Held at: | Hereford City Library |
Reference: | Local Collection |
Source: | Transactions of the Woolhope Naturalists’ Field Club, 1900 |
Title: | Guest Contribution: Manorial Customs in the County of Hereford |
Place name: | Ewyas Lacy, Llancillo, Rowlestone |
Date: | 1900 |
Description:
At the end of the 19th century Henry Child Beddoe J.P. was a long established Hereford solicitor with an office at 37 Bridge Street and a home address in Castle Street. He was an Alderman of the City Council, he held many public offices including, County Treasurer; Secretary to the Lord Bishop of the Diocese; Steward of the Custos and Vicars; Steward of the Manors of Lugwardine, Marden and Cradley; Steward of the Ecclesiastical Commissioner’s Manors; and Chairman of the Municipal Charity Trustees. For some years he was Honorary Treasurer of the Woolhope Club and its President in 1899 -1900. In his Address to the Club, given on the 26th April 1900, he chose to speak about the Manorial Customs in the County of Hereford.
His address is transcribed here.
MANORIAL CUSTOMS IN THE COUNTY OF HEREFORD.
By H. C. Beddoe,
President of the Woolhope Naturalists' Field Club.
I should mention that there were and are in this County a great many Manors of which customary Estates were and are holden, but owing to the numerous enfranchisements which have during the last 40 years taken place of the copyhold or customary estates some of the Manors exist only in name. I will commence first with those Manors which formerly belonged to the See of Hereford, as being I think the most extensive, but which now under the provisions of the Statute, 3 and 4 Victoria, c. 113, are vested in the Ecclesiastical Commissioners.
The Bishops of Hereford were Lords at one time of the following Manors, all in the County of Hereford, viz.: - Barton and Tupsley, Barton in the Fee, Eaton Bishop, Holmer and Shelwick, Hampton Bishop, Whitbourne, Bromyard and Bromyard Foreign, Froome Bishop, Bosbury Colwall and Coddington, Eastnor and Ledbury. The Ecclesiastical Commissioners are still Lords of all the before-mentioned Manors except Eastnor and Ledbury, the Manor of Eastnor having been exchanged in or about the year 1750 in pursuance of an Act of Parliament for lands in the parish of Little Marcle, and the Manor of Ledbury having apparently many years ago been alienated, but in what way I have been unable to ascertain. In addition to the Manors of which the Bishops of Hereford were Lords, the Dean and Chapter of the Cathedral Church of Hereford were and are Lords of the following Manors, viz. : Woolhope, Canon Pyon, Preston-on-Wye, Norton Canon, and Newton. Attached to each Prebend in the Cathedral of Hereford was a Manor, but the whole of the copyholds held of these Manors, of which the Ecclesiastical Commissioners also became the Lords, have now been enfranchised.
There are several other Manors in this County of which customary estates are holden, and amongst them are the. following: - English Huntingdon, Cradley, the Rectory of Cradley, Orleton, Ledbury, Eardisley Borough and Eardisley Foreign, Fownhope, Winforton, Pulley, Clifford, Kentchurch cum Llanhithog, Kenderchurch with Howton, Llancillow with Rollston, Llangua, Marden, otherwise Mawardine, Lug-wardine, Pembridge, and Ross.
MANORS OF THE SEE OF HEREFORD.
The customs and law of descent in the various Manors differ very much and in some instances are rather peculiar. In the Manors which formerly belonged to the Bishops of Hereford, and of which the Ecclesiastical Commissioners are now Lords, viz.: - Barton and Tupsley, Bromyard and Bromyard Foreign, Bosbury Colwall and Coddington, Eaton Bishop, Froome Bishop, Hampton Bishop, Holmer and Shelwick, and Whitbourne, the law of descent is as follows : - In the Manors of Barton and Tupsley, Hampton Bishop, and Holmer and Shelwick, the youngest son is the customary heir, and in default of issue male the youngest daughter is the customary heir, and in like manner in default of children, the youngest brother might become the customary heir or the youngest sister. In the other five Manors, viz. : - Bosbury Colwall and Coddington, Bromyard and Bromyard Foreign, Eaton Bishop, Froome Bishop, and Whitbourne, the eldest son is the customary heir, and in default of issue male the eldest daughter is the customary heir. There is no co-heiress-ship in either of the above-mentioned eight Manors. The customary estates in these several Manors are of inheritance, the fines are arbitrary but limited to two years' value. The lords are entitled to a heriot of the best beast or best chattel on the death of every customary tenant who dies seized of a customary messuage or meese place These heriots are usually compounded for, the sums varying from one guinea to twenty-five guineas. The lords are also entitled in these Manors to the timber and the minerals. A customary tenant has no power to demise his customary lands for more than one year without license from the lord. The widow of a deceased copyholder or customary tenant is entitled to be admitted to her freebench for the whole of the customary property of which her husband died seized on payment of 1d. fine, provided she claims her freebench within a year and a day from the death of her husband. She holds her freebench so long as she remains chaste, sole and unmarried. I have, however, found instances where the Lord of the Manor has granted licenses to a widow to marry again without losing her freebench. It should be mentioned that the freebench would entitle her to receive the whole of the annual income of the customary lands of which her husband died seized.
