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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
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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shall or should accomplish his full age of one and twentie yeeres or within fiue yeeres then next after he shal or should accomplish his full age of one and twentie yeeres And by the person of non sanae memoriae within fiue yeeres next after he shall recouer and become of Sanae memoriae and by the heire of such person of non sanae memoriae within fiue yeeres next after the death of his said Auncestor or before And by the said person that shall be so out of the Realme or his heires within fiue yeeres after he shall returne or if hee shall not returne by his heires within fiue yeeres after his death and by the said person or persons in prison within one whole yeere next after his 11 No dower for woemen ●or Courtesie of England for men or their enlargement from such imprisonment Item In the said Mannors or either of them women ought not to haue Dowers of any customary lands or tenements within the Mannors aforesaid nor in any of them nor men to haue any estate as Tennants by the curtesie of England Item If any shal be seized of any customarie 12 Estates of inheritance shall discend according to Gauelkynde lands or tenements holden of the said Mannors or of either of them of an estate of Inheritance and shall haue two sonnes or three sonnes or more or hauing no sonnes shal haue diuers daughters or hauing neither sonnes nor daughters shal haue diuers Collatterall heires in one neerenesse of bloud or that are to make their resort from those that were of the same neerenesse of bloud to the Tenant dying They shall be all co-heires to their said Father Mother or other Auncestor touching the said customary lands and tenements according to the custome of Gauelkinde Item If any man or woman die seized as aforesaid 13 Touching discents where the tennant left issue of any customarie lands or tenements of any estate of Inheritance holden of the said Mannors or of any of them and shall haue issue two or three sonnes or more whereof one or two or more of them shall be married and haue issue in the life of their Father or Mother and shall die before his or their said Father or Mother or hauing no sons shall haue diuers daughters whereof one or more shall be married and haue issue and dye in the life of the Father or Mother That then the said issue shall inherite and be co-heire with the said sonne or sonnes daughter or daughters that shall suruiue his her or their said Father or Mother that so shall die seized as is aforesaid whether the said issue be male or female according to the custome of Gauelkinde Item If any person or persons die seized as aforesaid 14 How lands shal discend to those of the whole blood where the tennant left no issue and shall leaue behinde him neither sonne nor daughter then the next of his or their kinne being of whole bloud shal be heire or heires to the said persō or persons so dying seised That is to say his her or their brother or brothers brother or brothers children or childrens children according to the custome of Gauelkinde and so forth as long as any of that issue shall be on liue being of the whole bloud and in default of such issue the sisters and sisters children according to the custome of Gauelkinde and so forth so long as any issue shal be on liue and of the whole bloud and for lack of such issue the Vncles and their issues being of the whole bloud so long as any issue shal be liuing And in default of such issue the Aunts and their children so long as any shal be liuing of the whole bloud and for lacke of such issue the next of kinne of the whole bloud according to the custome of Gauelkinde Item If any person so dying seised as aforesaid 15 Males et Females of one venter cannot ioyne to be coheires without issue of his body 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 said brother dying seised as aforesaid That then the issues of the said brother or brothers so dying before him that dyed seized as aforesaid shall ioyne and be co heire with the brother or brothers that suruiueth the brother that so dyed seised as aforesaid whether the said issue be males or females But males and females of one Venter cannot ioyne to be co-heires together So that the course of discents is to bee obserued by the said custome according to the custome and nature of lands in Gauelkinde Item Likewise shall the issue of the daughter 16 Touching discents that shall die in the life of the Father or Mother be co-heire with the Aunt that liueth being of the whole bloud Item Likewise shal the Vncles and the Vncles 17 Discen●s brothers children being of the whole bloud be coheires together as aforesaid Item Likewise shall the Aunts and the Aunts 18 Discents sisters children ioyne and bee co-heires as aforesaid and so forth of all further degrees of all Collaterall heires being of the whole bloud which may conuey themselues to bee any Cozens and heires of the whole bloud to any person or persons dying seized of any of the aforesaid customarie lands or tenements according to the custome of Gauelkynde Item By the custome of the said seuerall Mannors 19 How Copyholders of inheritance may Surrender euery copyholder of Inheritance in fee-simple may Surrender his said copyhold lands and tenements or any part or parcell thereof vnto the Lord to the vse of any person or persons and to his and their heires for euer or to his or their heires of his or their bodies or any otherwise in See also in the first article in the 20 21 c articles taile or for life or liues or yeeres or to any person or persons and his or their heires To the intent the said Copyhold Tennant may declare his last Will and Testament vpon the same Lands and Tenements or to any other vse or vses vnlesse it be to any corporation or corporations or bodies pollitique or corporate and euery copyholder in taile or for life liues or yeeres of either of the said Mannors may in like manner by the customes of the said Mannors and of either of them Surrender their Copyhold lands tenements or hereditaments or any part thereof according to the nature of their estates so the same Surrender be made according to the custome concerning Surrenders as afore in these presents is specified or hereafter ensueth And all the same persons to whose vse euery Surrender shal be made are to haue their copies made to hold of the Lord by the Rod according to the custome of the Mannor whereof they beene holden by the Rents and seruices therefore due and accustomed Vpon euery of which Surrenders the Fine and
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