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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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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
Hereafter ensueth the auncient seuerall customes of the seuerall Mannors of Stebbunhuth and Hackney Stebbunhuth 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 Honorable Henrie L. Wentworth Lord of the saide seuerall Mannors and all the Copieholde Tenantes of the said 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 INprimis by the customes of the said Mannours al the Copieholde Landes and Tenementes of the saide Mannours and of euerie of them be and alwaies haue beene auncient copieholdes of inheritance in Feesimple according to the seuerall customes of the saide Mannours and of euerie of them of which the same been seuerally holden except suth parts and parcells of the said Mannours or of either of them being of the demeasne lands and of the wasts of the said mannours and of either of them which haue not beene graunted out by the Lorde or Lords of the same to holde by coppie of Court roll but sithens the beginning of the raigne of the queenes Maiestie that nowe is which partes and parcells so graunted to holde by coppie of court roll are and be excepted and are ment to bee excepted out of these Articles ratification and agreement and also all other the landes tenements and hereditamentes mentioned and specified in the seconde sedule to these presents annexed which are and shal be of no other validitie and force then they shoulde haue beene of if these articles and agreements had neuer been made And all coppies haue beene tyme out of minde and bee made to holde of the Lord by the rodde according to the custome of the saide mannours by the rents customes suts and seruices therefore due and accustomed 2 Item the rentes of all the tenements both freeholders and coppieholders which holde anie meswages cotages lands tenements or hereditaments of the saide mannours or of anie of them is yeerelie payable at the feast of saint Michaell Tharchangell to the Lorde and his heires the same to be collected by Reeues of the said mannors to be yeerelie chosen as heereafter is expressed and all and euerie the coppieholde Tenants shal hereafter pay so much rent as anie of them haue paid within two yeeres last past for their seuerall coppieholds that if anie one of the saide coppieholds for the which anie intire quitrent is nowe paide shall come into seuerall hands the saide rent shall be apporcioned by thomage 3 Item all the coppieholde Tenants which now be or heereafter for the time being shal be ought to appeare yeerelie at two generall Courts holden for the said mannors or for either of them And also so many of them at al other set or apointed Courts set appointed or kept or to be set apointed or kept for the said mannors or for either of them or for the Lord or Lords of the said manors or of either of them as shall be warned therevnto by the Reeue or his sufficient deputy for the time being and they to doe their sutes and seruices according to their tenures except they be essoyned lycenced or haue some other lawful excuse vpon the paine heereafter following which generall courts haue beene commonlie kept and are to be kept yeerelie th one of them the Tuesdaie next after Lowe Sundaye thother about the feast of Saint Andrewe the apostle vpon reasonable warning 4 Item if anie of the customarie or copieholde tenants of the said Mannors or of either of them doe or shall make default in their appearaunce at anie of the saide two generall courts to which their sutes shall be due or if such copieholde tenants as shall be especiallie warned to appeare at anie of the saide sette Courts in forme aforesaide yeerelie to be holden doe make default to which the saide sute is or shal be due and warning openlie giuen in the parish churches within the said Mannours of the daie and place of the holdyng of the same generall courts vpon speciall warning to be giuen for the said seuerall set Courts that then they that shall so make default except they be essoyned or haue some other lawfull or reasonable excuse shall be amersed by the homage of the saide Court or anie of them which amerciement shall bee taxed by two Afferrours of the sayde Court. That is to say by two Tenants of the homage whereof the Steward of the saide Mannours or of either of them for the time being hath alwaies vsed to choose and shal choose one for the Lorde and the residue of the homage then present haue chosen and heareafter shall choose the other 5 Item if anie Tenant bee Summoned to appeare at anie set Court or Courts to bee holden within the saide Mannors or in anie of them and doth appeare vppon the saide Sommons he ought and is to haue for his paines iiij d. and his dinner or viij d. and no dinner which ought and is by the saide custome to bee paid by such person or persons who shall bee the cause that anie such Tenants do appeare for his or their matter so it bee not for any matter or cause that concerneth an inquirie or presentment to be made concerning the Lord for the time being his heires or assignes 6 Item the Copieholde Tenants of the saide Mannours and of eyther of them ought to haue euerie of them like allowaunce vpon euerie viewe by them to bee made and vpon euerie partition by them to be made or vppon other Summons to appeare betwixt Tenaunt and Tenant when they be appointed therevnto by precept from the Stewarde of the said mannors or of either of them for