ID: MARG_302

TitleCustumal West Mersea, Fingringhoe and Pete Hall 1460, 1497
AbstractTitle: Custumal of the Lordships of West Mersea, Fingringhoe and Pete Hall 1460, 1497 [Produced from a copy dated c1750]

Abstract: Custumal of the Lordships of West Mersea, Fingringhoe and Pete Hall 1460, 1497 [Produced from a copy dated c1750] transcribed from Essex Records Office document reference:D/Q 1/12

Transcription, abstract etc by Trevor Hearn March 2023

Abstract: The original copy of the customary dating from 1460 having been lost, this is a copy made circa 1750 based on the attestations of certain educated Mersea men as to the customs in force for the manors of West Mersea, Fingringhoe and Peet Hall as recollected by them all. The transcript is reasonably easy to follow and the main headings of each section are as follows:

The Usage and Custom of the Lordships of West Mersea, Fingringhoe and Peet Hall

1.   Bargains and Sales must be presented in the Court
2.   Heriots due to the Lord
3.   Dowries for Women in their Widowhood
4.   Tenements must be repaired on pain of Forfeiture
5.   Tenants may not waste resources but must keep properties in good Repair on pain of forfeiture
6.   How Fines and Amercements should be Forfeited and Void
7.   Tenants permitted to stray upon the Lords demesne ground
8.   How they shall stray their plough teams
9.   Tenants may fell and sell their Timber
10.   The Lord shall have only one Heriot for multiple Tenements
11.   Heriots due to the Lord at the Death of the Tenant or Owner
12.   Where a Man & his Wife are jointly seized of Copyhold Lands, the Lord is to have his heriot only at the death of the man
13.   No Heriots due for Term of Life to the Lord
14.   Although Lands may be in feoffment, the Heriot is due to the Lord at the Tenant's Death
15.   A Homage may make no surrender without Examination of the Lords Steward
16.   A Woman shall have no Dowries but as is aforesaid
17.   The man shall have all such lands as his Wife was seized of
18.   If the Tennant make a surrender and a Will, if they vary then the surrender is to Take Effect
19.   The Eldest Daughter only shall be Heir
20.   One Tennant may not sue another outside of Pete-hall Court
21.   Those that have only particular Estates shall pay no Heriot to the Lord
22.   The Homage may set pains and amercements at every general Court
23.   Entailed Land for certain and divers considerations to be discussed and judged by the steward and the Homage of this Court or not at all
24.   Suit-fines must be admitted by the Steward
25.   No Tenant may let his Lands to a Dweller out of the town on pain of forfeiture
26.   If any Tenant is against these Customs then he or they will forfeit their Copyhold Lands
27.   The Lord must share the advantage of admiralties of the sea
28.   A Tenant may be assigned at two Courts and pay nothing
29.   The Lord or his farmer must keep a Common Bull and a Boar
30.   No Tenants may sell part of his Tenements without License to be asked on pain of forfeiture
31.   Tenants may sell part of their Tenements
32.   All Tenants that are moved since the date of this Customary came into effect, the greatest part shall pay the Herriot
33.   Every Tenant that was moved before the Date of this Customary shall pay a Herriot at the Tenants Death
34.   The Tenants may not let any of their Land that contravenes the Custom

Tithes due to the Vicar and Parson

Under this section is a list of all the tithes due to the Vicar or Parson as recalled from memory by a number of parishioners following a dispute in 1544, when a Vicar vowed to "violate and destroy" the customs previously laid down in 1460 for alleged breaches of the customs by certain parishioners. The Court found in favour of the parishioners and the customs were re-established in this document.

Transcription of the document:

