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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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seazed that is to say his or their brother or brothers children or childers children according to the custome of Gauelkinde and so foorth as long as anie of that issue shal be on liue being of the whole bloud and in default of suche issue the Sisters and Sisters children according to the custome of Gauelkind and so forth as long as anie issue shal be on liue and being of the whole bloud and for lacke of such issue the Vnckles and their issues being of the whole bloud so long as anie issue shal be liuing And no default of such issue the Aunts and their children so long as anie shal be liuing of the whole bloud for lacke of such issue the next of kinne of the whole bloud according to the custome of Gauelkinde 15 Item If anie person so dying seazed as aforesaide without issue of his bodie and hauing diuers brothers of the whole bloud whereof the one or some of them shall haue beene married and shall haue issue and after issue had shall die before the saide brother dying seazed as aforesaide That then the issues of the saide brother or brothers so dying before him that died seazed as aforesaide shall ioyne and be coheyre with the brother that suruiueth the brother that so died seazed as aforesaide whether the said issue be Males or Females But Males and Females of one venter can not ioyne to be coheires together so that the course of discentes is to be obserued by the saide custome according to the custome and nature of landes in Gauelkinde 16 Item likewise shall the issue of the daughter that shall die in the life of the Father or Mother be coheire with the Aunt that liueth being of the whole bloud 17 Item likewise shall the Vnckles and the Vnckles brothers children being of the whole bloud be coheires together as aforesaide 18 Item likewise shall the Aunts and the Aunts sisters children ioyne and be coheires as aforesaid and so forth of all further degrees of all collaterall heires being of the whole bloud which may conueigh themselues to be anie Cosins and heires of the whole bloud to anie person or persons dying seazed of anie of the foresaide customarie Landes or Tenements according to the custome of Gauelkind 19 Item by the customes of the saide seuerall Mannours euerie coppieholder of inheritaunce in fee simple may surrender his saide coppieholde Landes and Tenements or anie part or parcell therof vnto any person or persons and to his or their heires for euer or to his or their heires of his or their bodies or any other waies intaile or for life or liues or yeres or to anie person or persons and to their heires to thintent the saide coppieholde Tenante may declare his last Will and Testament vppon the same Lands and Tenements or to anie other vse or vses vnlesse it bee to anie corporation or corporations or bodies politique or corporate And euerie coppieholder intayle for life liues or yeeres of anie of the saide Mannours may in like manner by the customes of the saide Manuours and of euerie of them surrender their coppieholde Landes or anie part thereof according to the nature of their estates so the same surrender be made according to the custome concerning surrenders as heereafter ensueth And all the same persons to whose vse euerie such surrender shal be made are to haue their copies made to hold of the Lord by the Rodde according to the Custome of the saide Manours whereof they beene seuerally holden by the rentes customes sutes and seruices therefore due and accustomed vpon euery of which surrēders the fine and fines for the same heereafter expressed is by the said customs to be paid 20 Item By the custome of the sayde Mannours and of euerie of them euerie surrender taken out of the Court by the Headborow or Reeue or his deputie and in the presence of sixe customarie Tenaunts of the saide Mannours of which the saide Landes or Tenements surrendred shal be percell witnessing the same surrender of anie person or persons of his or their customarie Landes or Tenements holden of the said Mannours or of either of them and being of the full age of one and twentie yeeres or vpwardes except women coouert barron and such as are not of perfect minde to the vse of any person or persons shal be as good as if it were taken in open court by the said Steward of the saide Mannours or of anie of them so that such surrenders be by Thomage presented as haereafter followeth 21 Item By the saide custome no woman being couert barron can make any good surrender of her Landes and Tenementes holden of the saide Mannors or of either of them eyther by the handes of the Reeue or his deputie or by the handes of the Headeborow in the presence of the saide sixe Tenaunts sauing in time of extremity of sickenesse or death in either of which cases she may by the saide Custome together with her husbande surrender her saide Landes and Tenements holden of the saide Mannours or of either of them by the hands of the Reeue or Headeborowe and sixe Tenaunts