The survey of London containing the original, increase, modern estate and government of that city, methodically set down : with a memorial of those famouser acts of charity, which for publick and pious vses have been bestowed by many worshipfull citizens and benefactors : as also all the ancient and modern monuments erected in the churches, not only of those two famous cities, London and Westminster, but (now newly added) four miles compass / begun first by the pains and industry of John Stow, in the year 1598 ; afterwards inlarged by the care and diligence of A.M. in the year 1618 ; and now compleatly finished by the study & labour of A.M., H.D. and others, this present year 1633 ; whereunto, besides many additions (as appears by the contents) are annexed divers alphabetical tables, especially two, the first, an index of things, the second, a concordance of names.

The Scedules, containing the free Customes, Orders, Immunities, Discharges, Benefits, and Priviledges of the Mannors of Stepney, alias, Stebunheath and Hackney, in the County of Middlesex: Agreed vnto, approved, allowed, and ratified, as well by the Right Honourable, Thomas, Lord Wentworth, Lord of the said Mannors; as also by his Lordships Copy-hold, or Custo∣mary Tenants, or reputed Copy-hold, or Customary Tenants of the said Mannors, or of either of them, named parties to the said Indenture, where vnto those Scedules are annexed. By which, all and every the same Copy-holders or Customary Tenants, their, and every of their Heires and Assignes, are to hold, vse, and enjoy, inherit, alien, de∣mise, or dispose all and every, or any the said Lands, Messuages, Te∣nements, Cottages, and Hereditaments, which they, every, or any of them respectively doe hold, claime, or enjoy, byforce, or pretext of any grant heretofore made by the Copy of Court Roll of the said Mannors, or ei∣ther of them, the day of the date of the said Indentures: That is to say, the twentieth day of Iune, in the yeeres of the Raigne of our Soveraigne Lord IAMES, by the grace of God of England, France, and Ire∣land King, Defender of the Faith, &c. the fifteenth, and of Scotland the fiftieth.

These Copy-holds are of inhe∣ritance, held of the Lord by the Rod, according to the custome.

IMprimis, by the Customs of the said Mannors, and either of them, all the Copy-hold Lands, Tenements, & Heredi∣taments, which the par∣ticular persons (named parties to the Indentures, whereunto these Scedules are annexed) doe hold or enjoy, and (time whereof the contrary hath not beene within the memory of man) have been Copy-hold and customary Lands, Tenements, and Hereditaments of in∣heritance, demised and demiseable by Copy of Court Roll of the Mannors aforesaid, or one of them respectively, according to the Customes of the Man∣nor whereof the same are holden. And all Copies of Court Rolls of the same Mannors, and either of them, by all the time aforesaid, for the same Lands, Tenements, and Hereditaments, have beene made, and ought to be made, to hold of the Lord by the Rod, accor∣ding to the Custome of the Mannor whereof the same is holden, by the

Rents and services therefore due and accustomed. And all the said Lands, Tenements, and Hereditaments have beene passed, and are to passe and goe from such persons, as (according to the contents of these Scedules) have pow∣er, * 1.1 and are enabled to make Surren∣ders to any other person or persons by way of Surrender, to bee made to the hands of the Lord,* 1.2 by the acceptance of the Steward of the Mannor, or his Deputy for the time being, in Court or out of Court; or by the acceptance of the Reeve of the Mannor, whereof the same are holden, or by his Deputy within the same Mannor, or elsewhere, in presence of sixe Customary Te∣nants; or by any Headborough of some Township or Hamlet within that Mannor, in presence of sixe customary Tenants, in or out of the same Man∣nors. Which Surrender or Surrenders have beene, and shall, and may bee to the use of any person or persons, and their Heires for ever in Fee-taile, or for life or lives, with Remainders or without Remainders, as Lands may be assured by the course of the common Lawes of this Realme, or else to the use of the last Will and Testament of the Surrenderers, or of any other per∣sons, according to the intent and li∣mitation of such last Will and Testa∣ment.

Quit-rents are to be paid yeerely at Michaelmas.

ITem, the Rents of all the Tenants, both Free-holders and Copy-hol∣ders, which hold any Messuages, Cottages, Lands, Tenements, or He∣reditaments of the said Mannors, or of either of them, are yeerely payable on∣ly at the Feast of Saint Michael the Arch-Angell, to the Lord and his Heires: the same to be collected by the Reeves of the said Mannors (severally and respectively to be yeerely chosen, as hereafter is expressed) or their De∣puties. And all and every the said cu∣stomary Copy-hold Tenants, to pay the severall yeerely Rents, now yeerely due & payable for their severall Copy-holds. And if any of the said Copy-holds, * 1.3 for which any intire Quit-rent is now paid, shall hereafter come into severall hands, the Rent thereof shall then bee apportioned by the Homage, at the Court of the Mannor whereof the same are holden; and so much only as by the Homage shall bee appointed to be paid (pro rata) shall be paid to the Lord for the time being.

At what Courts Tenants are bound to appeare.

ITem, all and every Copy-hold Te∣nant of the said Mannors, or either of them, which now be, or hereafter for the time being shall bee, ought to appeare yeerely at two severall gene∣rall Courts holden for the Mannor, whereof his Lands or Tenements are holden, upon warning, as hereafter fol∣loweth. And also so many of them, at all other set or appointed Courts, set, appointed, and kept for the said Man∣nor whereof their Lands are holden, under the number of eighteene, as shall be (for that purpose) especially war∣ned thereunto by the Reeve, or his suf∣ficient Deputy for the time being. And the said Tenants shall doe their suits and services according to their tenures; except they bee essoined, licensed, or have some other lawfull excuse, upon the paine hereafter following.* 1.4 Which two generall Courts have beene com∣monly kept (and are to be kept yeerely) the one of them on Tuesday, the ninth day after Easter day; and the other, a∣bout the Feast of Saint Andrew the Apostle, upon reasonable warning: That is to say, in the Churches and Chappels within the said Mannors, openly upon the Sunday sevennight, or Sunday fortnight, before the day of such Courts to be holden.

Tenants failing to appeare, and not essoined, or reasonable excuse, shall be amended.

ITem, if any of the Copy-hold, or Customary Tenants of the said Mannors, or of either of them, doe or shall make default of their appea∣rance

at any of the said two generall Ceuris, to which their suits shall bee due; Or if such Copy-hold Tenants, as shall be especially and lawfully war∣ned to appeare at any of the said Courts (in forme aforesaid) yeerely to be holden, doe make default (to which the said suit is or shall bee due) and warning openly given (as aforesaid) of the day and place of the holding of the same general Courts, and upon speci∣all and lawfull warning to be given for the said set or purchased Courts: That then they that shall so make default (except they be essoined, or have some other lawfull or reasonable excuse) shall be amerced by the Homage of the said Court,* 1.5 to bee taxed and afferred by two Afferrors of the said Court: that is to say, by two Tenants of the Ho∣mage, or of either of them for the time being, hath alwayes vsed to chuse, and shall chuse one for the Lord, and the residue of the Homage have cho∣sen, and hereafter shall chuse the o∣ther.

What the Tenants are to be allowed at set Courts.

ITem, if any Tenant bee summoned to appeare at any set Court, or Courts to bee holden within the said Mannors, or in any of them, and doth appeare upon the said summons, he ought, and is to have for his paines foure pence, and his dinner, or eight pence and no dinner; which ought and is to be paid (by the said custome) by such person or persons, who shall bee the cause that any such Tenants doe appeare for his or their matter: So it bee not any matter or cause that con∣cerneth an enquiry or presentment to be made, only for the Lord for the time being, his Heiros and Assignes.

The like allowance for view, partiti∣ons, and other summons.

ITem, the Copy-hold Tenants of the said Mannors, and of either of them, ought to have every of them like allowance, upon every view by them to bee made, and upon every partition by them to bee made, or upon other sum∣mon to appeare betwixt Tenant and Tenant, when they be appointed there∣unto by precept from the Steward of the said Mannors, or of either of them for the time being, or by his sufficient Deputy.

How Tenants way be righted against Encroachments, Annoyances, &c.

