| Abstract | Title: Custumal of the Lordships of West Mersea, Fingringhoe and Pete Hall 1460, 1497 [Produced from a copy dated c1750]
Abstract: Custumal of the Lordships of West Mersea, Fingringhoe and Pete Hall 1460, 1497 [Produced from a copy dated
c1750] transcribed from Essex Records Office document reference:D/Q 1/12
Transcription, abstract etc by Trevor Hearn March 2023
Abstract: The original copy of the customary dating from 1460 having been lost, this is a copy made circa 1750 based on the attestations of certain educated Mersea men as to the customs in force for the manors of West Mersea, Fingringhoe and Peet Hall as recollected by them all. The transcript is reasonably easy to follow and the main headings of each section are as follows:
The Usage and Custom of the Lordships of West Mersea, Fingringhoe and Peet Hall
1. Bargains and Sales must be presented in the Court
2. Heriots due to the Lord
3. Dowries for Women in their Widowhood
4. Tenements must be repaired on pain of Forfeiture
5. Tenants may not waste resources but must keep properties in good Repair on pain of forfeiture
6. How Fines and Amercements should be Forfeited and Void
7. Tenants permitted to stray upon the Lords demesne ground
8. How they shall stray their plough teams
9. Tenants may fell and sell their Timber
10. The Lord shall have only one Heriot for multiple Tenements
11. Heriots due to the Lord at the Death of the Tenant or Owner
12. Where a Man & his Wife are jointly seized of Copyhold Lands, the Lord is to have his heriot only at the death of the man
13. No Heriots due for Term of Life to the Lord
14. Although Lands may be in feoffment, the Heriot is due to the Lord at the Tenant's Death
15. A Homage may make no surrender without Examination of the Lords Steward
16. A Woman shall have no Dowries but as is aforesaid
17. The man shall have all such lands as his Wife was seized of
18. If the Tennant make a surrender and a Will, if they vary then the surrender is to Take Effect
19. The Eldest Daughter only shall be Heir
20. One Tennant may not sue another outside of Pete-hall Court
21. Those that have only particular Estates shall pay no Heriot to the Lord
22. The Homage may set pains and amercements at every general Court
23. Entailed Land for certain and divers considerations to be discussed and judged by the steward and the Homage of this Court or not at all
24. Suit-fines must be admitted by the Steward
25. No Tenant may let his Lands to a Dweller out of the town on pain of forfeiture
26. If any Tenant is against these Customs then he or they will forfeit their Copyhold Lands
27. The Lord must share the advantage of admiralties of the sea
28. A Tenant may be assigned at two Courts and pay nothing
29. The Lord or his farmer must keep a Common Bull and a Boar
30. No Tenants may sell part of his Tenements without License to be asked on pain of forfeiture
31. Tenants may sell part of their Tenements
32. All Tenants that are moved since the date of this Customary came into effect, the greatest part shall pay the Herriot
33. Every Tenant that was moved before the Date of this Customary shall pay a Herriot at the Tenants Death
34. The Tenants may not let any of their Land that contravenes the Custom
Tithes due to the Vicar and Parson
Under this section is a list of all the tithes due to the Vicar or Parson as recalled from memory by a number of parishioners following a dispute in 1544, when a Vicar vowed to "violate and destroy" the customs previously laid down in 1460 for alleged breaches of the customs by certain parishioners. The Court found in favour of the parishioners and the customs were re-established in this document.
Transcription of the document:
Page 1
1 [In the margin: West Mersey] The Usuage Cutome and Customary of the Lordships of
2 West-mersey Fingringhoe and Pete-Hall in the County of
3 Essex used Time out of Mind of Man for the Customary
4 Tennants of the said Lordships being Triparted Indented
5 Renewed Made and Continued Openly in the Court,as
6 Well by Mr Richard Wylles Warden of the Colledge
7 of Higham Farrys in the County of Northampton Lord
8 of the same Mannors Lordshipps in the Right and
9 Title of the said Colledge as by the Assent & agreem[en]t
10 of all the Whole Tennants of the said Lordshipps
11 that is to say at the Court Holden at Pete-hall, the
12 Tuesday next after Whitsunday in the 12th year of
13 King Henry th[e] seaventh by the Advice & Councell of
14 Thomas Bonham Esq then being Bayliffe of the said Lordshipps
16 1520
17 [In the margin: Bargaines and sales must be presented in the Court] First that every Tennant may make a Bargaine [Sale ?]
