views.

We should recollect, that we can,

not reason from a matter of fact to a matter [207] of right; and that it does not follow of ne

cessity that, because absurdities or inconveniences exist, they, therefore, ought to be cherished. There cannot be a more certain cause of destruction than the accumulation of what is absurd.

A273.1820

APPENDIX.

No. I.

CUSTOMS OF DYMOCK.

Grant and Confirmation of sundry Rights and Customs to the Lord and Tenants of the Manor of Dymock, in the County of Gloucester.

OLIVER, Lord, protecter of the commonwealth of England, Scotland, and Ireland, and the dominions and territoreis thereto belonging. To all to whom these presents shall come, greeting. We have received the inrollment of an indenture dated the 15th day of April, in the seventh year of the reign of the late sovereign Lady Queen Elizabeth, made between the Right Honourable Walter Vicecount Hereford, Lord Ferrers, of Chartely, and lord of the manor of Dymock, of the one partie, and Florys Barston, gent. and others, tenants of the said

Tenants to

hold their es

of their

manor, of the other partie; as also a schedule and memorandum under the said indenture made, and in the high Court of Chancery remaining of record in their words. (Then follows the indenture of agreement in hæc verb. and after that the schedule.)

A schedule indented of the old and antient customs of the manor of Dymock, in the county of Gloucester, used within the same manor by the customary and antient demesne tenants of the said manor, tyme out of mynde of the remembrance of man; between the Right Honourable Walter Vicecount Hereford, Lord Ferrers, of Charteley, and lord of the manor of Dymock, of the party, and the custom and antient demesne tenants of the manor aforesaid, of the other party, as hereinafter expressed.

Inprimis, the custom of the said manor of Dymock is and always have been, for tyme tates to them out of mynde, that the custom and antient and the heirs demesne tenants of the same manor, have used freely to have and to hold their lands and tenements within the manor aforesaid, to them and their heirs of their bodies lawfully begotten; the reversion or remainder thereof in fee to the lord of the manor aforesaid,

bodies.

See

my Copyh. v. 1. p. 149.

alien.

Item, that they have used allways, all the Tenants may time above said, when they be disposed, or will sell, give, grant, or alienate their lands

ment, C. W.)

or tenements to any person or persons whatsoever, to make a state* thereof by free (* A statedeeds, indented, or poll deeds to such persons whatsoever.

To have, to hold, to them and to their heirs of their bodies, lawfully begotten, the remainder thereof to the lord and his heirs for ever, with licence of the lord of the manor, in that behalf obtained.

Item, the custom is, that the lord of the

manor for the time being, have always used, for the time aforesaid, to give and grant in the court or courts baron there within the

said manor, upon the request of any tenant

The lord to grant license to alien. In

the debate be

fore a com

mittee of the

House of

Commons in 1777, whepants might

ther these te

vote for

shire? Mr.

or tenants, disposed to make alienation, as knights of the is aforesaid, such licences to do the same. Bearcroft And the same is to be inrolled in the court

said, a mandamus would lie

rolls of the same manor, by the steward of to compel

the lord for the time being.

Item, that the tenants aforesaid, for such licences and alienation, as is aforesaid, have

used to pay the lord of the manor one

the lord to grant a license if he refused it.

Relief to be

paid for li

cense and two shillings to the steward.

My Copyh 287. (a). 322.

Two courts to be held in a year.

Alienation to

of the alienor.

year's rent, by the name of a relief; and to the steward, for a copie of the said licence, two shillings.

Item, the custom is, that the lord of the said manor shall yearly, two times in the year, keep his law days and courts baron in manner and form following, (that is to say), one within a month next after the feast of St. Michael, and the other within a month after Hocketuesday.

Item, the custom is, that all and every bar the heirs such alienations made of lands or tenements with a licence, as is aforesaid, be a bar for ever by the custom of the said manor, to the heir or heirs of such tenant or tenants, and also to the lord of the said manor and his heirs, to demand or claime any the lands or tenements so aliened, as is aforesaid, for default of issue of the body of the tenant, that alieneth, and that no writs of forme donne in descendre for the heir, nor remainder for the lord, hath been used to be com menced or brought within the said manor, or at the common law, by any heir or heirs of the tenants aforesaid, so aliening, as is aforesaid, or by the lord or his heirs, for the lands