THe Homage of the Court of the said Mannors, or of any of them, may appoint six or seven Tenants, upon any complaint to them made, by any person or persons, being Tenants of the said Mannors, or of ei∣ther of them in open Court: that hee or they bee wronged by any In∣croachment, or any other Annoyance to their Copy-hold Tenements, which Tenants shall (after the said Court) view the same Incroachment, An∣noyance, and Impediment, or place whereof any such complaint shall be made. And thereupon, to present or notifie the same by a day to the Stew∣ard, or to the Homage at the next ge∣nerall Court; that there may be set a paine or amerciament, or both, for the same, by the Homage at the said next Court, according to the quality of the offence.

The Homage at every generall Court, is to present deceased Tenants.

ITem, the Homage of either of the said Mannors, are to make present∣ment at every generall Court to be holden for the said Manors, or of either of them, of all the Customary or Copy-hold Tenants, that they shall know shall be deceased after the Court then last past, or at any time before the said Court, whose deaths were not then found and presented, and that held any Copy-hold, or Customary, or reputed Copy-hold or Customary Lands or Tenements of the said Mannors, or of either of them. And also (as neere as they can) present what Lands every of them died seized of, and of what estate,

and when he died, and who is the next Heire or Heires to the same person or persons so dying seized, and of what age or ages the said Heire or Heires shall then be of, as neere as they can.

Also they must present the deaths of Free-holders, &c.

ITem, the Homage likewise ought to present the deaths of the Free-hol∣ders, and when they dyed, and who be their next heire or heires, and the a∣ges of their heires, which held any Lands or Tenements of the said Man∣nors, or of either of them, and the na∣ture of their tenures, so neer as they can: To the intent the Lord may have his reliefe, which is but the value of one yeeres quit-rent, of the Tenements hol∣den of the said Mannors, or of either of them by Socage tenure.

What shall bee done, if the next heire bee not knowne.

IF the Homage at any of the said Courts of either of the said Mannors, shall not know who is next heire or heires to any of the said customary Te∣nants so dying seized, when they shall make their presentments; that then they shall make their presentment so accordingly, and then upon the said presentment at the next generall Court then after, the Steward of the said Mannors of either of them, or his De∣puty for the time being, within the said presentment shall so bee made, shall cause a Proclamation to bee made in o∣pen Court, to the intent every such heire or heires may have knowledge to come, and take up the Lands and Tene∣ments of his or their Ancestours, and so the Steward or his Deputy shall cause a Proclamation to be made,* 1.6 from gene∣rall Court to generall Court, untill three open and publike Proclamations be made in full Court, at three generall Courts: which generall Courts (by the said custome) are used to be holden commonly one halfe yeere after ano∣ther, or thereabout: So that from the presentment made by the said homage, of the dying seized of the said last Te∣nant, unto the last Proclamation, shall be fully two yeeres.

And if there shall come no heire of the said Lands or Tenements, nor any for him or them, before the end of the Court next after the Court, whereat the last of the said three Proclamations shall bee made, to male his or their claime, and prove himselfe, or them∣selves to the Homage of the Court, in such sort as they or the greater part of them shall allow of, to be the next heire or heires of the whole blood to the said Tenant deceased, or to have title to the Lands and Tenements, nor to shew and prove, as aforesaid, who is or ought to be next heire or heires of the whole blood to the said Tenant deceased,* 1.7 or next heire or heires expectant, upon a∣ny estate determined: Then the Lord of the Mannor, whereof the same Land is holden for the time being; shall and may after the next Court, next after the said three Proclamations so to be made, seize the Lands and Tenements, which were the said persons so dying seized, whose next heire or heires, or such as shall have title thereunto cannot bee found, or shall not come and make his or their claime and proofe as aforesaid. And the same L. then to take the issues and profits thereof to his owne use,* 1.8 un∣till such person or persons come, that shall prove him or them next heire or heires to the said person or persons so dying seized.* 1.9 And if none shall come in within three yeeres next after the third and last Proclamation made as aforesaid, that shall and can convey and prove him or them to be next heire or heires of the whole blood, or shew or prove, who is or ought to be next heire or heires, or to have title as next in Re∣mainder or or Reversion as aforesaid; that the said Lands and Tenements be for∣feited, or shall escheat unto the Lord of the said Mannor or Mannors for the time being.

Except,* 1.10 that if the said Land and Te∣nements shall or ought immediately to descend, remaine, revert, come to any woman Covert,* 1.11 or Infant within the age of one and twenty yeeres, or to any person or persons being in prison,* 1.12 or any

person or persons not of Sanae memoriae,* 1.13 or that shall not be within the Realme at the time of the death of the said last Tenant dying so seized,* 1.14 or at the time of the first, second or third Proclama∣tion to be made as aforesaid, that there, in every such case, the Lord (for the time being) shall have but the profits of the said Lands and Tenements, un∣till such persons, or his, her or their heire or heires shall come and make their claime: So that the said claime be made by the said woman, or her heires,* 1.15 within five yeeres next after the death of her said husband, or by her husband and her selfe during the time of her Coverture: And by such person being within age, or his heires, before he shall or should accomplish his full age of one and twenty yeeres: And by the person of Non sanae memoriae, with∣in five yeeres, next after he shall reco∣ver, and be of Sanae memoriae; and by the heire of such person of Non sanae me∣moriae, within five yeeres next after the death of his said Ancestor, or before: And by the said person that shall so be out of the Realme, or his heires, within five yeeres after he shall returne; or if he shall not returne, within five yeeres after his death: And by the said per∣son or persons in prison, within one whole yeere next after his or their en∣largement from such imprisonment.

No dower for women, nor courtesie of England for men.

ITem, in the said Mannors, or either of them, women ought not to have dowers of any customary Lands or Tenements within the Mannors afore∣said, nor any of them: Nor men to have any estate as Tenants, by the cour∣tesie of England.

Estates of inheritance shall descend according to Gavelkind.

ITem, if any shall bee seized of any customary Lands or Tenements, holden of the said Mannors, or of ei∣ther of them, of an estate of Inheritance and shall have two sonnes, or three sonnes, or more: Or having no sonnes, shall have divers daughters: Or ha∣ving neither sonnes nor daughters, shall have divers Collaterall heires in one neernesse of blood; or that are to make their resort, from those that were of the same neerenesse of blood to the Tenant dying: They shall bee all co-heires to their said Father, Mother, or other An∣cestor, touching the said customary Lands and Tenements, according to the custome of Gavelkind.

Touching descents where the Te∣nant left issue.

ITem, if any man or woman die seized (as aforesaid) of any customary lands or Tenements of any state of Inheri∣tance, holden of the said Mannors, or of any of them, and shall have issue two or three sonnes, or more, whereof one or two or more of them shall be marri∣ed, and have issue in the life of their Fa∣ther or mother, and shall dye before his or their Father or Mother: Or ha∣ving no sons, shall have divers daugh∣ters, whereof one or more shall be mar∣ried and have issue, and dye in the life of the Father or Mother: that then the said issue shall inherit, and be co-heire with the said sonne or sonnes, daugh∣ter or daughters that shall survive his, her, or their said Father or Mother, that so shall dye seized as is aforesaid; whether the said issue bee male or fe∣male, according to the custome of Ga∣velkind.

How Lands shall descend to those of the whole blood, where the Tenant left no issue.

ITem, if any person or persons dye sei∣zed as aforesaid, and shall leave be∣hind him neither son nor daughter; then the next of his or their kinne (be∣ing of the whole blood) shall be heire or heires to the said person or persons so dying seized: That is to say, his, her,

or their brother or brothers, brother or brothers children, or childrens chil∣dren, according to the custome of Ga∣velkind: & so forth, as long as any of that issue shall be alive, being of the whole blood. And in default of such issue, the sisters and sisters children, according to the custome of Gavelkind: and so forth so long as any issue shall be alive, and of the whole blood. And for lacke of such issue; the Vncles and their issues, being of the whole blood, so long as a∣ny issue shall be living. And in default of such issue; the Aunts and their chil∣dren, so long as any shall be living of the whole blood. And for lacke of such issue, the next of kin of the whole blood, according to the custome of Ga∣velkind.

Males and Females of one wombe, cannot joyne to be co-heires.

