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 accoâ—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 admiâ—â— 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 sâ— 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
Stepney Hugh Dauis White Chappell Alexander Dauison Popler Iames Dauies George Dethicke Gilbert Dethick Henry Dethicke Iohn Day Bowe Rachel Dauison Robert Dixon White Chappell E Iohn Eaglefield and Iane his wife Bow Richard Edwards Alexander Elcock Richard Elcock George Edwards Shorditch William Ewens Limehouse Iohn Euans Iohn English F Raph Flauell Ratcliffe Iohn Flint Limehouse Iohn Forster Bow Iohn Fell Hackney Fuller widdow Ratcliffe G William Gough Bow William Goddard Vincent Goddard Iohn Garland Bow Richard Gouge Iohn Graues Limehouse Michael Geere Iohn George Roger Gunston Ratcliffe Roger Glouer Iohn Gunston Thomas Goddard Iohn Gruit vxor Richard Glouer Iohn Francis Robert Thomas H Sir Ferdinando Heyborne Hackney Gresham Hogan Henry Haynes Thomas Hawkes Richard Harrison Sr Tho Hardresse Mileend Mileend Robert Hart Thomas Hogge Will Herendin Robert Hunt Richard Hoskins Limehouse Walter Hendley Richard Hale Ratcliffe Robert Henricke Iohn Howland White Chappel Cord well Hamond Geor. HoughtoÌ„ vx Thomas Halbrooke Nicholas Hallam Thomas Hartis Waiter Hallyley Elizabeth Hide Dorothy Iohn Hils Popler Iohn Harbert Rob. Hickes Will Hanford Robert Hudson Iohn Hether Bowe Francis Hollyday The heyres of Haggis The heires of Tho Hardcastle I Sir Iohn Iowles Knight Bowe William Iuie Limehouse Roger Iones Margaret Iorden Michael Iones et vxor Bowe Thomas Iones Ratliffe Iohn Ienks Ionas Iames. Nicholas Isack Adam Iohnson Shoraitch Iones widdow Limehouse K Iohn Key Miles Hackney Iohn Killingworth Shorditch Iohn Knowles Popler William Kattle Iohn King Limehouse L Robert Linage Robert Lambard Bowe Iohn Lowden Thomas Lawrence Ratliffe George Linum Richard Leigh et vxor Dame Margaret Lake Richard Lowfield Iohn Lowfield William Lowfield Humfry Lowfield Iohn Linkes William Lyones Milâ—nd Iohn Lyones M Sir Wil Martin Knight Hack Elizabeth Mackeris William Mansbridge Richard Mills Iohn Maynard Limehouse Iohn Mynshawe Isabell Moore Iohn Moore Michaell Merrial William Millar Shorditch George Michell Thomas Mould Stepney Edward Mathewes Thomas Maning Ratliffe Henry maybancke whitechap Samuell Marsh Thomas Marsh Eme Melsham vid. Thomas Michell Anne Michell Popler Iohn Manshippe Francis Moore Bowe Richard Merrit Tho Marsh Esquire Milend Thomas Milton Ioane Manly N Iohn Newet Hackney William Newman Iohn Nichols Barbara Nichols Edward Nichols Ratliffe Laurence Netmaker Shorditch Thomas newport Limehouse Thomas Nichols Shipwrite P William Phillips sen Bowe William Philips iun. Lime Richard Parkes William Pond William Peacocke William Pointell Giles Patricke et vx William Palmer Bed Greene. Thomas Peirepoint Whitechap Thomas Peirciuall Bowe Henry Parsons et vx Shorditch Henry Parsons Hackney Miles Pressick Vincent Parrit Popler Iohn Pettit Thomas pinnock Richard Pointell Thomas Pye Christopher Potkin Hackney Q Mathew de Quester R Samuell Rowley Whitechap Roger Robinson Anne Riland late wife of Wil Haggis Richard Rooding Bowe William Roberts Henry Reynolds Popley Edward Russell Ratliffe Robert Rickman Edmund Rolfe Iohn Rolfe Thomas Railton Popley Catherin Rushbrooke Henry Riuers Richard Rowe Hackney Iohn Rowe Iohn Rich Limehouse Edith Read William Reeue Elizabeth Rider Bridget Rider Katherin Rider Grissingon Rider Roger Rose White Chapple Roger Rose and Hackney Iohn Rose William Swaine Hackney Iohn Steward Iohn Shelley Iohn Snape Barthol Smith George Saris of London Limehouse and Ratliffe William Simons Limehouse Peter Sumner Bowe Thomas Salter et vx Thomas Scorier Edward Smith Iames Short Shorditch Thomas Saunderson Ratliffe Iohn Sadler senior Iohn Stokes Richard Simmes milend Iohn Smith Popley Samuel Soame Iohn Swaine Robert Sheffield Ieremy Swanley I Iohn sweete Bednall greene George Smith White Iohn Smith his sonn Anthony Skinner Paul Smith White Chap Iohn Sadler iunor Nicholas Simondson Rat Samuel Sayers Hackney T William Thorne Popley Iohn Thorne Robert Thorne Edward Thickins White Henry Tyler Morgan Thomas Shorditch Henry Troutbeck Bow Iohn Thorowgood Stephen Trafford Richard Tiler Limehouse Peter Tailor V Thomas Vsher Hackney Thomas Valentine W Iohn West Popley Thomas Wats Iohn Walden Thomas West Edmond White Hackny Tho Walker Barthol Walker Eliz Walker Margaret Walker Milend Emery Wilson Eliz Wilding wid Iane Wilding Iane Willson Iohn Watts Ratliffe Wattkyns Wid. Abraham Wakefield White Chappell Thom. Wilson et vx Laurence Wyneall Alice Williams Iohn Wilde Shorditch Elizabeth walker Lime Henry Walker Iohn Walker Mathew Woodcott Anne Woodcott vid. Walter Whiting Thomas Whitebread Bow Andrew Wilmer Iohn Wilkinson Smith Wilkinson Henry Watley Iohn Watley Iohn Wright Edward Wyborne Iohn Wyborne Y Thomas Yardley White Chap ANOTHER TABLE ALPHABETIcall for the ready finding of the seuerall customes priuiledges and note-worthy matters contained in this Booke ACte or neglect of tennant for life or yeeres shall not preiudice those in remainder article 50. Acte priuate of any tennants contrary to these articles shall not extend to be abreach of customes to the hurt of the rest article 51. Admission denied by the Lord see article 28. How lands discended are to be taken vp article 33. 