Contents of the fikst volume
Yüklə 4,81 Mb.
|
| If a copyholder have been in quiet possession of lands by the space of three years and upwards, no pre-
sentment lieth against him for wrongful withholding of the same lands, but the party grieved may bring his action for the same.
and hath quietly enjoyed for the space of three years past, the steward may grant his warrant to the greave to keep him in quiet possession thereof till the next court, and afterwards as he shall see cause.
said or of any other warrant to him directed by the steward, the steward or his deputy may commit such persons to the castle of Clitheroe, there to be and remain till their submission.
lord by the steward or his deputy, or out of court a surrender may be received by the steward or his deputy or greave or by a copyholder of the same manor where the lands that are surrendered do lye.
by the steward or his deputy or greave, otherwise the surrender is void. A surrender may be kept in the hands of a customary tenant unpresentable till the court day, if all the parties concerned therein do agree thereunto, but if the said customary tenant be required to present the same surrender at the first or second court and he refuse or neglect so to do he is to be presented and amerced. If a surrender be not presented into the court at the third court day (or before) it afterwards becomes void, except the customary tenant who received the same die or go out of the county before the third court day, in such cases the surrender may after it shall be found be brought in the court and be presented by the homage although the third court day be past, and such surrender is in force. If a copyholder who receiveth a surrender do keep the same in his hands unpresented past the third court day, or doth cancel or lose the same or wilfully denieth to present the same, and being presented by the homage, in this case he forfeiteth his copyhold lands to the lord of tke manor.
294
HISTORY OF WHALLEY.
[BOOK III. CHAP. IV. monies or any other condition, which being performed before the third court day, such conditional surrender may be countermanded and cancelled without any danger to the customary tenant who received it.
a surrender it is void; but a copyholder may surrender his lands to one, two, or more feoffees or trustees, and the uses may be declared in an intent or schedule annexed to the same surrender, or by the last will and testament of the surrenderor, or by any other his act to which the surrender hath relation, and the cesti que use hath only an equitable estate in the same lands.
a surrender ? They may. If a copyholder surrender his lands to another, and he dieth before his admittance, his next heir is to be admitted thereunto after he be found and presented by the homage. If a copyholder die seized of copyhold lauds, his heir at the next court is to be presented by the homage and admitted thereunto, and to pay unto the lord of the manor a fine, and they do defend according to the course of common law.
life, and may bring her action for the same in the halmot court in the nature of a writ of dower. The husband may surrender immediately to the use of the wife, or the' wife to the use of the husband. If a copyholder surrender lands to another for life or years, he to whom the surrender is made may assign over the same land by will or any other act without surrender during the same term. If a surrender be presented into the court, and the person to whose use the surrender is made come not to receive his admittance, after three solemn proclamations made at three several courts, he is to be amerced. A copyholder may by the custom surrender his copyhold lands by an attorney. A copyholder may demise his lands for one year, and no longer without a surrender; if he let it longer without surrender, he is to be presented and amerced. After three proclamations be made at one and the same court, he to whom the surrender is made is to be admitted by the steward or his deputy, and if on the same proclamation any person come to forbid and enter his claim to the same lands, the person to whose use the surrender is made is to find a pledge (to wit) a copy- holder of the same manor, and hold the mean profits of the same lands in case he that forbids shall recover the same.
courts, or otherwise the same forbid or claim shall be void. If any forbid or claim be granted in open court, it only debars him who granted the same and not any after him. Every copyholder on his admittance is to pay to the lord of the manor one year's ancient rent for the same land and no more for a fine. A copyholder (by the custom) may be tenant by the courtesy of England, in like manner as of a freehold inheritance at the common law. 1. A tenant in copyhold for one, two, or three lives may (for prevention of occupancy) assign his term without surrender ; but the assignee, or, for want thereof, the occupant must pay a fine to the lord, and so must he that takes bankrupt lands. According to the statute of Eliz. 30, ch. 1.
sworn without shewing to the court any lawful and reasonable excuse, he forfeiteth his copyhold land until he shall submit and pay a reasonable fine as the court shall amerce.
