Sidebilder
PDF
ePub

Ing to (he said Newcastle measure. The decree directs 160s. the Winchester measure to be the proper measure. There Boons was produced in evidence also an act of parliament pas- ■»»«* sed in 7th James I. whereby it was enacted,that all the AWlI,',' messuages, cottages, mills, lands, tenements, and hereditaments, contained or mentioned in any decree in the court of Exchequer, since the 1st day of the then sessions of parliament, or within three years after, to be good and perfect copyhold lands* should, from the time of such decree or decrees made, be taken and adjudged to be good and perfect copyhold lands, tenements, and hereditaments, according to the true intent and meaning of the said decrees ftspectively; and, that all and every person and per«ous, should, and might have, hold, and enjoy the said, messuages, &c. to them their heirs and assigns for ever, by copy of court roll or otherwise, according to the custom of the said manors, severally and respectively, according to the purport and effect of the said decrees, for such fines, rents and duties, and by, with, and according to such customs, privileges) liberties, profits and commodities, m such manner and form as in and by the said decrees should be limited and appointed, and, that such decrees should stand and be of force, and conclude the king his heirs nnd successors, and also all other parties to the same, their heirs and assigns, and all claiming under them in all things, according to the purport, effect, and true meaning of the same decrees; and that everything therein confined should for ever stand, be, and remain, and be idjudged and taken to stand and he of such and the same force and effect to all intents and purposes, as if •he same decrees were in the said act expressed and :nacted.

Easter Term, 8 Jac. 1.1(1 April. By a decree in the :onrt of Exchequer, stating that Robert Anderson, Peter Riddtll, and others, his majesty's customary

tenants, and copyhold tenants within the said tovfn ships of Monkscaton, Preston, &c. all parcel of his majesty's manor of Tynemouth aforesaid, as well for themselves as also in the name and behalf of the residue of his majesty's customary and copyhold tenants within the said townships, exhibited their petition to his majesty, wherein they affirmed and maintained they were copyholders of inheritance of several messuages, lands, and tenements, within the said several townships, parcel of his manor of Tynemouth, and that they and those under whom they held the same had been severally seised thereof, of several estates of inheritance, according to the custom of the said manor; and that there was, and from time, &c. there had been, certain ancient customs, within the said several townships for and concerning the payment of fines, for admittance to the said copyhold messuages, lands, arid tenements in the said township, holden by copy of court roll according to the custom of the husbandry of the said manor, upon any descent surrender and alienation, (that is to say) that every tenant holding in present possession of the said rrir»;ior by copy of courtroll, as before, any messuages, lands, or tenements, within the said several townships of Monkseaton Pr«« ton, Backuorlh, Ease Chirton, Whitley, Murton, andEarsdon, have used and been accustomed by all the time aforesaid, to pay, upon every admittance to any the copyhold messuages, lands, or tenements, within the said townships, if it were upon descent, ten pounds, and if upon alienation, surrender, or any other alteration 41. for a fine and no more; and, thereupon, desired of his majesty to be relieved of sundry wrongs and injuries done to them by the inferior officers and ministers of the said manor, to the impeachment of their said several customs and rights; and stating, that the petitioners were by reference from his majesty called, before the court of Exchequer, when they persisted to

tnaintain their said several copyhold estates of inheri- tttc tance, and customs for such certainty of their said jj^X, fines, and besought the court therein, as also, for that, by reason there had been some difference of the latter times, in the forms of their surrenders and adinittan* ces, far differing from their former precedents, and also in the assessing of their fines, which might be prejudicial to their posterity if not reformed; and in respect of the ancient court-rolls and evidences for part of the said estates of inheritances, and the cer« tainty of the said fines was then lost, embezzled, and no where to be found, the court thereupon gave di* lection and order, that, seeing the court-rolls of the said manor were not to be found, that as well ancient as late copies and what other evidences or testimonies for approving the said estates of inheritance and the. certainty of theirsaid fines, by the said tenants could bs shewn or alledged, might be perused, viewed, searched^ and examined. And, for as much as by the due examination, perusal, view, and search of the said customs, copies, thereupon, and other testimonies by the said tenants shewn and allowed, and proved, upon consideration thereon it evidently appeared to the said court, that the said copyholders wrere copyholders of inheritance, and that the ancient customs for and concerning the payment of fines, were as the tenants bad alledged; therefore,upon the petition of the said petitioners who had voluntarily paid to his majesty 7891. 13s. 4d. and humbly desired that they and the rest of the said customary and copyhold tenants, for their better satisfaction, evidence, and declaration of their ancient rights and customs, might have soma record thereof, in the said court to remain to all poster rifcy, it was ordered, adjudged, aud decreed, by the court, that the said ancient rights and customs of the said townships, for the said estates of inheritance, and certainty of fines as afore said, were true; and, thafc, the said copyholders were and always bad been copy