Page 1
1   [In the margin: West Mersey] The Usuage Cutome and Customary of the Lordships of
2   West-mersey Fingringhoe and Pete-Hall in the County of
3   Essex used Time out of Mind of Man for the Customary
4   Tennants of the said Lordships being Triparted Indented
5   Renewed Made and Continued Openly in the Court,as
6   Well by Mr Richard Wylles Warden of the Colledge
7   of Higham Farrys in the County of Northampton Lord
8   of the same Mannors Lordshipps in the Right and
9   Title of the said Colledge as by the Assent & agreem[en]t
10   of all the Whole Tennants of the said Lordshipps
11   that is to say at the Court Holden at Pete-hall, the
12   Tuesday next after Whitsunday in the 12th year of
13   King Henry th[e] seaventh by the Advice & Councell of
14   Thomas Bonham Esq then being Bayliffe of the said Lordshipps
16   1520
17   [In the margin: Bargaines and sales must be presented in the Court] First that every Tennant may make a Bargaine [Sale ?]
18   Alienac[i]on Lease for Terme of Years or Surrenders of his
19   Lands or Tennem[en]ts Customary as well out of the Court
20   as in the Court & allsoe make Feoffies in his said Lands
21   to be named with him in his Coppies or that is to be
22   made or done in presence of the steward of the Court
23   or in the presence of the Bayliffe or his Deputy and
24   Two Other Tennants to Witness the same, or else to be
25   void, & the same Bargaine Sale Alienation Lease or
26   Term of Years or surrenders to be preserved in the next
27   Court - Or at the second next Court-day by the homage,
28   so that the Lord may know his Tennants and have his
29   Fines Fealties & suite of Court, paine of forfeiting of
30   the same Lands or Tennem[en]ts to the Lord
31   [In the margin: 2 Harriots due to the Lord] Alsoe after the Death of Every Tennant seized of any
32   Land Customary in his own Right in fee or in feetaile
33   the Lord shall have his best Beast in the name of a
34   Harriot whatsoever it be Horse Oxe Cow sheep swine Pigg
35   Goose Cock or Hen and if the Tennants have not a Beast
36   Then the Lord to have no Harriot

Page 2
1   [In the margin: 3 Dowries for Women in their Widdowhood] Allsoe if any Tennant die sole seized of any Coppy-
2   hold Lands in fee simple or fee-taile without any
3   surrender makeing thereof that then his Wife to have
4   all his Lands that he soe died sole seized off, Dureing
5   her Widowhood for her free bench
6   [In the margin: 4 Tennem[en]ts must be repaired on pain of forfeiture] Allsoe every Tennant is bound to Repair his or their
7   Tennem[en]ts Cottages and Buildings now at this present time
8   Builded without any Wast doeing, on pain of forfeiting
9   of the same Lands and Tennem[en]ts so being in decay.
10   Except such Houses that may Lawfully fall Down and
11   be in decay by the Discretion of the Steward, Bayliffe
12   and homage in the Court to be presented for a License
13   for the same.
14   [In the margin:] 5 Tennants may do no wast but must keep them in Repairation on paine of forfeiture] Allsoe that no Tennant for Term of Life nor term of
15   years, Doe any Extripment nor wast in their Coppyhold
16   Houses nor Wood without License but be bound to Repair
17   their Tennem[en]ts and Cottages on paine of forfeiture of
18   his possession title and interest to him in Reversion
19   Revester or Remainder
20   [In the margin: 6 How fines and Amercements should be forfeited and void] Allsoe that all Fines & Amercements of the Court
21   & leet be assessed by the Lords Steward & by his deputie
22   & two or three Tennants of Every Lordshipp after the
23   Old usuage & Custom that is to say after the last Court
24   of the year and to be assessed after the old presidents
25   and so to be paid
26   [In the margin: 7 Tennants shall stray or common upon the Lords demeane Ground] Allsoe that every Tennant or his Farmer dwelling
27   within any of the said Lordshipps may or shall stray
28   upon the Lords Demeane-Ground with as much of
29   his own Cattle as his Land may sustain & keep
30   Winter & Summer except plowed Lands, from St. Giles [NOTE 1]
31   day unto [Christ]mass Day paying for a horse or a Cow
32   1d & for a Bullock 0b and from [Christ]mass to
33   Candlemass to pasture their sheep upon the said Lords
34   demeane and to pay nothing therefore