and if anie such woman couert barron so surrendring doe after that recouer her health and doe not at the next generall Court then following ratifie and confirme the same before the Stewarde or his deputie in the presence of the Homage that then the same surrender is to bee voide And all surrenders made by anie woman couert barron otherwise then in extremitie of sickenesse or death as is aforesaide be voide except such women couert barron bee soly examined before the Stewarde of the saide Mannours or of anie of them or his sufficient deputie as heereafter followeth 22 Item That all surrenders taken eyther by the Reeue or his deputie or by the Headborowe for the time being and in the presence of sixe customarie tenants ought to be by the Homage presented at the generall Court holden for the sayde Mannours after the taking thereof or within one yeere and a day next after the taking of the same if anie such generall Court bee holden within the yeere and the day after the same surrender so taken or else if no such generall Courte bee holden within the yeere and the day then to bee by the same Homage presented at the next generall Courte to be holden after the same yeere and daie and then to be as good a surrender as anie surrender taken in open Courte or else all surrenders taken by the saide Reeue or his deputie or by the said Headborow and in the presence of sixe Tenauntes and not presented by the saide homage in maner and forme aforesayd to be void 23. Item The homage by the saide custome must write Billa vera vppon euerie surrender by them presented when they finde the same surrenders agreeable to the custome and also vppon euerie other of their presentmentes they shall make Billa vera when they be agreeable to the saide custome or else if the sayde homage
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
customarie or coppieholde Tenauntes that they shall knowe shall haue died after the Court then last past or at any time before the said court whose deathes were not then found and presented which shall haue holden anie customarie or coppieholde Landes or Tenementes of the said Mannours or of either of them And also as neere as they can present what Landes they dyed seazed of and also of what estate and when he died and who is the next heire or heyres to the same person or persons so dying seazed and of what age or ages the saide heyre or heyres shall then bee off as neere as they can 9 Item likewise the homage ought to present the deathes of freeholders and when they dyed and who bee their next heyres and the ages of their heires which helde anie Lands or Tenements of the saide mannours or of either of them and the nature of their tenures so neere as they can to thintent the Lorde may haue his reliefe which is but the value of one yeeres quitrent of the Tenement holden of the saide mannours or of either of them by Socage tenure 10 Item if the homage at anie of the saide Courts of either of the saide mannours shall not knowe who is next heire or heyres to anie of the saide customarye Tenauntes so dying seazed when they shall make their presentments that then they shall make their presentment so accordingly and then vppon the saide presentment at the next generall Court after the Stewarde of the saide mannors or of eyther of them or his deputie for the time being within which the saide presentment shall so bee made shall cause a Proclamation to be made in open court to thintent euerie such heyre or heyres may haue knowledge to come and take vp the Landes and tenements of his or their auncestours and so the Steward or his deputie shall cause a Proclamation to bee made from generall Court to generall Court vntill three open and publique Proclamations bee made in ful Court at three seuerall generall courts which generall Courts by the said custome are vsed to bee holden commonlie one halfe yeere after another or there abouts so that from the first Proclamation to the last is full neere one yeere and a halfe which is about full two yeeres from the presentment made by the sayde Homage of the dying seazed of the sayde last Tenaunt vnto the last Proclamation and if there shall come no heire to the saide Lands or Tenements before the ende of the saide three Proclamations to make his clayme and prooue himselfe to the Homage of the saide Court in suche sort as they shall allowe off to bee the next heire of the whole blood to the saide Tenaunte deceased or to haue title to the Lande and tenements nor to shewe and prooue as aforesaid who is or ought to be the next heire of the whole bloud to the saide Tenaunt deceased or next heire expectant vpon anie estate determined then the Lorde of the saide Mannours or of either of them for the time being shal and may after the saide three Proclamations so to bee made seaze the Landes and Tenements which was the sayde persons so dying seased whose next heire or such as shall haue title therevnto cannot bee founde or shall not come and make his or their claime and proofe as aforesaide and then to take the issues and profites thereof vnto his owne