then to the heirs of the mother's side. BOOK III. CHAP. IV.] CUSTOMS OF THE HONOR OF CLITHEROE. 295
4. If a copyholder (to wit) tenant for life or years or tenant in fee simple or tail, commit waste volun- tary or permissive, that this waste is a forfeiture of the copyhold tenements so wasted, during their respective estates in the same, until such time as the same shall be put into sufficient repair, and such forfeiture will bring a new fine to the lord upon the new admitted. 5. If a thief steal goods and by strict pursuit leaveth the goods within the manor, that the said goods (as waifs) belong to the lord of the manor. 6. If a copyholder be outlawed for any criminal offence, as murder, felony, or the like, the same maketh a forfeiture, but the lord is not to have benefit until presentment be made by the homage. 7. If any person come to untimely death without fault of any reasonable creature, the cause of his death is a deodand, and belongs to the lord of the manor. 8. If a tenant (by copy) surrender generally into the hands of the lord, and it doth not appear who shall have the land nor to whose use the surrender is made, then the lord shall be seized to his own use. 9. A tenant hath right to all wood, timber, and underwoods, slate mines, flags, and free power to get the same for his own use, or to sell the same within the manor for repairing the housing within the same, but not to sell the same to strangers or such as dwell out of the manor.
and that if the lord enter into statute or take a wife, and after the land falls into the lord's hand by surren- der, forfeiture, or otherwise, his land whilst it is in his lord's hands is liable to the charge ; but if he grant it again to the tenant according to the custom, the copyholder shall hold his estate discharged because he is in by custom which is paramount the grant.
the profits thereof, to punish trespassers and to defend his possession, but cannot bring a real plaint before his admittance.
brother, upon death of his father (though his brother die before admittance) will make his sister heir, and the land would escheat to the lord rather [than] the son by the second venter should take as heir to the first brother or sister ; and before admittance the right heir may sell, the purchaser paying a double fine to the lord. 13. The tenant paying his rents and performing his services is no more tenant at will (by the decree or late act made for confirmation thereof), is free from arbitrary impositions, and only liable to pay his rents, &c. and observance of the customs aforesaid.
burn in the year 1662. (This document has been communicated to the present edition of this work by Capt. Grimshaw, of Grange, late of Burnley. It has been submitted by the Editors to Mr. Dixon Robinson, the present Chief Steward of the Honor, who has had the kindness to peruse it, and to examine the archives under his care, but he states that no such Customs are upon record. So far as the Editors are informed, the Customs of the Honor of Clitheroe have not hitherto appeared in any book, but they were printed (differing in various par- ticulars from the present copy) on loose sheets, at Bury, in 1793.) '
296 HISTORY OF WHALLEY. [BOOK III. CHAP. IV. PENDLE FOREST. The Forest of Pendle was so called from the celebrated mountain of that name, over the long declivity of which it extended. The name of this mountain is an instance of the gradual operation of language upon the names of natural permanent objects. Having been originally denominated Pen or the head, its first appellation becoming insignificant the Saxons superadded hull, and Penhull was its orthography probably before the Conquest ; but the latter syllable in turn lost its meaning by being melted down into Pendle; and the modern " hill " was once more superadded, to design the nature of the object. The per- pendicular elevation of this mountain, after many attempts and notwithstanding the facility of obtaining a base line from the sea, has never been exactly ascertained; 1 but it is an enormous mass of matter, extending in a long ridge from N.E. to S.W. and on the S.E. side forming a noble boundary to the forest, which stretches in a long but interrupted descent of nearly five miles to the Water of Pendle, a barren and dreary tract excepting on the verge of the latter, which is warm and fertile. 2
THE PHILOSOPHER. From Addenda to the Third Edition. On August the 18th, 1669, between nine and ten o'clock in the morning, there issued out of the north- west side of Pendle Hill a great quantity of water, the particulars of which eruption, as I received them from a gentleman living hard by, are these : the water continued running for about two hours. It came in that quantity and so suddenly that it made a breast of a yard high, not unlike (as the gentleman expressed it) to the eager at Roan in Normandy or Ouse in Yorkshire. It grew unfordable in so short a space that two going to church on horseback, the one having passed the place where it took its course, the other being a little behind, could not pass this sudden torrent. It endangered breaking down a mill-dam, came into several houses in Worston (a village at the foot of the hill), so that several things swam in them. It issued out at five or six several places, one of which was considerably bigger than the rest, and brought with it nothing else but stone, gravel, and earth. He moreover told that the greatest of these six places closed up again, and that the water was black like unto moss pits ; and, lastly, that fifty or sixty years 3 ago there happened an eruption much greater than this, so that it much endamaged the adjacent country, and made two cloughs or dingles, which to this day are called Burst or (in our Lancashire dialect) Brast Cloughs.
