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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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or Mannors for the time being or his or their officers to distraine and auow as for rents and for want of distresse to seize the Lands and Tenements for the which the said fine or fines are to be paid and to enioy the same to his or their owne vse vntill he or they shal be fully satisfied and paid the said Fine or Fines to bee paid by him or them that so ought to pay the same Item If any customarie or copyhold Tennant 36 The like he may doe for non payment of the quitrent of the said Mannors or of either of them shall not pay his rents for his copyhold for which the same is due and demanded by the said Reeue or his Deputie Then it shall b●e lawfull for the Lord or Lords of the said Mannor or Mannors for the time being or his or their Officers to distraine and anow and for want of sufficient distresse to seize the lands and tenements out of the which the same ought to be paid and to take and enioy the rents issues and profits of the same to his or their owne vse vntill he or they shal be fully satisfied and paide the same rents by him or them that so ought to pay the same Item That when any Tenant dyeth seized leauing 37 Who shal be Gardian his heire vnder the age of fourteene yeeres the next of the kinne to whom the said Lands and Tenements cannot discend shall haue if hee shall require it the custodie of the heire and of his lands and tenements committed vnto him for the vse of the heire vntill he come to the age of fourteene yeeres as is aforesaid then he to choose his own See article 33. Gardian and the former Gardian at any time after vpon reasonable request to yeeld accompt to the heyre of the profits of his lands receiued Item If any person or persons be disposed to let his or their customarie Lands or Tenements to any other person or persons and to their executors 38 Tennants may let leases for 31 yeeres and foure months without any lysence or Fine and assignes for the terme of one and thirtie yeeres or lesse the same person or persons haue and shall haue full power and authoritie to set or let to farme his or their Copyhold Lands or Tenements to any person or persons their executors administrators and assignes for the terme of one and thirtie yeeres and foure monethes or lesse in See the abstract of the indenture pag. 7. possession from the time of the making thereof by writing without any licence to him or them to be granted and without paying any fine to the Lord or incurring any forfeiture or seisure of or for the same So as the same lease doe not exceede one and thirtie yeeres and foure monethes from the time of the making thereof But such lease is and If such leases be not pres●nted to the homage within on yeere after the making they shall be void ought to be presented to the Homage of the Mannor whereof the Lands or tenements so leased are held within one yeere after the making thereof or else the same lease so made and not presented as aforesaid shal be void and of none effect Item The custome of the Mannor is to giue to 39 Either mannor is vpon euery chaung of Lord to pay fiue pounds for recognition money the Lord of euery of the said Mannors vpon the change of euery Lor● at the next Court after the first entry bona fide ten pounds of lawfull money of England That is to say out of each Mannor fiue pounds for the Recognition and acknowledging the seruices which is to be leauied and collected by the Reeue for the time being amongst all the Copyholders of the said Mannors respectiuely according to the rates they shal be taxed at by the Homage at the next Court to bee holden after the comming of the new Lord. Item The Homage of euery of the said Mannors 40 How the Reeue of either manor is to be chosen ought yeerely at the generall Court to be holden next after Michaelmas to elect and choose seuerall Reeues for euery of the said Mannors That is to say to elect and choose two customarie Tenants either of the said persons named parties to the said presents their heires or assignes or of others not named to beare the Office of the Reeue for each of the said Mannors namely he that was before in election if he be aliue and one other or if he be dead two other to the intent the Lord of the said Mannors or of either of them or his Steward may appoint the one of them so elected for one whole yeere that is one to serue for each of the said Mannors So hee be appointed within that Mannor of which he is a tenant and for which he shal be so chosen which Reeue being so appointed He shall serue one whole yere ought to take vpon him the said Office for one whole yeere then next ensuing to execute the same by himselfe or his Deputie for whom he shall answere and to be subiect to accompt and answere What sine he shall pay if he refuse for the same as in the said presents is set downe And if a Copy-holder shal be duely chosen and appointed by the Homage to bee the Lords Reeue as aforesaid and according to his turne presented by the Homage and shall refuse to serue the said Office by himselfe or his Deputic then euery such person so refusing within the said Mannor of Hackney shall pay for a fine sixe pounds thirteene shillings and foure pence And euery such person so re●using within the said Mannor of The homage shall chose another vntill one doe accept and serue Stebenhuth shall pay for a fine ten pounds to the Lord of the Mannor whereof his Lands are holden And the Homage of the same Mannor shal be charged from time to time to choose another Reeue in the place of him that so shall refuse vntill such time as for the same Mannor one bee chosen that shall and w●ll serue the said Office And euery Copyholder that shal be chosen and appointed to the said Office as aforesaid and shal refuse to serue the same office shall pay the fine aforesaid to the Lord of that Mannor for his refusall the one halfe The halfe of fines payd by refusers shal be allowed him who next shall serue of all which fine or fines of Tenant or Tennants so refusing to accept and execute the said office of Reeueship according to the true meaning of these Schedules the Lord or Lords of the said Mannors or either of them of whom respectiuely such tenant or tenants so refusing shall hold ought and shall from time to time allow vnto such person or persons as being chosen and appointed to be Reeue as aforesaid and shall and will next after the refusall of any one or more of the said tenants so chosen accept and