vse vntill such person or persons come that shall prooue him or them next heire or heyres to the saide person or persons so dying seazed and if none shal come within three yeeres next after the thirde and last proclamation to bee made as aforesaid that shall and can conueigh and proue him or them to bee next heire or heires of the whole bloud or shewe and prooue who is or ought to be next heire or to haue title as next in remaynder or reuertion as aforesaide That then the saide Landes and Tenementes bee forfayted or shall escheate vnto the Lorde of the saide Mannour or Mannours for the time being except that if the said Lands tenements shall or ought immediatly to descend remaine reuert or come to any woman couert or infant within the age of xxi yeeres or to any person or persons not of Sane memoriae or that shall not bee within the Realme at the time of the death of the said last Tenaunt dying so seazed that then the Lorde for the tyme being shall haue but the profites of the saide Landes and Tenementes vntill such persons or their heires shall come and make their claime as aforesaide so the saide clayme be made within fiue yeeres by the saide woman or her heires next after the death of her said husband or by such person being within age or his heires within fiue yeeres next after he shall or should accomplish his full age of twentie one yeeres and by the heyre of such person of Non sane memoriae within fiue yeeres after the death of his said auncestour or by the said person or his heyres that shall so be out of the Realme within fiue yeeres after he shall returne or if hee shall not returne within fiue yeeres after his death 11 Item women are to haue no dowers of anie customarie Landes or Tenements within the Mannours aforesaid nor in anie of them nor menne to haue anie estate as Tenantes by the curtesie of Englande 12 Item if a man or woman shal be seazed of anie customarie Landes or Tenementes holden of the saide Mannours or of either of them of an estate of inheritaunce and shal haue issue two Sonnes or three Sonnes or more or hauing no Sonnes shall haue diuers Daughters or hauing neyther Sonnes nor Daughters shall haue diuers collaterall heires they shall be all coheyres to their sayde Father Mother or other Auncestour touching the saide customarie Landes and tenements according to the custome of Gauelkinde 13 Item if a man or woman die seazed as aforesaide of any customarie Lands or Tenementes of anie estate of inheritaunce holden of the saide Mannours or of anie of them and shall haue issue two or three sonnes or more whereof one or two or more of them shal be married and shall haue issue in the life of their father or mother and shall die before his or their saide Father or Mother or hauing no sonnes shall haue diuers daughters whereof one or more shal be married and haue issue and die in the life of the father or mother That then the saide issue shall inherite and bee coheire with the sayde sonne or sonnes or daughter that shall suruiue his or her saide father or mother that so shall die seazed as is aforesaide whether the saide issue be Male or Female according to the custome of Gauelkinde 14 Item if anie person or persons dye seazed as aforesaide and shall leaue behinde him neyther sonne nor daughter then the next of his or their kinne being of whole bloud shal be heyre or heyres to the saide person or persons so dying
such time that one be chosen that shal and wil serue the sayde office And euery copieholder that shal be chosen to the sayde office as his turne shall come about and refuse shall pay the fines aforesaid for his refusall And if any copieholder that shall execute the sayde office and doth refuse to satisfie and saye to the Lord such rentes fines and amerciaments wherewith he shal be lawfully charged or shall refuse to accompte with the Lord within two monethes next yeerely after Michaehnas hauing had the extracts for that yeere by the space of two monethes euery such Reeues Landes and Tenementes that shall refuse to accompt and to pay the said rents fines amercements and issues as aforesaid shal be seazed into the Lordes handes and the lord shall and may take to his owne vse the issues and profites of his saide landes and tenements vntill he shall paie vnto the Lord the saide rentes issues fines and profits and till he haue also satisfied and paide the Lord for his saide offence Viz. being Reeue of Hackney vi li. xiii s. iiii d and being Reeue of Stebbunhuth x. li. 40 Item That euerie customarie Tenaunt whose customarie landes or tenements holden of the saide Mannours or of either of them be worth to be sold so much money as one yeeres rent of assise with the profites and proquisits of the Courts of either of the said Mannours within the which he shal be chosen that yeere that he shal be chosen Reeue of the saide Mannours or of either of them shall amount vnto by the estimation of the homage shall beare the office of the Reeue for one whole yere when his time and course doth come 41 Item The Reeue of Stebbunhuth is bound by custome yeerely to finde and