ITem, if any person so dying seized as aforesaid, without issue of his body, and having divers Brothers of the whole blood, whereof the one or some of them shall have beene married, and shall have issue, and after issue had, shall dye, before the said Brother dying sei∣zed, as aforesaid; that then the issues of the said Brother or Brothers, so dy∣ing before him that died seized, as a∣foresaid, shall joyne and bee co-heire with his Brother or Brothers, that sur∣viveth the Brother that so dyed seized, as aforesaid, whether the said issue bee males or females. But males and fe∣males of one belly or womb, canot joyn to be co-heires together: So that the course of descents is to be observed by the said custome, according to the cu∣stome and nature of Lands in Gavel∣kinde.

Touching Descents.

ITem, likewise shall the issue of the daughter, that shall dye in the life of the Father or Mother, bee co-heire with the Aunt that liveth, being of the whole blood.

Descents.

ITem, likewise shall the Vncles, and the Vncles Brothers children (being of the whole blood) be co-heires to∣gether as aforesaid.

Descents.* 1.16

ITem, likewise shall the Aunts, & the Aunts Sisters children joyne and be co-heires as aforesaid, and so forth of all other further degrees, of all Colla∣terall heires, being of the whole blood, which may convey themselves to be a∣ny Cousins, and heires of the whole blood to any person or persons, dying seized of any of the aforesaid customary Lands or Tenements, according to the custome of Gavelkind.

How Copy-holders of inheritance may surrender.

ITem, by the custome of the said se∣verall Mannors, every Copy-holder of inheritance in fee-simple, may sur∣render his said Copy-hold Lands and Tenements, or any part or parcell ther∣of unto the Lord, to the use of any per∣son or persons, and to his and their heires for ever, or to his or their heires of his or their bodies, or any otherwise in taile, or for life or lives, or yeeres, or to any person or persons, and his or their heires: To the intent the said Co∣py-hold Tenant may declare his last Will and Testament upon the same Lands and Tenements,* 1.17 or to any other use or uses, unlesse it be to any corpora∣tion or corporations, or bodies politicke or corporate. And every Copy-holder in taile, or for life, lives or yeeres, of either of the said Mannors, may in like manner (by the customes of the said Mannors and of either of them) surren∣der their Copy-hold Lands, Tene∣ments 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 use every Surrender shall bee made, are to have their Copies made to hold of the Lord by the Rod, according to the custome of the Mannor, whereof they have beene holden by the Rents and services therefore due and accustomed. Vpon every of which Surrender,* 1.18 the Fine and Fines for the same hereafter expressed, is by the said custome to bee paid, and to be entred into the severall Copies, or the Margents of them.

Surrenders taken by the Headbo∣rough or Reeve, inpresence of sixe Tenants.

ITem, by the custome of the said Mannors, and of either of them; every Surrender taken out of the Court by the Headborough or Reeve, or his Deputy, and in the presence of sixe Customary Tenants of the Man∣nor, of which the said Lands or Tene∣ments surrendered shall be parcell, wit∣nessing the same Surrender of any per∣son or persons, of his or their customa∣ry Lands or Tenements, holden of the said Mannors, or of either of them. And being of the full age of one and twenty yeeres, or upwards (except wo∣men Covert-baron, and such as are not of perfect minde) to the use of any per∣son or persons; are, and ought to bee as good, as if it were taken in open Court by the said Steward of the Man∣nors, or of either of them; so that such Surrender bee by the Homage presen∣ted, as hereafter followeth.

Surrender of women Covert-Baron, in extremity of sicknesse.

ITem, the Surrender by a woman Co∣vert-baron, being of the age of one and twenty yeeres, made together with her husband, of the Lands, Tene∣ments, or Hereditaments, whereof she is seized or estated; is, and shall bee a good Surrender of her Lands, Tene∣ments, and Hereditaments, whereof she is seized and estated: and shall bee a good Surrender of her Lands, Tene∣ments, and Hereditaments, holden of the said Mannors, or of either of the same: the same Surrender being made in her extremity of sicknesse, or likeli∣hood of death, by the acceptance of the Reeve of the Mannor, whereof the Lands and Tenements so surrendered, are parcell, and his Deputy, or either of them, in the presence of sixe custo∣mary Tenants, or by the acceptance of the Headborough, in the presence of sixe customary Tenants.* 1.19 But if any such woman Covert-baron, so surren∣dering, doe after that recover her health, and doe not at the next gene∣rall Court then following ratifie and confirme the same, before the Steward or his Deputy, in the presence of the Homage, then the same Surrender is and shall be void.* 1.20 And all other Sur∣renders made by any woman Covert-baron, except before the Steward of the Mannor, or his Deputy, where she shalbe solely examined, or in extremity of sicknesse, as is aforesaid, are and shall be void.

All Surrenders taken by the Reeve or Headborough, must be presented at the first or second next generall Court.

ITem, all Surrenders taken of wo∣men, as aforesaid, or of men by the Reeve, or his Deputy, or by a Head∣borow for the time being, and in the presence of six Customary Tenants, as aforesaid; shall be, and ought to be, by the Homage presented, at the first or second next generall Court, holden for the Mannor whereof the same is hol∣den, after the taking thereof; or with∣in one yeere and a day next after the taking of the same Surrender, if any such generall Court bee holden within a yeere and a day next after the same Surrender so taken. Or else if no such generall Court bee holden within a yeere and a day; then to be by the Ho∣mage presented at the next generall Court to be holden for the same Man∣nor, next after the same yeere and day;

is and shall be a good Surrender, as if the same had beene taken by the Ste∣ward or his Deputy of that Mannor; or woman examined, as foresaid, in o∣pen Court, or otherwise. All Surren∣ders taken by the Reeve or his Deputy, or by a Headborough, and in the pre∣sence of six Tenants, and not presented by the said Homage in manner and forme aforesaid,* 1.21 are and shall be void. But when any Surrender shall be made by any person,* 1.22 to the use of his or her last Will and Testament, to the intent that hee or shee may thereby, or there∣upon, make and declare his or her last Will and Testament: that Surrender is to be presented at the first or second Court generall of that Mannor, hap∣ning next after the decease of the party so surrendring perfectly knowne, and not before. But if the same be not at the first or second Court (next after the death of the same party) presented; or if the same party hath before (in his life time) made any other Surrender of the same Lands or Tenements, and the same to bee presented: Then the said Surrender, to the use of such last Will and Testament, is, and shall be void.

The Homage must write Billa Vera upon their Presentments and good Surrenders.

ITem, the Homage must write Billa Vera, upon every Surrender by them presented, when they finde the same Surrenders agreeable to the custome. And also upon every other of their Pre∣sentments, shall make Billa Vera, when they be agreeable to the said custome. Or else, if the said Homage receive any Surrender, or other Bills to them ex∣hibited, which be doubtfull or repug∣nant to the custome of the Mannor whereof the Land is holden, upon eue∣ry such Surrender or Bill, Ignoramus shall be made, or the like Superscrip∣tion, to the intent it may bee knowne to bee doubtfull or naught: or else re∣turne the same naughty Surrenders or Bills backe againe, to the parties that exhibited the same.

What Women Covert-baron may doe.

ITem, every Woman being Covert-baron, of the age of one and twenty yeres or upwards, having any custo∣mary Lands or Tenements to her or her Heires, for life, lives, or yeeres, and holden of the said Mannors, or of ei∣ther of them; may together with her Husband (by the hands of the said Steward, or his sufficient Deputy) surrender all her said Lands and Tene∣ments, Interest, and terme of yeeres, to the use of her said Husband, or to any other person or persons at their will and pleasure;* 1.23 so as she be solely and se∣cretly examined before the Steward, or his sufficient Deputy.

Surrenders taken out of Court by the Steward or his Deputy.

ITem, all Surrenders taken out of the Court by the Steward of the said Mannors, or of any of them, or his sufficient Deputy, of any person or per∣sons, being of the full age of one and twenty yeeres or more, and of Sanae me∣moriae, of any of their customary Lands and Tenements holden of the said Mannors, or of either of them, be good by the customes of the said Mannors, and of either of them;* 1.24 and the same ought to bee published and notified to the Homage at the next generall Court, or else those Surrenders are also void.

The Fines are certaine, and not arbitrary.

