Thomas Tunbryge v. Thomas Smyth of Bayford, husbandman and Thomas Carter of Hertford, laborer : Michaelmas term, 1539

Transfers of copyhold land took place by surrender of the tenure into the hands of the lord to the use of the grantee, whereon the lord of the manor granted to that grantee. This case came to issue on whether the plaintiff, the remainderman of a copyhold tenement, had surrendered his remainder into the hands of the abbot to the use of the predecessor in title of Buk, the person for whom the defendants worked. The copyhold life tenant finally died in 1538; the abbot granted to the heir of the person for whom the surrender had been made; that grantee within about a year had surrendered further to the use of Buk. The pleadings made no reference to the Statute of Uses even though surrenders were made “to the use of” another; moreover, the abbot still had to make the grant in 1538: the Statute of Uses did not automatically put the remainderman into possession. As has traditionally been thought, despite the identity of language, the Statute of Uses did not apply to copyhold tenures.

[IMG 1001] Hertfordshire. Thomas Smyth lately of Bayford in the abovesaid county, husbandman, and Thomas Carter lately of Hertford in the abovesaid county, laborer, were attached to answer Thomas Tunbryge concerning a plea why with force and arms they broke the close and house of the same Thomas Tunbryge at Hertford and depastured, trampled, and consumed his grass recently growing there to the value of 40s and overturned his property there with certain plows, whereby the same Thomas Tunbrige lost the profit of his property for a great time, and they inflicted other enormities on him to the grave damage of the same Thomas Tunbryge and against the peace of the now lord king etc. And wherefore the same Thomas Tunbrige by John Byll his attorney complains that the abovesaid Thomas Smyth and Thomas Carter on May 20 in the 31^st year of the reign of the now lord king [May 20, 1539] with force and arms broke the close and house of the same Thomas Tunbrige at Hertford and depastured, trampled, and consumed his grass recently growing there to the value etc., with his certain beasts, viz., horses, oxen, cows, pigs, and sheep, and overturned his property, viz., 5 acres of land, there with his certain plows, whereby the same Thomas Tunbrige lost the profit of his abovesaid property for a great time, viz., from August 20 in the abovesaid 31^st year [August 20, 1539] to the day of the purchase of the original writ of the same Thomas Tunbrige, scilt., September 14 in the abovesaid 31^st year [September 14, 1539] by continuing the abovesaid trespass as to depasturing, trampling and consumption of the abovesaid grass for the whole abovesaid time on divers days and times, and other enormities etc., to the grave damage etc., and against the peace etc., wherefore he says that he is worse off and has damages to the value of 10 marks, and thereof produces suit etc.

         And the abovesaid Thomas Smyth and Thomas Carter by John Ayer their attorney come and deny force and injury when etc., and as to coming with force and arms say that they are guilty thereof in nothing, and of this they put themselves on the countryside. And the abovesaid Thomas Tunbrige similarly. And as to the residue of the trespass abovesaid supposed to have been done, the same Thomas Smyth and Thomas Carter say that the abovesaid Thomas Tunbrige ought not to have his abovesaid action against them, because he says that the close and house abovesaid as well as the places in which the abovesaid trespass is supposed to have been done are and at the abovesaid time at which it is supposed that the abovesaid trespass was done were 1cottage, 1garden, 2 crofts of land containing 2 acres of land and 3½ acres of land with appurtenances in Walfeld in Brickendon in the parish of All Saints of Hertford abovesaid, which certain tenements with appurtenances are and at the abovesaid time etc., as well as from time whereof the memory of man runs not to the contrary were parcel of the manor of Brickendonbury with appurtenances, a certain Robert abbot of the monastery of Waltham Holy Cross in the county of Essex is and at the time at which etc., and long before was seised in his demesne as of fee in right of his monastery abovesaid and that the abovesaid tenements with appurtenances are and at the time at which etc., as well as from the whole time abovesaid were demissable and demised by copy of the court rolls of the abovesaid manor by the seneschal of the court of the abovesaid manor for the time being, to whatsoever persons or whatsoever person willing to take them in fee simple, fee tail, at term of life or of years or otherwise at the will of the lord according to the custom of the manor abovesaid, and that the abovesaid abbot of the abovesaid manor with appurtenances whereof etc., in the abovesaid form being seised afterwards and before the abovesaid time at which etc., scilt., at the court of the same abbot of his abovesaid monastery held at that manor on April 17 in the 30^th year of the reign of the now lord king [April 17, 1539] by a certain Humfrey Broun knight and king’s serjeant at law then