offence his said offence viz. being Reeue of Hackney sixe pounds thirteene shillings and foure pence And being Reeue of Stebunhuth ten pounds Neuerthelesse the Reeue ought not nor shall be charged or chargeable to answere any quitrents contained in any rentall or estracts vnlesse it appeare vnto him He is not to answere any quit-rents vnles he know the tennant or where the land lyeth by the rentall of the former Reeue or otherwise be made knowne vnto him by some of the Lords officers who is the tenant or where the land lyeth for or in respect of which the same quitrents ought to be paid Item No copyholder of the said Mannors or of 42 No Reeues within this cōposition shall be charged with the Leet or court baron otherwise then in the 41. article either of them being named parties to the said Indenture nor their heires or assignes ought or shall at any tune bee charged to collect or gather any of the amerciaments fines or other issues or profits of the Courts Leetes or Courts Baron holden within the said Mannors or of either of them or be chargeable to answere or accompt for the same to the Lord of the said Mannors or of either of them otherwise then in the last precedent Article is mentioned nor to prouide or allow for any dinners Nor prouide for any dinner● either on the day or daies the Court Leete shal be holden vpon or on the day or dayes of the two generall Courts But are and shal be thereof for euer freed and discharged Except that such tenant Except c. or his heires shall hereafter purchase or haue other customary lands then those that the said persons named parties to the said Indenture or some or one of them the said persons doe now hold which shal be worth to bee sold at the least two hundred pounds of lawfull money of England or shal be of the cleere yerely value of twenty pounds of like money Item Euery one of the said customarie tennants 43 What tennants may be chosen Recues named parties to the said Indenture whose lands Tenements and Hereditaments holden by Copie of Court Roll of either of the said Mannors are worth sixeteene pounds of like mony as aforesaid by the yeere to be let or two hundred pounds to be sold by the estimation and presentment of the Homage of the same Mannor shall beare the office of Reeue of and for such of the said Mannors whereof he shal be a Tenant by copie of Court Roll and for which hee shal be chosen and appointed Reeue as aforesaid when his or their time and course doth come Item Euery of the said Reeues is to be allowed 44 What allowances the Reeue is to haue of the Lord. of the said Lord or Lords for the executing of the said office for one yeere as followeth viz. the Reeue of Stebunhuth three pounds sixe shillings and eight pence and six shillings eight pence more for and in respect of an allowance of a coate cloth to the said Reeue And the Reeue of Hackney fiftie three shillings and foure pence and sixe shillings eight pence more for and in respect of an allowance of a coate cloth to the same Reeue and all other commodities due and incident to the said office for either of them or vsed heretofore to be paid to the said Reeue by any the Tenants of the said Mannors respectiuely Item The Reeues of the said Mannors and of either of them shall at the next generall Court after 45 The Reeue to deliuer the Rentall to his Successor To be amerced his yeere of seruice expired deliuer the rentall by which hee made his accompt to the Reeue that shall next succeede him vpon paine to bee amerced or fined by the Homage if hee shall not so doe Item All the customarie Tenants of the said 46 Copyholders may breake and digge their grounds fell downe timber woods suffer howsen ●● decay without forfeicture Mannors and of either of them may breake and digge their copyhold grounds holden of the said Mannors and of either of them at his and their pleasure and fell and cut downe their timber and woods growing or that shall grow vpon the same and conuert it to their best vse and profit and may also suffer their Copyhold Tenements and houses to decay without incurring any seizure or forfeiture of their estates therefore or other paine and may take and pull downe their said Tenements and erect or set them vp againe either where they stood before or vpon any other lands holden by copy of Court Roll of the said Mannors But may not pull downe howsen to set them vpon free hold land or of either of them But they may not or shall not take or pull them downe to set them or any part of them vpon their owne Free-holds or vpon the Freeholds of any other 47 Copyholders may lopp trees growing vpon the wast before their howsen Item Euery of the said copyholders or reputed copyholders named parties to the said Indentures may lop and shred all such trees as grow before their houses or Tenements vpon the waste ground and the same conuert to their owne vse May dig grauell c. vpon the wast without any offence so the said trees stand for the defence of their houses yards or gardens and also may digge grauell sand clay and lome vpon the said waste grounds to build or repaire any of their copyhold Tenements within the said Mannors or in either of them without any licence So alwaies as euery of the said copyholders