the time being or by his sufficient deputie 7 Item the homage of the Court of the saide Mannours or of anie of them may appoint sixe or seuen Tenants vppon aanie complaint to them made by anie person or persons being Tenantes of the saide mannours or of either of them in open Court that he or they be wronged by any incrochmēt or anie other annoyaunce which Tenauntes shall after the saide Court viewe the same incrochment annoyance and impediment or place whereof anie such complaint shall be made and therevpon to present or notifie the same by a day to the Stewarde or to the homage at the next generall Court that there may be sette a paine or amerciement or both for the same by the homage at the saide next Court according to the qualitie of the offence 8 Item the homage of euerie of the saide Mannours are to make presentment at euerie general Court to be holden for the said Mannours or for either of them of all the
surrēdred by ani other person after that cōmeth another person or persōs who pretendeth a title to the whole premisses or to ani part therof willeth that homage to enquire therof in this case the said homage is not bound thereof to enquire but he or thei are driuē to his or their sute or plaint whether his or their tytle be right or wrong yet if he or they require the homage to find whether he or they wer the son or sons of such a one or not and the homage knowing the truth that he or they were the son or sons of such a one the thing the homage ought to presēt but not to presēt whether he or they ought to haue the premisses or any part therof to that which another persō is alredy admitted but in such case he or thei shal be driuen to his or their sute or plaint as aforesaid for the recouery of their said right if any right they haue 32 Item after the death of euery person being a customary tenant of the said manors or of either of thē the next heire ought to come take vp the lands tenemēts wher of his auncestours so shall dye seazed of what age soeuer he be of if he be of the age of xiiii yeeres or vpwards he is to be admitted in his own person within a conuemēt time after he is presented or else if he be vnder the age of xiiii yeres then to come take it vp by his Garden vntil he be of thage of xiiii yeres as aforesaid to pay for his fine according to the rates aforesaid the gardē to pay but iii. s. iiii d at the most for his fine for the gardenship or lesse at the discretion of the Steward 33 Item likewise euery person to whose vse any of the said lands or tenements be surrendred ought also to come within a cōuenient time after the same be presented take vp the same by himselfe if he be of age to be admitted as aforesaid and to pay his fine or else buy his Garden as aforesaid and to take out his copie 34 Item if any of the said heires alienees or gardeins do 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 therof and by them or either of them demaunded then it shal be lawfull for the L. or Lords of the said mannor or mannours for the tyme being or his or their officers to distraine and auowe as for rents and for want of distresse to seaze the landes 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 sayd fine or fines to be paide by him or them that so ought to pay the same 35 Item if any customary or copiholde tenaunt of the saide Mannours or of either of them shall not pay his rents for his copiehold for which the same is due and demaunded by the said Reeue or his deputie then it shal be lawfull for the lord or lordes of the saide Mannour or Mannours for the tyme being or his or their officers to distraine and auowe and for want of distresse to seaze the lands and tenements out of the which the same ought to be paid to take to enioye the rents issues profits of the same to his or their owne vse vntill he or they shal be fully satisfied paid the same rents by him or them that so ought to pay the same 36 Item that when any Tenaunt dyeth leauing his heire vnder thage of xiiii yeeres the custome is that the next of the kinne to whome the land and tenements can not descend shall haue if he shall require it the custodie of the heire of his landes and tenements committed vnto him vntil he come to thage of xiiii yeeres and then he to chuse his owne garden 37 Item if any person or persons be disposed to let his customarie Lands or tenements to anie other person or persons and to their executors and assignes for terme of xxxi yeeres or lesse the same person shall by the same custome of the said Mannours vpon request at a court holden or to the Steward out of court haue a licence by him or them graunted paying for a fine to the lord after the rate of iiii d. for euery yeere so vnto him graunted and no more for so many yeeres as he the same requireth not exceeding xxxi yeeres Neuerthelesse by the saide custome it shal be lawfull for any person or persons to let his customarie landes and tenements to anie person and persons and to their executors or assignes for the terme of three yeeres or lesse by writing or by word without licence to him to be graunted and without paying any fine to the Lord or incurring any forfaiture or seisure for the same so the same lease do not exceed three yeeres from the date and making thereof 38 Item The customes of the sayde Mannours is to giue to the Lorde vppon the chaunge of euerie Lorde tenne poundes that is to saie out of eache Mannour fiue pound for the recognition and acknowledging of the seruices 39 Item By the custome of the sayde Mannours and of either of them the Homage of euerie of the