18 Alienac[i]on Lease for Terme of Years or Surrenders of his
19 Lands or Tennem[en]ts Customary as well out of the Court
20 as in the Court & allsoe make Feoffies in his said Lands
21 to be named with him in his Coppies or that is to be
22 made or done in presence of the steward of the Court
23 or in the presence of the Bayliffe or his Deputy and
24 Two Other Tennants to Witness the same, or else to be
25 void, & the same Bargaine Sale Alienation Lease or
26 Term of Years or surrenders to be preserved in the next
27 Court - Or at the second next Court-day by the homage,
28 so that the Lord may know his Tennants and have his
29 Fines Fealties & suite of Court, paine of forfeiting of
30 the same Lands or Tennem[en]ts to the Lord
31 [In the margin: 2 Harriots due to the Lord] Alsoe after the Death of Every Tennant seized of any
32 Land Customary in his own Right in fee or in feetaile
33 the Lord shall have his best Beast in the name of a
34 Harriot whatsoever it be Horse Oxe Cow sheep swine Pigg
35 Goose Cock or Hen and if the Tennants have not a Beast
36 Then the Lord to have no Harriot
Page 2
1 [In the margin: 3 Dowries for Women in their Widdowhood] Allsoe if any Tennant die sole seized of any Coppy-
2 hold Lands in fee simple or fee-taile without any
3 surrender makeing thereof that then his Wife to have
4 all his Lands that he soe died sole seized off, Dureing
5 her Widowhood for her free bench
6 [In the margin: 4 Tennem[en]ts must be repaired on pain of forfeiture] Allsoe every Tennant is bound to Repair his or their
7 Tennem[en]ts Cottages and Buildings now at this present time
8 Builded without any Wast doeing, on pain of forfeiting
9 of the same Lands and Tennem[en]ts so being in decay.
10 Except such Houses that may Lawfully fall Down and
11 be in decay by the Discretion of the Steward, Bayliffe
12 and homage in the Court to be presented for a License
13 for the same.
14 [In the margin:] 5 Tennants may do no wast but must keep them in Repairation on paine of forfeiture] Allsoe that no Tennant for Term of Life nor term of
15 years, Doe any Extripment nor wast in their Coppyhold
16 Houses nor Wood without License but be bound to Repair
17 their Tennem[en]ts and Cottages on paine of forfeiture of
18 his possession title and interest to him in Reversion
19 Revester or Remainder
20 [In the margin: 6 How fines and Amercements should be forfeited and void] Allsoe that all Fines & Amercements of the Court
21 & leet be assessed by the Lords Steward & by his deputie
22 & two or three Tennants of Every Lordshipp after the
23 Old usuage & Custom that is to say after the last Court
24 of the year and to be assessed after the old presidents
25 and so to be paid
26 [In the margin: 7 Tennants shall stray or common upon the Lords demeane Ground] Allsoe that every Tennant or his Farmer dwelling
27 within any of the said Lordshipps may or shall stray
28 upon the Lords Demeane-Ground with as much of
29 his own Cattle as his Land may sustain & keep
30 Winter & Summer except plowed Lands, from St. Giles [NOTE 1]
31 day unto [Christ]mass Day paying for a horse or a Cow
32 1d & for a Bullock 0b and from [Christ]mass to
33 Candlemass to pasture their sheep upon the said Lords
34 demeane and to pay nothing therefore
NOTE 1: St Giles Day = 1st September
Page 3
1 [In the margin: 8 How they shall stray their plow Teames] Allsoe if any Tennant stray his plow Team, or any
2 draught Beast, then he shall come to the Lords Barns
3 or Manner place & care a Journey of Land in Wheate
4 season & another Journey of Land in Oat season and
5 he to have his Meat and drinck of the Lord or of
6 his Farmer
7 [In the margin: 9 Tennants may fell and sell their Timber] Allsoe that every Tennant may fell and sell his Timber
8 upon his Coppyhold keeping Repairations of his Houses
9 without any License to be asked of the Lord or his Officers
10 except Tennants for Term of Life, Tennants at Will
11 and Tennants for Term of Years.