34 See Dissents and Surrenders  Amerciaments the Lord may distreyne for but not seise articles 53. Annoyances how to redresse see article 7. Appearance at two generall Courts yeerely article 3. Fayling to appeare shall be amerced article 4. Fayling at any Court other then the two generall Courts shall not bee amerced aboue foure pence article 65. Buildings hereafter to bee erected shall pay no other fines then in these articles art 67. Bylawes may bee made by the Homage which shall binde the Tennants art 63. Courts see Appearance  Commons surcharged how to remedy art 61. see Driuers Courtesie of England none for men heere art 11. Clayme by diuers and suite for Copyhold art 31. 32. 57. Chaunge of Lord see Recognition  Coheyres see Discents and Partition  Copyholders may not pull downe housen to set them vpon Freehold land art 46. See Forfeitures Copyholders May breake and digge their grounds  May fell downe timber and woods  May suffer housen to decay without forfeiture  May loppe trees vpon the wast before their housen  May digge grauell sand clay and loame vpon the wast to build or repaire art 46. 47. See Leases Discents art â—0 12. 13. 14. 15. 16. 17. 18. 33. Dower nâ—ne art 11. Dryuers of the Common art 60. 61. 62. Enchroachments and annoyances how to redresse art 7. Escheate to the Lord for want of Heyre art 10. Estates of Inhâ—ritance art 1. Fines due to the Lord vpon admissions art 19. 26. 35. 67. Forfeitures of Estate art 48. 49. Fees to the Homage art 56. 30. Fees to the Steward art 66. Gardian of the Heyre vnder age art 33. 37. Gauelkinde art 12. Homage their charge and dutie c. art 8. 9. 23. 31. 62. 63. What fees are due to the land art 5. 6. 30. Heyre not knowing what shall be done art 10. Headborough may take Surrenders art 20. 22. Last will and Testament See Surrenders  Leases Tennants may let for thirty one yeeres and foure moneths in possession from the making without Lysence art 38. but may not let for longer time vpon paine of forfeiture
THE FREE CVSTOMES 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 ASSVRANCE 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 contamed At London printed by William Iones 1617. TO THE RIGHT HONORABLE THOMAS LORD WENTWORTH Lord of the Mannors of STEPNY and HACKNY in the County of MIDDLESEX TO whom Right Honorable ought we more iustly to dedicate this Collection of our Customes and Priuiledges then vnto your good Lordship the noble Patron thereof The Clouds of Differences are now ouerblowne euerlastingly may the bright Sun-shine of Peace beevpon these Mannors That their Customes may be as famous to the Right Honourable Family of the Wentworths and sought for to be Presidents to others as were Solons lawes which the Senate of Rome sent Deputies to fetch very neere foure hundred yeeres after the same had beene established at Athens thereby to frame their twelue Tables Many happy yeeres Right Honorable accompany your Lordships life vntill eternall Glory shall make it perpetually blessed Your Honors most deuoted Tenants AN ABSTRACT OF THE INDENTVRE OF COVENANTS WHEREAS of late Differences The cause of the now compounding haue arisen betweene the Right Honorable Thomas Lord Wentworth Lord of the Mannors of Stepny and Hackny and his Lordships Copy-hold Tennants of the said Mannors for and concerning some of the customes benefits and priuiledges of the said Tennants It hath now pleased the said Tho Lo Wentworth in consideration of three thousand pounds of lawfull money of England in the thirtieth yeere of the The consideration giuen for it raigne of our late soueraigne Lady Q. Elizabeth by the Copyholders of the said Mannors Vnto the Right Honorable Henry Lord Wentworth his Lordships Father satisfied and paid As also of three thousand and fiue hundred pounds more to him the said Tho Lo Wentworth The Deede of Couenants now paid by indenture bearing date the 20. day of Iune in the fifteenth yeere of the raigne of our soueraigne Lord King Iames of England France Ireland of Scotland the fiftieth made betweene him the said Tho