the being or by his sufficient Deputie Item The homage of the Court of the said 7 How tennants may be righted against encroachments annoyances c. Mannors or of any of them may appoint sixe or seuen Tennants vpon any complaint to them made by any person or persons being Tenants of the said Mannors or of either of them in open Court that hee or they bee wronged by any incroachment or any other annoyance to their Copyhold Tenements which Tenants shal after the said Court view the same encroachment annoyance and impediment or place whereo● any such complaint shall be made and therevpon to present or notifie the same by a day to the Steward or to the homage at the next generall court that there may be set a paine or amerciament or both for the same by the Homage at the said next court according to the qualitie of the offence Item The Homage of either of the said Mannors 8 The Homage at euery generall cou●t is to present deceased tennants are to make presentment at euery generall Court to be holden for the said Mannors or for either of them of all the customarie or copyhold Tenants that they shall know shall bee deceased after the Court then last past at or any time before the said court whose deaths were not then found and presented and that held any copyhold or customarie or reputed copyhold or customarie Lands or Tenements of the said Mannors or of either of them And also as neere as they can present With their lands heires what Lands euery of them dyed seized of and of what estate and when he dyed and who is the next heire or heires to the same person or persons so dying seized and of what age or ages the said heire or heyres shall then bee of as neere as they can Item The Homage likewise ought to present 9 Also they must present the deaths of Free-holders c. the deaths of the Free-holders and when they dyed and who be their next heyre or heyres the ages of their heires which held any Lands or Tenements of the said Mannors or of either of them and the nature of their tenures so neere as they can to the intent the Lord may haue his reliefe which is but the value of one yeeres quitrent of the Tenements holden of the said Mannors or of either of them by Socage tenure Item If the Homage at any of the said Courts 10 What shall be donne if the next heire be not knowne of either of the said Mannors shall not know who is next heyre or heyres to any of the said customarie Tenants so dying seized when they shal make their presentments That then they shall make their presentment so accordingly and then vpon the said presentment at the next generall Court then after the Steward of the said Mannors of either of them or his Deputy for the time being within the said presentment shall so be made shall cause a Proclamation to be made in open court to the intent euery such heyre or heyres may haue knowledge to come and take vp the Lands and Tenements of his or their auncestors 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 Three Proclamations shal be made in two yeares space for the heire to take knowledge c. be made in full Court at three seuerall generall Courts which generall courts by the said custome are vsed to bee holden commonly one halfe yeere after another or thereabouth So that from the presentment made by the said Homage of the dying seized of the said last Tenant vnto the last proclamation shal be fully two yeres And if there shall come no heyre of the said Lands or Tenements nor any for him or them before the end of the court next after the court whereat the last of the said three Proclamations shal be made to make his or their claime and proue himselfe or themselues to the Homage of the said Court in such sort as they or the greater part of them shall allow of to be the next heyre or heyres of the whole bloud to the said Tenant deceased or to haue title to the Lands and Tenements nor to shew and proue as aforesaid who is or ought to bee next heyre or heyres of the whole bloud to the said Tenant deceased or next heyre or heyres expectant vpon any estate determined Then the Lord of If none appeare the Lord may then sease the land the Mannor whereof the same Land is holden for the time being shall and may after the next court next after the said three Proclamations so to bee made seize the Lands and Tenements which were the said persons so dying seized whose next heyre or heyres or such as shall haue title therevnto cannot be found or shall not come and make his or their claime and proofe as aforesaid and the same Lord then to take the issues and profits And keepe it vntill an heyre doe come thereof to his owne vse vntill such person or persons come that shall proue him or them next heire or heyres to the said person or persons so dying If no heire com w●thin three yeeres after the third proclamation the land seized And if none shall come in within three yeeres next after the third and last Proclamation made as aforesaid that shall and can conuey and proue him or them to be next heyre or heyres of the whole bloud or shew or proue who is or ought to be next heyre or heyres or to haue title