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A88608
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The custom of the mannor of Paynswicke taken out of the decree in Chancery, and carefully examined for the benfit of the tenants or others that may be concerned. By Thomas Loveday, in the year 1687.
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Loveday, Thomas.
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1688
(1688)
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Wing L3235A; ESTC R230715
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20,279
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70
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the said Tenants and their Heirs and Assigns willingly as to his late Father and Mother and others of his Ancestors hath been heretofore shewed done and accomplished at the humble Suit and Petition of all the said Tenants tendered and exhibited to the said Henry Jernegan the Twentieth day of March before the date of these presents by the mediation of John Dereham Gentleman Serveyor general to the said Henry Doth by these presents for him and his Heirs Ratifie Confirm and Establish these Articles as in this Indenture are expressed to stand be and remain as true and perpetual Articles of the Custom of the Mannor of Paynswick aforesaid I. Imprimis The Custom is and time out of mind hath been that the Tenants of the said Mannor do hold their Massuages Lands and Tenements by Copy of Court Roll Sibi suis whereby they have an Estate of Inheritance to them and their Heirs according to the Custom of the said Mannor there II. Item The Customary Tenants there from time out of mind have used and ought to pay their Rents yearly at four Terms in the year usual and accustomed viz. The Annutiation of our Lady the Nativity of Saint John Baptist Saint Michael the Arch-Angel and the Birth of our Lord and shall have a Reeve to gather the same after the Custom of the said Mannor and the same Rents shall pay to the Lord or his Officers accordingly within Eight and Twenty days next after every of the said Feasts III. Item That one of the Customary Tenants being an Homager ought to be Reeve and to collect and gather the Customary Rents Revenes and Profits of the said Mannor and shall pay the same to the Lord or his Officers within Eight and Twenty days next after every of the said Feasts of the Anuntiation of our Lady the Nativity of Saint John Baptist Saint Michael the Archangel and the Birth of our Lord where the Lord or his Officers shall appoint by his or their Precept and also against every audit of the Lord to be kept for the said Mannor shall gather and leavy the extract of the Court and make a true Account thereof and pay the same at the Lords Audit yearly which Reeve ought to be elected and chosen yearly by the Homage of the said Mannor for if such Reeve so elected shall happen to Imbessel or Waste the Lords Rent Revenues and Profits of the said Mannor that then the said Tenants are bound by their Custom to answer the Lord the same Rent Revenues and Profits at the days and times aforesald IV. Item The Reeve upon his Account ought to have allowance of Six and Twenty Shillings Eight Pence for his pains-taking in gathering of the said Rents which allowance hath been used time out of mind V. Item There are certain other Lands called the Thirteens the Tenants whereof by the Custom are bound to carry Venison for the Lord into such place or places as the Lord shall appoint them by the space of one day and a night a piece at their own charges or else to stand to a yearly Fine of eight Pence to the use of the Lord of the Mannor at the Election of the Lord. VI. Item The Tenants by their Custom time out of mind used may give and sell their Customary Lands at their will and pleasure making a surrender of the same either in open Court to the hands of the Steward for the time being or else out of the Court into the hands of the Reeve of that year or his Deputy in the presence of two Customary Tenants of the same Mannor and the same surrender must be presented at the next Court or else the Surrender to be void and upon every Surrender so made and presented in Court the Lord is to have an Heriot if the Land be Heriotable that is to say for every yard and half yard of Land which the Tenants hold to give or pay the best quick Cattle and in default of such Cattle the best Household stuff or Goods of what kind soever VII Item That upon every decent of any Customary Lands of Inheritance the Lord is to have one years Rent for his Fine and a Heriot in mannor aforesaid if the Land be heriotable VIII Item That upon every Surrender either in Possession or Reversion the Lord is to have seven years Rent of the thing so surrendered for his Fine but if any Tenant having first surrendred the Reversion of any customary Lands and will afterwards Surrender his Estate in possession or if any Woman that holdeth Lands and Tenements by her free Bench according to the custom shall surrender her Estate which she hath for term of her or his Life in these two kinds of Surrenders the Lord is to have but one years Rent and a Heriot if the Land be Heriotable upon the surrender IX Item At every Surrender made in Reversion no Heriot is due until the Death of him or her which made surrender nor none other advantages due to the Lord but the Fine only X. Item After the death of any Tenant the Wife of the same Tenant if any such be shall be admitted to her free Bench in the Lords Court by the payment of one Penny to have to her during her Life paying such Rents Customs and services thereof due and accustomed XI Item After the death of any such Woman the same Tenement or Tenements which were in her tenure shall come and descend to the next Heir on the part of the Husband of the same Woman and for lack of an Heir to the next Kinsman of the same Husband if no Surrender be thereof made before after the said Custom without payment of any Heriot for the Woman which held by her free Bench as afore is said XII Item If any Woman Inheritrix die seized of any Tenement or Tenements and no surrender by her in her Life time made that then all such Lands or Tenements whereof she died seized shall come and descend to the next Heir after the custom and mannor Paying an Heriot for the same Woman if it be heriotable XIII Item That all Tenants by their Custom time out of mind used may sell their Woods Timber Trees and other Fuel and Brush growing in and upon their Tenements without license of the Lord or his Officers and that every Tenant may Let and Set his Customary Lands or any part thereof without license of the Lord or of his Officers and also to make any Quarrey to Build or repair upon the same and not otherwise upon any part of his Customary Lands XIV Item The Tenants time out of mind have used at their will and pleasure to Build Cottages upon their Copy-hold Tenaments and to Let and Set the same without any license asking or paying any Fine to the Lord for the same saving that the head Tenant is to answer and pay the Amercements and Pains for all Trespasses as shall be committed by any under Tenant in the Lords Wood and Park Demesnes or in