of this accident, I found nothing that did contradict the abovesaid relation. What I observed more, con- 1 [According to the Ordnance survey the height is 1,831 feet above the level of the sea.] * I know not whether it be worth while to relate, that the gloomy enthusiast George Fox professed to have received his first illuminations on the top of Pendle. Vide Lesley's Snake in the Grass. ["As we travelled on (from Bradford) we came near a very great and high hill, called Pendle Hill, and I was moved of the Lord to go to the top of it; which I did with much ado, it was so very steep and high. When I was come to the top of this hill, I saw the sea bordering upon Lancashire: and from the top of this hill the Lord let me see in what places he had a great people to be gathered. As I went down I found a spring of water in the side of the hill, [probably Eobin Hood's well in Down- ham Moor,] with which I refreshed myself; having eaten and drunk but little in several days before." (Fox, Journal. London, 1694, vol. i. p. 72.) The spring here alluded to is called George Fox's Well to this day. Note in 7th Edition, by Wilson Armistead, vol. i. p. 121.] a p ro bably the eruption mentioned by Camden. BOOK III. CHAP. IV.] PENDLE FOKEST. 297 cerning this and other eruptions is that, passing under the N.E. end, commonly called the Butt end of Pendle, I saw several breaches in the side thereof, at several distances from the top. From these stones mixed with earth had been tumbled down, and lay in such a confused order as if they had been brought thither by such a like eruption as this last ; and, inquiring of a country fellow who was our guide, he con- firmed the conjecture, and told us these breakings out of water were very frequent, so that he wondered we took so much pains to go and see this late one. I went to look amongst the rubbish of stone and earth of one of these breaches to see if I could find anything like ore, but could find nothing. Having passed the end of the hill and coming'to the other side, we after a short time discovered the aforementioned six breaches, of which two seemed to be very near the top. I went only to the biggest of the breaches, in which I observed these particulars : the water had taken away the soil, which was about two feet deep, and bared the rock between twenty and thirty yards in breadth, and downward a considerable deal more. It appeared evidently that the water came from between the swarth and the rock, for at the top of the breach we saw several holes whereat the water had issued forth ; others were closed up with the fall of the earth. Wheresoever the water had taken away two feet deep of the earth the rock appeared among the rubbish. I found nothing that could be supposed to come out of the bowels of the hill, but only such stones as might be loose on the rock amongst the earth that covered it. This is what I observed in the breach, which for bigness was most remarkable, and presume I should have found nothing worth notice in the lesser ones. Though the noise of this eruption was so great that I thought it worth my pains to inquire further into it, yet in all these parti- culars I find nothing worthy of wonder, or what may not easily be accounted for. The colour of the water, its coming down to the place where it breaks forth between the rock and earth, with that other particular of its bringing nothing along but stones and earth, are evident signs that it hath not its origin from the very bowels of the mountain, but that it is only rain-water collected first in the moss-pits, of which the top of the hill (being a great and considerable plain) is full, shrunk down into some receptacle fit to contain it, until at last, by its weight or some other cause, it finds a passage to the side of the hill, and then away between the rock and swarth until it break the latter and violently rush out. The great eruption mentioned to have happened so many years ago perhaps is that taken notice of by Camden in his Britannia, p. 613. " Verum hie mons damni quid subjecto agro jampridem intulit, aquarum vim eructans, et ccrtissimo pluvise indicio, quoties ejus vertex nebula vestitur, maxime insignis est." I know not whether it may not be worth notice that, going to the top of the hill and observing a considerable part thereof, especially towards the skirts where turfs had been gotten, I found that the rock reached within a yard or two of the highest part. Considering this with what I observed of the mentioned breach and several other places, I think it is very probable that the whole mountain, great as it is, is one continued rock, and it may be a question whether all other hills be so or no ; but this I leave to further inquiry. The whole extent of it cannot be estimated at less than 25 miles or 16,000 statute acres, which as early as the great Inquisition in 1311 were divided into eleven vaccaries, each of which paid 10*. In the commission of Henry VII. already referred to these vaccaries were denominated as follow : West Close and Hunterholme XL vis. vmcZ. Heigham Boothe LXVIS. vmd. Newelawnde xxvis. \md. Bareley Boothe LXXIXS. ivd. Heigham Close olim Nether-heigham xxvis. vine/. Overgouldeshey and Nethergouldeshey ... ivZ. xvis. VOL. I. 2 Q 298
HISTORY OF WHALLEY.