as next in Remainder or Reuersion as aforesaid sh●ll escheate to the Lord. That then the said Lands and Tenements bee forfeited or shall escheate vnto the Lord of the said Mannor or Mannors for the time being Except that if the said Lands and Tenements shall or ought immediately to discend remaine reuert or come to any woman Couert or Infant within the age of one and twenty yeeres or to any person or 1 Except woemen couert baron 2 Infants within age 3 Prisoners 4 Persons non sanae memoriae 5 Persons out of the Realme persons being in prison or any person or persons not of Sanae memoriae or that shall not bee within the Realme at the time of the death of the said last tenant dying so seized or at the time of the first second or third Proclamation to be made as aforesaid That then in euery such case the Lord for the time being shall haue but the profits of the said Lands and Tenements vntill such persons or his her or their heire or heires shall come and make their claime So the said claime be made by the said woman or her heires within fiue yeeres Fiue yeares next after the death of her said husband or by her husband and her selfe during the time of her Couerture And by such person being within age or his heires before he
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
Stepney Hugh Dauis White Chappell Alexander Dauison Popler Iames Dauies George Dethicke Gilbert Dethick Henry Dethicke Iohn Day Bowe Rachel Dauison Robert Dixon White Chappell E Iohn Eaglefield and Iane his wife Bow Richard Edwards Alexander Elcock Richard Elcock George Edwards Shorditch William Ewens Limehouse Iohn Euans Iohn English F Raph Flauell Ratcliffe Iohn Flint Limehouse Iohn Forster Bow Iohn Fell Hackney Fuller widdow Ratcliffe G William Gough Bow William Goddard Vincent Goddard Iohn Garland Bow Richard Gouge Iohn Graues Limehouse Michael Geere Iohn George Roger Gunston Ratcliffe Roger Glouer Iohn Gunston Thomas Goddard Iohn Gruit vxor Richard Glouer Iohn Francis Robert Thomas H Sir Ferdinando Heyborne Hackney Gresham Hogan Henry Haynes Thomas Hawkes Richard Harrison Sr Tho Hardresse Mileend Mileend Robert Hart Thomas Hogge Will Herendin Robert Hunt Richard Hoskins Limehouse Walter Hendley Richard Hale Ratcliffe Robert Henricke Iohn Howland White Chappel Cord well Hamond Geor. Houghtō vx Thomas Halbrooke Nicholas Hallam Thomas Hartis Waiter Hallyley Elizabeth Hide Dorothy Iohn Hils Popler Iohn Harbert Rob. Hickes Will Hanford Robert Hudson Iohn Hether Bowe Francis Hollyday The heyres of Haggis The heires of Tho Hardcastle I Sir Iohn Iowles Knight Bowe William Iuie Limehouse Roger Iones Margaret Iorden Michael Iones et vxor Bowe Thomas Iones Ratliffe Iohn Ienks Ionas Iames. Nicholas Isack Adam Iohnson Shoraitch Iones widdow Limehouse K Iohn Key Miles Hackney Iohn Killingworth Shorditch Iohn Knowles Popler William Kattle Iohn King Limehouse L Robert Linage Robert Lambard Bowe Iohn Lowden Thomas Lawrence Ratliffe George Linum Richard Leigh et vxor Dame Margaret Lake Richard Lowfield Iohn Lowfield William Lowfield Humfry Lowfield Iohn Linkes William Lyones Mil●nd Iohn Lyones M Sir Wil Martin Knight Hack Elizabeth Mackeris William Mansbridge Richard Mills Iohn Maynard Limehouse Iohn Mynshawe Isabell Moore Iohn Moore Michaell Merrial William Millar Shorditch George Michell Thomas Mould Stepney Edward Mathewes Thomas Maning Ratliffe Henry maybancke whitechap Samuell Marsh Thomas Marsh Eme Melsham vid. Thomas Michell Anne Michell Popler Iohn Manshippe Francis Moore Bowe Richard Merrit Tho Marsh Esquire Milend Thomas Milton Ioane Manly N Iohn Newet Hackney William Newman Iohn Nichols Barbara Nichols Edward Nichols Ratliffe Laurence Netmaker Shorditch Thomas newport Limehouse Thomas Nichols Shipwrite P William Phillips sen Bowe William Philips iun. Lime Richard Parkes William Pond William Peacocke William Pointell Giles Patricke et vx William Palmer Bed Greene. Thomas Peirepoint Whitechap Thomas Peirciuall Bowe Henry Parsons et vx Shorditch Henry Parsons Hackney Miles Pressick Vincent Parrit Popler Iohn Pettit Thomas pinnock Richard Pointell Thomas Pye Christopher Potkin Hackney Q Mathew de Quester R Samuell Rowley Whitechap Roger Robinson Anne Riland late wife of Wil Haggis Richard Rooding Bowe William Roberts Henry Reynolds Popley Edward Russell Ratliffe Robert Rickman Edmund Rolfe Iohn Rolfe Thomas Railton Popley Catherin Rushbrooke Henry Riuers Richard Rowe Hackney Iohn Rowe Iohn Rich Limehouse Edith Read William Reeue Elizabeth Rider Bridget Rider Katherin Rider Grissingon Rider Roger Rose White Chapple Roger Rose and Hackney Iohn Rose William Swaine Hackney Iohn Steward Iohn Shelley Iohn Snape Barthol Smith George Saris of London Limehouse and Ratliffe William Simons Limehouse Peter Sumner Bowe Thomas Salter et vx Thomas Scorier Edward Smith Iames Short Shorditch Thomas Saunderson Ratliffe Iohn Sadler senior Iohn Stokes Richard Simmes milend Iohn Smith Popley Samuel Soame Iohn Swaine Robert Sheffield Ieremy Swanley I Iohn sweete Bednall greene George Smith White Iohn Smith his sonn Anthony Skinner Paul Smith White Chap Iohn Sadler iunor Nicholas Simondson Rat Samuel Sayers Hackney T William Thorne Popley Iohn Thorne Robert Thorne Edward Thickins White Henry Tyler Morgan Thomas Shorditch Henry Troutbeck Bow Iohn Thorowgood Stephen Trafford Richard Tiler Limehouse Peter Tailor V Thomas Vsher Hackney Thomas Valentine W Iohn West Popley Thomas Wats Iohn Walden Thomas West Edmond White Hackny Tho Walker Barthol Walker Eliz Walker Margaret Walker Milend Emery Wilson Eliz Wilding wid Iane Wilding Iane Willson Iohn Watts Ratliffe Wattkyns Wid. Abraham Wakefield White Chappell Thom. Wilson et vx Laurence Wyneall Alice Williams Iohn Wilde Shorditch Elizabeth walker Lime Henry Walker Iohn Walker Mathew Woodcott Anne Woodcott vid. Walter Whiting Thomas Whitebread Bow Andrew Wilmer Iohn Wilkinson Smith Wilkinson Henry Watley Iohn Watley Iohn Wright Edward Wyborne Iohn Wyborne Y Thomas Yardley White Chap ANOTHER TABLE ALPHABETIcall for the ready finding of the seuerall customes priuiledges and note-worthy matters contained in this Booke ACte or neglect of tennant for life or yeeres shall not preiudice those in remainder article 50. Acte priuate of any tennants contrary to these articles shall not extend to be abreach of customes to the hurt of the rest article 51. Admission denied by the Lord see article 28. How lands discended are to be taken vp article 33. 