Lo Wentworth Lord of the said Mannors of the one part And Sr Iohn Iolls Knight diuers others of the Copyhold tenants of the said Mannors whose names are particularly in the said Indenture recited of the other part For the appeasing and finall end of the said differences and for preuention of the like and all other which in time to come might happen arise or grow betwixt the said Lord his heyres or assignes Lords of the said Mannors and the said Copyhold tennants their heires or assignes to couenant grant conclude and fully agree to the effect following that is to say Imprimis That the said Tho Lo Wentworth That the Lord Thomas is seized in Fee is vntill a perfect act of Parliament shal be had and made wherby all the liberties priuiledges benefits customes immunities discharges additions alterations enlargements matters things in the Schedules to the said Indenture annexed mentioned shall be for euer confirmed shall bee and continue seised of a good absolute and indefeazable estate of Inheritance in Fee-simple to him and his heires for euer in possession of and in the said Mannors and either of them and of the Copyhold lands tenements and hereditaments of the said Copyhold tenants before mentioned parties to the said Indenture And that he now hath and then shall And hath power to confirme the following Articles haue full power and lawfull authoritie to ratitifie confirme establish and make good All and singular the couenants articles alterations enlargements free customes immunities discharges and agreements contained in the said Indenture and Schedules or either of them to the said Copyhold tenants respectiuely and to their seuerall and respectiue heires assignes of and in the seuerall and respectiue messuages lands tenements and hereditaments whereof they are seized of any estate by copie of Court Roll. And that the said Tho Lo Wentworth his That these Articles shall for euer be obserued heyres and assignes and all other Lords of the said Mannors shall for euer hereafter obserue performe fulfill allow ratefie make good and keepe all the said Articles certaintie of Fines vsages customes priuiledges benefits immunities discharges compositions and agreements in the said Indenture and Schedules contained And shall not at any time hereafter leauy take require or demand any other fines suites customes workes or seruices or in any other manner then in the said Schedules are specified And the Rents which for the said Copyhold tenements by the space of two yeeres now last past haue beene yeelded and paid by the Copyhold tenants thereof And also that the said tenants their heyres and assignes shall for euer hereafter peaceably and quietly haue hold maintaine and enioy their seuerall and respectiue Copyholds with their appurtenances according to the seueral grants thereof to them made and vnder the seuerall rents for the same respectiuely now due and payable according to the true meaning of the said Indenture and Schedules without any let suit or hinderance interruption alteration question or contradiction whatsoeuer of him the said Lo Wentworth his heyres or assignes or any other claiming any estate right title vse interest office profit charge or demaund vnder his Lordship his heyres or assignes or vnder the said Henry Lo Wentworth deceased And that the said Tho Lo Wentworth his heyres or That hereafter none of these lands shall be seuered from the Mannor See Aâ—ricle 68. assignes hath not nor hereafter shall grant or conuey seuered from the Mannor whereof the same is now holden any of the messuages cottages lands tenements or hereditaments of the said Copyholders for any other estate or terme other then by copie of Court Roll according to the custome of the said Mannors except the free-hold to be seuered at the desire of such person as then shall be Copyholder thereof respectiuely And that the certainty of Fines free customes immunities liberties priuiledges articles discharges and agreements in the said Schedules contained for and concerning the seuerall messuages cottages lands tenements and hereditaments whereof the said parties to the said Indenture are Copyholders or reputed Copyholders shall for euer be and be had vsed accompted adiudged taken and enioyed as the true customes vsuages priuiledges immunities discharges and liberties of and within the said Mannors and either of them not to be violated altered changed or denied by the Lord or Lords of the said Mannors or either of them now or