ITem, all the Fines upon admittan∣ces for any the now Lands, Tene∣ments, or Hereditaments, of all and every the persons, named parties to the said Indenture, holden by Copy of Court Roll, are and ought to bee cer∣taine, and not arbitrary, or at the will of the Lord. And the Lord or Lords of the said Mannors, or of either of them, ought to have and take Fines up∣on admittances, as hereafter follow∣eth, and not other, or greater: That is

to say, upon the admission of the Heire or Heires after a descent, for every Acre of land (of what nature and kind soever) sixteen pence, and so after that rate, for greater or lesser quantities of land.* 1.25 And upon admission of one per∣son only, after any Surrender, the like summe of sixteene pence for every A∣cre; and so after that rate, for every greater or lesser quantity of land. But if more then one person bee admitted after or upon any Surrender:* 1.26 then eve∣ry of the same persons are to pay halfe so much as one person ought to pay, and not more. Likewise upon admissi∣on of the Heires of Heire, after a de∣scent for every messuage Customary, with the Courts, Yards, Easements, Orchards, and Gardens thereunto be∣longing, for a Fine, the summe of thir∣teene shillings foure pence, and not more. And for a dwelling house, cal∣led a Tenement, with the Courts, Yards, Orchards, Easements, and Gar∣dens thereunto belonging, the summe of ten shillings, and not more. And for a Cottage, used for a dwelling, with Easements and Gardens thereun∣to belonging, or without Garden, and not demised for more then three pounds by the yeere, the summe of twenty pence.* 1.27 But for a building, not used for a dwelling house, so much onely as ac∣cording to the quantity of the land, af∣ter the rate of sixteene pence the Acre. And for greater Cottages used for dwelling, & which shalbe let for above three pounds by the yeere, with the Courts, Yards, Orchards, and Ease∣ments thereunto belonging, the summe of ten shillings. And the like is of Mes∣suages, Tenements, and Cottages here∣after to bee built. And upon or after any Surrender, at the admission, the like Fines are to bee paid for one per∣son. * 1.28 But if any Surrender be made by 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 bee paid for the wife. And if more persons bee admitted upon one Sur∣render; then every of the same per∣sons are to pay for Fine, halfe so much as one person ought to pay, and not more.

All Acres are to bee accounted, ac∣cording 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 quantity thereof, according to the rate aforesaid. And parts of Messuages, parts of Tenements, and parts of Cot∣tages, are to pay for Fines respective∣ly (in regard of the whole) according to the rate of the whole.* 1.29 And all Fines paid, are to bee set downe and expres∣sed in the Copy of the Court Roll ther∣of, or in the margent of the same Co∣py. And if any question or doubt shall hereafter arise, about the discerning and true estimation what, or which be, or ought to be accounted a Messuage; and what, or which, a dwelling house, called a Tenement; and what, or which, a Cottage: the same is to bee referred to the Homage of the Man∣nor at the next generall Court, and by the same to bee tried, ordered, deter∣mined, and presented, and according to such presentments, Fines are to bee paid.

If the Lord refuse to admit, then, &c.

ITem, if the Lord or Lords of the said Mannors, 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 use such Surrender (as in the precedent Ar∣ticle is expressed) shall bee made, or shall refuse to admit such person or persons, to whom any of the said Co∣py-hold, or Customary, or reputed Copy-hold, or Customary Lands, Te∣nements, or Hereditaments shall de∣scend, according to the custome of the said Mannors, and true meaning of these Scedules: then the person so not admitted, paying or tendering to the Lord or his Reeve, Fine or Fines for the same (according to the true mea∣ning of these Scedules) shal and may into such Lands, Tenements, or Here∣ditaments, so surrendered or descen∣ded, respectively enter; and the same quietly have, hold, and enjoy as freely, and in such sort, as if hee or they had

beene thereunto lawfully admitted, and not otherwise.

Surrender to make the Wife a Ioynture.

ITem, if any man make a Surrender, onely to the intent to make his wife a Jointure, or to assure it to his wife for tearme of her life, or during her wi∣dow-hood, not alterning the estate of the inheritance; then for the fine of the same, or any admittance thereupon; there shall bee paid but halfe a fine for the same things so surrendred: That is to say, halfe so much as one person should pay upon admittance, accor∣ding to the true meaning of these Sce∣dules. And the like is to be used, where the Husband, and Wife make a Surren∣der of the Lands of the Wife; to the end onely, 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 like∣wise (by the said custom) for every Tenant that shall not bee admitted in Reversion or Remainder expectant,* 1.30 up∣on the estate of any particular Tenant for life, in taile or for yeeres, granted by the Copy; the same is but halfe so much as it is upon other admittances, upon alienations, surrenders, or dying seized as aforesaid.

Duties to the Homage and Tenants for Bills and Surrenders.

ITem, every person that exhibiteth or delivereth any Surrender, or Bill to the Homage, ought to give and pay to the same Homage, for every such sur∣render or Bill, foure pence, and every of the said sixe Tenants, and also the Headborought or Reeve (which shall be at the taking of any Surrenders as afore∣said) ought to have foure pence apiece of the parties that make the Surrender, if the same Surrender be taken within the said Mannors,* 1.31 or in either of them. But if they goe out of the said Man∣nors, or either of them, for the taking of the same, then to have eight pence apiece, and their charges, if they shall goe further off. And the party that procureth the said Surrender, ought to give to the said Tenants foure pence, beside the said sees; which foure pence is to be delivered with the said Surren∣der; or else he that bringeth in the said Surrender, without the said foure pence shall pay it of his owne 〈◊〉〈◊〉 to the Homage.

Though an heire be admitted, yet up∣on a new claime, the Homage shall en∣quire, &c. for a Co-heire.

ITem, if it chance at any time, upon the death of any Copy-holder, or customary Tenant, that there is an heire or heires found, and presented by the Homage, and after, is or are admit∣ted to the Lands or Tenements of the said Copy-holder, and at that time no other heires shall be knowne. And af∣ter 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 en∣quire; and if they finde his claime true, they ought to present the same. And then he or they so claiming, shall bee likewise admitted, and pay his fine, and have his part of the premisses, notwith∣standing the former admission.

Where Tenants are admitted, and after that another claimeth the whole: the Homage is not bound to enquire, but he is driven to his suit.

ITem, if any man bee admitted to any possession, or to any Reversion or Re∣mainder of any Lands or Tenements, whether they bee to him descended as shall 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 any part thereof, and desireth that the Homage may en∣quire thereof: In this case the said Ho∣mage is not bound thereof to enquire: but he or they are driven to his or their suit or plaint, whether his or their title

be right or wrong: Except in such case, where any person or persons shall claim as in the next precedent Article. And yet if any shall require the homage, to finde whether hee or they were the son or daughter, or sonnes or daughters of such a one or no, and the homage know∣ing, or well enformed of the truth, that he or they shall be the sonne, or sonnes or daughters of him or her, that dyed seized of the Lands then in question The Homage ought therein to present the truth:* 1.32 But not to present, whether he or they ought to have the premisses, or any part thereof, to the which ano∣ther person is already presented. But in such case, he or they shall be driven to his or their suit or plaint, as afore∣said; for recovery of their said right, if any right they have. Except in such case, where any person or persons shall claime, as in the next precedent Article.

How Lands descended are to bee taken up.

ITem, after the death of every person, being a Ccustomary Tenant of the said Mannors, or of either of them; the next heire or heires ought to come and take up the Lands and Tenements, whereof his or their Ancestors so shall dye seized, of what age soever he bee. And if he or they be of the age of foure∣teene yeeres or upwards;* 1.33 hee is to bee admitted in his owne person, within a convenient time after he or they shall be presented. Or else if he or they bee under the age of foureteene yeeres; then to come and take it up by his Gardian,* 1.34 untill hee bee of the age of foureteene yeeres, as aforesaid, and to pay for his fine, according to the rates expressed in these Scedules; and the Gardian to pay but three shillings and foure pence at the most for his fine for the Gardianship,* 1.35 or lesse, as the Stew∣ard or his Deputy shall thinke fit. And for Lands descended from the part of the Father; the next Cousien of the part on the Mother, not able to inherit those Lands, ought to be Gardian. And if the Lands came from the part of the Mother;* 1.36 then the like Cousien of the part of the Father ought to be Gardian, if that person will accept thereof.* 1.37 And upon their refusall, or not praying to be admitted Gardian, at the first or second Court after that Infant ought to be ad∣mitted; then may the Steward admit any other of the kindred of the Infant (to whom his Lands cannot descend) to bee Gardian.* 1.38 And if none of the kin∣dred will accept of the Gardianship; then may another bee admitted. And every Gardian shall account to the heire of the profits, and repaire the Co∣py-hold Tenements of him whose Gardian he is: And upon admittance shall be bound to the Lord for the time being,* 1.39 with condition for performance thereof, in such summe as the Homage of the said Court, or the greater part thereof shall like of. And of the Lands of every Infant under foureteene yeeres of age, that shall bee a purchaser; a Gardian shall be admitted, and shall so demeane himselfe in such manner, as for the Gardian of an Infant (having Lands by descent) is limited and ap∣pointed.