34 See Dissents and Surrenders   Amerciaments the Lord may distreyne for but not seise articles 53. Annoyances how to redresse see article 7. Appearance at two generall Courts yeerely article 3. Fayling to appeare shall be amerced article 4. Fayling at any Court other then the two generall Courts shall not bee amerced aboue foure pence article 65. Buildings hereafter to bee erected shall pay no other fines then in these articles art 67. Bylawes may bee made by the Homage which shall binde the Tennants art 63. Courts see Appearance   Commons surcharged how to remedy art 61. see Driuers Courtesie of England none for men heere art 11. Clayme by diuers and suite for Copyhold art 31. 32. 57. Chaunge of Lord see Recognition   Coheyres see Discents and Partition   Copyholders may not pull downe housen to set them vpon Freehold land art 46. See Forfeitures Copyholders May breake and digge their grounds   May fell downe timber and woods   May suffer housen to decay without forfeiture   May loppe trees vpon the wast before their housen   May digge grauell sand clay and loame vpon the wast to build or repaire art 46. 47. See Leases Discents art ●0 12. 13. 14. 15. 16. 17. 18. 33. Dower n●ne art 11. Dryuers of the Common art 60. 61. 62. Enchroachments and annoyances how to redresse art 7. Escheate to the Lord for want of Heyre art 10. Estates of Inh●ritance art 1. Fines due to the Lord vpon admissions art 19. 26. 35. 67. Forfeitures of Estate art 48. 49. Fees to the Homage art 56. 30. Fees to the Steward art 66. Gardian of the Heyre vnder age art 33. 37. Gauelkinde art 12. Homage their charge and dutie c. art 8. 9. 23. 31. 62. 63. What fees are due to the land art 5. 6. 30. Heyre not knowing what shall be done art 10. Headborough may take Surrenders art 20. 22. Last will and Testament See Surrenders   Leases Tennants may let for thirty one yeeres and foure moneths in possession from the making without Lysence art 38. but may not let for longer time vpon paine of forfeiture
vpon other admittances vpon alienations Surrenders or dying seized as aforesaid Item Euery person that exhibiteth or deliuereth 30 Duties to the homage and tennants for billes and Su● any Surrender or Bill to the Homage ought to giue and pay to the same Homage for euery such Surrender or Bill foure pence and euery of the said sixe Tenants and also the Hradborough or Reeue which shal be at the taking of any Surrenders as aforesaid ought to haue foure pence a peece of the parties that make the Surrender if the same Surrender bee taken within the said Mannors or in either of them But if they goe out of the said Mannors or either of them for the taking of the same then to haue eight pence a peece and their charges if they shall goe further off And the partie that procureth the said Surrender ought to giue to the said Tennants foure pence besides the said fees which foure pence is to be deliuered with the said Surrender or else he that bringeth in the said Surrender without the said foure pence shall pay it of his owne purse to the Homage Item If it chance at any time vpon the death of 31 Though an heire be admitted yet vppon a new claime the homage shall enquire c. for a coheire any Copyholder or customarie Tenant that there is an heire or heires found and presented by the Homage and after is or are admitted to the lands or tenements of the said Copyholder and at that time no other heires shal be knowne and after it shall chance that one or other commeth and claimeth to be co-heire with the said heire that is admitted then the homage ought thereof to enquire and if they finde his claime true they ought to present the same and then hee or they so claiming shall be likewise admitted and pay his Fine and haue his part of the premisses notwithstanding the former admission Item If any man be admitted to any possession 32 Wher tennan●s is admitted and after that an other claimeth the whole the Homage is not bound to enquire but he is driven to his fuite or to any Reuersion or Remainder of any Lands or Tenements whether they be to him discended as shal be supposed or to him Surrendred by any other person and after that commeth another person or persons who pretendeth a title to the whole premisses or to any part thereof and desireth that the Homage may enquire thereof In this case the said Homage is not bound thereof to enquire but he or they are driuen to his or their suite or plaint whether his or their title be right or wrong Exceptin such case where any person or persons shall claime as in the next precedent Article And yet if any shall require the Homage to finde whether he or they were the sonne or sonnes or daughter or daughters of such a one or no the homage knowing or well informed of the truth that he or they shal be the sonne or sons or daughter or daughters of him or her that dyed seized of the lands then in question The Homage ought therein to present the truth But not to present whether he or they ought to haue the premisses or any part thereof to the which another person is already admitted But in such case he or they shal be driuen to his or their suite or plaint as aforesaid for the recouery of their said right if any right