12 [In the margin: 10 The Lord shall have but one Harriot for divers Tennements] Allsoe if a Tennant have divers Tennements Harriotable
13 and Dye the Lord shall have but one Harriot for them
14 all, but the Lord shall have Fines for Every of Them
15 of him That shall have them
16 [In the margin: 11 Harriots due to the Lord at the Death of Tennant or Owner] Allsoe if There be two or three joynt Tennants of Coppyhold
17 Lands & every of them seized in their own Right the
18 Lord shall have after the Death of Every of them a
19 Harriot but no Fines till after the Death of the last
20 Liver or Survivor of them.
21 [In the margin: 12 The Man & his Wife jointly seized of Coppyhold Lands the Lord to have his harriot but at the death of th[e] man] Allsoe if the Baron and the Female be jointly seized of
22 Coppy-hold Lands if the Female dye the Lord shall have no
23 Harriot, by her death, But if the Baron dye, the Lord then
24 to have his Harriot Maintained after his Death
25 [In the margin: 13 No Harriots due for Terme to the Lord] Allsoe the Lord shall have no Harriot after the Death
26 of any Tennant haveing state or Issue in his Lands, but
27 for Term of Life, but allways after the Death of
28 Tennants seized in fee or in feetail as is aforesaid
29 [In the margin: 14 Though Lands be in feoffment the Harriot is Due to the Lord at the Tennants Death] Allsoe if a Man seized with Other unto his use and Dye
30 then the Lord shall have his Harriot after the Death
31 of the Very Tennant being Very Owner of the Lands
32 unto whose use the Other be seized off.
Page 4
1 [In the margin: 15 A Homage may make no surrender without Examination of the Lords Steward] Allsoe a Woman being Court Baron shall make no
2 \will/ or Surrender nor Gift of her Lands but
3 she shall be sole Examined by the Lords Steward
4 of the Courts or under Steward
5 [In the margin: 16 A Woman shall have no Dowerys but as is aforesaid] Allsoe a Woman shall have noe Dower of Noe Lands
6 Nor Tennements that were her Husbands during the
7 Coverture but her free=bank as is aforesaid that is to
8 say as long as shee keepeth herself unmarried
9 [In the margin: 17 The man shall have all such lands as his Wife was seized of] Allsoe a Man shall have all such Lands and
10 Tennemants as his Wife was seized of in fee-simple or in
11 fee-tail During the Espousalls had between them, Wether
12 that he have any Child by her or Noe, for Term of
13 his life without Wast or Extripment Doeing therein
14 keeping the Rapairations of the Houses.
15 [In the margin: 18 If the Tennant make a surrender & a Will if they Varie the surrender to Take Effect] Allsoe if any Man or Woman Dye sole seized or Otherwise
16 without any surrender making Lawfully That then his Eldest
17 Son or Eldest Daughter shall be his or her heir, but if the
18 Lands be in feoffment or so that any Person be inFeoffed
19 with them in the Lands, and if he maketh a Will of the
20 same Lands and no surrender That then the Lands to pass
21 according to his Will, and though the said Lands be in
22 Feoffment if he make a surrender, and Will allsoe if his
23 Lands Articlo Mortis and the will & surrender Doe
24 Varie, or the one Contrary and Varie To the Other
25 then the surrender to take Effect before the Will
26 [In the margin: 19 The Eldest Daughter only shall be Heire] Allsoe that No Inheritance be shifted between females
27 but the Eldest Daughter or Kinswoman only to be Heire
28 of the Coppy-hold lands within These Lordshipps, and
29 all such heires, and all other unto whome any such
30 Lands shall descend, Remain revert Come to or be given
31 shall by the Lords Lycense Enter into all their Coppy-
32 hold Lands and Tennements at the age of 15 years
33 and take the benefitts thereof to their own use and behoofe.