make to the Lordes Steward and his counseill three dinners that is to say one vpon the Leete daye and the other two vppon the sayde two generall Courte daies 42 Item Euerie of the saide Reeues is to be alowed of the saide Lord for the exercising of the saide office for one yeere as foloweth Viz. The Reeue of Stebbunhuth three pound sixe shillings eight pence and the Reeue of Hackney liii s. iiii d. and either of them a coate cloth and all other cōmodities due and incident to the saide office 43 Item By the custome of the saide Mannours and of either of thē Reeues of the saide Mannours and of either of them shall at the next generall court after his yeere of seruice expired deliuer the Rentall by which he made his accompt to the Reeue that shall next succeede him vpon paine to be amerced or fined by the homage if he shall not so doe 44 Item By the custome of the sayde Mannours and of either of them all the customary tenaunts of the saide Mannours and of euery of them may breake and digge their copiehold grounds holden of the saide Mannours and of euery of them at their pleasure and fell and cut downe their timber and wooddes growing or that shall grow vppon the same and conuert it to their best vse and profit and may also suffer their copie-hold tenements and howses to decaye without incurring anie seisure or forfaiture of their estates therefore and may take and pull downe their saide Tenements and erect or set them vp againe either where they stoode before or vppon anie other landes holden by coppie of court rowle of the saide Mannours or of either of them But they may not nor shall not take or pull them downe to sett them or anie parte of them vppon theyr owne free holdes or vppon the free holdes of aanie other or sell or conuert them or any parte of them to their owne vse otherwise then is before limitted 45 Item By the custome of the saide Mannours and of either of them euery of the Lords Tenaunts may lop and shred all such trees as grow before their howses or tenements vppon the wast ground and the same conuert to theyr owne vse without anie offence so the saide trees stand for the defence of theyr houses yards or gardens and also may digge grauell sand and lome vppon the saide wast ground to build or repaire anie of their copiehold tenements within the said Mannours or in either of them without any licence 46 Item if any person or persons being Tenaunt customarie shall without licence by Indenture or other writing or otherwise let his saide customarie lands or Tenementes for terme of aboue three yeeres from the making thereof it is a forfaiture of his estate by the custome of the said Mannours of either of them being found by the homage or else otherwise lawfully and sufficiently proued 47 Item For treason or felonie whatsoeuer that shal be committed by any copieholder of the said Mannours or of any of them for which he shal be lawfully attainted he shall forfaite his copieholde landes and tenements and for all other offence or offences acte or actes whatsoeuer for which a freeholder ought by law to forfaite his freeholde landes and tenements there a copieholder of the said Mannours or of either of them shall forfaite as a freeholder ought to forfaite in the like case his free hold And if a copieholder make a feoffament of his copie-hold guift in taile or lease for life or liues by deede or without deede and liuery and seisin therevpon or shall suffer a recouerie at the common lawe leuey a fine or wilfully refuse and deny to paie doe or perfourme his rentes fines sutes customes or seruices at any time hereafter due to the lord or lords of the said Mannours or of either of them for their sayd copieholds the same wilfull refusall being presēted to the homage by the othes of three customarie Tenaunts with the Reeue or his deputie the said tenaunts nor Reeue nor his deputie being none of the Lords seruants And being found by the homage the same to be a forfaiture of his estate whatsoeuer he shall haue at the time of any such acte committed or done insomuch of his or their copiehold lande and tenements as he shall haue made committed or done anie such acte and onelie for so much of his said Landes and Tenementes out of the which the saide quitrent and other dueties is demaunded and shal be due and wilfully denied by the sayde Tenaunt or Tenaunts as aforesaide Or if any copieholder shall in the Lords Court or else where in any court of Record disclaime to holde his said copieholde lands and tenements of the Lord or by pleading in the Lords court or other court of recorde claime their copieholdes to be free holdes or pleade in anie Reall Accion at the Common Law in chiefe as a free holde Tenaunt or shall doe anie other acte or thing which shal be a disseisin or disenheritance of the Lord or Lordes of the saide Mannours or of either of them their heires or assignes other then such acts as in these articles are especially dispensed withall That then hee shall forfayre the same
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
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