his seneschal of his abovesaid manor by copy of the court roll of the same manor granted the abovesaid tenements with appurtenances to a certain Robert Buk to have to himself and his heirs at the will of the lord according to the custom of the manor abovesaid; [IMG 1002] by virtue of which grant the same Robert entered onto the abovesaid tenements with appurtenance before the abovesaid time at which etc., and was thereof seised in his demesne as of fee at the will of the lord according to the custom of the abovesaid manor; and the abovesaid Thomas Tunbrige, claiming the abovesaid tenements with appurtenances by color of a certain charter of demise made thereof to him for term of his life by the abovesaid abbot long before the abovesaid grant made by the same abbot by the abovesaid Humfrey his seneschal of his abovesaid manor to the aforementioned Robert of the abovesaid tenements with appurtenances in the abovesaid form whereas nothing of those tenements transferred into the possession of the same Thomas Tunbrige by that charter, entered onto the abovesaid tenements with appurtenances before the abovesaid time at which etc.; on the possession of which certain Thomas Tunbrige thereof the same Thomas Smyth and Thomas Carter as servants of the abovesaid Robert Buk and by his order afterwards, scilt., at the same time at which etc., entered onto the abovesaid tenements with appurtenances and depastured, trampled, and consumed then the abovesaid grass growing there with their beasts and overturned the abovesaid property on the abovesaid 5 acres of land with the abovesaid plows as well they might, and this they are ready to verify, wherefore they seek judgment if the abovesaid Thomas Tunbrige ought to have his abovesaid action against them etc.

         And the abovesaid Thomas Tunbrige says that he by anything alleged before ought not to be precluded from having his abovesaid action [IMG 1611] against them, because he says that well and true it is that the abovesaid tenements with appurtenances are and at the time at which etc., as well as from the whole time abovesaid were parcel of the abovesaid manor of Brickendonbury with appurtenances and dimissable and demised by copy of the court roll of the abovesaid manor by the seneschal of the court of the abovesaid manor for the time being to whatsoever persons or whatsoever person willing to take them in fee simple, fee tail, at term of life or of years or otherwise at the will of the lord according to the custom of that manor and that a certain [blank] late abbot of the abovesaid monastery being seised of the abovesaid manor with appurtenances in the abovesaid form before the abovesaid time at which etc., and before the abovesaid grant made by the aforementioned now abbot to the aforementioned Robert Buk of the abovesaid tenements with appurtenances in the abovesaid form, scilt., at the abovesaid court of the late abbot of his manor abovesaid held at that manor on Thursday next after the first Sunday after Easter in the 3^rd year of the reign of the now lord king by a certain Robert Saperton then his seneschal of his abovesaid manor by copy of the court roll of the same manor granted the abovesaid tenements with appurtenances to the certain William Tunbrige and Agnes his wife for term of their lives, remainder thereof after the death of the same William and Agnes to the aforementioned Thomas Tunbrige, his heirs and assigns in perpetuity to hold to the same William and Agnes for the term of their lives, remainder thereof to the aforementioned Thomas, his heirs and assigns at the will of the lord according to the custom of the abovesaid manor; by virtue of which grant the abovesaid William and Agnes were seised of the abovesaid tenements with appurtenances in their demesne as of free tenement at the will of the lord according to the custom of the abovesaid manor, remainder thereof to the aforementioned Thomas Tunbrige and his heirs in the abovesaid form etc.; and afterwards and before the abovesaid time at which etc., the abovesaid William and Agnes died, after whose death and before the abovesaid time at which etc., the abovesaid Thomas Tunbrige entered into the abovesaid tenements with appurtenances as in his remainder and was thereof seised in his demesne as of fee at the will of the lord according to the custom of the abovesaid manor until the abovesaid Thomas Smyth and Thomas Carter on the abovesaid May 20 in the abovesaid 31^st year [May 20, 1539] with force and arms broke the close and house of the same Thomas Tunbrige at Hertford abovesaid and depastured, trampled, and consumed his grass lately growing there to the value etc., with his abovesaid beasts and overturned his property there with certain plows, whereby the same Thomas Tunbrige lost the profit of his abovesaid property for the whole abovesaid time against the peace of the now lord king as he above complains against them, and this he is ready to verify, wherefore, because the abovesaid Thomas Smyth and Thomas Carter above acknowledge the abovesaid trespass done on the abovesaid tenements with appurtenances, the same Thomas Tunbrige seeks judgment and his damages by occasion of that trespass to be adjudicated to him etc.

