BS1761

Chancery Decree. In regard to Thomas Baker, Abraham Odell, Thomas Ringe, Ralph Wheeler, Thomas Butler, John Caynehoe, Thomas Doe, John Girton, George Hull, Richard Moreton, Robert Woodward (copyholders of Cranfield) versus James, Earl of Middlesex, Christopher Vernon, John Vaux. Customs of the Manor of Cranfield [details given]. Great seal (fragment).

30 Jul 1651

From: 1647 To: 1651

Details given: Recites that bill was entered in Michaelmas Term 1647, itself reciting customs of the manor (see below) which had been kept time out of mind until about 20 years previously, when James I granted the manor to Lionel, Earl of Middlesex, father of above, and that defendants had since infringed the customs. Four of the customs were referred for trial at the next Assizes, and the rest were proved by Mr Hakewill, Master in Chancery. Articles of agreement then drawn up between parties and customs were confirmed 25 June 1651. Customs of manor of Cranfield (alleged): (1) Alienation by surrender in Court, or surrender out of Court to one of the headboroughs. (2) Surrenders made out of court to be presented at next Court, unless a mortgage, when need not be presented unless unredeemed. (3) If copyholder dies siesed of estate of inheritance, his widow to be admitted at next Court paying 1d only, heriot due on her death. (4) On death of copyholder, heriot of cattle or goods due. (5) Heriot also due if copyholder surrenders whole estate, but not if he reserve any part. (6) Heriot to be appraised by 2 or 3 customary tenants. (7) Copyholders not punishable for waste in suffering houses to decay or digging up trees, except widows who would then forfeit their estate to their heirs. (8) Copyholders could use timber as they wished. (9) Entry fines not arbitrary, but ought to be one years rent. (10) Copyholders to make surrender in person. Should be 5 headboroughs to take surrenders, to be sworn in by the steward and to hold office for life. (11) When tenant dies leaving sons, the eldest to inherit; if no sons, the youngest daughter; if no children, the next of the blood, whether male or female. (12) Lord could distrain and enter for arrears of rent. (13) Widows could take 'boots' [?boles] growing on their copyholds for repair of houses and fences. (14) On alienation etc a separate fine to be paid for each parcel of land, but only one heriot. (15) Tenants could alienate, and divide their property by surrender, and if anyone were entitled to the remainder or reversion, he could alienate it to the lord. (16) Tenants could lease or demise property up to 3 years without licence of lord. (17) If a non-copyholder married the widow of a copyholder, and survived her, he paid a heriot. Customs of manor (as confirmed by Decree): (1) Copyholders to make surrender in person. Should be 5 headboroughs to take surrenders, to be sworn in by the steward and to hold office for life. [As in 10 above] (2) Alienation by surrender in Court, or surrender out of Court to one of the headboroughs. Surrenders made out of court to be presented at next Court, unless a mortgage, when need not be presented unless unredeemed. [As in 1 and 2 above] (3) Entry fines: For arable and other land in common fields which is held both in common and severalty - 4 shillings per acre. Land held always in severalty - 8 shillings per acre. Messuages and cottages with 2 acres and less attached - 2/3rds annual rent. Messuages and cottages with over 2 acres - to be assessed according to value of land only. (4) If copyholder dies siesed of estate of inheritance, his widow to be admitted at next Court paying 1d only, heriot due on her death. [As in 3 above] (5) Widows: If they remarry and die before the husband, he pays heriot. They may take botes [?boles], but not to lop trees or commit waste for other purposes. (6) Waste: Tenants to hold without impeachment, but wilful waste to be presented by the homage. (7) On death of copyholder heriot of cattle or goods due. Heriot to be appraised by 2 or 3 customary tenants. [As in 4 and 6 above] (8) Fines payable at next Court after admission, and are to be expressed in the copy of Court roll, which every tenant is to have. (9) When tenant dies leaving sons, the eldest to inherit; if no sons, the youngest daughter; if no children, the next of the blood, whether male or female. Lord could distrain and enter for arrears of rent. [As in 11 and 12 above] (10) Tenants could alienate, and divide their property by surrender, and if anyone were entitled to the remainder or reversion, he could alienate it to the lord. Tenants could lease or demise property up to 3 years without licence of lord. [As in 15 and 16 above] (11) Fines already assessed to be newly rated. (12) Tenants to pay rents and do suit and service, as other copyholders.

item

Baker, Thomas,
Odell, Abraham,
Ringe, Thomas,
Wheeler, Ralph,
Butler, Thomas,
Caynehoe, John,
Doe, Thomas,
Girton, John,
Hull, George,
Moreton, Richard,
Woodward, Robert,
Earl of Middlesex,
Cranfield, James (2nd Earl of Middlesex),
Vernon, Christopher,
Vaux, John,
Cranfield, Lionel (1st Earl of Middlesex),
Hakewill

Chancery, Cranfield Manor, government seals & coats of arms, central, Master in Chancery, headborough, copyhold, heriot, BEDFORD, CRANFIELD