sayde Mannours doe vse yeerelie at the generall Court to be holden next after Michelmas to electe and chuse seuerall Reeues for euerie of the saide Mannours that is to saie to elect and chuse two customarie Tenauntes to beare the office of the Reeue for eache of the said Mannours namely he that was before in election and one other to him to the intent the Lord of the said Mannours or of either of them or his Stewarde may appoint the one of them so elected for one whole yeere for eche of the saide Mannours so he be appointed within that Mannour of which he is a Tenaunt and for the which he shal be so chosen which Reeue so beeing appointed ought by the custome of the saide Mannours to take vppon him the said Office for one whole yeere then next ensuing to execute the same by him selfe or his Deputie for whome hee shall aunswere and to be subiect to accompt and aunswere for the same as heretofore they haue bene accustomed to doe And if a copieholder shal be chosen to be the lordes Reelie according to his turne and refuse to serue the said office by himselfe or by his deputie being appointed thervnto as aforesaid euery such person so refusing within the sayd Mannour of Hackney shall pay for a fine vi li. xiii s. iiii d. and euery such person so refusing within the sayd Mannour of Stebbunhuth shall pay for a fine x. li. to the Lord of the sayde Mannours and the homage of either Mannours shal be charged frō time to time to chuse an other Reeue in place of him that so refuseth vntill
landes and tenementes so disclaiming to holde or claiming to be free holde or for which he shall pleade in Chiefe or doe any such other acte or thing as is aforesaide Finally the Lorde of the saide Mannours or of either of them shall haue all such other forfaitures issues profits and aduauntages of the saide copiholdes that shall grow due to him by any Statute lawes of this realme being not against and contrary to these articles and customes here expressely sette downe 48 Item If any person or persons hauing any estate of any copiehold lands or tenements holden of the saide Mannors or of either of them for terme of life or liues or for terme of yeres or in the right of their wiues of any estate although he or they shall doe any acte or actes during the time aforesaide in or vpon the sayde copieholde landes or tenementes which might or should bee contrarie to the custome of the sayde Mannours or of either of them the same Acte or Acts so beeinge done shall not preiudice or bee hurtefull vnto the nexte personne or persons to whome the said customarie landes or tenementes should or ought to remaine reuert or come nor to the saide wife or her heires not being partie or consenting to the saide acte or forfaiture nor that the Lord of the saide Mannors or of either of them shall take any longer aduantage issues or profits of the same copiehold landes or tenements then during the time of such estates as is aforesaid of the partie committing doing or consenting to such acte or acts so that after his or their decease or states determined the saide landes and tenements shall remaine reuert or come to the next person or persons or to such person or persons to whome the same should haue commen or remained or reuerted immediately after such estate or estates ended or determined as though there had bene no such acte or actes done coutrarie to the saide custome by any such person or persons 49 Item By the custome of the sayde Mannours and of either of them the particuler or priuate acte or actes of any customarie tenaunt or tenaunts of anie of the saide Mannours which shall happen to be done wilfully by or betweene them or any of them and the Lord of the saide Mannours and his Reeue or of either of them contrarie to the custome of the saide Mannours neither doth nor shall extend to be construed to be a breach of the auncient customes of the said Mannours or of either of them to the hurt or preiudice of the rest of the customarie tenaunts but of themselues onely doing the said particular acte 50 Item that if any tenaunt for terme of life or liues onely or for terme of yeres of customary lands shal make any wast that then he shal be fined by the homage the third part of which fine shal be to the Lord and the other two parts shal come to him in the reuercion or remainder of the said copihold 51 Item The Lord for non paiment of amerciaments may distraine his said Tenaunts and auow for the same as for rents but he can not seaze any of his or their lands or tenements for non payment thereof vntill he be paide 52 Item vppon the admission of any coheires ioynt Tenaunts or Tenaunts in common if they cannot agree to occupie their Landes and Tenements together or to make particion among them selues then he or they that be greeued may by the custome of euerie of the saide mannours haue a precept from the Steward directed to seauen customarie Tenaunts or more of the saide Mannours within which the said Lands and Tenements doe lye and they shall make particion thereof and the same returne to the Steward of the said Mannours againe to be inroled in the Court Roles of the saide Mannours whereof the said Landes or Tenements be holden whervppon the saide heires shall goe to the Steward of the saide Mannours within which the said Lands or Tenemēts shall lye and then elcte and chuse their partes in forme following That is to saie the youngest sonne to chuse first then he that is next to the youngest to chuse next and so after that rate vnto the eldest howe manie so euer which eldest shall chuse