         And the abovesaid Thomas Smyth and Thomas Carter say that well and true it is that the abovesaid late abbot at the court of the same late abbot of his manor abovesaid held at that manor on the abovesaid Thursday after the first Sunday after Easter in the abovesaid 3^rd year by the abovesaid Robert Saperton then his seneschal of his same manor by copy of the court rolls of the same manor granted the abovesaid tenements with appurtenances to the aforementioned William Tunbrige and Agnes his wife for term of their lives and of the longer liver, remainder thereof after the death of the same William and Agnes to the aforementioned Thomas Tunbrige, his heirs and assigns in perpetuity to hold to the same William and Agnes for term of their lives, remainder thereof to the aforementioned Thomas Tunbridge, his heirs and assigns at the will of the lord according to the custom of the abovesaid manor; by virtue of which grant the abovesaid William and Agnes were seised of the same tenements with appurtenances in their demesne as of free tenement at the will of the lord according to the custom of the that manor, remainder thereof to the aforementioned Thomas Tunbrige, his heirs and assigns in the abovesaid form etc., and the abovesaid William and Agnes being seised of the same tenements with appurtenances in the abovesaid form, the abovesaid William Tunbrige afterwards and before the abovesaid time at which etc., died, and the abovesaid Agnes survived him and held herself in on the abovesaid tenements with appurtenances and was thereof alone seised in her demesne as of free tenement by the right of increase etc., at the will of the lord according to the custom of the abovesaid manor; and thus being seised thereof, the same Agnes before the abovesaid time at which etc., took as husband a certain Andrew Hert whereby the same Andrew and Agnes were seised of the same tenements with appurtenances in their demesne as of free tenement in right of the same Agnes at the will of the lord according [IMG 1612] to the custom of the abovesaid manor; and the same Andrew and Agnes being seised of the same tenements with appurtenances in the abovesaid form, the abovesaid Thomas Tunbrige afterwards and before the abovesaid time at which etc., scilt., June 10 in the 15^th year of the reign of the now lord king [June 10, 1523] at Brickendonbury abovesaid outside the court of the abovesaid manor surrendered into the hands of the lord of that manor by the hands of a certain Richard Wylson then a customary tenant of the abovesaid manor the reversion or remainder of the abovesaid tenements with appurtenances that he then had in the same to the use of the abovesaid Andrew and his heirs, whereby the abovesaid Robert then abbot of the abovesaid monastery abovesaid afterwards and before the abovesaid time at which etc., scilt., at the court of the same then abbot of his abovesaid manor held there on April 10 in the 15^th year in the reign of the said now lord king [April 15, 1524] by a certain Robert Wroth then his seneschal of that manor granted to the aforementioned Andrew the remainder or reversion of the abovesaid tenements with appurtenances to have to him and his heirs in perpetuity at the will of the lord according to the custom of the manor abovesaid; and thus seised thereof the same Andrew afterwards and before the abovesaid time at which etc., died, and the abovesaid Agnes survived him; after the death of that certain Andrew the right of the reversion or remainder of the abovesaid tenements with appurtenances descended to a certain William Hert as to brother and heir of the abovesaid Andrew; and afterwards and before the time at which etc., the abovesaid Agnes died; after whose death and before the time at which etc., at the court of the same now abbot of his abovesaid manor held at that manor on March 2 in the 30^th