they haue Except in such case where any person or persons shall claime as in the next precedent Article Item After the death of euery person being a 33 How lands discended are to be taken vp customarie Tennant of the said Mannors or of either of them the next heire or heires ought to come and take vp the Lands and Tenements whereof his or their auncestors so shall die seised At foureteene ●ee●es he is to be admitted in his owne person of what age soeuer he be of And if he or they be of the age of foureteene yeeres or vpwards hee is to be admitted in his owne person within a conuenient At foureteene yeeres is to be admitted in his owne person time after hee or they shal be presented Or else if hee or they bee vnder the age of fourteene yeeres then to come and take it vp by his Gardian Vnder 14. yeres by Gardian vntill he be of the age of fourteene yeeres as aforesaid and to pay for his fine according to the rates expressed in these Schedules and the Gardean to Gardian 3 shill●ngs 4 pence pay but three shillings and foure pence at the most for his fine for the Gardeanship or lesse as the Steward or his Deputy shall thinke fit And for Lands discended from the part of the Father the Who shal be Gardian next Cozen of the part on the Mother not able to inherite those lands ought to be Gardean And if See ariicle 37. the lands came from the part of the mother then the like cosen of the part of the Father ought to bee Gardean if that person will accept thereof and vpon their refusall or not praying to bee admitted Gardean at the first or second Court after that infant ought to be admitted then may the Steward admit any other of the kindred of the Infant to whom his Lands cannot discend to bee Gardian And if none of the kindred will accept of the Gardianship then may another be admitted And euery The Gardian shall accompt Gardian shall accompt to the heire of the profits and repaire the Copyhold Tenements of him whose Gardian hee is And vpon admittance shall be bound to the Lord for the time being with And shal be bound to the Lord to performe the same condition for performance thereof in such summe as the Homage of the said Court or the greater part therof shal like off And of the lands of euery Infant vnder fourteene yeeres of age that shal be a purchasor a gardian shal be admitted and shall so demeane himselfe in such manner as for the Gardian of an Infant hauing Lands by discent is limitted and appointed Item Euery person to whose vse any of the said 34 They to whose vse Lands are surrendred ought within 3. yeares after the presentment to take them vp Lands or Tenements shal be Surrendred ought to come within three yeeres after the same bee presented and take vp the same by himselfe if he be of age and to be admitted as aforesaid and to pay his fine or else by his Gardian as aforesaid Item If any of the said heires Alienees or Gardians 35 The Lord may distraine for the Fines Or by de fault of distrese selfe the lands doe not pay their Fines within one moneth after the same fines be extracted and the extracts deliuered to the Reeue or his Deputie for the gathering thereof and by them or either of them demanded then it shall bee lawfull for the Lord or Lords of the said Mannor
doe fill vp so much as shal be digged by him or them Item If any person or persons being Tenant Letting of lands for more then 31 yeeres 4 months is a forfeicture customarie shall without licence by Indenture or other writing or otherwise let his said customarie Lands or Tenements for more yeeres then one and thirtie yeeres and foure moneths it shal be a forfeiture of his estate by the custome of the said Mannors and of either of them being found and presented by the Homage or else otherwise lawfully and sufficiently proued Item For Treason or Felony whatsoeuer that shal be committed by any Copy-holder of the said 49 For what offences these copy-holders shall forfeit their estates Mannors or of any of them for which hee shal be lawfully attainted hee shall forfeit his Copyhold Lands and Tenements to the Lord of the said Mannor And for all other offence or offences act or acts whatsoeuer for which a Free-holder ought by the common lawes of the land to forfeit his free-hold lands and tenements there a Copy-holder of the said Mannors or of either of them shall forfeit as a Free-holder ought to forfeit in like case his Free hold But if a copyholder be out-lawed for any cause sauing Treason or Felony the Lord Outlaw●ie vnles for treason or felony shal be no forfeiture shall not haue the issues or profits of his lands And if a copyholder make a Feoffement of his copyhold gift in taile or lease for life or liues by Deede or without Deede by liuerie and seizin therevpon or shall suffer a Recouerie at the Common More forfeitur of estate viz. making a Feoffements guift in tale lease for liues suffering a Recoldy at the common law law leuie a Fine or wilfully refuse and deny to pay doe or performe his rents fines suites customes and seruices at any time hereafter due to the Lord or Lords of the said Mannors or of either of them for their said copyholds the same wilfull refusall being presented to the Homage by the Leuijng a fine or willfull denying to pay the rents fines c. oathes of three customarie Tennants with the Reeue or his Deputie the said Tennants or Reeue nor his Deputy being none of the Lords seruants and being found and presented by the homage the same shal be holden and reputed a forfeiture of his estate whatsoeuer hee shall haue by copy of Court Roll at the time of any such act committed or done in so much of his and their copyhold Lands and Tenements as hee shall haue committed any such act onely for so much of his lands tenements out of the which the said quit-rent and other duties is demanded and shal be due and wilfully denied by