English Economic History: Select Documents

by Unknown

The said defendant saith, that the said bill of complaint is uncertain and untrue in itself, and insufficient in the law to be answered unto, and that the matters therein contained be untruly surmised by the said complainants to the only intent to put the said defendant to vexation, trouble and cost, and is grounded of malice, they the said complainants having no colour of right, title, nor interest unto the said land mentioned in the said bill of complaint; and he, the said defendant, to the matters contained in the same bill, doth think that he by the order of the right honorable court shall not be compelled any further to answer, but be dismissed out of the same for the insufficiency thereof, with his reasonable costs and charges by him sustained in that behalf; Yet nevertheless, if he, the said defendant, shall be compelled any further to answer to the same bill, then he, the same defendant, for further answer saith that the said land, lying in Brawyck Reading mentioned in the said bill of complaint, is and have been time out of mind parcel of the demesnes of the said moiety of the said manor of Cromwell, in Wymondham; and he, the said defendant, for further answer saith, that one Sir Edmund Knyvett, father to the said defendant, and all his ancestors of long time before him, have been seised of one estate of inheritance of the moiety of the said manor, and one-half of the said manor of Cromwell, and that the said Sir Edmund, and all his ancestors, of long time have been seised of the premises with the appurtenances as parcel of the said manor, in their demesne as of fee, and had the possession thereof, and so seised, died thereof by protestation seised; after whose death the premises descended and came and of right ought to descend and come unto the said defendant, as to the son and next heir of the said Sir Edmund, by force whereof he, the same defendant, entered into the premises, and was and is thereof seised in his demesne as of fee, and the same complainants, claiming the premises by force of a surrender made unto them, the said complainants, by one Edmund Mychell in the time of one [blank] being guardian of the said Sir Edmund, and having the custody of the body and lands of the said Sir Edmund during his minority, where nothing in right nor law can pass by the same surrender, but the same is utterly void to bind the said defendant, did enter; upon whom the said defendant did re-enter, as it was lawful for him to do, without that the said Edmund Mychell was lawfully seised in his demesne as of fee, of the lands mentioned in the said bill by copy of court roll at will of the lord according to the custom of the said manor, as in the said bill is untruly alleged, or that the said Edmund Mychell had any lawful interest in the same, or could lawfully make any good or effectual surrender of the same to the said complainants, or that the premises have been used to be demitted or be demittable by copy of court roll for term of life or lives, or in fee, to be holden at the will of the lord by copy of court roll, according to the custom of the said manor time out of mind, as in the said bill of complaint is also untruly alleged, for he, the said defendant, saith that by divers ancient precedents and court rolls ready to be shewed to your honourable court it may appear that the same hath been letten for term of years by the lords of the said manor after the time being unto them, by whom the said complainants claim; or that the same Edmund Mychell for a sum of money to him paid by Richard Cullyer, their father, did surrender the premises, as in the same bill is also untruly alleged, for he, the said defendant, saith, that he the same Edmund had no right nor lawful interest to surrender the same; and if any such surrender were, yet the said defendant saith that the same is verily void in law; or that the said complainants paid any fine for the premises, or were admitted tenants to hold at the will of the lord, as in the same bill is also untruly alleged. And if any such were, yet the same being paid unto his father's said guardian, and their admission by the said guardian, the premises being of the demesnes of the said manor, ought not in no wise to bind him; and without that any other thing mentioned in the said bill of complaint here in this answer not sufficiently confessed, and avoided, traversed, or denied, is true or material to be answered unto, all which matters the said defendant is ready to aver and prove, as this right honorable court shall award. Whereupon the said defendant prayeth to be dismissed out of this right honorable court with his reasonable costs and charges by him sustained in that behalf.

Replication

The replication of Richard Cullyer and John Cullyer, to the answer of Thomas Knyvett esquire.