NOTE 1: St Giles Day = 1st September

Page 3
1   [In the margin: 8 How they shall stray their plow Teames] Allsoe if any Tennant stray his plow Team, or any
2   draught Beast, then he shall come to the Lords Barns
3   or Manner place & care a Journey of Land in Wheate
4   season & another Journey of Land in Oat season and
5   he to have his Meat and drinck of the Lord or of
6   his Farmer
7   [In the margin: 9 Tennants may fell and sell their Timber] Allsoe that every Tennant may fell and sell his Timber
8   upon his Coppyhold keeping Repairations of his Houses
9   without any License to be asked of the Lord or his Officers
10   except Tennants for Term of Life, Tennants at Will
11   and Tennants for Term of Years.
12   [In the margin: 10 The Lord shall have but one Harriot for divers Tennements] Allsoe if a Tennant have divers Tennements Harriotable
13   and Dye the Lord shall have but one Harriot for them
14   all, but the Lord shall have Fines for Every of Them
15   of him That shall have them
16   [In the margin: 11 Harriots due to the Lord at the Death of Tennant or Owner] Allsoe if There be two or three joynt Tennants of Coppyhold
17   Lands & every of them seized in their own Right the
18   Lord shall have after the Death of Every of them a
19   Harriot but no Fines till after the Death of the last
20   Liver or Survivor of them.
21   [In the margin: 12 The Man & his Wife jointly seized of Coppyhold Lands the Lord to have his harriot but at the death of th[e] man] Allsoe if the Baron and the Female be jointly seized of
22   Coppy-hold Lands if the Female dye the Lord shall have no
23   Harriot, by her death, But if the Baron dye, the Lord then
24   to have his Harriot Maintained after his Death
25   [In the margin: 13 No Harriots due for Terme to the Lord] Allsoe the Lord shall have no Harriot after the Death
26   of any Tennant haveing state or Issue in his Lands, but
27   for Term of Life, but allways after the Death of
28   Tennants seized in fee or in feetail as is aforesaid
29   [In the margin: 14 Though Lands be in feoffment the Harriot is Due to the Lord at the Tennants Death] Allsoe if a Man seized with Other unto his use and Dye
30   then the Lord shall have his Harriot after the Death
31   of the Very Tennant being Very Owner of the Lands
32   unto whose use the Other be seized off.

Page 4
1   [In the margin: 15 A Homage may make no surrender without Examination of the Lords Steward] Allsoe a Woman being Court Baron shall make no
2   \will/ or Surrender nor Gift of her Lands but
3   she shall be sole Examined by the Lords Steward
4   of the Courts or under Steward
5   [In the margin: 16 A Woman shall have no Dowerys but as is aforesaid] Allsoe a Woman shall have noe Dower of Noe Lands
6   Nor Tennements that were her Husbands during the
7   Coverture but her free=bank as is aforesaid that is to
8   say as long as shee keepeth herself unmarried
9   [In the margin: 17 The man shall have all such lands as his Wife was seized of] Allsoe a Man shall have all such Lands and
10   Tennemants as his Wife was seized of in fee-simple or in
11   fee-tail During the Espousalls had between them, Wether
12   that he have any Child by her or Noe, for Term of
13   his life without Wast or Extripment Doeing therein
14   keeping the Rapairations of the Houses.
15   [In the margin: 18 If the Tennant make a surrender & a Will if they Varie the surrender to Take Effect] Allsoe if any Man or Woman Dye sole seized or Otherwise
16   without any surrender making Lawfully That then his Eldest
17   Son or Eldest Daughter shall be his or her heir, but if the
18   Lands be in feoffment or so that any Person be inFeoffed
19   with them in the Lands, and if he maketh a Will of the
20   same Lands and no surrender That then the Lands to pass
21   according to his Will, and though the said Lands be in
22   Feoffment if he make a surrender, and Will allsoe if his
23   Lands Articlo Mortis and the will & surrender Doe
24   Varie, or the one Contrary and Varie To the Other
25   then the surrender to take Effect before the Will
26   [In the margin: 19 The Eldest Daughter only shall be Heire] Allsoe that No Inheritance be shifted between females
27   but the Eldest Daughter or Kinswoman only to be Heire
28   of the Coppy-hold lands within These Lordshipps, and
29   all such heires, and all other unto whome any such
30   Lands shall descend, Remain revert Come to or be given
31   shall by the Lords Lycense Enter into all their Coppy-
32   hold Lands and Tennements at the age of 15 years
33   and take the benefitts thereof to their own use and behoofe.
34   But none of them shall Deport Sell or make surrender