the said Tenant or tenants as aforesaid Or if any copyholder shall in the Or disclaiming to hold of the Lord. Lords Court or elsewhere in any Court of Record disclaime to hold his said copyhold Lands and tenements of the Lord of the Mannor whereof his Lands and tenements are holden or shall by pleading in the Lords Court or other Court of Record Or claiming their copy-holds to be free holds wilfully claime their copyholds to bee Free-holds or willingly and wittingly pleade in any Real action at the common law in chiefe as a Free-hold Or plead wittingly in a reall action at common law in chiefe as a Free-holder Tenant or shall willingly and wittingly doe any other act or things in or concerning his now Lands and tenements which shal be a disseisin or disinheritance of the Lord or Lords of the said Mannors or of either of them their heires or assignes Or doe any other act which shal be a disseisin of the Lord. other then such acts as in these Articles are especiall mentioned or dispensed withall that then hee shall forfeit his and their estate of and in the same Lands and Tenements so disclaimed to be holden or claimed to be Freehold or for which he shall pleade in chiefe or doe any such other act or thing as is aforesaid Finally the Lord of the said What other forfeictures the Lord shall haue Mannors or of either of them shall haue all such other forfeitures issues profits and aduantages of the said Copyholds as sha●l grow due to him by any Statute Lawes of this Realme being not against and contrarie to these Articles customes heere expressely set downe Item If any person or persons hauing any estate 50 The act or neglect of tennant for liues or yeeres shall not preiudice those in remainder of any copyhold lands or tenements holden of the said Mannors or of either of them for terme of life or liues or for terme of yeeres or in the right of their wiues of any estate although he she or they shall doe or suffer or neglect to doe any act or acts during the time aforesaid in or vpon the said Copyhold Lands or Tenements which may or shal be contrary to the custome of the said Mannors or of either of them The same act or acts so being done shall not preiudice or be hurtfull vnto the next person or persons to whom the said customarie Lands or tenements should or ought to remaine reuert or come nor to the said wife or her heires not being partie in Court or consenting in Court to the said act or forfeiture nor that the Lord of the said Mannors or of either of them shall take any longer aduantage issues or profits of the same Copyhold Lands or Tenements then during the time of such estates as is aforesaid of the partie committing doing or assenting to such act or acts So that after his or their decease or estates determined the said Lands and Tenements shall remaine reuert or come to the next person or persons or to such person or persons to whom the same should haue comen or remained or goe or reuert immediately after such estate or estates ended or determined as though there had beene no such act or acts done contrary to the tenor or true meaning of these presents by any such person or persons Item The particular or priuate act or acts of any 51 The priuat act of any tennants contrary to these articles shall not extend to be a breach of the customes to the hurt of the rest customary Tennant or tenants of any of the said Mannors which shall happen to be done wilfully by or betweene them or any of them and the Lord or Lords of the said Mannors or either of them and his or their Reeue or of either of them contrarie to the Articles true meaning of these presents neither doth nor shal extend to be cōstrued to bee a breach of the ancient Customes of the said Mannors or of either of them to the hurt or preiudice of the rest of the customarie Tenants but of themselues onely doing the said particular act 52 Tennant for life or yeeres making wast shal be fined by the homage Item
estate not exceeding Thirty and one yeares and foure momonethes in possession from the time of the making of any such grant or demise as to thē and euery or any of them respectiuely shall be thought fit or necessary without any forfeiture of estate seizure claime disturbance deniall or impeachment of the said Thomas Lo Wentworth his heires or assignes or any of his or their officers So allwayes that such grants lease and leases so to be made be at the first or second generall court for the Mannor whereof the landes or tenements so happening to be granted leased or demised are parcell to be holden next after the making thereof be published in open Court of that Mannor before the Homage there and a Remembrance thereof to be required to be made in the Rolles of the same court for the date terme and quantity of lands cottages or tenements so granted leased or demised Which remembrance the said Thomas Lord Wentworth couenanteth and granteth for him his heires assignes to with the said Sir Iohn Iolles and all other the said persons named parties to these presents and their and euery of their heires and assignes vpon the tender of a certainty thereof in writing to the Steward or Deputy Steward of that mannor for the time then being together with six pence of lawfull money of England for the entring thereof shall be in the court rolles of that Mannor duly and in conuenient time and without delay inrolled and a note thereof deliuered by the Steward for the time being or his Deputy to the party so leasing or any for him without any other consideration fee or reward to be giuen or paid for the same And in the said Schedules one other article Recitall of the 38 article see Pag 39. to the like effect is conteyned in these wordes following Item if any person or persons be disposed to let his or their customary lands or tenements to any other person or persons