[BOOK III. CHAP. IV. Feelie Close . Old Lawnde Whitley Carre Over Barrowforde and Nether Barrowforde . Over Rougley and Nether Rougley, alias Rougley Boothes Haweboothe and Whitley in Haboothe .... Redhalowes xxvis. vind. xxvis. vmd. xxs. Ffl. ills. ivd. ivl. vis. vine?. LVS. xms. ivd. Of these Filly Close is the flower of the forest, 1 and B/eedley-hallows crosses the Pendle "Water, and extends nearly to Burnley.
William son of John de Radcliffe. (Townley MSS.) Admergill is undoubtedly called qu. Ald-Mere-Gill, the Gill or Gully which formed the old boundary of the parish towards Barnoldswick. Here were lately found 117 pennies of Edward I. and John Baliol, King of Scotland.
with the forest of Penhull, late in the tenure of Thomas Haryngton, esq. at a yearly rent of 106s. 8d. ; of Higham Close, late in the tenure of John Dyneley, at 4 13s. 4td. ; of Higham (both late in the tenure of Mr. Cawchope and Miles Parker) at 10 marks ; of West Close (late in the tenure of John Croukshawe) at 113s. 4(7. (Duchy of Lane. xxv. X. la.)
proximum advcntum Consilii nostri in partibus illis," of the herbage and pasture of Overbarrowe Forde and Nethcrbarrowe Forde, of Overroghlegh and Netherroghlegh, of Barleboth, and of Oldeland with Little Blakwode, in the Forest of Pendle, and several pastures and vaccaries in the Forests of Trawden, Rossen- dale, and Accrington at the rent of 114 7s. a-year. (Ibid.)
Peter Jakeson of two pastures called Overroughlegh and Netlierroughlegh, sufficiente pastura et pascua pro feris dicti domini Regis reservata. (Ibid.) ,
part of the herbage of Rydelehalghs within the forest of Penhulle ; rent 50s. Id. ll Et iidcm firmarii salva- bunt et dimittent tantam et talem pasturam pro feris domini Regis qualis et quanta in dicta quarta parte perantea solebat salvari et dimitti. Et feras dicti domini Regis in foresta predicta non interficient neque destruent aliquo modo." (Ibid.)
Neuland for 106s. Sd. a-year, of Higham Close for 4 13s. id., of Highamboth for 10 marks, of West Close for 113s. 47 Edw. IV. 22 June, 1466.^ A similar lease of the same pastures at the same rents was granted to William Leylond and also the herbage and pasture of Nethergoldeshagh and of Overgoldeshagh, *' cum lez Cragges," at 8 6s. 8d. and Redeleghagh 9 6s. 8d.
Overbarrowforde and Netherbarrowforde, of Overroghlegh and Netherroghlegh, of Barleboth, of Whithaw- both and Hawboth, and of Oldeland cum parva Blakwode in the forest of Penhull, together with other pastures and vaccaries in Trawden, Rossendale, and Accrington forests, for 108 7s. and 100s. more de incremento.
1 [So named after the fillies there kept: see the account of the royal haras, or equitium, under Ightenhill hereafter.] BOOK III. CHAP. IV.] PENDLE FOREST. 299
8 Edw. IV. 20 May, J467. Lease for twenty years to John Sotehill of a pasture called Felyclose, rent fourteen marks sterling. 11 Edw. IV. 26 Feb. 1471. Lease for twenty years to Hugh Gartside of the herbage and pasture of Westclose at the yearly rent of 5 13s. 4d., of Hegham Bothe at 6 13s. 4 4 13s. 4d, of Le Newe Launde at 5 6s. 8d., and of Fellyclose 9 6s. 8d. (Duchy of Lancaster, xxr. X. 2 a.) 1 Eich. III. 20 Mar. 1484. Lease to Hugh Garthside and his son Nicholas for seven years from Michaelmas last past of Overrughley and Netherrughley at 8 a-year rent. Herbage and pasture of Higham Bothe at 6 IBs. 4d., ditto of Higham Close at 4 13s. 4d., ditto of West Close at 5 6s. 8d., and the vaccary of Bareley Both at 5. .(Duchy of Lane. Reg. t Rich. III. f. 87.) Yüklə 4,81 Mb. Dostları ilə paylaş:
|