vpon other admittances vpon alienations Surrenders or dying seized as aforesaid Item Euery person that exhibiteth or deliuereth 30 Duties to the homage and tennants for billes and Suâ— any Surrender or Bill to the Homage ought to giue and pay to the same Homage for euery such Surrender or Bill foure pence and euery of the said sixe Tenants and also the Hradborough or Reeue which shal be at the taking of any Surrenders as aforesaid ought to haue foure pence a peece of the parties that make the Surrender if the same Surrender bee taken within the said Mannors or in either of them But if they goe out of the said Mannors or either of them for the taking of the same then to haue eight pence a peece and their charges if they shall goe further off And the partie that procureth the said Surrender ought to giue to the said Tennants foure pence besides the said fees which foure pence is to be deliuered with the said Surrender or else he that bringeth in the said Surrender without the said foure pence shall pay it of his owne purse to the Homage Item If it chance at any time vpon the death of 31 Though an heire be admitted yet vppon a new claime the homage shall enquire c. for a coheire any Copyholder or customarie Tenant that there is an heire or heires found and presented by the Homage and after is or are admitted to the lands or tenements of the said Copyholder and at that time no other heires shal be knowne and after it shall chance that one or other commeth and claimeth to be co-heire with the said heire that is admitted then the homage ought thereof to enquire and if they finde his claime true they ought to present the same and then hee or they so claiming shall be likewise admitted and pay his Fine and haue his part of the premisses notwithstanding the former admission Item If any man be admitted to any possession 32 Wher tennanâ—s is admitted and after that an other claimeth the whole the Homage is not bound to enquire but he is driven to his fuite or to any Reuersion or Remainder of any Lands or Tenements whether they be to him discended as shal be supposed or to him Surrendred by any other person and after that commeth another person or persons who pretendeth a title to the whole premisses or to any part thereof and desireth that the Homage may enquire thereof In this case the said Homage is not bound thereof to enquire but he or they are driuen to his or their suite or plaint whether his or their title be right or wrong Exceptin such case where any person or persons shall claime as in the next precedent Article And yet if any shall require the Homage to finde whether he or they were the sonne or sonnes or daughter or daughters of such a one or no the homage knowing or well informed of the truth that he or they shal be the sonne or sons or daughter or daughters of him or her that dyed seized of the lands then in question The Homage ought therein to present the truth But not to present whether he or they ought to haue the premisses or any part thereof to the which another person is already admitted But in such case he or they shal be driuen to his or their suite or plaint as aforesaid for the recouery of their said right if any right they haue Except in such case where any person or persons shall claime as in the next precedent Article Item After the death of euery person being a 33 How lands discended are to be taken vp customarie Tennant of the said Mannors or of either of them the next heire or heires ought to come and take vp the Lands and Tenements whereof his or their auncestors so shall die seised At foureteene â—eeâ—es he is to be admitted in his owne person of what age soeuer he be of And if he or they be of the age of foureteene yeeres or vpwards hee is to be admitted in his owne person within a conuenient At foureteene yeeres is to be admitted in his owne person time after hee or they shal be presented Or else if hee or they bee vnder the age of fourteene yeeres then to come and take it vp by his Gardian Vnder 14. yeres by Gardian vntill he be of the age of fourteene yeeres as aforesaid and to pay for his fine according to the rates expressed in these Schedules and the Gardean to Gardian 3 shillâ—ngs 4 pence pay but three shillings and foure pence at the most for his fine for the Gardeanship or lesse as the Steward or his Deputy shall thinke fit And for Lands discended from the part of the Father the Who shal be Gardian next Cozen of the part on the Mother not able to inherite those lands ought to be Gardean And if See ariicle 37. the lands came from the part of the mother then the like cosen of the part of the Father ought to bee Gardean if that person will accept thereof and vpon their refusall or not praying to bee admitted Gardean at the first or second Court after that infant ought to be admitted then may the Steward admit any other of the kindred of the Infant to whom his Lands cannot discend to bee Gardian And if none of the kindred will accept of the