MANORS OF THE DEAN AND CHAPTER OF HEREFORD.
In the following Manors, viz. : - Woolhope, Canon Pyon, Preston-on-Wye, Norton Canon, and Newton, of which the Dean and Chapter are the lords, the copyholds are of inheritance and the fines arbitrary. The common law of descent prevails, except that where there is no male heir the customary lands descend to the eldest daughter in exclusion of her sisters, there being in these Manors no co-heiress-ship. The lords are entitled to heriots on the death of a tenant of £1 6s. 8d. or the best beast at the election of the lords, and these heriots are also due on alienation of the property. The lords also are entitled to the mines and minerals, and the tenant has no power to demise his lands for more than one year without license from the lord, but no fine is payable to the lords on the grant of the license. The widow of a deceased copyholder in these Manors is not entitled to freebench.
HEREFORD CATHEDRAL PREBENDAL MANORS.
In the different Manors formerly held under the different Prebendaries of Hereford Cathedral the copyholds were of inheritance, the fines arbitrary. A heriot of the best beast or chattel was also due on the death of a tenant seized of a messuage or meese place. The common law of descent prevailed except that when there was no male heir, the eldest daughter then became entitled to the exclusion of her sisters, assuming there were any, there being no co-heiress-ship in these Manors. The lords of these various Manors also claimed the timber and the minerals. The widow of a deceased copyholder was not entitled to freebench.
MANOR OF ENGLISH HUNTINGDON.
In the Manor of English Huntingdon, of which Mrs. Clara Homfray is now the lady, the copyholds are of inheritance, and the fines are fixed. The lord is entitled to a heriot of the best beast or best chattel on the death of a tenant. The common law of descent prevails, and the lord does not claim either the timber or minerals, and there is no restriction as to the tenant demising his lands. The widow of a deceased copyholder is also entitled to her freebench, but pays no fine on her admission.
MANOR OF CRADLEY.
In the Manor of Cradley, of which the Trustees of the late Mr. Richard Yapp are now the lords, the copyholds are of inheritance, the fines are arbitrary, but the lord is not entitled to heriots. The common law of descent prevails. The lord does not claim either timber or minerals, and no restriction is on the tenant as to demising his lands. The widow of a deceased copyholder is entitled to her freebench, the fine on admission being nominal.
MANOR OF EARDISLEY.
In the Manor of Eardisley Borough and Eardisley Foreign, of which Mrs. Sophia Perry Herrick is now the lady, the copyholds are of inheritance. The fines are fixed at various amounts, but cannot exceed two years' value. The lord is not entitled to a heriot on the death of a tenant in Eardisley Borough, but is entitled to a heriot in Eardisley Foreign on the death of a tenant, but this heriot is usually compounded for at from three to five guineas. The common law of descent prevails. The lord claims the timber upon the waste or common lands of the Manor, but does not claim the timber on the customary lands held by the tenants, nor does he claim the mines and minerals lying under the copyhold lands. There is no restriction as to the power of a tenant to demise his lands. The widow of a deceased copyholder is not entitled to freebench.
MANOR OF FOWNHOPE.
In the Manor of Fownhope, of which Messrs. Underwood and Steel are the lords, the copyholds are of inheritance, and the fines arbitrary. The lords also are entitled to heriots of £1 6s. 8d. or the best beast at the election of the lords, and these heriots are due both on death and on alienation. The common law of descent prevails except that where there is no male heir the eldest daughter is entitled to the copyholds to the exclusion of her sisters, there being no co-heiress-ship. The lords also claim timber and minerals, and a tenant has no power to demise his lands for more than one year without license from the lords. In this Manor the widow of a copyholder is not entitled to freebench.