They to whose use Lands are surren∣dred, ought within three yeeres after the presentment take them up.

ITem, every person, to whose use any of the said Lands ot Tenements shal be surrendred, ought to come with∣in three yeeres after the same bee pre∣sented, and take up the same by him∣selfe, if he be of age, and to bee admit∣ted as aforesaid, and to pay his fine, or else by his Gardian, as is aforesaid.

The Lord may distrain for the Fines; or by default of distresse, seize the Lands.

ITem, if any of the said Heires, Alie∣nees or Gardians, doe not pay their fines within one moneth after the same fines bee extracted, and the ex∣tracts delivered to the Reeve or his De∣puty for the gathering thereof, and by them or either of them demanded; then it shall be lawfull for the Lord or

Lords of the said Mannor or Mannors for the time being, or his or their Of∣ficers to distraine, and avow as for rents: And for want of distresse, to seize the Lands and Tenements, for the which the said Fine or Fines are to be paid, and to enjoy the same to his or their owne use, untill he or they shall bee fully satisfied, and paid the said Fine or Fines, to bee paid by him or them that so ought to pay the same.

The like he may doe for non payment of the Quit-rent.

ITem, if any Customary or Copy-hold Tenant of the said Mannors, or of either of them, shall not pay his Rents for his Copy-hold, for which the same is due, and demanded by the said Reeve or his Deputy, then it shall bee lawfull for the Lord or Lords of the said Mannor or Mannors for the time being, or his or their Of∣ficers to distraine and avow. And for want of sufficient distresse, to seize the Lands and Tenements out of the which the same ought to be paid, and to take and enjoy the Rents, Issues, and profits of the same to his or their owne use, untill hee or they shall bee fully satisfied and paid the same Rents by him or them that so ought to pay the same.

Who shall be the Gardian.

ITem, that when any Tenant dieth seized leaving his Heire under the age of fourteene yeeres, the next of the kin (to whom the said Lands and Tenements cannot descend) shall have, if hee shall require it, the cu∣stody of the Heire, and of his Lands and Tenements, committed unto him for the use of the Heire, untill he come to the age of fourteene yeeres,* 1.40 as is a∣foresaid, and then hee to chuse his owne Gardian, And the former Gar∣dian at any time after (upon reasona∣ble request) to yeeld account to the Heire, of the profits of his Lands re∣ceived.

Tenants may let Leases for 31. yeeres and foure moneths, without any Licence or Fine.

ITem, if any person or persons bee disposed to let his or their custo∣mary Lands or Tenements to any other person or persons, and to their Executors and Assignes, for the terme of one and thirty yeeres, or lesse; the same person or persons have and shall have full power and authority, to set or let to farme his or their Copy-hold Lands, or Tenements to any person or persons, their Heires, Executors, and Assignes, for the terme of one and thirty yeeres and foure moneths,* 1.41 or lesse, in possession from the time of the making thereof in writing, without any Licence to him or them to bee granted, and without paying Fine to the Lord, or incurring any forfeiture or seizure of or for the same: So as the same Lease doe not exceed one and thirty yeeres and foure moneths, from the time of the making thereof.* 1.42 But such Lease is and ought to be presen∣ted to the Homage of the Mannor, whereof the Lands or Tenements so leased are held, within one yeere after the making thereof: or else the same Lease so made, and not presented as aforesaid, shall bee void and of none effect.

Either Mannor is vpon every change of Lord, to pay five pounds for Recognition money.

ITem, the custome of the Mannor is, to give to the Lord of every of the said Mannors, upon the change of every Lord, at the next Court after the first entry, bona fide, ten pounds of lawfull money of England; that is to say, out of each Mannor five pounds, for the recognition and acknowledge∣ing the services, which is to be levied and collected by the Reeve for the time being; amongst all the said Co∣py-holders of the said Mannors, re∣spectively, according to the rates they shall be taxed at, by the Homage at

the next Court to bee holden, after the comming of the new Lord.

How the Reeve of either Mannor is to bee chosen.

ITem, the homage of every of the said Mannors ought yeerely (at the ge∣nerall Court to be holden next after Michaelmas) to elect & chuse severall Reeves for every of the said Mannors; that is to say, to elect and chuse two Customary Tenants, either of the said persons named parties to the said presents, their Heires or Assignes, or of others not named, to beare the Of∣fice of the Reeve for each of the said Mannors: namely, he that was before in election (if he bee alive) and one other: or if he be dead, two other, to the intent the Lord of the said Man∣nors, or of either of them, or his Ste∣ward, may appoint the one of them so elected for one whole yeere;* 1.43 that is, one to serve for each of the said Man∣nors; so he be appointed within that Mannor of which he is a Tenant, and for which he shalbe so chosen. Which Reeve being so appointed, ought to take upon him the said Office for one whole yeere then next ensuing, to ex∣ecute the same by himselfe or his De∣puty, for whom hee shall answer, and to be subject to account and answer for the same, as in the said presents is set downe.

And if a Copy-holder shall bee duly chosen, and appointed by the Homage, to bee the Lords Reeve, as aforesaid, and (according to his turne) presented by the Homage, and shall refuse to serve the said Office by him∣selfe or his Deputy:* 1.44 then every such person so refusing, within the said Mannor of Hackney, shall pay for a Fine, sixe pounds thirteene shillings and fourepence. And every such per∣son so refusing,* 1.45 within the said Man∣nor of Stebunheath or Stepney, shall pay for a Fine, ten pounds to the Lord of the Mannor,* 1.46 whereof his Lands are holden. And the Homage of the same Mannor shall bee charged from time to time to chuse another Reeve in the place of him that shall so refuse, untill such time as (for the same Mannor) one be chosen that shall and will serve the said Office. And every Copy-holder that shall bee chosen and ap∣pointed to the said Office as aforesaid, and shall refuse to serve the same Of∣fice, shall pay the Fine aforesaid to the Lord of that Mannor for his refu∣sall. * 1.47 The one halfe of all which Fines or Fine, of Tenant or Tenants so re∣fusing to accept and execute the said Office of Reeveship, according to the true meaning of these Scedules, the Lord or Lords of the said Mannors, or either of them, of whom such Te∣nant or Tenants so refusing shall hold, ought, and shall from time to time allow unto such person or persons, as being chosen and appointed to bee Reeve as aforesaid; And shall and will, next after the refusall of any one or more of the said Tenants so chosen, accept and serve the said Office; the moity of the said Fine or Fines, re∣spectively to bee by him defaulked and retained in his account.* 1.48 And by the Lord of that Mannor, upon the same Reeves account (whensoever hee shall account for the same) to be duly and justly allowed.

In what cases the Lord may seize the Reeves Lands.

ITem, if any Copy-holder, that shall accept, and execute the said Office of Reeve, shall refuse to satisfie and pay unto the Lord, the yeerely quit∣rents and fines for admittances upon Alienations or Descents, wherewith such Reeve shall or may bee lawfully charged, by and according to the true meaning of these presents; or shall refuse to account with the Lord, with∣in two moneths next yeerely after Mi∣chaelmas, having had the Rentall and Estracts of Fines upon admittances, as aforesaid, for that yeere, by the space of two moneths: Every such Reeves Lands & Tenements, that shal so refuse to account, and pay the said Rents and Fines which he shall or may have col∣lected, as aforesaid, shall bee seized into the Lords hands, and the Lord shall and may take to his owne use the

issues and profits of his said Lands and Tenements, untill he shall pay unto the Lord the Rents and Fines aforesaid: And untill hee hath also satisfied and paid for his said offence (viz.) being Reeve of Hackney,* 1.49 six pounds thirteene shillings foure pence: And being Reeve of Stepney, ten pounds. Neverthelesse, the Reeve ought not, nor shall be char∣ged or chargeable to answer any Quit∣rents, contained in any Rentall or E∣stracts, * 1.50 unlesse it appeare unto him by the Rentall of the former Reeve, or otherwise bee made knowne unto him by some of the Lords Officers, who is the Tenant, or where the Land lyeth; for and in respect of which, the same Quit-rents ought to be paid.