Gardianship then may another be admitted And euery The Gardian shall accompt Gardian shall accompt to the heire of the profits and repaire the Copyhold Tenements of him whose Gardian hee is And vpon admittance shall be bound to the Lord for the time being with And shal be bound to the Lord to performe the same condition for performance thereof in such summe as the Homage of the said Court or the greater part therof shal like off And of the lands of euery Infant vnder fourteene yeeres of age that shal be a purchasor a gardian shal be admitted and shall so demeane himselfe in such manner as for the Gardian of an Infant hauing Lands by discent is limitted and appointed Item Euery person to whose vse any of the said 34 They to whose vse Lands are surrendred ought within 3. yeares after the presentment to take them vp Lands or Tenements shal be Surrendred ought to come within three yeeres after the same bee presented and take vp the same by himselfe if he be of age and to be admitted as aforesaid and to pay his fine or else by his Gardian as aforesaid Item If any of the said heires Alienees or Gardians 35 The Lord may distraine for the Fines Or by de fault of distrese selfe the lands doe not pay their Fines within one moneth after the same fines be extracted and the extracts deliuered to the Reeue or his Deputie for the gathering thereof and by them or either of them demanded then it shall bee lawfull for the Lord or Lords of the said Mannor
doe fill vp so much as shal be digged by him or them Item If any person or persons being Tenant Letting of lands for more then 31 yeeres 4 months is a forfeicture customarie shall without licence by Indenture or other writing or otherwise let his said customarie Lands or Tenements for more yeeres then one and thirtie yeeres and foure moneths it shal be a forfeiture of his estate by the custome of the said Mannors and of either of them being found and presented by the Homage or else otherwise lawfully and sufficiently proued Item For Treason or Felony whatsoeuer that shal be committed by any Copy-holder of the said 49 For what offences these copy-holders shall forfeit their estates Mannors or of any of them for which hee shal be lawfully attainted hee shall forfeit his Copyhold Lands and Tenements to the Lord of the said Mannor And for all other offence or offences act or acts whatsoeuer for which a Free-holder ought by the common lawes of the land to forfeit his free-hold lands and tenements there a Copy-holder of the said Mannors or of either of them shall forfeit as a Free-holder ought to forfeit in like case his Free hold But if a copyholder be out-lawed for any cause sauing Treason or Felony the Lord Outlawâ—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 shaâ—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 coÌ„strued 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
That if any Tennant for terme of life or liues onely or for terme of yeeres of customarie Lands shall make any waste Then hee shal be fined by the Homage the third part of which fine shal be to the Lord and the other two parts shall come to him in the Reuertion or Remainder of the said copyhold Item The Lord for none payment of amerciaments 53 For non payment of amerciameâ—ts the Lord may distraine but not seise may distraine his said Tennants parties to these presents and auow for the same as for Rents But hee cannot seize any of his or their Lands or Tenements parties to these presents for non payment thereof vntill he be paid Item Vpon the admission of any co-heires ioint Tennants or Tennants in common if they cannot 54 How partition is to be made betweene co-heires ioynt tennants or tennants in common agree to occupie their Lands and Tenements together or to make partition among themselues then hee or they that bee grieued may by the custome of either of the said Mannors haue a precept from the Steward directed to seuen customarie Tennants or more of the said Mannors within which the said Lands and tenements doe lye and they shall make partition thereof and the same returne to the Steward of the said Mannors againe to be inrolled in the Court Rolls of the said Mannors whereof the said Lands or Tenements beholden Whervpon the said heires shal go to the Steward of the said Mannor within which the said lands or tenements shall lye And then elect choose their parts in forme following That is to say the yongest sonne to choose first then he that is next to the yongest to chuse next and so after that rate vnto the eldest how many soeuer which eldest shal chuse last And likewise the same order is to be obserued amongst daughters if there be no sonnes and amongst all other degrees of heires touching the customarie Lands