34 But none of them shall Deport Sell or make surrender
Page 5
1 [In the margin: The Lord to have the Moiety of the Lands of the Infant dureing his Minority] nor Gift nor make Will of the said Lands till they be of
2 the full age of One and Twenty years. And before the Age
3 of fifteen Years the Lord to Commit The Rule & Custodie
4 thereof in soe Age Tenor. And the Lord to have the
5 Moiety of the said Lands : Till the Heire Come to her
6 said Age of fifteen Years & the Gardian of the Child the
7 Other Moiety for keeping of the Child Without wast or
8 Extripment Doeing of the same
9 [In the margin: 20 One Tennant may not sue another out of Pete-hall Court] Allsoe that One Tennant may not sue another Tennant out
10 of Pete-hall Court for Debt Trespasse Difference or any
11 Other Action Determinable in the said Court under the
12 demands of 40s but to have their Recovery There and if any
13 Defendant be Lawfully Warned and Distrained in any
14 Action at the suit of the Plaintiff and make default at
15 two Severall Court Days then he to be Condemned at the
16 Third Court day by Default, and Judgment thereof to be
17 given, and Execution thereof to be awarded at the same
18 third Court except some Reasonable Cause shall require
19 the Contrary to be Judged by the Discretion of the Steward
20 then for the time being
21 [In the margin: 21 They that have but particular Estates shall pay no Harriot to the Lord] Item Provided that such Tennants as have but
22 perticular Estates as for Term of Life, Term of Years, and at
23 Will, or Tennant by the Courtesie of England, or Women
24 haveing Estate for Term of Life with their Husbands, or
25 Widdows for free-bench shall pay no Har[r]iot to the Lord after
26 Their Death
27 [In the margin: 22 The Homage may set paines and amercements at every generall Court] Allsoe the Homage may present and set Amercements
28 and paines at every Leet, or at every general Court holden
29 at pete-hall for all Manner of Trespasses Offences or Common
30 Anoyances done within any of the said Lordshipps to prejudice
31 Anoyance and hurt of the Lord and his Tennants of the said
32 Lordshipps by their said Custom and Customary used time
33 out of mind of Man
34 [In the margin: 23 Intailed Land for
35 Certain and divers Considerations to be Discussed and Judged by the
36 steward and the Homage of this Court or Els not.
Page 6
1 [In the margin: 24 Suit-fines must be admitted by the Steward] Allsoe that No Tennant be Admitted to his suit fine but
2 by the Steward in the Court and for Certain reasonable
3 Considerations or Els not
4 [In the margin: 25 No Tennant may Lett his Lands to a Dweller out of the town paine of forfieting] Allsoe That no Tennant Lett his Lands unto a
5 Dweller out of the Town where the Lands Lyeth to
6 farm if any Dweller within the Town will have that,
7 and give as much as a Stranger doth give, and will-give
8 and put him in as good sureties for payment of the
9 same, paine of forfieting of the same to the Lord if
10 it be presented in the Court.
11 [In the margin: 26 If any Tennant be against these Customes then he or they forfeit their Coppyholds] Allsoe if any Tennant be against any of these
12 previlledges Liberties Usuages Custom or Customaries of
13 these Lordshipps That then he or they to forfeit Their
14 Coppyholds to the Lord if it be presented in the Court
15 by the Homage
16 [In the margin: 27 The Lord must share the advantage of admiralties of the sea] Item that the Lord shall have all manner of
17 advantages of the admiralties of the sea within his
18 Towns of West mersey Fingringhoe and Pete-hall and
19 the finder of any Wrack of the sea to have the one
20 half thereof or Like Advantage after the use of the
21 Admiraltie Court
22 [In the margin: 28 A Tennant may be assigned at two Courts and pay nothing] Allsoe that no Tennant may Assigne another at
23 every Court that is to say one Tennant may at two Courts
24 together without any money paying to the Lord or
25 steward but if the Tennant so assigned at two Courts
26 one next after the Other, and after make Default
27 at the Third Court then next to be kept then he to
28 be Amerssed by the Court for his Default at ix d or
29 nine pence
30 [In the margin: 29 The Lord or his farmer must keep a Common Bull and Boar] Allsoe that the Lord or his farmer at every of
31 these Towns of West mersey and Fingringhoe doe
32 yearly keep a Common Bull and a Boar for the
33 easement of the Tennants
Page 7
1 [In the margin: 30 No Tennants may sell part of his Tennements wth.out License to be asked paine of forfieture] Allsoe that no Tennant doe sell any, or Otherwise sever
2 his Tennement that is to say any part of the Land that is
3 parsell and belonging or Lay'd unto any Tennement, house
yyyyy or Cottage Customary being at this time belonging to or is
5 lay'd unto any House as aforesaid without License of the
6 Court to be asked before, paine of forfeiting the same if it
7 be presented by the Homage
8 [In the margin:] 31 Tennants may sell part of their Tennaments] Allsoe it shall be lawfull unto every Tennant
9 Alien and sell part of his Tennaments by License of
10 the Court
11 [In the margin:] 32 All Tennants that be shifted since the date of this Customary th[e] greatest part shall pay the Harriot] Allsoe if any Tennant be hereafter shifted and severed,
12 that the greater part and Moiety Thereof to be Chargeable
13 unto the Lord for the Harriot after the Tennants Death
14 And The other part and Moiety to be Contributary
15 unto the first Aforesaid Moiety for the said Harriot and not
16 be Chargeable of Harriot unto the Lord for the same
17 Moiety
18 [In the margin:] 33 Every Tennant that was shifted before the Date of this Customary shall pay a Harriot at the Tennants Death] Allsoe Every Tennant that have shifted and severed
19 before the date hereof each Tennant part thereof to be
20 Chargeable unto the Lord for any Harriot after the
21 Tennants Death soe that no part thereof be Contributary
22 to the other part.