and to their executors and assignes for the terme of one and thirty yeares or lesse the same person or persons haue and shall haue full power and authority to set or let to farme his or their copy-hold landes or tenements to any person or persons their executors administrators and assignes for the terme of one and thirty yeares and foure monethes or lesse in possession from the time of the making there of by writing without any licence to him or them to be granted and without paying any fine to the Lord or incurring any forfeiture or seizure of or for the same So as the same lease doe not exceed one and thirty yeares and foure monethes from the time of the making thereof But such lease is and ought to be presented to the Homage of the Mannor whereof the landes or tenements so leased are held within one yeare after the making thereof Or else the same lease so made and not presented as is aforesaid shall bee void of none effect as in and by the said Indentures and Schedules appeareth The intent and true meaning of which said Indentures The intent of the Clause and Article was to make good all leases not exceeding 31. yeares and 4. monethes and of all and euery the said parties thereunto was and now is That the said clauses and articles should shall be taken and construed to be to confirme allow and make good all euery leases and grants made and to be made and entred as aforesaid although any such lease or grant leases or grants hath or haue beene or shall be made or limited to commence or beginne from after or at any day or time after the making or date thereof so as the whole terme granted or to be granted in or by such lease or grant leases or grants together with the time incurred or to to incurre from the day of the date or making thereof vntill the day or time limited or to be limited for the beginning or commencement thereof do not exceed Thirty and one yeares and foure monethes in the whole And the said seuerall limitations and prouisions conteyned in the said first recited clause or article for or concerning such publishing of the said leases or grants and such requiring of a remembrance thereof to be made in the said rolles and such tender of the Certainty thereof inwriting and of the said six pence for the entry thereof as in and by the same clause or article is prescribed or metioned And the said limitation or prouision conteyned in the said last recited clause or article for or concerning such presenting of such leases to the said Homage as in and by the same last recited clause or article is prescribed or mentioned were inserted into the sayd seuerall clauses or articles respectiuely as is aforesaid To the onely intent And to prevent frauds c. and purpose to preuent frauds to be vsed by any Copy-holders of the said Mannors or either of them in letting his or their Copy-hold lands or tenements for yeares at a small rent or otherwise and afterwardes surrendring the same to the vse of some other person or persons for money or other considerations as if it were in possession and not charged with any such Lease or grant But not with any purpose that the neglect or omission of publishing any such Lease or But not to giue any forfeictur to the Lord for neglect grant in the court of the said Mannors or either of them or of any request to be made for any such remembrance thereof to be made in the Rolles of the said Court or of the tendring of a certainty of any such lease in writing to the said Steward or Deputy Steward of any of the said Mannors or of the said six pence for entry thereof or of the presenting thereof to the sayd Homage as in and by the said recited clauses or articles is limited or mentioned should giue or be any cause of forfeiture or seizure of any of the said copyhold premisses so to be leased or granted to the Lord of the said Mannors or either of them for the time being but onely to make such Leases and Grantes for and in respect of such neglect or omission as is aforesaid vtterly voyd of no e●●ect which said intent true meaning of the said Indentures and of the said parties thereunto is testified agreed and declared in and by certaine other Indentures made betweene the said parties to the said first recited Indentures and bearing date the last day of The Indentures of the 30 of Iune Iune in the said Fifteenth yeare of your Maiesties Raigne May it therefore please Your most excellent Maiesty at the humble suite of your said subiects and for the setling of perpetua●l peace and quietnesse amongst them in and concerning the premisses That it may be enacted by your highnesse with the assent of the Lordes spirituall and temporall and the commons in this present Parliament Assembled and be it enacted by the Authority of
the same That the making of any Lease or grant leases or grants sithence the making of the said first mentioned Indentures or of any Lease or The Act that Leases may be let for 31 yeares 4. moneths from the making without forfeiture grant leases or grants at any time hereafter to be made for any terme or tearmes of yeares not exceeding one and thirty yeares and foure monethes from the making or Date thereof by any the Copy-holders or Customary Tenants parties to the said first mentioned Indentures their heires or assignes or others that hereafter shall be Tenements by Copy of Court Boll or Customary Tenants of any of the Landes or Tenements that were any of the said persons named to bee parties at the time of the making of the said first mencioned Indenture from time to time shall not be any forfeiture or cause of forfeiture or seizure to or for the Lord of the said Mannors or either of them for the time being or to or for any other person or persons lawfully clayming from by or vnder the same Lord or Lords allthough such Lease leases or grants hath beene or shall be made