No Reeves within this composition, shall be charged with the Leet, or Court Baron, otherwise then in Article 45. Nor provide for any dinners, except, &c.

ITem, no Copy-holder of the said Mannors, or of either of them, being named parties to the said Indenture, nor their Heires or Assignes, ought or shall (at any time) bee charged to col∣lect or gather any of the Amerciaments, Fines, or other Issues or Profits of the Courts-Leets, or Courts-Baron, hol∣den within the said Manors, or of either of them, otherwise then in the last pre∣cedent Article is mentioned: nor to provide or allow for any Dinners, ei∣ther on the day or daies the Court-Leet shall be holden upon, or on the day or dayes of the two generall Courts: but are and shall bee thereof for ever freed and discharged; except that such Te∣nant, or his Heires, shall hereafter pur∣chase or have other customary Lands then those that the said persons, named parties to the said Indenture, or some one of them the said persons doe now hold, which shall be worth to be sold (at the least) two hundred pounds of law∣full money of England, or shall bee of the cleere yeerely value of twenty pounds of like money.

What Tenants may be chosen Reeves.

ITem, every one of the said Customa∣ry Tenants, named parties to the said Indenture, whose Lands, Tene∣ments, and Hereditaments, holden by Copy of Court-Roll of either of the said Mannors, are worth sixteene pounds of like money, as aforesaid, by the yeere to be let, or two hundred pounds to be sold, by the estimation and present∣ment of the Homage of the same Man∣nor, shall beare the Office of Reeve, of and for such of the said Mannors wher∣of hee shall bee a Tenant by Copy of Court-Roll, and for which he shall bee chosen and appointed Reeve, as afore∣said, when his or their time and course doth come.

What allowances the Reeve is to have of the Lord.

ITem, every of the said Reeves, is to bee allowed of the said Lords or Lord, for the executing of the said Office for one yeere, as followeth, viz. The Reeve of Stebunheath, three pounds sixe shillings and eight pence: and sixe shillings eight pence more, for and in respect of an allowance of a Coat-cloth to the said Reeve: And the Reeve of Hackney, fifty three shillings and foure pence: and sixe shillings eight pence more, for and in respect of an allowance of a Coat-cloth to the same Reeve: And all other commodities due and incident to the said Office, for ei∣ther of them, or used heretofore to be paid to the said Reeve, by any of the Tenants of the said Mannors respe∣ctively.

The Reeve to deliver the Rentall to his Successour.

ITem, the Reeves of the said Man∣nors, and of either of them, shall at the next generall Court, after his yeere of service expired, deliver the Rentall by which he made his account, to the Reeve that shall next succeed him,* 1.51 upon paine to be amerced, or fined by the Homage, if he shall not so doe.

What the Copy-holders may freely doe without forfeiture.

ITem, all the Customary Tenants of the said Mannors, & of either of thē, may break and dig their Copy-hold

grounds, holden of the said Mannors, and of either of them, at his or their will & pleasure; and fell, and cut down their timber and woods growing, or that shall grow upon the same, and convert it to their best use and profit: and may also suffer their Copy-hold Tenements and houses to decay, without incurring any seizure or forfeiture of their estates therefore, or other paine: and may take and pull downe their said Tene∣ments, and erect or set them up againe, either where they stood before, or up∣on any other Lands, holden by Copy of Court-Roll of the said Mannors, or of either of them.* 1.52 But they may not, or shall not take or pull them downe, to set them (or any part of them) upon their owne Free-holds, or upon the Free-holds of any other.

Copy-holders may lop Trees grow∣ing upon the waste before their houses.

ITem, every of the said Copy-hol∣ders, or reputed Copy-holders, na∣med parties to the said Indenture, may lop and shred all such Trees as grow before their houses or Tenements, upon the waste ground, and convert the same to their owne use, without any offence, so the said Trees stand for the defence of their Houses, Yards, or Gardens:* 1.53 And also they may dig Gra∣vell, Sand, Clay, and Lome upon the said waste grounds, to build or repaire any of their Copy-hold Tenements within the said Mannors, or in either of them without any licence; so alwaies, as every of the said Copy-holders doe fill up so much as shall bee digged by him or them.

Letting of Lands for more then 31. yeeres and foure moneths, is a forfeiture.

ITem, if any person or persons, being Tenant Customary, shall (without Licence by Indenture, or other wri∣ting, or otherwise) let his said Custo∣mary Lands or Tenements for more then one and thirty yeeres and foure moneths, it shall be a forfeiture of his estate, by the custome of the said Man∣nors, and of either of them, being found and presented by the Homage, or else otherwise lawfully and suffici∣ently proved.

For what offences these Copy-holders may forfeit their estates.

ITem, for Treason or Felony what∣soever, that shall bee committed by any Copy-holder of the said Man∣nors, or of any of them, for which hee shall be lawfully attainted, he shall for∣feit his Copy-hold Lands and Tene∣ments to the Lord of the said Mannor. And for all other offence or offences, act or acts whatsoever, 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.* 1.54 But if a Copy-holder be out-lawed for any cause, saving Felo∣ny or Treason, the Lord shall not have the issues or profits of his Lands. And if a Copy-holder make a Feoffement of his Copy-hold, Gift in taile, or Lease for life or lives, by deed, or with∣out deed, by livery and seizin there∣upon: or shall suffer a recovery at the Common Law, levy a Fine, or wilfully refuse or deny to pay, doe or performe his Rents, Fines, Suits, Customes and Services, at any time due to the Lord or Lords of the said Mannors, or of ei∣ther of them for the said Copy-holds:* 1.55 The same wilfull refusall being presen∣ted to the Homage, by the oathes of three Customary Tenants, with the Reeve or his Deputy (the said Tenants or Reeve, nor his Deputy, being none of the Lords servants) and being found and presented by the Homage, the same shall be holden and reputed a for∣feiture of his estate, whatsoever hee shall have by Copy of Court-Roll, at the time of any such act committed or done; in so much of his or their Copy-hold Lands and Tenements, as he shall have committed any such act: and on∣ly for so much of his Lands and Tene∣ments, * 1.56 out of the which the said Quit∣rent, and other duties is demanded, and shall be due, and wilfully denied

by the said Tenant or Tenants, as afore∣said. Or if any Copy-holder shall in the Lords Court,* 1.57 or elsewhere in any court of Record, disclaime to hold his said Copy-hold 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) wilfully claime their Copy-holds to bee Free-holds; * 1.58 or willingly and wittingly plead in any Reall action at the Common law in chiefe as a Free-hold Tenant; or shall willingly and wittingly doe any other act, or things, in or concerning his now Lands and Tenements, which shall be a disseisin or dis-inheritance of the Lord or Lords of the said Mannors, or of either of them, their heires or as∣signes (other than such acts, as in these Articles are especially mentioned, (or dispensed withall) that then hee shall forfeit his and their estate, of and in the same Lands and Tenements so dis∣claimed, to be holden or claimed to be free-hold; or for which he shall plead in chiefe, or do any such other act or thing as is aforesaid.* 1.59 Finally, the Lord of the said Mannors, or of either of them, shall have all such other Forfeitures, Issues, Profits, and Advantages of the said Copy-holds, as shall grow due to him by any Statute Lawes of this Realme, being not against and contra∣ry to these Articles and Customes here expressely set downe.

The Act or Neglect of Tenant for lives or yeeres, shall not prejudice those in remainder.