23 [In the margin: 34 The Tennants may not lett their Land that troubleth the Custome] Allsoe Every Dweller being no Tennant that
24 will not doe and be Ordered after this Customary that
25 then no Coppyhold Tennant to Lett him any Land to
26 farm within any of these said Towns
27 forfieting of the same if it be presented
28 finis
Page 8
First column:
1 The true Custom
2 of West Mersey
3 A true Custome of all Parsonage
4 and Vickerage Tithes and Rights of
5 the Parish of West Mersey from the
6 Reign of King Edward the fourth
7 in the Year of our Lord God
8 1460 as followeth
9 A Rowle made of the
10 true payments of All Tithes Due
11 and payable within the Compass
12 of the Stroode in the Parish
13 West-Mersey for Parsonage and
14 Vicarage Tithes and Rights by Custom
15 there Used and allways allowed
16 from time to time without Mind
17 of Man, and by reason Divers of
18 our Lands lieth without the said strood
19 and Mixed within the Usuage &
20 bounds of Other parrishes there
21 unto adjoining and therefore those
22 Lands Compellable to the Custom
23 of the place as they lye, as it
24 Appeareth most plainly by this
25 Custom here under writting being
26 found in Divers Books of Recconing
27 and payments between the
28 parishioners of West Mersey and
29 their Parsons and Vicars for all
30 Tithes payable by the Custom
31 with their Allewes from time
32 to time from the Reign of
33 King Edward the fourth
34 Anno Dominie 1460
Second column:
1 And by reason of a Great
2 Controversie Descending between
3 a Parson in East-Mersey and
4 Parishioners for their Custom in
5 the year of our Lord God 1544
6 Vowing and pretending to Violate
7 and Distroie all Customes for
8 payments of Tithes saying he
9 would Tithe Cheeses and milke
10 to be payed within the Compass
11 of the Strood in Both the parishes
12 of East-Mersey and West-Mersey
13 Which was proved false by a
14 Verditt given against him in
15 that behalf, and thereupon Divers
16 Ancient Parishioners and Dwellers
17 in These Parishes and thereabouts
18 of the Age of threescore years
19 and above whose names are
20 hereunder written did testifie
21 the truth of the same upon their
22 sacred Oathes for the true
23 payment of all Tithes according
24 to their Custom with their Allewes
25 from time to time without mind
26 of man
27 Whereupon these parties hath
28 sett down their own Testimonies
29 Knowledges and Reportings of
30 their fore-fathers Concerning and
31 Avouching all the Articles and
32 Branches hereunder Written for
33 to be the true Custom of
34 West-Mersey and Witnessed by
35 Richard Fookes Robert Fookes
36 Nicholas Midelton John Feild
37 Robert Gooding Thomas Wilson
38 William Finer
Page 9
First column:
1 1 Tithe Grasse
2 The Parson of West-Mersea is to
3 have the Tithe of Grasse Growing in
4 Meadows or Pastures to be Mowen
5 Strown and Cocked in Grass Cocks
6 at the Charge of the Owner in
7 Consideration of our Allew the Owner
8 takeing the Ninth-Cock or part and
9 Leaveing the tenth to the parson to
10 be Carryed away Immeadiately after
11 2 Tithe Corne
12 The Parson of West-Mersey is to have
13 Tithe of all Corne and Grain growing
14 in fields mowen shorne or maked in
15 Consideration of our Allews to be paid
16 in sheaf, steach, or shock, or swarfe,
17 according as the residue is Carried the
18 Owner takeing the Ninth sheaf, stetch,
19 or part and leaveing the tenth to the
20 parson to be Carryed away within
21 four and twnety hours after.