That if any Tennant for terme of life or liues onely or for terme of yeeres of customarie Lands shall make any waste Then hee shal be fined by the Homage the third part of which fine shal be to the Lord and the other two parts shall come to him in the Reuertion or Remainder of the said copyhold Item The Lord for none payment of amerciaments 53 For non payment of amerciame●ts the Lord may distraine but not seise may distraine his said Tennants parties to these presents and auow for the same as for Rents But hee cannot seize any of his or their Lands or Tenements parties to these presents for non payment thereof vntill he be paid Item Vpon the admission of any co-heires ioint Tennants or Tennants in common if they cannot 54 How partition is to be made betweene co-heires ioynt tennants or tennants in common agree to occupie their Lands and Tenements together or to make partition among themselues then hee or they that bee grieued may by the custome of either of the said Mannors haue a precept from the Steward directed to seuen customarie Tennants or more of the said Mannors within which the said Lands and tenements doe lye and they shall make partition thereof and the same returne to the Steward of the said Mannors againe to be inrolled in the Court Rolls of the said Mannors whereof the said Lands or Tenements beholden Whervpon the said heires shal go to the Steward of the said Mannor within which the said lands or tenements shall lye And then elect choose their parts in forme following That is to say the yongest sonne to choose first then he that is next to the yongest to chuse next and so after that rate vnto the eldest how many soeuer which eldest shal chuse last And likewise the same order is to be obserued amongst daughters if there be no sonnes and amongst all other degrees of heires touching the customarie Lands and Tenements holden of the said Mannors or either of them And vpon euery such partition they shall pay for a fine to the Lord two shillings and sixe pence or lesse at the discretion of the Steward according to the quantitie of the Lands or Tenements so parted betweene tennants in common and ioynt tenants for the like fine the said deuision to bee by the said Tenants without election of the parties themselues but by casting of lots if they cannot otherwise agree Item If any customarie or free Tenants cattell 55 These copyholders shall pay but one penny for poundage or the cattell of their Farmers bee brought to the Lords pound The said Tenant or his Farmer shall pay for all his cattell if they bee a hundred heads or vpwards or vnder for the poundage thereof but one penny and he that is no Tenant shall pay for euery distresse of cattell so pounded foure pence 56 Cattell impounded to be deliuered by two copyholders Item If any cattell bee impounded within the Lords pound by any person or persons being a customarie Tenant or Tennants of the said Mannors or of either of them for any trespasse committed or done within the said Mannors or in either of them vpon their Copyholds that all such Cattell being so impounded may by two of the said customarie Tenants of such of the said Mannors or of either of them wherein the said trespasse shall bee committed which will answere for such Damages and costs as shal be recouered in the said Court against the owners of the same Cattell for the said trespasse be deliuered out of the said pound vnto the owner of the said Cattell by the custome of the same Mannors and of either of them Item No customarie Tenant shall sue vexe or 57 No su●tes for title of copy-holds out of the Lords court withou● licence trouble any other customary Tenant for any Title of lands or tenements lying and being within the said Mannors or in either of them being copy-hold lands or tenements of the said Mannors or of either of them out of the Lords Court without the speciall licence first had and obtained of the Lord of the said Mannors or of either of them or of his Steward for the time being If any person doe the contrarie hee shall haue his Lands or Tenements seized into the Lords hands vntill hee pay a fine to the Lord for the same offence viz. such fine as shal be ceassed by the Homage at the next generall Court of the said Mannor or Mannors Item That no customarie Tenants of the said 58 Cattell offending shal be driuē to the Lords pound Mannors or of either of them for any offence to be done by any mans cattel within the said Mannors or in either of them shall driue the same cattell to any forraine pounds but to the Lords pound being within the said Mannors or in either of them if any man doe the contrarie to bee amerced at the next generall Court by the Homage So alwayes as there be asufficient pound of the Lords there Item That no tenant or any other person shall 59 How stakes markes and mears between tennant tennant ought to be set set any stake marke or meare betweene tennant and tennant or betweene tenant and any other person that lyeth next vnto him without the parties doe therevnto agree vnlesse an order bee appointed by the Homage or the greatest part of them that it may be first viewed by twelue Tennants of the said Mannors or of either of them where the stake or meare is to be set and there to set the stake or marke indifferently betweene both the said parties and so to continue it vpon paine of amerciament by the Homage 60 Driuers of commons when to be chosen Item The Homage doe and shall yeerely vse at the next generall Court holden the Tuesday the ninth day next after Easter day to Elect and chuse out of the Hamblets within euery of the said Mannors certaine customary tennants to bee driuers and viewers of the wasts and commons of the said Mannors and of either of them for one whole yeere which tenants so elected haue authoritie by the said custome to driue the commons at any time when they finde it surcharged and to impound the cattell by them so taken no other to driue the said common then the persons so chosen as aforesaid Item If by their driuing the surcharging cannot be remedied then they ought to inform the homage 61 How surcharging the common is to be remedied thereof at the next Court that they may amerce the offenders whether the offenders be tenants or no tenants And also to put a paine or an a merciament vpon their heads that they shall not likewise offend Item If the said driuers receiue by the said poundages 62 The driuers shall accompt to the homage and more money then they spend in their trauell the rest shal be imployed to the scowring of the common Sewers which be vpon the said wast