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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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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
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