and Tenements holden of the said Mannors or either of them And vpon euery such partition they shall pay for a fine to the Lord two shillings and sixe pence or lesse at the discretion of the Steward according to the quantitie of the Lands or Tenements so parted betweene tennants in common and ioynt tenants for the like fine the said deuision to bee by the said Tenants without election of the parties themselues but by casting of lots if they cannot otherwise agree Item If any customarie or free Tenants cattell 55 These copyholders shall pay but one penny for poundage or the cattell of their Farmers bee brought to the Lords pound The said Tenant or his Farmer shall pay for all his cattell if they bee a hundred heads or vpwards or vnder for the poundage thereof but one penny and he that is no Tenant shall pay for euery distresse of cattell so pounded foure pence 56 Cattell impounded to be deliuered by two copyholders Item If any cattell bee impounded within the Lords pound by any person or persons being a customarie Tenant or Tennants of the said Mannors or of either of them for any trespasse committed or done within the said Mannors or in either of them vpon their Copyholds that all such Cattell being so impounded may by two of the said customarie Tenants of such of the said Mannors or of either of them wherein the said trespasse shall bee committed which will answere for such Damages and costs as shal be recouered in the said Court against the owners of the same Cattell for the said trespasse be deliuered out of the said pound vnto the owner of the said Cattell by the custome of the same Mannors and of either of them Item No customarie Tenant shall sue vexe or 57 No suâ—tes for title of copy-holds out of the Lords court withouâ— licence trouble any other customary Tenant for any Title of lands or tenements lying and being within the said Mannors or in either of them being copy-hold lands or tenements of the said Mannors or of either of them out of the Lords Court without the speciall licence first had and obtained of the Lord of the said Mannors or of either of them or of his Steward for the time being If any person doe the contrarie hee shall haue his Lands or Tenements seized into the Lords hands vntill hee pay a fine to the Lord for the same offence viz. such fine as shal be ceassed by the Homage at the next generall Court of the said Mannor or Mannors Item That no customarie Tenants of the said 58 Cattell offending shal be driueÌ„ to the Lords pound Mannors or of either of them for any offence to be done by any mans cattel within the said Mannors or in either of them shall driue the same cattell to any forraine pounds but to the Lords pound being within the said Mannors or in either of them if any man doe the contrarie to bee amerced at the next generall Court by the Homage So alwayes as there be asufficient pound of the Lords there Item That no tenant or any other person shall 59 How stakes markes and mears between tennant tennant ought to be set set any stake marke or meare betweene tennant and tennant or betweene tenant and any other person that lyeth next vnto him without the parties doe therevnto agree vnlesse an order bee appointed by the Homage or the greatest part of them that it may be first viewed by twelue Tennants of the said Mannors or of either of them where the stake or meare is to be set and there to set the stake or marke indifferently betweene both the said parties and so to continue it vpon paine of amerciament by the Homage 60 Driuers of commons when to be chosen Item The Homage doe and shall yeerely vse at the next generall Court holden the Tuesday the ninth day next after Easter day to Elect and chuse out of the Hamblets within euery of the said Mannors certaine customary tennants to bee driuers and viewers of the wasts and commons of the said Mannors and of either of them for one whole yeere which tenants so elected haue authoritie by the said custome to driue the commons at any time when they finde it surcharged and to impound the cattell by them so taken no other to driue the said common then the persons so chosen as aforesaid Item If by their driuing the surcharging cannot be remedied then they ought to inform the homage 61 How surcharging the common is to be remedied thereof at the next Court that they may amerce the offenders whether the offenders be tenants or no tenants And also to put a paine or an a merciament vpon their heads that they shall not likewise offend Item If the said driuers receiue by the said poundages 62 The driuers shall accompt to the homage and more money then they spend in their trauell the rest shal be imployed to the scowring of the common Sewers which be vpon the said wast