ITem, if any person or persons, ha∣ving any estate of any Copy-hold Lands or Tenements, holden of the said Mannors, or of either of them, for terme of life or lives, or for terme of yeeres, or (in the right of their wives) of any estate, although he, she, or they, shall doe or suffer, or neglect to doe any act or acts during the time afore∣said, in or upon the said Copy-hold Lands and Tenements, which may or shall be contrary to the custome of the said mannors, or of either of them. The same act or acts so being done, shall not prejudice or bee hurtfull unto the next person or persons to whom the said Customary Lands or Tenements should or ought to remaine, revert, or come,* 1.60 nor to the said Wife or her Heires, not being party 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 Advantage, Is∣sues, or Profits of the same Copy-hold Lands or Tenements, then during the time of such estates as aforesaid, of the party 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, revert, or come to the next person or persons, or to such person or persons to whom the same should have come or remained, or goe or revert im∣mediatly after such estate or estates en∣ded or determined; as though there had bin no such act or acts done, contra∣ry to the tenor or true meaning of these presents, by any such person or persons.

Private Acts of Tenants, hurt not the customes of the rest.

ITem, the particular or private act or acts of any customary Tenant or Tenants of any of the said Mannors, which shall happen to be done 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 Reeve, or of either of them, contrary to the Ar∣ticles and true meaning of these pre∣sents, neither doth nor shall extend to be construed to be a breach of the anci∣ent customes of the said Mannors, or of either of them, to the hurt or preju∣dice of the rest of the Customary Te∣nants, but of themselves only, doing the said particular act.

Tenant for life or yeeres, making waste, shall be fined by the Homage.

ITem, that if any Tenant for terme of life, or lives onely, or for terme of yeeres of Customary Lands, shall make any waste, then he shall bee fined by the Homage; the third part of which Fine shall bee to the Lord, and the other two parts shall come to him in the reversion or remainder of the said Copy-hold.

The Lord may distraine, but not seize.

ITem, the Lord, for non payment of Amerciaments, may distraine his said Tenants, parties to these pre∣sents, and avow for the same as for Rents: But hee cannot seize any of his or their Customary Lands or Tene∣ments, parties to these Presents, for non payment thereof, vntill hee bee payed.

How partition is to be made betweene Co-heires, Ioynt-Tenants, or Tenants in common.

ITem, upon the admission of any Co∣heires, Ioynt-Tenants, or Tenants in common, if they cannot agree to occupy their Lands and Tenements, or to make partition among themselves: then hee or they that bee grieved, may (by the custome of either of the said Mannors) have a Precept from the Steward, directed to seven Customary Tenants, or more, of the said Mannors within which the said Lands and Te∣nements doe lye, and they shall make partition thereof, and the same returne to the Steward of the said Mannors againe, to bee enrolled in the Court Rolls of the said Mannor, whereof the said Lands and Tenements bee holden. Whereupon the said Heires shall goe to the said Steward of the said Man∣nor, within which the said Lands or Te∣nements shall lye: and then elect and chuse their parts in forme following:

That is to say,* 1.61 The youngest Sonne to chuse first, and then hee that is next to the youngest to chuse next, and so after that rate unto the eldest (how many soever) which eldest shall chuse last. And likewise the same order is to be observed amongst daughters, if there bee no sonnes, and amongst all other degrees of Heires, touching the Cu∣stomary Lands and Tenements holden of the said Mannors, or either of them. And upon every such partition,* 1.62 they shall pay for a Fine to the Lord, two shillings and six pence, or lesse, at the discretion of the Steward, according to the quantity of the Lands or Tene∣ments so parted betweene Tenants in common and Ioynt-Tenants; for the like Fine the said division to bee by the said Tenants, without election of the parties themselves, but by casting of Lots, if they cannot otherwise agree.

Copy-holders shall pay but a penny for poundage.

ITem, if any Customary or Free Te∣nants Cattell, 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 upward or under) for the poundage therof, but one penny. And hee that is no Tenant, shall pay for every distresse of Cattell so poun∣ded, foure pence.

Cattell impounded to be delivered by two Copy-holders.

ITem, if any Cattell be impounded within the Lords Pound, by any per∣son or persons, being a Customary Tenant or Tenants of the said Man∣nors, or of either of them, for any tres∣passe committed or done within the said Mannors, or in either of them, up∣on their Copy-holds: that all such Cattell being so impounded, may by two of the said Customary Tenants, of such of the said Mannors, or of either of them, wherein the said trespasse shall be committed, which will answer for such damages and costs as shall bee recovered in the said Court, against the owners of the same Cattell for the said trespasse, bee delivered out of the said Pound, unto the owner of the said Cattell, by the custome of the same Mannors, and of either of them.

No Suits for title of Copy-holds out of the Lords Court, without licence.

ITem, no Customary Tenant shall sue, vexe, or trouble any other Cu∣stomary 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 Te∣nements of the said Mannors, or of ei∣ther of them, out of the Lords Court, without the speciall Licence first had and obtained of the L. of the said Man∣nors, or of either of them, or of his Ste∣ward for the time being; if any person do the contrary, he shall have his Lands or Tenements seized into the Lords

hands, untill he pay a Fine to the L. for the same offence, viz. such Fine as shall be ceassed by the Homage at the next generall Court of the said Mannor.

Cattell offending, shall bee driven to the Lords Pound.

ITem, that no Customary Tenants of the said Mannors, or of either of them, for any offence to be done by any mans Cattell, within the said Man∣nors, or in either of them, shal drive the same Cattell to any forraigne Pounds, but to the Lords Pounds, being within the said Mannors, or in either of them: if any man doe the contrary, to be amer∣ced at the next generall Court by the Homage. So alwaies as there be a suffi∣cient Pound of the Lords there.

How Stakes, Markes, and Meares, betweene Tenant and Tenant ought to bee set.

ITem, that no Tenant, or any other person shall set any Stake, Marke, or Meare, betweene Tenant and Te∣nant, or betweene Tenant and any other person that lieth next to him, without the parties doe thereunto agree, un∣lesse an order be appointed by the Ho∣mage, or the greatest part of them, that it may bee first viewed by twelve Te∣nants of the said Mannors, or of either of them, where the Stake or Meare is to bee set, and there to set the Stake or Meare (indifferently) betweene both the said parties, & so to continue it, upon paine of amercement by the Homage.

Drivers of Commons, when to be chosen.

ITem, the Homage doe, and shall yerely use at the next general Court, holden upon the Tuesday, the ninth day next after Easter day, to elect and chuse out of the Hamlets within every of the said Mannors, certaine customary Tenants, to be Drivers and Viewers of the Wasts and Commons of the said Mannors, and of either of them, for one whole yeere. Which Tenants so ele∣cted, have authority (by the said cu∣stome) to drive the Commons at any time when they finde it surcharged, and to impound the Cattell by them so taken: and no other to drive the said Common, then the persons that were so chosen as aforesaid.

How surcharging the Commons is to be remedied.

ITem, If by their driving, the surchar∣ging cannot be remedied, then they ought to informe the Homage therof at the next Court, that they may amerce the offenders, whether the offenders be Tenants or no Tenants. And also to put a 〈◊〉〈◊〉 amerciament upō their heads, that they shall not likewise offend.

The Drivers shall account to the Homage.

ITem, if the said Drivers receive by the said poundages, any more mony then they spend in travaile, the rest shalbe imployed to the scowring of the com∣mon Sewers, which bee upon the said waste ground and Commons, and lay∣ing of Bridges over the said common Sewers; and shall make their account (in that behalfe) to the Homage at the generall Court, when the yeere (for which they were chosen) shall expire.

The Homage may make by-Lawes, which shall binde the Tenants.

ITem, the Copy-hold and customary Tenants, may make by-lawes at their generall Courts, when need shall re∣quire, which custome shall be so conti∣nued. And the said by-lawes so by them made, shall binde all the Copy-hold Tenants of the said Mannors, or of ei∣ther of them: so the same be not contra∣ry to the true meaning of these Articles.

Recoveries may be suffered to barre Entailes.

ITem, by the custome of the said Man∣nors, and of either of them, Tenants in taile of customary Lands and Te∣nements, may suffer common recoveries within the said severall Mannors, with single or double vouchers; or (by agree∣ment) forfeit the said Lands and Tene∣ments into the Lords hands, for the cut∣ting off the estate taile: which custome (by these Articles) shall have still con∣tinuance, and such recoveries and for∣feitures, are and shall be good to barre the said Entaile.

Tenants not appearing a•• set Courts, shall not be amerced above 4. pence.