The said complainants by protestation that the said answer is insufficient in the law for further replication say that the said bill of complaint is certain and sufficient in the law to be answered unto, and for further replication say that the said twenty acres mentioned in the said bill is ancient copyhold land, and have been used to be demised by copy of court roll, according to the custom of the said manor of Cromwell time out of remembrance of man, as is alleged in the said bill, and say also that the said twenty acres lieth now enclosed and have lien enclosed by the space of sixty years or thereabout with other lands and tenements holden by copy of court roll of the manor of Gresshawgh in Wymondham aforesaid, which said twenty acres about the first or second year of the reign of King Henry the Seventh, before that time with other of the said lands then also enclosed did lie open as fields, and in the time of the reign of King Edward the Fourth the said twenty acres were holden, used, and occupied by copy of court roll, according to the custom of the said manor, to one Edmund Cullyer and his heirs, by the name of the third part of one enclose called Reading, being bond or customary land in Wymondham aforesaid, to hold the same to the said Edmund and his heirs by copy of court roll, at will of the lord of the said manor according to the custom of the said manor; upon which grant the said Edmund paid a fine to the lord of the said manor and was admitted tenant thereof, by force whereof the said Edmund Cullyer was seised of the said twenty acres in his demesne as of fee by copy of court roll at will of the lord of the said manor, according to the custom of the said manor, and the said Edmund so being seised of the said twenty acres, the same did surrender according to the custom of the said manor to one Thomas Plomer and his heirs, by virtue whereof the said Thomas Plomer was admitted tenant of the said twenty acres, according to the custom of the said manor, and was seised of the said twenty acres in his demesne as of fee according to the custom of the said manor, and paid the accustomable fine thereof for the same to the lord of the said manor, and did the other services and paid the rents thereof according to the custom of the said manor; and the said Thomas Plomer so being seised of the said twenty acres the same did surrender according to the custom of the said manor to the said Edmund Mychell named in the said bill, by virtue whereof the said Edmund Mychell was lawfully admitted tenant to the premises, according to the custom of the said manor, and was seised thereof in his demesne as of fee according to the said custom, and paid the accustomable fine for the same to the lord of the said manor, and did the services and paid also the rents thereof accordingly, and the said Edmund Mychell so being seised of the premises according to the custom of the said manor, the same according to the said custom did surrender to the said complainants, as is alleged in the said bill; by virtue whereof the said complainants were admitted tenants of the premises and paid the fine thereof, and have done all services, and paid the rents and customs pertaining thereto, according to the custom of the said manor of Cromwell, and hath bestowed great costs upon the same, whereby the said twenty acres be much better than they were at such time as the said complainants were admitted tenants thereto, as in the said bill it is further alleged. And the said complainants do further reply and say in all and everything as they before in their said bill have said, without that,[255] that the said land lying in Brawicke Reading mentioned in the said bill is and have been time out of mind of man parcel of demesnes of the moiety of the said manor of Cromwell, or that the said Sir Edmund had the possession of the said twenty acres, or were seised thereof, otherwise than by the payment of the rents of the same by the said complainants and others, that did hold the same by copy of the said Sir Edmund; and without that the said Sir Edmund died seised thereof, or that the same did descend to the said defendant as demesnes of the said manor discharged of the said tenure, by copy of court roll according to the custom of the said manor; for the said complainants say that the said Sir Edmund during all his life did permit and suffer the said complainants to enjoy the premises according to the custom of the said manor, without let or gainsaying, which the said Sir Edmund would not have done if the said complainants had not had a just right and title to have had the same; without that, that the said complainants did claim the premises only by a surrender made to the said Mychell by the guardian of the said Sir Edmund during his minority, or that the surrender made by the said Mychell during the minority of the said Sir Edmund is void by the law or that the law is that nothing can pass by a surrender made during the said minority, or that a surrender made then is void, or that the premises have been letten for years as is alleged in the said bill; and the said complainants for replication do reply and say in all and every thing, matter, and sentence as they before in their said bill have said; without that, that any other things in this replication not sufficiently replied unto, denied, traversed, or confessed and avoided is true, all which matters the said complainants are ready to verify as this honorable court will award, and pray as they before have prayed.

[255] i.e. Not admitting.

4. Petition in Chancery for Protection Against Breach Of Manorial Customs [R.O. Chancery Proceedings; Series II, Bundle 196, No. 25], 1568.

To the right honorable Sir Nicholas Bacon, knight, Lord Keeper of the Great Seal of England.

