No. III.

CUSTOMS, &c. OF WEARDALE, IN
DURHAM.

Articles and instructions to be inquired into, on behalf of the right reverend father in God, Tobie, by the grace of God bishop of Durham, concerning all and singular the manors, castles, lands, tenements, pesrs, prerogatives, regalities, forests, priviliges, customs, tenures, rents, services, and heredits, &c. within certain lordships, and the several parishes of Stanhope and Walsingham, in the co. palatine of Durham and Sadburg, being parcel, and belonging unto, the said right reverend father, in the right of his said bishopric of Durham, A. D. 1595.

What lands or tenements within the precincts aforesaid, being holden of the said bishop, in capite, as in the right of his bishopric, hath been purchased or aliened, with licence of some of his predecessors first had and obtained, &c.

My Copyh. vol. 1. p. [8].

You shall inquire and present the names of all such persons, who hath entered in and to any lands or tenements holden of the said bishop in capite, within the limits and lordships aforesaid, without due livery after the death of their ancestors, tendued, had, and purchased, and of what yearly value the said lands are.

Several presentments of lands holden in capite of same date.

Deposition of Ralph Trotter in pursuance of the above noticed charge.

And he further saith, that the priviliges of the game of fishing, fowling, hawking, and hunting, within the said forest and park, (of Stanhope) within the manorhood of the inhabitance within the parish of Stanhope, belong to the bishop of Durham's forester for the time being.

So also in another presentment of the te nants in 1595, we find that Richard Mowbray hath a fine or a copy of certain parcels of ground granted to him at the Halmot Court at Wolsingham, by Thomas Calverly

steward, dated 3rd May, 20th year of her Majesty's reign in Bishop Barnes times. So of other presentments, 1595.

COPYHOLDER'S SERVICE.

We find that the copyholders within the 1595. parish of Stanhope, do hold their several fines by surrender and copy of court-roll, that is to say, a tenant dying seized of any copyhold estate, his wife ought at the first, second, or third halmot court, then next after kept at Wolsingham, to come and fine for the same during her life, and to pay five pence for the enrolment, and five pence for taking out the copy and for her fosse, according to the copy. And likewise the eldest son, after the death of his father, and through default ofsons, the daughters jointly* * My Copyň are to fine and do in manner aforesaid. Also vol. 1. p.

:

the copyholders are to do their suit of court

two times in the year, at the foster court,

to be kept within the forest of Weardale, and do their services unto her majesty upon the borders, 14 days, upon their own costs and charges; that is to say, 10 days to remain upon the said borders, if need so re

[278].

quire, and four days to come and go to the said borders.

Widow.

CUSTOMARY TENANTS.

Those ought to be paid yearly for the same, 18s. being termed by the name of bond rent, and likewise 9s. and 6d. being called foster money, and six bushels of oats, being called foster corn, ought yearly to be paid, out of the said lands, unto the Bishop of Durham, or officer of Roughside-Ward. And the tenants or occupiers of the ground ought to carry, as need requireth, all the running geare belonging to the mill called Stanhope Mill, and to theeke all over y°. lowther of the said mill. But whether the tenants or occupiers of the said land are bond tenants, or what other service they do, or ought to do, for the same, we cannot present; saving, that the carriers of the said running geare have such custom and privilege in the said mill, that the hopper being empty, their corn ought to be ground next.

Custom of tenants right, or customary tenants. Husband dying seized, widow, during

her widowhood, is to have her widow-right

of said ten'. and after her death or mar

riage, said ten'. to come and descend to Descent. the eldest son, if the tenant have any son, through default of son to the eldest daughter, and through default of daughters, to the next of kin.

We find, that it is a custom, that if the younger brother do agree with the eldest brother, in the life-time of the father, for all or any part of the tenement, that then that agreement shall stand in effect to exclude the eldest brother who took the composition.

Customary tenant might let, set, grant, Take penny. or sell his tenement at his pleasure, but the purchaser must, after such sale, come at some court after, kept within the said forest, to be sett tenant, and to pay a take penny or custom penny.

Any tenant may, upon his death-bed, give his ten'. to any of his younger sons, with the consent and assent of the eldest, but not otherwise.

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