22 3 Whitage
23 The Vicar in west-Mersey is to have
24 for every Cow that is fedd and
25 Milked till Lammasse Day four pence
26 half-peney and for every farrow Cow
27 two pence half-peney & for every Bullock
28 of the first Calf two pence half-peney
29 to be paid to the Vicar at Easter
30 for the whole Year by Custom
Second column:
1 4 Tithe Calves
2 And every parishioner within
3 the said Strood that keepeth ten
4 or seven Milch-keine and the
5 Calves falling good there, the Vicar
6 hath one of them Either the tenth
7 or the seventh at a Month of age
8 and all that fall under seven
9 the parishioners pay for the falls of
10 every such Calfe good if They sell
11 it or, if they kill it, or weane it,
12 and breed \it/ forth for the Yoake or for
13 the Dairie one peney
14 which Dischargeth the bullocks
15 of Arbidg untill they be further
16 growen unto Other proffits, and
17 so likewise the Vicar payeth to
18 the parishioners were he Taketh a
19 Calf of 7th Three-pence back
20. to the Owner by Custom
21 5 Dry Bullocks
22 If any Dry Bullock be fedd and
23 not for Dairie nor Draught
24 and sold within the parish, or
25 without for flesh or Other, so that
26 the Vicar hath had no proffitt
27 thereby then the Vicar, shall
28 have for the Arbidge of Every
29 bullock two pence by Custom
Page 10
First column:
1 6 Tithe Wool of Feed sheep
2 For the Tithe of sheep that is feed
3 within the parish from before
4 Candlemass untill the month of
5 sheare-time the Vicar is to have
6 the tenth part or pound of Wool to
7 be delivered Immediately after the
8 owner hath Weighed over his Wool
9 but if any sheep be sold before the
10 month of shear time then the Vicar
11 is to have for Every such sheep one
12 half-peney by Custom
13 7 Tithe Lambs
14 And wheresoever in this parish
15 there falls ten or seven Lambs, good
16 till May-day, There the Vicar hath
17 one of them, the Owner takeing the
18 first two, and then the Vicar the
19 third, so the Owner Taketh seven more
20 to make up those ten, the Owner
21 begin again as aforesaid so long as
22 there is seven of the Company, by
23 Custom, and allso the Vicar hath
24 one half-peney for the fall of Every
25 Lamb under seven, and so he Reloweth
26 to the parishioners when he Taketh one
27 out of seven to be paid at May
28 day or shortly after.
29 8 Allewes for sheeps Milk
30 And the Vicar is not to have any
31 Tithe of, or for, the Milk of sheep,
32 in Consideration that the parishioners
33 doth deliver the third Lamb as
34 aforesaid and allso have keept the
35 Tithe Lambs untill May Day be
36 it one Month, or two, or three,
Second column:
1 from time to time
2 satisfaction and allewe by Custom
3 9 Tithe Piggs
4 And the Vicar is to have the
5 tenth or seventh of Every Fare of Piggs
6 falling good in the Parish the Owner
7 takeing first two and the Vicar the
8 third, when the Owner putteth by or
9 killeth for his Meat. And one half
10 peney for the fall of Every Pigg under
11 the Seventh, and so the Vicar
12 alloweth to the Owner when he
13 taketh one out of Seven.
14 10 Tithe Geese
15 And the Vicar is to have the Tithe
16 of Geese being breed in the parish
17 of Every ten or seven, he hath one
18 of them at Lammass Day in
19 Consideration of Our Allewe or a
20 half-peney for every one that falleth
21 good under seven, and so the Vicar
22 Alloweth for Every one above seven
23 to the Owner.