In most humble wise sheweth and complaineth to your good Lordship your daily orators John Wyat, John Blake, John Whittington, Thomas Knight, Thomas Ellis, Thomas Moris, Richard Cooke, Symon Lucas, and Richard Blake, with divers other poor men to the number of forty, customary tenants of the manor of Slindon in the County of Sussex.[period? or comma?] That where they and their ancestors and those whose estate they have in the said customary tenements, parcel of the said manor (time out of memory of man) have been seised to them and to their heirs for ever according to the custom of the said manor, all and every which customs of late one Anthony Kempe esquire, lord of the said manor, hath diversely, contrary to conscience and equity, devised and imagined by divers indirect means to break, annihilate, and infringe, and your said orators hath diversely vexed and troubled by the order of the common laws and menaceth to expel your said orators out of their several tenements unless they will pay other customs and services than they of right ought to do by the customs of the said manor. For where by the custom of the said manor your Lordship's said orators and those whose estate they or any of them have in the premises, have been lawfully and quietly seised of the said tenements customary in their demesne as of fee according to the custom of the said manor for the several services thereupon due and accustomed, clearly discharged of all day works, licences of marriage or fines for the same, and having always free liberty to let all and singular the premises aforesaid without any licence beforehand to be obtained of the lords of the said manor for the time being, neither have further at any time done any manner of services whatsoever out of the said manor: And also where after the death of every of the said customary tenants, having a whole yardland, there hath been due for heriot only the best beast, and if such have no beast, then 10s. in money only; and after the death of every tenant holding half a yardland 6s. 8d. for relief only, and after the death of every cottager 6d. only, and at every alienation of a yardland 10s. in money, and at every alienation of a half yardland 6s. 8d. in money, and at the alienation of every cottage 6d., and at the death and alienation of every tenant one whole year's rent only for and in the name of a fine, over and besides the only heriot or relief aforesaid, and suit of court and other services in this bill specified: And where by the further custom of the said manor the lords of the said manor for the time being by the custom of the said manor should make no seizure or forfeiture for waste done in their cottages customary, unless the same be severally presented at the several Courts to be holden one half year after another, and the same yet then not reformed within one month after; And where the cutting down of any the woods standing and growing upon their several tenements customary for house-bote, fire-bote, plough-bote, cart-bote, gate-bote and hedge-bote, and such like hath not heretofore been taken for waste but always as lawful to do by the custom of the said manor; And where also by the further custom of the said manor, where any forfeiture is committed, perpetrated or done for any offence whatsoever whereby there is given cause of seizure and forfeiture to the lord of the manor for the time being, yet by the custom of the same manor, the said forfeiture notwithstanding, they to whom the same so forfeited should descend, remain, come, or grow after the death of such tenant so offending, should and may lawfully claim all and singular such tenements so forfeited or seized after the death of such offender, as though no such forfeiture had been made; And where by the custom of the said manor all and every the tenants of the said manor should and ought to have from time to time in the woods of the lord of the said manor sufficient timber for reparations of their said tenements customary at the assignment of the lord or his officers, and if the lord the same refuse to do upon reasonable request being thereof made to the said lord or his steward of his court for the time being, if then their said tenements decay, or fall down in default of reparations, there shall nor ought any forfeiture or seizure to be made for any such waste; And where the widows of the tenants customary of the said manor should and ought by the custom of the said manor have their widow's estate for one penny only; And where by their further custom the eldest son, brother or next cousin, male or female, should inherit and have the said customaries and after the decease of their ancestors only; And where by the custom of the said manor it is lawful for the said tenants as aforesaid to assign and demise the several tenements for years to any person or persons at their will and pleasure, yet nevertheless by the custom of the said manor it hath been lawful for the lord of the said manor misliking the said undertenant upon one year's warning to expel and put out such tenant, after which it shall be lawful for the said tenants that so did demise or let their tenements to re-enter and the same to enjoy as before, and after to let the same as before to any person or persons in manner and form aforesaid, until such person shall be by the lord misliked and expulsed as aforesaid; And where by the further custom of the said manor the said tenants and every of them and their heirs and assigns should and ought to have the masting of their own hogs in the time of mast in the north woods of the said manor of Slindon, and likewise the pasturing of their cattle and sheep in the said woods and in all other the lord's commons of the said manor, paying for the ovissing[256] and masting of every hog 2d. only; And whereas by the further custom of the said manor the tenants aforesaid have and may at their will and pleasure surrender into the hands of two tenants of the said manor out of the court, or into the hands of the lord or his steward in the court, to the use of any person or person of such estate as they shall declare and limit upon the said surrender, yet nevertheless by the custom of the said manor it is not lawful for any tenant of the said manor to convey, surrender or alienate any one part, parcel or piece of their tenement customary, unless he give and surrender the whole to the use of one only person in possession; And where the youngest tenant of any customary tenement for the time being ought to be crier in the lord's court by the custom of the said manor: All which customs are not only to be proved to be the old and ancient customs of the said manor, but also now of late the said Anthony Kempe hath by his deed indented declared the same to be true in manner and form as it is before alleged; And where by the said Indenture the said Anthony Kempe hath further, for and in consideration of a further and a new rent of eight pounds to him granted, and for and in consideration of twenty pounds to him paid, and for and in consideration to make a perpetual and final end of all controversies heretofore moved and after to be moved, doth further covenant and grant in the said indenture that it shall be lawful for the customary tenants and copyholders of the said manor to enclose, and sever, and severally to hold to them and to their heirs and assigns forever six score acres of land, parcel of the wastes of the lords of the said manor, wherein they now have common, in such place convenient to be limited before the feast of Easter next coming, by consent of two persons to be named by the said Anthony Kempe and two other persons by the said tenants; All the which premises notwithstanding, the said Anthony Kempe doth against all conscience utterly deny unto your Lordship's said orators their said customs and the aforesaid further agreement according to the said indenture, and doth daily vex your said orators quietly to have and enjoy their said customary tenants [sic] with their appurtenances according to the customs aforesaid. May it therefore please your good lordship the premises favourably tendering to grant the Queen's Majesty's writ of subpœna to be directed to the said Anthony Kempe commanding him thereby personally to appear in this honourable Court at a day certain in the said writ of subpœna mentioned, then and there upon his corporal oath to answer to the premises and to abide such order therein as to your Lordship shall upon the truth of the matter appearing seem according to equity; and your said poor orators shall daily pray to God for the continual preservation of your honor.

Edward Fenner.

[256] i.e. Pasturing.