holders of inheritance, and so from thenceforth Bbonn be, and, that the said petitioners and all others hia majesty's copyholders in the said townships should from thenceforth, severally have, hold, and enjoy to them and their heirs the said several messuages, lands or tenements, in the said several townships wit'iintbe said manor, as copyhold and customary tenants thereof accordingly; and for the same, for ever hereafter^ should pay to the king, his heirs, and successors; for admittance upon descent, &,c. as before expressed, and should, for ever thereafter, have, hold, and enjoy all other ancient customs, 8cc. theretofore used and accustomed within the said townships, to them and their heirs for ever; and that the forms of their copies, surrenders, and admittances should be according to such precedents thereof, as were most commonly used before the 20th year of Queen Elizabeth. Easter Term, 12 Jac. I. By order of the court of Exchequer of this date, after reciting, that in Easter Term, in the 8th year of his majesty's reign, upon the humble petition ofhis majesty's customary and copyhold tenants of his majesty's manor of Tynemouth, and upon a fine and voluntary composition made by them, for their better satisfaction, evidence, and declaration of their ancient rights and customs, it was, amongst other things, then ordered, adjudged, and decreed, that their copies, surrenders, and admittances should be according to such precedents thereof, as were most commonly used before the 20th year of the late Queen Elizabeth. And, for as much as the Earl of Northumberland his majesty's steward of the said manor of Tynemouth, bad 'certified under his hand, that the form of the copy annexed unto this order was the accustomed form of making the copies, within his majesty's said manor of Tynemouth, for such tenements as are admitted after death; it was ordered, that the said form hereal'terznentioned, should stand as a precedent for copies hereafter to be made, for such tenants within the said isos, Manors as should be admitted after death. Z'

Bounw
HMI

Manerium de Tynemouth ss. Cur. Baron. Serenissimi Prin* cipis Dni Jacobi, dei gra. Anglie, Francie, et Hibernie, Regis, FideiDefensor,&c. tent, ibidem, &c,ad hane Curiam pscntatij est per homagium quod E. G.Custumar tenens hujus mancrii unius Messuagii in Elstwicke, et centum ct quadraginta, acrarum terrre, sive plus sive minus cum ptinen in Elstwicke praed, tent: dc dno huju« manerii ut de manerio, obiit citra ultimam curiam, et quod T. G. est Alius ejus et proxirr.us heres, aetatis xxi ann: ctamplius, et nunc, in eadem cur. venit predict: T. G. et. pet. admitti mess : et terr: pned: cum, plin; cui dominus Rex per Sencscallum suum concessit ei inde seisinam, habend: sibi et hered: suis secundum consuetudin. husbandrie manerii praedicti faciend: et reddend: inde reddit: servic: et consuetud inde prius debit, et consuct. et • dat, dn6 dc fine, &c, fecit dno fidelilat, et admissus est.inda t«nefti, &c.'

In addition to these several old copies of admissions were produced, viz. ISth November, 17 Eliz. whereby one J. Danyson took of the lady the queen, one tenement of husbandry with the appurtenances in Backxcorth to hold to him for life according to the custom of husbandry there. Another in a similar form <2,r,d January, 38 Eliz. Also, 16th April, 43 Eliz., admittance of J. G. to hold to him, his heirs, and assigns, according to the custom of the manor there; and two other admittances of a similar purport; 22d April, 4 Charles I- Admittance of Ralph Grey, Habend. to him and his heirs, according to the custom of the manor, ad ■April, 2 Charles I. Admittance of R. O. to hold to him and his heirs' according to the custom of the husbandry of the said manor. 22d October, 14 Car. I. Admittance of Ralph Grey to hold to him and his |ieirs according to the custom of the husbandry of the s^id manor. But in oilier subsequent admittances tho following words are used: "At the will of the lord)

« ForrigeFortsett »