Border Tenure
| Artifact Summary | |
|---|---|
| Artifact type | |
| Creator/author | |
| Date | 1577 |
| Period | |
| City and country of origin | |
| Abstract | |
Entry
[Durham Halmote Rolls, ed. J. Booth (Surtees Society), Vol. I. , pp. xxxvii-xl.]
The order sett downe by the Right Honorable the Lordes of the Queenes Majesties Privie Counsell, and by the Lord President and others of Her Majesties Counsell in the Northe Parts, between the Deane and Chapiter of Durham, and theire Tenaunts, the 17th day of August, 19th year of our Sovereign Lady Elizabeth,by the Grace of God of England, France, and Ireland, Queen, Defender of the faith, A.D. 1577. Whereasheretofore great contentions have arisen betwene the Deane and Chapiter of Duresme on th' one partie, and sundrie of theire tenants in the countrie palatyne of Duresme on th' other partie, clameinge to hold theire fermeholdes by tenantright, as well before the Right Honorable the Lordes and others of the Queenes Majesties Privie Counsell, and before the Lorde President and Counsell in the North Partes, as also at the common lawes of this realme; for the endinge of which troubles and for a quietnes hereafter to be had, and for the continuance and maintainance of the service of the inhabitants of that countrie due to the Queenes Majestie, her heires, and successors, It is nowe ordered and decreed, by the Right Honorable Privie Councell, as by certaine articles hereafter ensuethe. 1. Whereas in theire former suites and troubles, the said tenantes claimed to hold theire fermeholdes by tenant-right, and that the Deane and Chapiter alledged them to be onelie theire tennaunts at will, because some of them had taken no lease by a longe tyme, and yet it appeareth by an auncient booke and register of the leases made by the predecessors of the saide Deane and Chapiter, shewed to the Lord president and councell in the north parts, that the land in contention belongeinge to that house had manie tymes bene letten for yeres by lease : and also by a triall at the common lawe by which it should seme the saide lands and tenements shoulde not be holden by tenaunt rightTherefore it is ordered and decreed, that all the same tenaunts at will, and tennants clameingeby tenaunt right, shal relinquishe and give over for them, theire heires and assignes for ever, all theire titles, rightes, and claimes of tennant-right in the premisses and everie part thereof.
2. And forasmuch as upon debaitinge of the matter, it ap. peared and could not be denyed by the said Deane and Chapiter, but that the said tenants be bounde by the custome of that countreye, and the orders of the borders of Englande annenst Scotlande, to serve her majestie, her heires, and successors, at everie tyme when they be commanded in warrelike manner upon the fronteres, or elsewhere in Scotlande, by the space of fyftene daies without waiges, which they should not be able to doe, if they should be overcharged with great fynes, or of raising of rents-therefore, and for other godlike, charitable and lawful considerations, it is further ordered and decreed, That everie of the saide tenaunts shall from henceforthe have and enjoye theire severall fermeholdes with th' appurtenances accordinge to the intent of theise said articles and draught of ane indentures or lease hereafter sett down and expressed, and accordinglie shall take leases of the saide Deane and Chapiter, and shall paie theire rents at the daies and tymes accustomed, and that everie tennant shall paie, doe, and make all other rents, services, and reparations, and customes, as the tenaunts of everie suche tenement or fermeholde hath heretofore done, paied, or made, for the said fermeholde, or of right ought to have done, paied, or made. 3. And it is further ordered, that th' eldest sonne of every tenaunt, if he sue for the same within one yeare next after the deathe ofhis father, and for defalt of such sonne, the sonne and heire of th' eldest sonne, and for defalt of the son and heir of th' eldest son, the brother of th' eldest sonne, if he be livinge, or els his sonne; and for defalt thereof, the brother of the last tenant, ifhe be then livinge, or els his sonne sueing for the same as before, shall be admitted tenant of the saide tenement and fermeholde that the father or other last tennaunt had at the tyme of his deathe, dureing his life, paieinge onelie thre yeres fyne at the most, to the saide Deane and Chapiter and theire successors, and paieinge, doeinge, and makeinge yerelie, the rents, services, reparations, and customes, due for the said tenement and fermeholde; and this order to be observed for ever. And if the tenant fortune to have no sonne nor sonne's sonne, nor brother, nor brother's sonne, as is aforesaide, that then it shall be in the election of the saide Deane and Chapiter for the tyme beinge to choise theire tenant, and to lett him the same for his lyffe, in forme aforesaide. The true meaninge of this article is, that if the sonne, brother, or other be within age at the tyme of the deathe of the tennaunt, then if he, by his gardeyne, tutor, or friende, make sute for the saide tenement, he shall be thereunto admitted tennant.
4. Notwithstanding the saide former order, it is ordered that if any of the saide tenaunts be maried, and his wife lyvinge after his deathe, then shall she have and enjoye the fermeholde her husband died possessed of dureing her wydoweheed, without paieing anye fyne, paieing and doeing the rents, reparations, and customes due for that fermeholde; and, if she marie, then her husbande to paie two yeres fyne, and he and she to have and enjoye the said fermeholde dureinge the wife's liffe, she, and also her husband yerelie paieing and doeing the rents, reparations, and customes due for that fermehold, and that then after her deathe, the sonne of her former husbande, that was tenaunt of the said fermeholde, and for default of suche sonne, such other persons as are before named, according to the true meaninge of the limitation before mention'd in the third article, shall be admitted tenant for his life, ifhe sue for the same according to theise orders .
5. And further it is ordered, that no forfeiture of anie of the saide tenements so to be letten for terme of liffe, as is abovesaide, shall be taken, but onlie for treason, rebellion, wilful murder, or felonie committed by such tennaunt, whereof he shall be lawfullie attainted or outlawed by the lawes of this realme ; and the same so forfeited to be letten in forme aforesaide. 6. And it is also ordered and declared that these articles abovesaid are ment and to be intended onelie for suche tenaunts and tenements as be accompted tenaunts at will, and tenements occupied, or clamed to be holden or occupied, by the custome of tenent right, and not to such tenements as heretofore are or have been occupied and clamed by lease for terme of yeres or for terme of liffe or liffes, within the space of thirtie yeres paste. 7. And it is further agreed and ordered, that all these present articles and orders, together with the draught of the saide indenture, shal be entred and remayne as of recorde, as well in the booke of orders of the privie councell, as also the booke of orders and decrees of the said lord president and councell of the northe parts, and alsoe in the chancerie court of Duresme, to th' intent the same may remayne and be manifest to suche of the tenaunts as shall have cause or nede to sue for the same.
8. And it is further ordered and agreed, that for the more full ratifieing and comfirming of these articles and orders, to abide and contynue for ever, and that the saide Deane and Chapiter hath assented to the same, in testimonie and approbation thereof, the saide Deane and Chapiter, shall unto this order, articles, and draught of the saide indenture sett theire common seale. Yeoven at York, the daie and yere above written.