last and likewise the same order is to bee obserued amongest daughters if there be no sonnes And amongest all other degrees of heires touching the customarie Landes and Tenements holden of the saide Mannours or either of them and vpon euerie such particion they shall paie for a fine to the Lord ii s. vi d. or lesse at the discretion of the Steward according to the quantitie of the Landes or Tenements so parted betweene Tenaunts in common ioynte Tenaunts for the like fine the saide deuision to bee by the saide Tenaunts without election of the parties themselues but by casting of Lottes if they cannot otherwise agree 53 Item if any customarie or free tenaunts cattell or the cattels of their farmours be brought to the Lordes pound the saide Tenaunt or his farmour shall paie for all his Cattell if they be a hundred heddes or vpwards or vnder for the poundage therof but one peny he that is no tenaunt shall pay for euery distres of cattel so pounded foure pence 54 Item if any cattel be impounded with in the lords pound by any person or persōs being a customary tenaunt or tenaunts of the saide Mannours or of either of them for any trespas committed or done within the saide Mannours or in either of them vppon their coppiholds that all such Cattell being so impownded maye by two of the customary tenaunts of the said Mannours or of either of thē wherin the saide Trespas shal be committed which wil aunswer for all such damags and costs as shal be recouered in the said Court against the owners of the same Cattell for the saide Trespas be deliuered out of the saide pownd vnto the owner of the said Cattell by the custome of the same mannours of either of thē 55 Item by the custome of the said manors of either of thē no customary tenāt shal sue vex or trouble anie other customarie Tenaunt for anie title of Landes or Tenements lying and being within the saide Mannours or in either of them being Coppihold Landes or tenements of the saide Mannours or of either of them out of the Lordes Court without the speciall licence first had and obtained of the Lorde of the said Mannours or of either of them or of his Steward for the time being if any person doe the contrary he shall haue his Landes or tenementes seized into the Lordes hands vntill he pay a fine to the Lorde for the same offence such fine as shal be sessed by thomage at the next generall Court of the saide Mannour or Mannours 56 Item that no customary Tenaunt of the saide Mannours or of either of them for anie offence to be done by anie mannes Cattell within the saide Mannours or in either of them shall driue the same Cattel to any forraine pounds but to the lords pound being within the sayd Mannours or in either of them if anie man doe the contrarie to be amerced at the next generall court by the homage 57 Item that no tenaunt or any other person shal set any stake mark or meare betweene tenaunt and tenaunt or betweene Tenaunt and any other person that lyeth next vnto him without the parties doe therevnto agree vnlesse an order be appointed by the Homage that it may be first viewed by twelue tenants of the saide Mannours or of either of them where the stake or meare is to bee set and there to set the stake or marke indifferentlie betweene both the saide parties and so to continew it vpon paine of amerciament by the homage 58 Item by the custome the homage do yeerelie vse at the generall Court holden after Lowe Sunday to elect and chuse out of the hamlets within euirie of the said Mannours certaine customary Tenaunts to be driuers and viewers of the wasts and cōmons of the said Mannours or of either of them for one whole yeere which haue authoritie by the said Custome to driue the commons at anie time when they finde it surcharged and to impound the Cattell by them so taken and no other so to driue the saide common then the persons so chosen as aforesaide 59 Item if by their driuing the Surcharging cannot be remedied then they ought to informe the Homage thereof at the next Court that they may amerce th offenders whether the saide offenders be Tenaunts or no Tenaunts and also to put a paine or an amerciamēt vpō their heades that they shall not likewise offend 60 Item if the said driuers receiue by the said poundages any more mony then they spend in their trauel the rest shal be imployed to the Scowring of the common sewers which be vpō the said wast grounds commons laying of bridges ouer the saide common sewers and shall make their accompt in that behalfe to the homage at the general court whē the yere for which they were chosen shall expire 61 Item by the custome of the said Mannors of either of them the coppieholde customary tenaunts haue vsed to make byelawes at their general courts when ned haue so required which custome shal be cōtinued the said bylawes so by thē made shall binde all the Coppiehold Tetauns of the said Mannours or of either of them so the same bee not contrarie to the true meaning of these Articles 62 Item by the custome of the said mannors of either of thē tenaunts in taile of customarie Lands and tenements may suffer common recoueries within the said seuerall Mannors with single or double vouchers or by agremēt forfait the said Lands and Tenements into the Lords hande for the cutting of the estate tayle which custome by these Articles shall hauc still continuaunce and that such recoueries forfaitures are shal be good by the saide custome to barre the said intaile Sealed and deliuered in the presence of Edmond Poley Iohn Lany Thomas Wakelin Thomas Kent William Onslow Iohn Iermy