without any licence of the Lord of the said Mannors or either of them or hath not beene or shall not be published in the Court of the same Mannors or either of them and allthough no request hath beene or shall be made for any remembrance thereof to be made in the Rolles of the said Court or any such tender of a certainty of any such lease or grant leases or grants or of six pence or any other summe for entry thereof and although any such Lease or grant leases or grants hath not or haue not beene or shall not bee presented to the said Homage as in and by the said clauses or articles is prescribed or mentioned And although any such Lease or grant leases or grants hath or haue beene or shall bee made or limited to commence or beginne from after or at any day or time after the making or date thereof so as the whole terme granted or to be granted in or by such Lease or grant together with the time incurred or to incurre from the day of the date or making thereof vntill the day or time limited or to be limited for the begining or commencement thereof do not exceed Thirty one yeares and foure monethes in the whole and that the neglect or omission of any such publishing requesting tendring or presenting as is aforesaid neither is nor shall bee any forfeiture or cause of forfeiture or seizure of the Landes or Tenements so Leased or to be leased or granted or any of them But if any such neglect or omission hath beene or at any time hereafter shal be But the Leases to be voyd if they be not presented at the first or 2. generall Court next following then euery such Lease of or concerning the which such neglect or omission hath beene or shall bee had shall be vtterly voyd and of no effect And be it further enacted by the authority of Both the Indēters Schedules Decree present explanation of the said clause Art enacted to stād foreuer this present Parliament That aswell the aforesaid two clauses or Articles herein perticulerly recited with such alteration or addition and so explaned construed and enlarged as is aforesaid As also all and euery other the Clauses Articles Agreements and matters in the said seuerall Indentures Schedules and Decree and euery or any of them conteyned shall be ratefied allowed and confirmed by the authority of this present Parliament and that the same seuerall Indentures Schedules and Decree so explained confirmed and enlarged as is aforesaid and euery of them shall bee of force to bind and conclude all and euery the said parties thereunto or to any of them and their and euery of their heires executors administrators and assignes and all and euery person and persons clayming or which shall claime from by or vnder them or any of them in all thinges according to the purport effect and true meaning of the same seuerall Indentures Schedules and Decree and of euery of them and of this present Act And that the same seuerall Indentures Schedules and Decree and euery of them and euery Clause Article and sentence in them and euery or any of them conteined with such alteration enlargments and so explained as is aforesaid shall for euer from and after the making of the same Indentures Schedules and Decree stand bee and remaine and shall be adiudged and taken to stand and be of such and the same force and effect to all intents and purposes as if the same seuerall Indentures Schedules and Decree so explained construed and enlarged as is aforesaid and euery of them and euery Clause Article and sentence in euery of them conteyned were specially and perticulerly expressed and enacted by the Authority of this present Parliament And whereas sithence the making of the said Those which haue compounded since the first Indenture shall enioy the like benefite as the former first mentioned Indentures Your most humble Subiects Sir Thomas Hardresse Knight Richard Catcher sonne of Thomas Catcher monyer Iohn Wright butcher Thomas Pynnocke Elizabeth Hide Dorithy Hide daughter of Edward Hide Walter Whiting mariner Giles Patrick and Sibell his wife Michaell Merrioll Iohn Bigate Anne Ryland late the wife of William Haggis Thomas Wilson gentleman and Katherine his wife Iohn Crane Giles de Bude Sara Hill Constance Clarke Mary Simondson Thomas Denham Samuell Crowther Iohn Crowther Ioseph Crowther Mary Tinesty Thomas Ieffery George Needham William Locke Peter Pierce his heyres Thomas Damport gentleman Richard Bradley Thomas Paramore Esqtuer Iohn Robothom gentleman Richard Alsop Iohn Vassoll William Speering George Speering Walter Whiting Richard Paramore Iohn Robinson Griffine Ellis Ioseph Thornton Beniamine Thornton Tobias Thornton Mathew Graues William Philips Mariner IOHN GALE gentleman WILLIAM GALE gentleman HYMFRY WESTVVOOD GEORGE SMITH gentleman CHRISTOPHER POTKIN EDVVARD BVRLEY FELIX WILSON gentleman and ANNE his wife ARTHVR WINGHAM RICHARD WINGHAM and THOMAS WINGHAM her sonnes WILLIAM DOVE gentleman Anne his wife and IOHN PEASE her sonne WILLIAM CHAPPELL and HENRY IOHNSON Brewer ROBERT KEALE gentleman THOMAS CHAPMAN IOANE his wife DANIELL BASSANO IOHN HODGSON HELKIAH READE CORNELIVS GODFREY THOMAS THORNTON PHILLIP IOYCE and ELIZABETH his wife THOMAS THREDDER being Copy-holders and Customary Tennants of Diuerse messuages Landes and Tenements some o● them being percell of or within the sayd Man nor of Stepney alias Stebenheath and the residue thereof being parcell of or within the said Mannor of Hackney haue likewise sithence the sayd first mencioned Indentures compounded and agreed with Your said Subiect Thomas Lord Wentworth to haue and enioy to them their Heires and Assignes such the same and the like Customes Orders Immunities discharges benefits and Priuiledges of in for and concerning All the Messuages landes Tenements and Hereditaments which they the said Copy-holders and customary Tenants last before named and