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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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of all and euery the persons named parties to the said Indenture holden by copie of Court Roll are and ought to be certaine and not arbitrarie or at the will of the Lord. And the Lord or Lords of the said Mannors or of either of them ought to haue and take Fines vpon admittances as hereafter What fines are due followeth and not other or greater That is to say vpon the admission of the heire or heires after a discent for euery acre of land of what nature or kinde so euer sixteene pence and so after that rate for greater or lesser quantities of Land And vpon admission of one person onely after any Surrender the like somme of sixteene pence for euery acre and so after that rate for euery greater or lesser quantitie of land But if more then one person be admitted after or vpon any Surrender Then If more then one Person be admitted then c. euery of the same persons are to pay halfe so much as one person ought to pay and not more Likewise vpon admission of the heire or heires after a discent for euery Messuage customarie with the Courts Yards Easements Orchards and Gardens therevnto belonging for a Fine the somme of thirteene shillings foure pence and not more And for a dwelling house called a Tenement with the Courts Yards Orchards Easements and Gardens therevnto belonging the somme of ten shillings and not more and for a cottage vsed for dwelling with easements and gardens therevnto belonging or without garden and not demised for more then three pounds by the yeere the somme of twenty pence But for a building not vsed for a dwelling house so much onely as according to the quantitie of the land after the rate of sixteene What fine for a building not vsed for a dwelling house pence the acre And for greater cottages vsed for dwelling and which shall be let for aboue three pounds by the yeere with the Courts Yards Orchards Gardens and Easements therevnto belonging the somme of ten shillings And the like is of Messuages Tenements and Cottages hereafter to be built And vpon or after any Surrender at the admission the like Fines are to be paide for one person But if any Surrender be made by Admission of man and wife a whole fine any person or persons to a man and his wife then a whole fine is to be paid for the husband and halfe a fine is to be paide for the wife And if more persons be admitted vpon one Surrender then euery of the same persons are to pay for Fine halfe so much as one person ought to pay and not more All acres are to bee acco●pted according to the statute or ordinance de terris mensurandis and orchards and gardens not belonging to such Messuages Tenements or Cottages are to pay as lands according to the quantitie thereof according to the rate aforesaid And parts of Messuages The fines must be entred in the margent of the coppies see article 19. parts of Tenements and parts of Cottages are to pay for Fines respectiuely in regard of the whole according to the rate of the whole And all fines paid are to be set downe and expressed in the copie of the Court Roll thereof or in the margent of the same copie And if any question or doubt shall hereafter arise about the discerning and true estimation what or which be or ought to bee accompted a Messuage and what or which a dwelling house called atenement and what or which a Cottage The same is to bee referred to the Homage of the Mannor at the next generall Court and by the same to be tryed ordered determined and presented according to such presentments fines are to be paid 27 The Lord is to allowe of all Surr made according to thes articles Item The Lord or Lords of the said Mannors or either of them and their and euery of their Stewards for the time being shall and ought to accept and allow of all and euery Surrender and Surrenders to be made of any the lands tenements or hereditaments whereof any of the persons named parties to the said Indenture are seised as copy holders according to the tenour intent and true meaning of these Schedules and the Articles therein contained So as the parties Surrendering be not before that time by the Homage of the same Mannor presented and found to haue made or committed some matter of forfeiture of those lands and tenements so Surrendred contrarie to the customes and articles in these Schedules expressed or some or one of them And the Lord of the same Mannor by his Steward for such fine as in or for such things is before expressed shal grant the same copyhold Lands Tenements and hereditaments so Surrendred according to the tenor vse and intent of the same Surrender And shall duely admit such person or persons to whom or to whose vse such Surrenders shal be made Item If the Lord or Lords of the said Mannors 28 If the Lord refuse to admi●● then c. or either of them or his or their Steward for the time being shall refuse to admit any person or persons to whom or to whose vse such Surrender as in the precedent Article is expressed shal be made or shall refuse to admit such person or persons to whom any of the said copyhold or customarie or reputed copyhold or customarie lands tenements or hereditaments shall discend according to the custome of the said Mannors and true meaning of these Schedules Then the person s● not admitted paying or tendering to the Lord or his Reeue fine or fines for the same according to the true meaning of these Schedules shall and may into such Lands Tenements or Hereditaments so surrendred or discended respectiuely enter and the same quietly haue hold and enioy as freely and in such sort as if he or they had beene therevnto lawfully admitted and not otherwise Item If any man make a Surrender onely to 29 Surren to make the wife a ioincture the intent to make his wife a ioynture or to assure it to his wife for terme of her life or during her widdowhood not altering the estate of the Inheritance then for the fine of the same or any admittance therevpon there shal be paid but halfe a fine for the same things so Surrendred That is to say halfe so much as one person should pay vpon admittance according to the true meaning of these Schedules And the like is to be vsed where the husband and wife make a Surrender of the lands of the wife to the end only to make an estate thereof to the husband ioyntly with his wife or to the husband for terme of his life in possession or Remainder And likewise by the said custome for euery Tenant that shal be admitted in Reuersion or Remainder expectant vpon the estate of any particuler Tenant for life in taile or for yeeres granted by copie the same is but halfe so much as it is
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
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