Page 5
1   [In the margin: The Lord to have the Moiety of the Lands of the Infant dureing his Minority] nor Gift nor make Will of the said Lands till they be of
2   the full age of One and Twenty years. And before the Age
3   of fifteen Years the Lord to Commit The Rule & Custodie
4   thereof in soe Age Tenor. And the Lord to have the
5   Moiety of the said Lands : Till the Heire Come to her
6   said Age of fifteen Years & the Gardian of the Child the
7   Other Moiety for keeping of the Child Without wast or
8   Extripment Doeing of the same
9   [In the margin: 20 One Tennant may not sue another out of Pete-hall Court] Allsoe that One Tennant may not sue another Tennant out
10   of Pete-hall Court for Debt Trespasse Difference or any
11   Other Action Determinable in the said Court under the
12   demands of 40s but to have their Recovery There and if any
13   Defendant be Lawfully Warned and Distrained in any
14   Action at the suit of the Plaintiff and make default at
15   two Severall Court Days then he to be Condemned at the
16   Third Court day by Default, and Judgment thereof to be
17   given, and Execution thereof to be awarded at the same
18   third Court except some Reasonable Cause shall require
19   the Contrary to be Judged by the Discretion of the Steward
20   then for the time being
21   [In the margin: 21 They that have but particular Estates shall pay no Harriot to the Lord] Item Provided that such Tennants as have but
22   perticular Estates as for Term of Life, Term of Years, and at
23   Will, or Tennant by the Courtesie of England, or Women
24   haveing Estate for Term of Life with their Husbands, or
25   Widdows for free-bench shall pay no Har[r]iot to the Lord after
26   Their Death
27   [In the margin: 22 The Homage may set paines and amercements at every generall Court] Allsoe the Homage may present and set Amercements
28   and paines at every Leet, or at every general Court holden
29   at pete-hall for all Manner of Trespasses Offences or Common
30   Anoyances done within any of the said Lordshipps to prejudice
31   Anoyance and hurt of the Lord and his Tennants of the said
32   Lordshipps by their said Custom and Customary used time
33   out of mind of Man
34   [In the margin: 23 Intailed Land for
35   Certain and divers Considerations to be Discussed and Judged by the
36   steward and the Homage of this Court or Els not.

Page 6
1   [In the margin: 24 Suit-fines must be admitted by the Steward] Allsoe that No Tennant be Admitted to his suit fine but
2   by the Steward in the Court and for Certain reasonable
3   Considerations or Els not
4   [In the margin: 25 No Tennant may Lett his Lands to a Dweller out of the town paine of forfieting] Allsoe That no Tennant Lett his Lands unto a
5   Dweller out of the Town where the Lands Lyeth to
6   farm if any Dweller within the Town will have that,
7   and give as much as a Stranger doth give, and will-give
8   and put him in as good sureties for payment of the
9   same, paine of forfieting of the same to the Lord if
10   it be presented in the Court.
11   [In the margin: 26 If any Tennant be against these Customes then he or they forfeit their Coppyholds] Allsoe if any Tennant be against any of these
12   previlledges Liberties Usuages Custom or Customaries of
13   these Lordshipps That then he or they to forfeit Their
14   Coppyholds to the Lord if it be presented in the Court
15   by the Homage
16   [In the margin: 27 The Lord must share the advantage of admiralties of the sea] Item that the Lord shall have all manner of
17   advantages of the admiralties of the sea within his
18   Towns of West mersey Fingringhoe and Pete-hall and
19   the finder of any Wrack of the sea to have the one
20   half thereof or Like Advantage after the use of the
21   Admiraltie Court
22   [In the margin: 28 A Tennant may be assigned at two Courts and pay nothing] Allsoe that no Tennant may Assigne another at
23   every Court that is to say one Tennant may at two Courts
24   together without any money paying to the Lord or
25   steward but if the Tennant so assigned at two Courts
26   one next after the Other, and after make Default
27   at the Third Court then next to be kept then he to
28   be Amerssed by the Court for his Default at ix d or
29   nine pence
30   [In the margin: 29 The Lord or his farmer must keep a Common Bull and Boar] Allsoe that the Lord or his farmer at every of
31   these Towns of West mersey and Fingringhoe doe
32   yearly keep a Common Bull and a Boar for the
33   easement of the Tennants