MANOR OF LEDBURY FOREIGN.
In the Manor of Ledbury Foreign, of which Lady Henry Somerset, Mr. Michael Biddulph, Mr. James Saville Henry Miles, Mr. W. A. H. Martin and the Rev. George Woodyatt are lords, the copyholds are of inheritance, but no fine is paid on admission. The lords are not entitled to heriots, nor do they claim timber or minerals. The common law of descent prevails. The widow of a copyholder is entitled to her freebench, and there is no restriction as to the power of a tenant to demise the copyhold lands.
MANOR OF ORLETON.
In the Manor of Orleton, of which Mr. Archibald Henry Blount is lord, the copyholds are of inheritance, the fines are not arbitrary, but are practically fixed, the customary heir on his admission paying one year's copyhold rent only as a fine, but on other admissions three years' copyhold rent is paid as a fine. The lord is entitled to a heriot on the death of a tenant of the best beast or chattel which can be taken anywhere, either within or without the manor, and a heriot is due in respect of every separate copyhold holding. The law of descent is in accordance with the common law. The lord does not claim either timber, mines or minerals, and the tenants can demise their copyhold lands without license from the lord. The first wife of a deceased copyholder is entitled to her freebench on payment of 1d. as a fine, holding the lands for her life, provided she continues chaste and unmarried; but the second wife of a deceased copyholder is only entitled to her freebench in the event of her deceased husband leaving no issue by his first wife. In this manor the first husband of a deceased customary tenant is entitled to hold the copyholds of which she dies seized as tenant by the courtesy and on payment of a penny fine and of a heriot on his admission. In the event of a customary tenant, being a widow, marrying again, her second husband would be entitled on her death to be tenant by the courtesy provided she had no issue by her first husband, and on payment of one penny fine on his admission, and of a heriot.
MANOR OF WINFORTON.
In the Manor of Winforton, of which Mrs. Margaret Jane Dew is lady of the manor, the copyholds are of inheritance, the fines arbitrary and the lord is entitled to heriots. The custom of descent is as at common law, and the widow of a copyholder is entitled to her free-bench. The lord claims timber, mines, and minerals.
MANOR OF TITLEY.
In the Manor of Titley, of which Mr. E. H. Greenly is lord, the copyholds are of inheritance, the fines fixed. The lord is also entitled to a heriot of the best beast on death, which is usually compounded for. The law of descent is as at common law, except that there is no co heiress-ship, the eldest female becoming entitled to the copyhold property in the event of there being no male heir. It does not appear that a widow is entitled to her freebench in this manor.
MANOR OF CUBLINGTON.
In the Manor of Cublington, of which Mr. Chandos Brydges Lee Warner is lord, the copyholds are of inheritance, the fines arbitrary, and the lord is entitled to a heriot where there is an ancient messuage and buildings. The law of descent is in accordance with the common law. A tenant is unable to demise his lands without license from the lord, and the widow of a copyholder does not appear to be entitled to her freebench. The lord claims both timber, mines and minerals.
MANOR OF KINGSLAND.
In the Manor of Kingsland, of which the Right Honourable Lord Bateman is lord, the copyholds are of inheritance, the fines fixed being 1d. less than the annual quit rent in respect of the property, and heriots of the two best beasts are due on the death of a customary tenant in respect of some, of the customary estates, and in one instance the court rolls show that the bailiff seized two red bulls as heriots, and in another instance that a black and brindle bull had been seized in satisfaction of one heriot. The law of descent appears to be in accordance with the common law. The lord claims the timber, mines, and minerals, and the tenant would appear to have power to demise his lands without license. The widow of a copyholder is entitled to her freebench, paying a fine of 1d. on her admission to each separate tenement, and holding the copyhold lands so long as she remains chaste and unmarried.
MANOR OF LUGWARDINE.
