In Camera Scaccarij. Maij 1608.
DIRECTIONS for Commissioners, with the Steward of each Mannour, Aswell for admitting of Tenants to Copy hold Estates, as for Assessing of Fines of the same.
Resolued on by the right Honourable Robert Earle of Salisbury L. high Treasourer of England, Sir Iulius Caesar Knight, Chancellour and vnder-Treasourer of his Maiesties Exchequer at Westminster, Sir Laurence Tanfield Knight, L. Chiefe Baron, and the rest of the Barons there.
¶ IMPRINTED AT London by Robert Barker, Printer to the Kings most Excellent Maiestie. 1608.
¶ Directions for Commissioners with the Steward of each Mannour, to admit Tenants to Copy-hold estates for Life or Liues, according to the Custome of the Mannor: Resolued on by the right Honourable ROBERT Earle of Salisburie L. high Treasourer of England, Sir IVLIVS CAESAR Knight, Chancellour and vnder-Treasourer of his Maiesties Exchequer at Westminster, Sir LAVRENCE TANFIELD Knight, L. Chiefe Baron, and the rest of the Barons there.
FIrst the Commissioners and the Steward with all care and diligence to informe themselues of all surrenders, forfeitures, and deceases of Tenants for terme of life or liues, and of the quantitie, qualitie, and true yeerely value of [Page 2]each thing so surrendered, forfeited, or happened by decease, which thereby are in case to be granted in possession or reuersion for life or liues, by Copie of Courtroll, according to the custome of the Mannor.
Item, where by determination of such estates the Copyholde is in his Maiesties hands, & is harrietable, one Iustice of Peace, the Surueyor of the Countie, or in his absence two Iustices of the Peace neerest dwelling to the Mannor of and the Steward thereof, To assesse the fines at nine yeres true value of ech thing, the ancient Rent and yeerely value of Custome workes being reprised. And thereupon to grant three liues, according to the Custome of the Mannor; or if the Custome beare but two liues, then at seuen yeeres true value, And where but one life, fiue yeeres value, and not vnder, reprising vt supra.
And where the land is not harrietable [Page 3]and so the lesse charge to the Tenant, which land may in that regard beare the greater Fine to his Maiestie, To assesse the Fine for three liues at tenne yeeres true value, and for two liues in present possession at eight yeres true value, And for one life in present possession, if the Custome will beare no more, at six yeeres profit, reprising vt supra.
And where there is only a widowes estate in Copyholde land being harrietable, To contract with such as desire grant thereof by Copy for three liues after such widowes estate for six yeeres true value of each thing, the ancient Rent and yeerely value of the workes being reprised. But where it is not harrietable, at seuen yeeres true value and not vnder.
And where the Custome alloweth foure or fiue liues, (as in some fewe Mannors it doeth, or is so pretended) There to aduance the Fine for his [Page 4]Maiesties profite accordingly.
And where there is but one life in Copie and possibilitie of a widowes estate, the Copyhold being harrietable, To contract for two liues in reuersion at three yeeres profit, and not vnder (the rent and yeerely value of Custome workes reprised.) And where the Custome alloweth no widowes estate, or the Copyholde is not harrietable, To assesse the Fine at foure yeeres of the true value, and not vnder.
And where there is two liues in Copyholde and possibilitie of widowes estates, being also harrietable, To contract for no further estate.
And where the present Tenants hauing three liues in Copie will surrender by composition that three others may be stated in Copie, There for the exchange of the liues being of like age, to contract for one yeeres true value and not vnder. But where those that [Page 5]are to bee admitted, or any of them are younger then those that were formerly in Copie, The Commissioners to aduance his Maiesties profit accordingly. And so for exchange of one, two, and three liues or more in reuersion, the Commissioners to haue respectiue regard thereto.
Prouided, that the children and next of the kindred of each former Tenant haue heerein preferment, if willingly he or they will desire to giue the Fines before mentioned.
Prouided also, that none of the sayd Iustices of the Peace, Steward, nor Surueyor, to be heereafter appointed, be Copyhold Tenant of any the Mannors whereof the Tenants are to be so admitted.
¶ Directions for Commissioners with the Steward of each Mannour, to assesse Fines of Copy-holds wherein the Tenants haue estates of Inheritance, according to the Custome of the Mannor: Resolued on by the right Honourable ROBERT Earle of Salisburie L. high Treasourer of England, Sir IVLIVS CaeSAR Knight, Chancellour and vnder-Treasourer of his Maiesties Exchequer at Westminster, Sir LAVRENCE TANFIELD Knight, L. Chiefe Baron, and the rest of the Barons.
FIrst the Commissioners and the Steward with all care and diligence to informe themselues of all surrenders, and Descents of Tenants not yet admitted, and of the quantitie, qualitie and true yeerely value of each thing so Surrendred or Descended, and whether [Page 8]by the true and ancient Custome the Fine be arbitrable or certaine.
Item, where the land is harrietable, and the fine arditrable, The Steward with one Iustice of the Peace next dwelling to that Mannor, & the Surueyor of the Countie, or in his absence two of the Iustices neerest dwelling, to assesse the Fine vpon admittance at one yeere and a halfes profit, according to the true yeerely value, and not vnder nor otherwise.
Item, where the land is not harrietable, and the Fine arbitrable, to assesse the Fine at two yeeres profit, according to the true yeerely value and not vnder.
Item, where the Fine is certaine, & so to be prooued by the ancient Court Rols, tempore H. 7. and before, or by other sufficient matter of Record, there to admit the Tenants for such Fine certaine.
[Page 9] Item, where the Fine is pretended certaine, and cannot bee so prooued to the Commissioners as aforesayd, yet neuerthelesse (in such ease) to admit the tenants, and respect the assessing of the Fine vntill such tenants haue attended the Kings learned Counsell, and satisfied them therein, or that some further order shall be taken concerning the same: And for better notice and information to bee giuen, the Steward & Commissioners to certifie the State of such questionable certainty or vncertaintie of the Fines, to the Barons of the Eschequer.
Item, the sayd Commissioners and Steward to inquire with like care and diligence what harriets, reliefes, or other matter of profit is due vnto his Maiestie by surrender, alienation, or decease of any the tenants (of such Mannour) aswell of Freeholde as Copyholde, as also of Lease lands, and to take such order that his Maiestie be duly and truly answered the said fines, [Page 10]harriets, reliefs, and other profits from time to time as they grow due.
The sayd Commissioners & Steward to make true Certificate of their proceedings herein to the Chancellour and Councell, immediatly after euery Court, vnder their handes. And also like Certificate of all Copyhold lands that shall happen to escheat or otherwise come to his Maiesties hands, before they grant them againe by Copie.
Prouided, that none of the sayd Iustices of the Peace nor Surueyor be Copyhold tenant of any the Mannors whereof the tenants are to be so admitted.