Page 7
1   [In the margin: 30 No Tennants may sell part of his Tennements wth.out License to be asked paine of forfieture] Allsoe that no Tennant doe sell any, or Otherwise sever
2   his Tennement that is to say any part of the Land that is
3   parsell and belonging or Lay'd unto any Tennement, house yyyyy   or Cottage Customary being at this time belonging to or is
5   lay'd unto any House as aforesaid without License of the
6   Court to be asked before, paine of forfeiting the same if it
7   be presented by the Homage
8   [In the margin:] 31 Tennants may sell part of their Tennaments] Allsoe it shall be lawfull unto every Tennant
9   Alien and sell part of his Tennaments by License of
10   the Court
11   [In the margin:] 32 All Tennants that be shifted since the date of this Customary th[e] greatest part shall pay the Harriot] Allsoe if any Tennant be hereafter shifted and severed,
12   that the greater part and Moiety Thereof to be Chargeable
13   unto the Lord for the Harriot after the Tennants Death
14   And The other part and Moiety to be Contributary
15   unto the first Aforesaid Moiety for the said Harriot and not
16   be Chargeable of Harriot unto the Lord for the same
17   Moiety
18   [In the margin:] 33 Every Tennant that was shifted before the Date of this Customary shall pay a Harriot at the Tennants Death] Allsoe Every Tennant that have shifted and severed
19   before the date hereof each Tennant part thereof to be
20   Chargeable unto the Lord for any Harriot after the
21   Tennants Death soe that no part thereof be Contributary
22   to the other part.
23   [In the margin: 34 The Tennants may not lett their Land that troubleth the Custome] Allsoe Every Dweller being no Tennant that
24   will not doe and be Ordered after this Customary that
25   then no Coppyhold Tennant to Lett him any Land to
26   farm within any of these said Towns
27   forfieting of the same if it be presented
28   finis

Page 8

First column:
1   The true Custom
2   of West Mersey
3   A true Custome of all Parsonage
4   and Vickerage Tithes and Rights of
5   the Parish of West Mersey from the
6   Reign of King Edward the fourth
7   in the Year of our Lord God
8   1460 as followeth
9   A Rowle made of the
10   true payments of All Tithes Due
11   and payable within the Compass
12   of the Stroode in the Parish
13   West-Mersey for Parsonage and
14   Vicarage Tithes and Rights by Custom
15   there Used and allways allowed
16   from time to time without Mind
17   of Man, and by reason Divers of
18   our Lands lieth without the said strood
19   and Mixed within the Usuage &
20   bounds of Other parrishes there
21   unto adjoining and therefore those
22   Lands Compellable to the Custom
23   of the place as they lye, as it
24   Appeareth most plainly by this
25   Custom here under writting being
26   found in Divers Books of Recconing
27   and payments between the
28   parishioners of West Mersey and
29   their Parsons and Vicars for all
30   Tithes payable by the Custom
31   with their Allewes from time
32   to time from the Reign of
33   King Edward the fourth
34   Anno Dominie 1460

Second column:
1   And by reason of a Great
2   Controversie Descending between
3   a Parson in East-Mersey and
4   Parishioners for their Custom in
5   the year of our Lord God 1544
6   Vowing and pretending to Violate
7   and Distroie all Customes for
8   payments of Tithes saying he
9   would Tithe Cheeses and milke
10   to be payed within the Compass
11   of the Strood in Both the parishes
12   of East-Mersey and West-Mersey
13   Which was proved false by a
14   Verditt given against him in
15   that behalf, and thereupon Divers
16   Ancient Parishioners and Dwellers
17   in These Parishes and thereabouts
18   of the Age of threescore years
19   and above whose names are
20   hereunder written did testifie
21   the truth of the same upon their
22   sacred Oathes for the true
23   payment of all Tithes according
24   to their Custom with their Allewes
25   from time to time without mind
26   of man
27   Whereupon these parties hath
28   sett down their own Testimonies
29   Knowledges and Reportings of
30   their fore-fathers Concerning and
31   Avouching all the Articles and
32   Branches hereunder Written for
33   to be the true Custom of
34   West-Mersey and Witnessed by
35   Richard Fookes Robert Fookes
36   Nicholas Midelton John Feild
37   Robert Gooding Thomas Wilson
38   William Finer

Page 9

First column:
1   1 Tithe Grasse
2   The Parson of West-Mersea is to
3   have the Tithe of Grasse Growing in
4   Meadows or Pastures to be Mowen
5   Strown and Cocked in Grass Cocks
6   at the Charge of the Owner in
7   Consideration of our Allew the Owner
8   takeing the Ninth-Cock or part and
9   Leaveing the tenth to the parson to
10   be Carryed away Immeadiately after

11   2 Tithe Corne
12   The Parson of West-Mersey is to have
13   Tithe of all Corne and Grain growing
14   in fields mowen shorne or maked in
15   Consideration of our Allews to be paid
16   in sheaf, steach, or shock, or swarfe,
17   according as the residue is Carried the
18   Owner takeing the Ninth sheaf, stetch,
19   or part and leaveing the tenth to the
20   parson to be Carryed away within
21   four and twnety hours after.