In the Manor of Lugwardine, of which Mrs. Burdon, of Newcourt, is the lady of the manor, the copyholds are of inheritance, the fines, which are small, are fixed. A heriot is due on the death of every customary tenant dying seized of a messuage or meese place. The heriot is the second best beast, or for want thereof the second best moveable. The common law of descent prevails. The widow of a deceased copyholder is entitled to her freebench on payment of a fine of one penny. The lord claims timber, mines, and minerals, and the tenants cannot demise their lands for more than a year without license.
MANOR OF MARDEN.
In the Manor of Marden, otherwise Mawardine, of which Mrs. Harriett Abiah Hill is now the lady of the manor, the copyholds are of inheritance and the fines fixed, being about
2s. 3d. a customary acre. There are no heriots. The common law of descent prevails, except that there is no co-heiress-ship, the eldest daughter inheriting in the event of there being no male heir. A widow of a deceased copyholder is entitled to her freebench, and on payment of 1d. fine on her admission. There is no restriction on the demise of the copyhold.
MANOR OF LLANCILLOW WITH ROLLSTON.
In this Manor the customary estates appear to be of inheritance. There also appear to have been freehold tenants, and that on the death of any one of these freehold tenants there became due to the Lord of the Manor as a heriot the second best beast, but if the freehold tenant did not possess any animal then the lord was entitled to a sum of money called the relief, being double the amount of chief rent paid in respect of the property, and that on the freehold tenant alienating his property a like relief became due to the lord. There seemed to be an objection on the part of the homage to any person keeping goats, as certain persons were presented for keeping goats, and were fined and amerced, in the sum of 2d, and at a Court held in 1801 the homage presented that a certain footbridge was out of repair, and as there appeared to be a doubt who was liable to repair it, they required the parties, Messrs. Gilbert and Jenkins, to try such question at law. The common law of descent appears to have prevailed. A widow would not appear to be entitled to claim her freebench.
MANOR OF KENDERCHURCH WITH HOWTON.
The custom of this manor appears to have been for the lord to grant the customary estates for the term of 99 years at a small quit rent, taking a fine on every fresh grant. There appear to have been disputes from time to time as to the terms on which these fresh grants should be made, but these were eventually settled on the terms of a payment of five years' value as a fine, over and above all chief rents, heriots, and other accustomed services. The lord claims the timber, except such as is required for the repair of the copyhold or customary premises. The lord is entitled to a heriot on the death or surrender of every tenant of the second best beast, but these appear to have been compounded for in various sums. In some instances a heriot appears to have been due on the decease of the tenant of certain of the copyhold estates of the best beast, or 10s., at the election of the lord, upon the decease, recease, or surrender, and certain freehold properties also appear to have been liable to a small chief or quit rent. In one case a heriot was payable of the best beast, or £5 in money in lieu thereof, at the election of the lord on the death, release, or surrender of the copyhold tenant, Licenses to demise copyholds were granted by the lord but no fine appears to have been paid for these licenses
MANOR OF LLANGUA.
The custom of this Manor appears to have been to demise the customary estates for a term of 99 years, on the same terms and conditions as the last-mentioned Manor of Kenderchurch and Howton. At a court held in 1650, the homage, according to the custom of the Manor, made an equal division between two ladies - co-heiresses of customary estates which had descended to them. The homage assigned a certain portion of the dwelling-house, buildings, and land to one of them, and the remaining portion of the house and buildings and land to the other, the result being that each of these ladies obtained possession of the entirety of the property so apportioned to her. The common law of descent prevails in this Manor. The lord is entitled to a heriot of the best beast (or in some cases £5 in lieu thereof) on the death of any customary tenant, and in one case it is stated that a brown ox was taken as the heriot. In this Manor the lord appears to have been entitled to the timber on the lord's waste, as in the year 1708, John Sanders having fallen two timber trees on the lord's waste, was ordered to make full satisfaction and payment to the lord for the worth of such trees. The lord granted licenses to demise the copyholds, but without receiving any fine for such grant.
MANOR OF KENTCHURCH CUM LLANITHOG.
The common law of descent appears to prevail in this Manor. The freehold tenants of the Manor appear to have paid a yearly chief rent and a heriot became due to the lord on the death of every such tenant of the second best beast. The customary estates appear to have been granted for a term of 99 years on payment of five years' value as a fine and subject to a small reserve rent and to a heriot of the second best beast on the death of every customary tenant. The lord of this Manor is entitled to the timber on the customary estates as is shown by the presentment of the homage at a court held in 1780, that if a copyhold tenant falls timber or cuts off or lops the head of any timber tree it is a forfeiture of his copyholds, unless such timber be used in repairing the buildings belonging to his copyhold estate and taken by assignment of the lord. The lord granted licenses to demise the copyhold lands. The widow of a deceased copyholder is not entitled to freebench.
