1680s : Account of courts and tenures in the manor of Soulby

Update on Sunday, January 15, 2012 at 7:30PM by Petra Mitchinson

1680s. ACCOUNT OF COURTS AND TENURES IN THE MANOR OF SOULBY. A document stating the MUSGRAVEs’ case regarding tenancy issues in the Manor of Soulby. A bit aged with some weak folds. 12” x 7”. The document itself is not dated, but from the contents appears to be from the early 1680s during the baronetcy of Sir Richard MUSGRAVE (3rd Bart.). An Acct of Tenure of Solby Tenants & Courts Held abt 1650 to 1660 ———————— | | | 0 4 N. 15 ~~~~~~~~~~~~~~~~~~~~~~~ 1651: A Court holden by Richard BURTON Admited at this Court Indenture Tennants Henry LAW { Tho: BELL of Hartley an Indentor Tennant of Soulby nomd. { Humphray BELL of Soulby nominated in Soulby Scedule 1654: A Court holden by Henry HUTTON divers costomary Tennants And James LANGSTAFE by Indenture; Soulby 1656: A Court by Sr. Thomas WHARTON. 1660: A Court holden by Gervas [?] NEVILE, Severall Tennants admited according to the custome of the manr. Noe fine payed by these Tennants at the death of the severall admiting Lords, butt declared that it was their costome to pay no generall fine till the death of Sr. Philip, who had the last generall fine and was the last generall Admiting Lord, this acknowledged & assigned by Sr Philip, on the Ld. part, and the Jurys of this Ldship in behalfe of them selves and their Tennents to prevent future diferants that might arise by these admitances under severall Lords the like and for the same end and jntention was by Musgraves Tennants. The aincent custome of the Arbitrary Tennants of Crosby is not know~ to dif~are from either Soulby or Musgrave nor the Indenture ones, from the Indenture of Soulby: being both in the same Indentter [?] included in the same words virbatum, difering in nothing but that the names are anexed to the same deeds in two scedules for more order, and that their names might be ye easilear found then if they were confusedly mixt togither in the same scedule : The reason in ye Indentor given that there were questions and – ¦ – – debaits betwixt Sr. Philip MUSGRAVE & his Tennants conserning their costomary estate and their Arbitrary fines upon the desire of ye Tennants, and upon the the consideration of twenty years rent, did rectifie and confirme the said estates, yt they should according to ye words of the Indenture enjoy the said Message and Tennements, farmes, & hereditements, & hereditory estats, and according to the rents, payments, bounds, services, fines, & costomes hereafter mentioned, and in such sort as here in or in the said Scedule intended is set downe and expressed. In the same Scedule expressed because by this Indenture for the consideration afore mentioned the fines wch. wear Arbi= trary before, wear a certon to eight years rent, and payable at ye change of ye Tennants, by death & allination, and in the words of the Indenture, yeilding and paying for in the names of their fines, and Gressoms upon ye death only of every Ld for ye time being his heir being at ye age of one and twenty ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ And that severall bounds services and dues were cut off That there is yet living of Soulby party of the Indenture That it appears that no alteracon is by the Indenture but [rubbed out] of their aincent estates, but a confirmation ye advantage being only incerton in the fine to eight years rent and cuting of some services; that it is owned at Soulby to be their aincent costome, both by Arbitrary and Indenture ones only to pay a fine at ye death of the generall admiting Lord. And therefore did refuse to pay any upon the death of these severall admiting Lords, that those who refused held the Arbitrary ones by the same costome the Indenture ones by the same Indenture that those of Crosby hold by, who had likewise answered to at Court holden at Soulby; for Soulby & Crosby yt there has been no change by death of Ld. till ye death of Sr. Philip, but there was an allienation Ld. upon which it is supposed they will pay none. That Sr. Richard agreed in oppinon wth. his father, that for some debts wch. was to be payed rather then to Scall [?] either of the demanes Hartley and Edenehall to think of some other way Crosby was ye way way that was thought on, but in this Sr. Philip had but an estate for life, wch. would not discharge the said debts, his son had the estate in revartion, who for preserving the said domains was willing, knowing the benefit of the said Lordship dureing his life to satisfie what that would reach too, what he had in revartions, which he hath done by the payment of these debts, having a kindnesse for the said Tennants and loth to have them sold to a stranger though the present rents being to smale, yt they payed little above halfe use. And by the refusall of severall good profers out of a desire to keep them, and it might be added the good useage of them in their fines is domnified about halfe ye price, which he would never have done if he could a foreseen this from them besides the ill Influence it may have then to the hasard of troublesome sutes to his postirity after him for preventing of which he is resolved to be at cost of a tryall, which he questions not but to recover, if not to part with them;