any Woods or Grounds of any of the Customary Tenants presented and offered by the Lords Tenants in the Court if any of the said under Tenants Estreted be not able to satisfie and pay the same XV. Item If a Woman holding by her free Bench do Marry sundry Husbands at sundry times yet shall she injoy the same during her Life without forfeiture thereof XVI Item By the Custom every yard or half-yard of Land holden by Copy after the custom and manner is heriotable and the Heriot to be payed aâ— the death of the Tenant that dieth seized thereof or upon the surrender of hiâ— Possession when the Reversion was surrendred before XVII Item If any Customary Tenants shall Let or Set his yard or halâ— yard of Land which is heriotable and aâ— his Decease the Lord not answered thâ— best Beast for his Heriot which did commonly manure the said Premises by thâ— space of one year next before his decease or the full value thereof that then such Persons to whom the same yard or halâ— yard by the Custom ought to come 〈◊〉 shall pay to the Lord or his Officers within six Weeks next after the death of such Tenants three Pounds for every yard Land and forty Shillings for every halâ— yard instead of an Heriot and in case default be made thereof then it shall be lawful for the Lord by his Officers toâ— take one Whole years profit of such yard or half yard to his own use and behoof instead of the said Heriot XVIII Item That all Land called Mondays Thirteens Farrendels Burgageâ— and Curtelages are not heriotable XIX Item If a Man have divers Sons and the eldest dyeth having Issue of his Body lawfully begotten whether it be Male or Female and after their Grandfather dyeth the Issue of the eldest Brother shall Inherit as next Heir to the Grandfather XX. Item If a Man dyeth having divers Daughters and no Sons and hath so many yards or half yards of Lands as Daughters then shall every Daughters by the Custom have a yard or half yard Land and the like order is with Tenements but if the Tenant so dying have but one yard half yard or one Tenament having divers Daughters as before is said that then the same yard half yard or Tenement by the Homage and Steward there shall be prised to the best value and the price thereof to be devided equally amongst the said Daughters saving that the eldest Daughter shall have her choice whether she will have the yard half yard or Tenement or the Portion of Money to her allotted by the Homage and Steward and if she take the said yard half yard or Tenement then she to pay the Money to her other Sisters after the prized price XXI Item That after the death of every Tenant that dyeth seized of any Lands or Tenements within the said Lordship at the next Court there holden Proclamation shall be made openly to enquire who is the right Heir of the Tenant so deceased or who can make any claim or title to the same Tenure or Tenures and if at the first Court there come none to Challenge the said Tenure or Tenures then there shall be Proclamation made openly at to other the next Court there holden in like manner as is aforesaid and then if none having Right come to challenge the same from thence forth the Lands shall be Echeated to the Lord to dispose of the same at his Will and Pleasure except the next Heir that hath Right to the same be beyond the Seas or in the Kings Wars XXII Item That whosoever is to be admitted Tenant to any Tenure within the said Lordship ought openly to be admitted in the Court before the Homage and to have his Copy read openly in the Court that all Men there may hear and know that he is admitted Tenant accordingly and if any Person having Right to any Tenure by Inheritance is to be admitted Tenant then he ought to be taken and presented by the Homage and if any challenge any Tenure by Surrender that then the Surrender must be made either in the Court openly or else to be brought into the Court by credible and sufficient witnesses that it may be known to the Homage and so be admitted Tenant as it is aforesaid according to the Custom there used time out of mind XXIII Item Whosoever taketh any Tenure there of the Lord he must take it either by means of Inheritance of himself or his Wife or by surrender of some other that is an Heir or else by means of some Forfeiture or Escheat into the Lords Hands and it must be expressed in the Copy of the Taker whether he takes his Tenure by right of Inheritance of himself or his Wife or by surrender of any Person or by Forfeiture or Escheat into the Lords Hands â—or by the Default of an Heir to challenge it otherwise no Man can take any Tenure there nor the Lord can let it otherwise by the Custom there used time out of minde XXIV Item That the Tenants by their Custom ought to have the Herbage and Paunage of the common Woods and Hils and the Lords Waste as time out of mind they have used XXV Item That the Tenants there at such time as the Lord of the Mannor of Paynswicke shall not be Comorant or Dwelling within the said Lordship shall have such Strays as shall happen into their Custody from time to time paying such price as they shall be indifferently prized by the Reeve of the Mannor and four of the Homagers to be chosen by the said Reeve the said price being presented and allowed by the Lords chief Officers at the next Court to be holden within the said Mannor XXVI Item The Custom is and time out of mind used hath been that the Sheriff or any his Bayliffs and Ministers cannot enter within this Liberty to serve any Process upon any Person within the same unless it be with a Commandment or Subpena XXVII Item If any Tenant doth give or sell any part or parcel of his Tenements or the whole without Surrender it is a Forfeiture XXVIII Item If any Tenant do let down his Tenement or any part thereof being payned at two Courts to Build the same by a certain pain and the third Court on pain of Forfeiture and doth not Build the same according to the order in the Court taken by the Homage and the Steward it is a Forfeit XXIX Item If any be an Inheritor to any Lands or Tenements doth sell the same to any Person or Persons before he or she shall become Tenant to the Lord in his Court and do other Suits and Services according to the custom there it is a Forfeiture XXX Item If any Tenant do detain or with-hold any Rents willingly which are due to the Lord or doth withdraw his Suit and Service from the Lords Court being not essoyned four general Courts together one after another is cause of Forfeiture XXXI Item If any Tenant do convey any