MANOR OF EWYAS LACY.
In this Manor the customary estates were of inheritance. The fines on admission were to be reasonable. The law of descent was in accordance with the common law. The lord is entitled on the death of a tenant dying seized of a customary messuage to a heriot of the second best beast, or if there is no beast there to 5s in lieu thereof - and on the death of a freehold tenant to 5s. only in lieu of a heriot, except within the Borough of Longtown, where 4d. only is paid in lieu of a heriot.
INCIDENTS OF CUSTOMARY ESTATES.
At the various courts leet and courts baron held for the manors of which the Bishops of Hereford were formerly lords, the homage took many matters into their consideration, and made presentments accordingly. For instance, at Courts Leet held for the manor of Brom-yard they laid a pain of 39s. upon all victuallers and innholders that did not sell full measure, and also a pain of 39s. on any person washing or brushing clothes in the street. They also appear to have acted as sanitary inspectors, as they presented people for washing sheep skins in the brook running by the town and presented " all butchers that keep unwholesome meat or blow the same, and lay a pain of 10s. on them," and also they presented a man for laying " a miskin" in the street. They also appointed searchers and sealers of leather and ale tasters, and also constables. They appear also to have acted as the road surveyors, as I find an instance where they presented a man for erecting a sash window in the front of his dwelling house, causing the same to encroach about 9 inches into the street and being a public nuisance, and they laid him under a pain of 39s. 11d. if he did not remove the encroachment within 40 days.
The Customary tenants of the manors belonging to the See of Hereford appear to have been liable to forfeit their estates under various circumstances, such as falling timber without license, opening quarries and taking the stone without license; and some instances occur where they forfeited their estates " for wearing the liveries of gentlemen, contrary to the ordinance made in all the manors at the law days holden in the first year of King Richard the Third." The customary estates also became escheated to the lord on the death of a customary tenant without leaving any known heir, and in the case of a customary tenant being illegitimate dying intestate and without leaving lawful issue. In one case the property was escheated for " that the tenant was a natural fool," and in another case; “for that the tenant hanged himself," and also where the tenant was Convicted of felony. In the case of a man rescuing cattle in distress for the lord or breaking open the pound he was liable to a penalty of £3 0s. 1d. The cases of escheat to the lords have been very few in recent years.
My experience extends for more than 50 years, and during that time I am only aware of two instances where property has escheated to the lords for want of a tenant - the one case was that of a bastard dying intestate and without leaving any lawful heir, and the other case was where a tenant died intestate without issue, but leaving a widow who claimed her freebench, which she held for many years, and at her death the husband's heir could not be discovered.
At a Court Leet held for the manor of Clifford in 1679, the homage commanded that the inhabitants of the manor should within one month after that court make and provide a ducking stool; and in 1683 presented Samuel Thomas for a badger for badging oats, buying and selling them against the statute; and in 1685 they presented the township of Clifford for want of a stocks in good order and also for want of a whipping post, and they commanded the said township to put the said stocks and whipping post in sufficient order before the 1st day of August then next under pain of 39s. 11d.
There are probably other manors in the county of which customary estates are holden, but I think I have dealt with all the principal manors in the foregoing observations.
In conclusion I must thank you very heartily for the honour you did me in electing me as the President of your Club for the past year and for the kindness and consideration shown me during my year of office. I must also express my great obligations to your Honorary Secretaries, Mr. Hutchinson and Mr. H. Cecil Moore, for the ready help they have always afforded me, and to Mr. James B. Pilley, the Assistant Secretary.
On the motion of the Dean, seconded by Sir James Rankin, the Retiring President was heartily thanked for his services during the year and his able address.
Observations:
His list of the Manors of Herefordshire is not exhaustive.
It is of interest to note that the Manor of Llancillow [Llancillo] and Rollston [Rowlestone] is separately detailed from that of Ewyas Lacy.
Reproduced from the Transactions of the Woolhope Naturalists’ Field Club with the permission of the Central Committee
Ref: gc_ewy_2022