ITem, whensoever there shall be any Court, or Courts Baron (or other then the said two generall Courts) kept within the said Mannors, or either of them; no Copy-holder ought or shall be amerced above the summe of foure pence, for any default of his appearance at any the same Court or Courts, except the said two generall Courts: Neither shall incurre any forfeiture, or seizure of his Copy-hold Lands or Tenements, or any other damage for any such default. And the said amerciament to be taxed by the Assurers Tenants of that Court.

The Stewards Fees.

ITem, the Steward or his Deputy is to have such Fees and allowances, as hereafter is expressed, viz. for every Surrender taken out of the Court five shillings, and nothing for any Surren∣der taken in Court. For every woman covert-Baron, that shall be examined, sixe shillings eight pence; for every ad∣mittance of every person, two shillings; for entring every Surrender, and ma∣king the Copy of Court Roll thereup∣on, sixe shillings eight pence; for every Precept for a view of partition, and en∣tring the same, and the returne thereof upon the Court Roll, and the Copy thereof, two shillings six pence; and if it exceed two sheets of paper, then for every sheet over and above two sheets, twelve pence more. For searching the Court Rols for every yeere, foure pence. For every purchased Court, thirteene shillings foure pence. For entring a note of a Leafe, granted of any Lands or Te∣nements, containing the date, quantity of Lands or Tenements, and certainty of terme, and to whom the same shalbe granted, & for a note thereof to the par∣ty, sixe pence. For these things before expressed, the Steward shall have only such Fees as before is declared; and for all other things, he shall have as former∣ly hath anciently bin used, and no more.

Buildings to bee erected, shall pay Fines, as those already built.

ITem, all Messuages, Tenements, and Cottages, that shall hereafter bee built upon any the copy-hold Lands, wherof the customes are hereby meant to be declared; shall be held and enjoy∣ed by the Copy-hold Tenants thereof, under the same Customes and Articles herein declared, as the Lands whereon they shall bee built are holden and en∣joyed; but shall pay such Fines there∣fore, as is before expressed or declared for Messuages, Tenements, and Cotta∣ges, that shall be new built.

The Lord shall not sever from the Mannor any of these Copy-holders, to any persons in Fee-simple, or other estate of Free-hold.

ITem, the Lord of the said Mannors, or of either of them, their Heires or Assignes, shall not at any time here∣after grant, or convey (severed from the Manor wherof the same is now holden, or ought to be holden, any of the Mes∣suages, Cottages, Lands, Tenements, or Hereditaments, whereof any of the said persons, named parties to the said Indenture hereunto annexed, is now copy-holder or customary Tenant, to a∣ny person or persons in Fee-simple, Fee∣taile, or for terme of life, or other estate of Free-hold, or for any estate or terme, otherby Copy of Court Roll, according to the customes of the said Mannors, and true meaning of these presents, and the Indenture whereunto the same are an∣nexed; except the Free-hold to be gran∣ted or severed, at the petition and desire of such person or persons as then shall be Copy-holder thereof, according to the true meaning of these presents.

And if the Lord hath granted away the Free-hold of any the Copy-hold Lands or Tenements,* 1.63 whereof the Cu∣stome is hereby meant to bee declared: he shall get and take the same backe a∣gaine; and the same shall (notwithstan∣ding such grant or alienation) be annex∣ed to the Mannor whereof it was, or is held, and shall be held and enioyed by the Tenant, his Heires and Assignes thereof, by Copy of Court Roll of the same Mannor, under the Rents, Servi∣ces, and Customes in these Articles ex∣pressed, & not otherwise: and also, that the Lord shall admit by his Steward or his Deputy, all such Tenant & Tenants that ought of right to be admitted up∣on the presentment of the Homage.

Notes

• * 1.1

  How Sur∣renders are to be made.
• * 1.2

  See fur∣ther in the 19. Article.
• * 1.3

  An intire Quit-rent come into severall hands, shall be apporti∣oned.
• * 1.4

  The two generall Courts yee rely held.
• * 1.5

  The man∣ner of amercing.
• * 1.6

  Three Proclama∣tions shall bee made in two yeeres space, for the heire to take know∣ledge, &c.
• * 1.7

  If no heire or heires appeare, the Lord may then seize the Land.
• * 1.8

  The Lord may keepe it, untill a an heire doe come.
• * 1.9

  If no heire come with in three yeeres af∣ter the 3. Proclama∣tion, then the Land shall es∣cheat to the Lord.
• * 1.10

  1. Except women covert ba∣ron.
• * 1.11

  2. Infants within age▪
• * 1.12

  3. Priso∣ners.
• * 1.13

  4. Persons Non sanae memoriae.
• * 1.14

  5. Persons out of the Realme.
• * 1.15

  Five yeers limitation to make the claime in.
• * 1.16

  〈…〉〈…〉
• * 1.17

  See more in the first Article, and in the 20. and 21. Arti∣cles, &c.
• * 1.18

  The Fines must be entred in∣to the Co∣pies: See Article 29.
• * 1.19

  Concer∣ning the womans recovery of her health.
• * 1.20

  All other Surren∣ders by women Covert-baron.
• * 1.21

  Or else they shall be void.
• * 1.22

  When Surren∣ders, to the use of the last will, must be presen∣ted, or else void.
• * 1.23

  Solely exa∣mined be∣fore the Steward or his De∣puty.
• * 1.24

  Must bee presented, at the next generall Court.
• * 1.25

  What Fines are due.
• * 1.26

  If more then one Person be admitted, then &c.
• * 1.27

  What Fine for a building, not used for a dwelling house.
• * 1.28

  Admission of man and wife, a whole Fine.
• * 1.29

  The Fines must bee entred in the mar∣gent of the Co∣pies: See Article 19.
• * 1.30

  Concer∣ning Te∣nants not admitted, &c.
• * 1.31

  Taking Surren∣ders out of the Man∣nors.
• * 1.32

  How farre the Ho∣mage are to present, and what not.
• * 1.33

  At foure∣teen yeers he is to be presented and admit∣ted in his owne per∣son.
• * 1.34

  Vnder 14. yeeres by a Gardian.
• * 1.35

  Gardian three shil∣lings foure pence.
• * 1.36

  Who shall be Gardi∣an.
• * 1.37

  See Arti∣cle 37.
• * 1.38

  The kin∣dred refu∣sing to be Gardian.
• * 1.39

  And shall be bound to the L. for perfor∣mance.
• * 1.40

  See Arti∣cle 33.
• * 1.41

  See the Abstract of the In∣denture.
• * 1.42

  If such Leases be not pre∣sented to the Ho∣mage within one yeere after the making, they shall be void.
• * 1.43

  Hee shall serve one whole yeere.
• * 1.44

  For refu∣sing the Office, and what Fine to be paid in Hack∣ney.
• * 1.45

  The Fine for Step∣ney.
• * 1.46

  The Ho∣mage shall chuse ano∣ther, untill one do ac∣cept and serve.
• * 1.47

  The halfe of Fines paid by refusers, shall be al∣lowed him who next shall serve.
• * 1.48

  And be by him retai∣ned at his accoun∣ting.
• * 1.49

  What he is to pay for his offence in both the Mannors.
• * 1.50

  Hee is not to answer any Quit∣rent, un∣lesse hee know the Tenant, or where the Land lyeth.
• * 1.51

  To bee amerced.
• * 1.52

  No houses may bee pulled downe, to set them upon free-hold land.
• * 1.53

  They may dig Gra∣vell, &c. upon the waste.
• * 1.54

  Outlawry except for Treason or Felo∣ny, shall be no for∣feiture.
• * 1.55

  How a man may make a further forfeiture of his e∣state seve∣rall waies.
• * 1.56

  Denying to pay Rents, Fines, &c.
• * 1.57

  Disclai∣ming to hold of the Lord, and clai∣ming their Copy-holds to be free-holds.
• * 1.58

  Pleading wittingly in a reall action at Common Law, in chiefe as a Free-hold.
• * 1.59

  What o∣ther for∣feitures the Lord shall haue.
• * 1.60

  Concer∣ning the Wife and her heires.
• * 1.61

  The m••n∣ner of e∣lecting and chu∣sing their parts, ei∣ther in sons or daughters.
• * 1.62

  Fine upon every such partition.
• * 1.63

  What the Lord is disabled of doing.