22   3 Whitage
23   The Vicar in west-Mersey is to have
24   for every Cow that is fedd and
25   Milked till Lammasse Day four pence
26   half-peney and for every farrow Cow
27   two pence half-peney & for every Bullock
28   of the first Calf two pence half-peney
29   to be paid to the Vicar at Easter
30   for the whole Year by Custom

Second column:
1   4 Tithe Calves
2   And every parishioner within
3   the said Strood that keepeth ten
4   or seven Milch-keine and the
5   Calves falling good there, the Vicar
6   hath one of them Either the tenth
7   or the seventh at a Month of age
8   and all that fall under seven
9   the parishioners pay for the falls of
10   every such Calfe good if They sell
11   it or, if they kill it, or weane it,
12   and breed \it/ forth for the Yoake or for
13   the Dairie one peney
14   which Dischargeth the bullocks
15   of Arbidg untill they be further
16   growen unto Other proffits, and
17   so likewise the Vicar payeth to
18   the parishioners were he Taketh a
19   Calf of 7th Three-pence back
20.   to the Owner by Custom

21   5 Dry Bullocks
22   If any Dry Bullock be fedd and
23   not for Dairie nor Draught
24   and sold within the parish, or
25   without for flesh or Other, so that
26   the Vicar hath had no proffitt
27   thereby then the Vicar, shall
28   have for the Arbidge of Every
29   bullock two pence by Custom

Page 10

First column:
1   6 Tithe Wool of Feed sheep
2   For the Tithe of sheep that is feed
3   within the parish from before
4   Candlemass untill the month of
5   sheare-time the Vicar is to have
6   the tenth part or pound of Wool to
7   be delivered Immediately after the
8   owner hath Weighed over his Wool
9   but if any sheep be sold before the
10   month of shear time then the Vicar
11   is to have for Every such sheep one
12   half-peney by Custom

13   7 Tithe Lambs
14   And wheresoever in this parish
15   there falls ten or seven Lambs, good
16   till May-day, There the Vicar hath
17   one of them, the Owner takeing the
18   first two, and then the Vicar the
19   third, so the Owner Taketh seven more
20   to make up those ten, the Owner
21   begin again as aforesaid so long as
22   there is seven of the Company, by
23   Custom, and allso the Vicar hath
24   one half-peney for the fall of Every
25   Lamb under seven, and so he Reloweth
26   to the parishioners when he Taketh one
27   out of seven to be paid at May
28   day or shortly after.

29   8 Allewes for sheeps Milk
30   And the Vicar is not to have any
31   Tithe of, or for, the Milk of sheep,
32   in Consideration that the parishioners
33   doth deliver the third Lamb as
34   aforesaid and allso have keept the
35   Tithe Lambs untill May Day be
36   it one Month, or two, or three,

Second column:
1   from time to time
2   satisfaction and allewe by Custom

3   9 Tithe Piggs
4   And the Vicar is to have the
5   tenth or seventh of Every Fare of Piggs
6   falling good in the Parish the Owner
7   takeing first two and the Vicar the
8   third, when the Owner putteth by or
9   killeth for his Meat. And one half
10   peney for the fall of Every Pigg under
11   the Seventh, and so the Vicar
12   alloweth to the Owner when he
13   taketh one out of Seven.

14   10 Tithe Geese
15   And the Vicar is to have the Tithe
16   of Geese being breed in the parish
17   of Every ten or seven, he hath one
18   of them at Lammass Day in
19   Consideration of Our Allewe or a
20   half-peney for every one that falleth
21   good under seven, and so the Vicar
22   Alloweth for Every one above seven
23   to the Owner.

24   11 Tithe Fruite
25   And the Vicar is to have the
26   Tithe of Apples and Peares and
27   Gardens growing in Orchards and not
28   Else, where if there be any sufficient
29   quantity then he is to have the tenth
30   Bushell or Baskettfull

31   12 Grounds Feed without
32     profitt to Parson or Vicar
33   And if any holdeth or Occupieth

Page 11 First column:
1   any Grounds within the parrish of West-
2   Mersey, and yieldeth noe fruit, stipend
3   Rates, Rights, nor Customable benifitts
4   to Parson or Vicar, Every such party
5   shall pay to the Vicar, for his Tithe, after
6   Eight-pence in the Noble.

