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IV. Mr. Astle on the Tenures, Customs, &c. of his Manor of Great Tey. In a Letter addressed to the President
Published online by Cambridge University Press: 24 July 2012
Extract
Having observed several singular tenures, customs, and usages, in my manor of Great Tey, in the hundred of Lexden and county of Essex; I conceive that illustrations of the most remarkable may be acceptable to the Society of Antiquaries.
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- Copyright © The Society of Antiquaries of London 1796
References
page 26 note [a] In the 12th of Edward I. the manor of Bacons was held of the lord Fitz-Walter by Roger Fitz-Richard, by the rents and services above-mentioned. In the reign of Edward III. it was held by the family of Bacon. In the next reign it was possessed by the family of Calthorpe, whose desendants enjoyed it till the 3d of Edward VI. when, on the death of Sir Philip Calthorpe, knight, it descended to his daughter and heir Elizabeth, wife of Sir Henry Parker, knight. In the 5th of queen Elizabeth she and Sir John Woodhoufe, her second husband, sold the same to John Turner, gent, from whom it descended to Margaret his daughter and sole heir, who was first the wise, of Thomas Smith, esq. by whom the had four fons and six daughters; she was afterwards married to Sir Stephen Poule, knight. On her death it descended to her eldest son and heir Stephen Smith, esq. whose descendants possesed it till 1724, when Thomas Smith, dying without issue, left them to his niece, Mary Tendring, who devised them to her cousin Thomas Alexander Smith, esq. who, in 1747, devised the same to Charles Alexander, from whom it came to the present proprietor.
page 27 note [b] This manor was enjoyed by the possesors of the manor of Bacons till the death of Margaret Smith, sole daughter and heir of John and Christian Turner, when her son John Smith had Flories, who, November 1, 1645, sold it to William Stebbing: of Great Tey, gent. who, April 29th 1650, with Rose his wife, fold it to Christopher Scarlet, who, by his will dated September 23d in the same year, devised it to his son Thomas Scarlet; but, in. 1657, Stephen Smith, esq. commenced a suit against the said Thomas Scarlet for the manor, which suit continued till November 12th 1664, when it was determined they had an equal right, and the courts were held in their joint names. The said Thomas Scarlet, by his will dated December 4th 1705, devised this estate to his nephew Thomas Scarlet, who, April 23d, 1713, sold it to John Little, who held a court jointly with Thomas Smith, August 31st in that year. On the 23d of March, 1714, the said Thomas Smith for a valuable consideration conveyed all his manerial rights, to the said John Little, reserving to himself the site of the manor of Bacons, with the demesne lands and the farms thereto belonging. Mr. Little held his court as sole lord of the manor May 2d, 1714. After his death it descended to his daughter Mary, who was first married to Thomas Bridge, gent. and afterwards to — Foster, whom the survived, and by her will devised the same to Thomas Stuck, of Halstead, gent. for his life, and after his decease to Samuel Shaen of Hatfield Peverell, gent. who is the present possessor.
page 28 note [c] Morant's Hist. of Essex, vol. II. p. 207.
page 28 note [d] In an ancient extent of the manor made 12 Edward I. A. D. 1284, it appears, that Robert de Vere, earl of Oxford, held three fees in Ramsey, Gosfield, and Beauchampe, by the farm or rent of xs. payable every 24 weeks. In the 48th Edward III. the countess of Oxford paid to the lord Walter Fitz-walter, lord of Tey, as an aid to marry his daughter three pounds for the said three fees. On the 25th of November, 15th Richard II. ten shillings were paid for Castle Guard, and the further sum of 10s. were also paid on the same account. In the 22d of Henry VI. John earl of Oxford paid at the end of 24 weeks, xs. In the 48th of queen Elizabeth William Aylosse, esq. was distrained for his relief of 100s. due on the death of William Aylosse, his father, for the manor of Ramsey-hall, held of this manor as a knight's fee, and for a rent of xs. payable at the end of 24 weeks for Castle Guard silver.
page 29 note [e] This family possessed estates in this county in very early times. In the Clause roll of the first of Edward II. A. D. 1307, is a writ directed to Walter de Gloucester, the king's escheator on this side Trent, to grant seisin to Andrew de Creffield of all the lands of his father Robert Creffield, who held of the king's father in capite, the said Andrew having obtained his full age, and done homage. The estate called Pope's has been enjoyed by the posterity of the said Andrew Cressield, and descended in the direst line for several centuries until the year 1782, when Edward Creffield, Doctor in Divinity, dying unmarried, devised it to me, I having married the heir general of the family.
page 31 note [f] By the survey of the manor abovementioned it appears, that in the reign of king Henry V. several villain services were commuted for by rents, which is the reason why many small copyhold estates pay large quit-rents.
page 31 note [g] Esc. 2 Edw. Ill. n. 59. A. D. 1328.
page 33 note [h] At first I supposed that there might have been a custom which obliged the base copyholders to seed the lord's young hawks, for enziel or oisel is an obsolete French word for a bird, and oiselct is a little bird, particularly a hawk, says Cotgrave in his French Dictionary; but this supposition is proved by records to be erroneous.
page 33 note [i] See Da Cange's Glossary.
page 33 note [k] See Adeling's German Dictionary, voc. Ungeld.
page 34 note [l] Inquisitio capta apud Chelmesford, in com, Essex, coram Johanne de Kirkeby, Escaetore, Domini Regis, per sacramentum, Johannis Semy, & al'. Qui dicunt, &c. quod manerium de Magna Tey cum pertinentiis, in Comitatu predicto, et alia maneria, &c. in manu domini regis devenerunt, ratione minoris etatis Walteri Fil' Walteri, &c. Et dicunt quod omnia predicta maneria de Magna Teye, ac manerium de Uphalle, &c. tenentur de domino rege ut parcel. Baroniæ de Baynard's Castle, per servitium militaræ. In quo quidem manerio de Magna Teye, sunt, &c. Et Tallagium cusiumarium, de quadam antiqua. consuetudine, vocat. unʒcid xls. solvend'. ad Festum Sancti Michaelis per annm et placita et perquis. curiæ, &c. Esc' I Hen. VI. n. 56
page 35 note [m] Boethius's Hist vol. III. p. 35. Plot's History of Stassordshire, p. 278. Bayle's Dict.
page 36 note [n] Bracton, 4, T. 1. c. 28. 2. T. I. c. 8. f. 2.
page 37 note [0] Lierwyte or Lairwyte is from the Saxon Lazan, concubere, to lie together; and size mulcta, a fine imposed upon offenders in adultery and fornication, and payable to the lord of the manor.
page 37 note [p] In II Hen. VII. A. D. 1496, John Warren surrendered to Robert Knight, and others, the herbage of a parcel of land, containing one rood, for the enlargement of a common playing place; “pro architenentibus licitis, ea intentione per “dominum istius maneri ex antiquo “sic conceisum.” Tenend. per annal Reddit 2d. In the 24th of Queen Elizabeth Samuel Moteham was admitted to the herbage and pasture of the common playing place, per Redditurn 2d. “It permittendo architenentes sagittarios, et lusores villæ predictæ ibidem habere uti et gaudere Joca fua, more folito et confueto, absque impedimento feu vexatione, secundum veram intentionem predicti Johannis Warren donatoris inde.” Surrey of the Manor male 35 Eliz. A. D. 1593.
page 39 note [q] See the testaments of the two daughters of earl Alsgar, in Wotton's short View of Hickes's Thesaur. London, 1708, 4to. p. 60, 63, and Tanner's Notitia, p. 508.