pas

ing to the said Newcastle measure. The decree directs
the Winchester measure to be the proper measure. There
was produced in evidence also an act of parliament
sed in 7th James I. whereby it was enacted, that all the
messuages, cottages, mills, lands, tenements, and he-
reditaments, 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 copy-
hold lands, tenements, and hereditaments, according
to the true intent and meaning of the said decrees
respectively; and, that all and every person and per-
sons, 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, pro-
fits and commodities, in such manner and form as in
and by the said decrees should be limited and appoint-
ed, and, that such decrees should stand and be of force,
and conclude the king his heirs and 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 every thing therein con-
tained should for ever stand, be, and remain, and be
adjudged and taken to stand and be of such and the
same force and effect to all intents and purposes, as if
the same decrees were in the said act expressed and
enacted.

Easter Term, 8 Jac. I.2d April. By a decree in the court of Exchequer, stating that Robert Anderson, Peter Riddell, and others, his majesty's customary

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RAWLINS,

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BOURN

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RAWLINS

tenants, and copyhold tenants within the said town ships of Monkseaton, 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 resi due 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, and 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 mor by copy of courtroll, as before, any messuages, lands, or tenements, within the said several townships of Monkseaton Pres-' ton, Backworth, East Chirton, Whitley, Murton, and Earsdon, 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

maintain their said several copyhold estates of inheritance, and customs for such certainty of their said 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 admittan 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 dia rection 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 their said fines, by the said tenants could be 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 were copyholders of inheritance, and that the ancient customs for and concerning the payment of fines, were as the tenants had 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 copy hold tenants, for their better satisfaction, evidence, and declaration of their ancient rights and customs, might have some record thereof, in the said court to remain to all poste rity; it was ordered, adjudged, and 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 aforesaid, were true; and, that, the said copyholders were and always had been copy

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RAMLING

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versus

RAWLINS.

holders of inheritance, and so from thenceforth should
be, and, that the said petitioners and all others his
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 within the
said manor, as copyhold and customary tenants there-
of 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, &c. theretofore used and ac-
customed within the said townships, to them and their
heirs for ever; and that the forms of their copies, sur-
renders, and admittances should be according to such
precedents thereof, as were most commonly used be-
fore 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 Sta
year of his majesty's reign, upon the humble petition
of his 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, had
' 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 hereafter-
mentioned, should stand as a precedent for copies

hereafter to be made, for such tenants within the said manors as should be admitted after death.

Manerium de Tynemouth ss. Cur. Baron. Serenissimi Prin cipis Dui Jacobi, dei gra. Anglie, Francie, et Hibernie, Regis, Fidei Defensor,&c. tent. ibidem, &c, ad hanc Curiam psentati est per homagium quod E. G. Custumar tenens hujus manerii unius Messuagii in Elstwicke, et centum et quadraginta acrarum terræ, sive plus sive minus cum ptinen in Elstwicke præd, tent de dno hujus manerii ut de manerio, obiit citra ultimam curiam, et quod T. G. est filius ejus et proximus heres, ætatis xxi ann: et amplius, et nunc, in eadem cur. venit prædict: T. G. et. pet. admitti mess; et terr: præd: cum ptin; cui dominus Rex per Senescallum suum concessit ei inde seisinam, habend: sibi et hered: suis secundum consuetudin, husbandrie manerii prædicti faciend: et reddend: inde reddit: servic: et consuetud inde prius debit, et consuet. et dat, dno de fine, &c, fecit dno fidelitat, et admissus est inde tenens, &c.

In addition to these several old copies of admissions were produced, viz. 13th November, 17 Eliz. whereby one J. Danyson took of the lady the queen, one tenement of husbandry with the appurtenances in Backworth to hold to him for life according to the custom of husbandry there. Another in a similar form 23d 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, 3d 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. 2d October, 14 Cur. I. Admittance of Ralph Grey to hold to him and his heirs according to the custom of the husbandry of the said manor. But in other subsequent admittances the following words are used: "At the will of the lord

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versus