24 11 Tithe Fruite
25 And the Vicar is to have the
26 Tithe of Apples and Peares and
27 Gardens growing in Orchards and not
28 Else, where if there be any sufficient
29 quantity then he is to have the tenth
30 Bushell or Baskettfull
31 12 Grounds Feed without
32 profitt to Parson or Vicar
33 And if any holdeth or Occupieth
Page 11
First column:
1 any Grounds within the parrish of West-
2 Mersey, and yieldeth noe fruit, stipend
3 Rates, Rights, nor Customable benifitts
4 to Parson or Vicar, Every such party
5 shall pay to the Vicar, for his Tithe, after
6 Eight-pence in the Noble.
7 13 Bees
8 And if any parishioner driveth a
9 [Hive? - tear in parchment] of Bees haveing any Honey
10 Therein then the Vicar is to have a
11 Comb for his Tithe and not
12 Otherwise
13 14 Allewes for profitt not paid in
14 proper kinde by Custome as
15 Rakeings Coults Arbidges of
16 Cornfield Greenes
17 And neither Parson or Vicar is to
18 have, nor at any time hath had in
19 Consideration of our allowes any Tithe
20 of the Rakeing of Barley, nor any
21 Tithe of the Grass of Cornfield greens
22 being in Breadth but the Teames Length
23 plow and all, nor for the falls or Arbidges of
24 fallows, nor for the falls or Arbidges of
25 any Coults Which are brought up for
26 sadle or Draught, nor no Tithe for the
27 Arbidges of Horses, Oxen, Young steers,
28 Heifers or Bulls after their falls being
29 breed for the Maintaining of tillage
30 or other increasses in Consideration
31 the service of such beasts are and hath
32 been allways a full satisfacttion and
33 allew to Parson and Vicar for their
34 Arbidges, time-without mind of Man
35 by Custom
Second column:
1 15 No Garden Fruits
2 And neither the Parson nor Vicar is
3 to have, or at any time hath had
4 no Tithe of Green Peascods gathered
5 for Meat, nor of Garden pease or Beans
6 nor of any other Commodity Growing
7 within any Gardens whatsoever being
8 but sufficient for the diett of [the? - tear in parchment]
9 parrishioners and their familyes, whose
10 Labour and Industries in the Increasing
11 of other Tithes & Duties hath allways
12 been a sufficient allewe and satisfaction
13 by Custom
14 16 No Tithes of Wood, Furze,
15 Bushes, nor Broom
16 And neither Parson nor Vicar hath
17 had nor is to have any Tithe of Wood
18 Furze, Bushes, nor Broom in Consideration of
19 the Grounds so fenced & cleansed, reneweth
20 much greater Commodities and profitt
21 and that the tenth parts of Woods, Furze,
22 and Bushes, & Broom, hath been used
23 and expended allwayes about the tenth
24 part of the Parsons & Vicars Commodities
25 & for the Nessesarie expence of all
26 the parishioners & their families. Only
27 excepted one inclosed ground-wood
28 Lying within the Manner of Pete
29 whose endeavours & Labours of the
30 parishioners above said extendeth
31 allways about the bennefitt and
32 increasing of the Parsons & Vicard
33 Commodities in Tilling & seeding,
34 fencing cleansing & inclosing and so
35 keeping those grounds and divers other
36 Commodities which redown, To the
37 greater bennefitt of Parson or Vicar
38 the Which service hath allways been
Page 12
First column:
1 in sufficient allowe & full satisfaction
2 of all manner of Wood (except the
3 Wood before excepted) Furze, Bushes, &
4 Broom with divers other necessaries
5 never paid in proper kinde
6 17 Tithes of Lockes Morts
7 Nor Slaughter-sheep
8 [line illegible]
9 [???] since hath had no tithe of
10 Locks of Wool remaining after the
11 winding, nor of the underlockings of
12 any sheep, nor for any mort sheep
13 or other slaughter sheep, in Consideration
14 of Washing shearing & winding, and
15 allsoe the diligent tending of the
16 whole flock which have allways
17 been a sufficient allewe for those
18 [line illegible]
19 18 Noe Personall Tithe
20 And the Vicar never had nor is
21 to have no tithe of the clear Gaine
22 of that which any parishioner
23 getteth by bargining or handycraft
24 or any other practice as fishing
25 fowleings or whatsoever in Consideration
26 that all such persons & Cottages doe
27 pay their Oblations & Rights to
28 their Church which hath been
29 heretofore a sufficient allewe for
30 those parishioners, Time out of
31 mind of Man by Custom
Second column
1 19 Noe Mortuaries
2 And no Mortuaries to be paid
3 after the Death of any parishioner
4 within the parish by Custom.
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