7   13 Bees
8   And if any parishioner driveth a
9   [Hive? - tear in parchment] of Bees haveing any Honey
10   Therein then the Vicar is to have a
11   Comb for his Tithe and not
12   Otherwise
13   14 Allewes for profitt not paid in
14     proper kinde by Custome as
15     Rakeings Coults Arbidges of
16     Cornfield Greenes
17   And neither Parson or Vicar is to
18   have, nor at any time hath had in
19   Consideration of our allowes any Tithe
20   of the Rakeing of Barley, nor any
21   Tithe of the Grass of Cornfield greens
22   being in Breadth but the Teames Length
23   plow and all, nor for the falls or Arbidges of
24   fallows, nor for the falls or Arbidges of
25   any Coults Which are brought up for
26   sadle or Draught, nor no Tithe for the
27   Arbidges of Horses, Oxen, Young steers,
28   Heifers or Bulls after their falls being
29   breed for the Maintaining of tillage
30   or other increasses in Consideration
31   the service of such beasts are and hath
32   been allways a full satisfacttion and
33   allew to Parson and Vicar for their
34   Arbidges, time-without mind of Man
35   by Custom

Second column:
1   15 No Garden Fruits
2   And neither the Parson nor Vicar is
3   to have, or at any time hath had
4   no Tithe of Green Peascods gathered
5   for Meat, nor of Garden pease or Beans
6   nor of any other Commodity Growing
7   within any Gardens whatsoever being
8   but sufficient for the diett of [the? - tear in parchment]
9   parrishioners and their familyes, whose
10   Labour and Industries in the Increasing
11   of other Tithes & Duties hath allways
12   been a sufficient allewe and satisfaction
13   by Custom

14   16 No Tithes of Wood, Furze,
15     Bushes, nor Broom
16   And neither Parson nor Vicar hath
17   had nor is to have any Tithe of Wood
18   Furze, Bushes, nor Broom in Consideration of
19   the Grounds so fenced & cleansed, reneweth
20   much greater Commodities and profitt
21   and that the tenth parts of Woods, Furze,
22   and Bushes, & Broom, hath been used
23   and expended allwayes about the tenth
24   part of the Parsons & Vicars Commodities
25   & for the Nessesarie expence of all
26   the parishioners & their families. Only
27   excepted one inclosed ground-wood
28   Lying within the Manner of Pete
29   whose endeavours & Labours of the
30   parishioners above said extendeth
31   allways about the bennefitt and
32   increasing of the Parsons & Vicard
33   Commodities in Tilling & seeding,
34   fencing cleansing & inclosing and so
35   keeping those grounds and divers other
36   Commodities which redown, To the
37   greater bennefitt of Parson or Vicar
38   the Which service hath allways been

Page 12
First column:
1   in sufficient allowe & full satisfaction
2   of all manner of Wood (except the
3   Wood before excepted) Furze, Bushes, &
4   Broom with divers other necessaries
5   never paid in proper kinde

6   17 Tithes of Lockes Morts
7     Nor Slaughter-sheep
8   [line illegible]
9   [???] since hath had no tithe of
10   Locks of Wool remaining after the
11   winding, nor of the underlockings of
12   any sheep, nor for any mort sheep
13   or other slaughter sheep, in Consideration
14   of Washing shearing & winding, and
15   allsoe the diligent tending of the
16   whole flock which have allways
17   been a sufficient allewe for those
18   [line illegible]

19   18 Noe Personall Tithe
20   And the Vicar never had nor is
21   to have no tithe of the clear Gaine
22   of that which any parishioner
23   getteth by bargining or handycraft
24   or any other practice as fishing
25   fowleings or whatsoever in Consideration
26   that all such persons & Cottages doe
27   pay their Oblations & Rights to
28   their Church which hath been
29   heretofore a sufficient allewe for
30   those parishioners, Time out of
31   mind of Man by Custom

Second column
1   19 Noe Mortuaries
2   And no Mortuaries to be paid
3   after the Death of any parishioner
4   within the parish by Custom.

SourceMersea Museum