year of the reign of the now lord king [March 2, 1538], the abovesaid now abbot by the abovesaid Humfrey Broun then his seneschal of the abovesaid manor granted the abovesaid tenements with appurtenances to the aforementioned William Hert to have and hold to the same William Hert and his heirs in perpetuity at the will [IMG 1003] of the lord according to the custom of the abovesaid manor, whereby the same William was seised of the abovesaid tenements with appurtenances in his demesne as of fee at the will of the lord according to the custom of the abovesaid manor; and thus seised thereof the same William Hert afterwards and before the abovesaid time at which etc., scilt., at the court of the same now abbot of his manor abovesaid held at that manor on April 17 in the abovesaid 30^th year [April 17, 1538] surrendered into the hands of the lord the abovesaid tenements with appurtenances to the work and use of the abovesaid Robert Buk and his heirs, to which certain Robert Buk the same now abbot then being lord of that manor by the abovesaid Humfrey Broun then his seneschal then and there granted seisin thereof to hold to him and his heirs in perpetuity at the will of the lord according to the custom of the abovesaid manor, whereby the same Robert Buk entered on the abovesaid tenements with appurtenances before the abovesaid time at which etc., and was thereof seised in his demesne as of fee at the will of the lord according to the custom of the manor abovesaid. And this they are ready to verify, wherefore they seek judgment and that the abovesaid Thomas Tunbrige be precluded from having his action abovesaid against them.

         And the abovesaid Thomas Tunbridge as before says that before the abovesaid time at which etc., and before the abovesaid grant by the aforementioned now abbot made to the aforementioned Robert Buk of the abovesaid tenements with appurtenances in the abovesaid form, scilt., at the abovesaid court of the same late abbot of his abovesaid manor held at that manor on the abovesaid Thursday after the first Sunday after Easter in the abovesaid 3^rd year, the abovesaid late abbot by the abovesaid Robert Saperton then his seneschal of the abovesaid manor by copy of the court rolls of the same manor granted the abovesaid tenements with appurtenances to the aforementioned William Tunbrige and Agnes his wife for term of their lives remainder thereof after the death of the said William and Agnes to the aforementioned Thomas Tunbrige, his heirs and assigns in perpetuity to hold to the same William and Agnes for term of their lives remainder thereof to the aforementioned Thomas, his heirs and assigns at the will of the lord according to the custom of the abovesaid manor; by virtue of which grant the abovesaid William Tunbrige and Agnes were seised of the abovesaid tenements with appurtenances in their demesne as of free tenement at the will of the lord according to the custom of the abovesaid manor, remainder thereof to the aforementioned Thomas Tunbrige and his heirs in the abovesaid form etc.; and afterwards and before the abovesaid time at which etc., the abovesaid William Tunbrige and Agnes died; after whose death and before the abovesaid time at which etc., the same Thomas Tunbrige entered in the abovesaid tenements with appurtenances as in his remainder thereof and was thereof seised in his demesne as of fee at the will of the lord according to the custom of the manor abovesaid as he above alleged, without this that the abovesaid Thomas Tunbrige surrendered into the hands of the lord of the abovesaid manor by the hands of the abovesaid Richard Wilson then customary tenant of the same manor the reversion or remainder of the abovesaid tenements with appurtenances that he then had in the same to the use of the abovesaid Andrew Hert and his heirs as the abovesaid Thomas Smyth and Thomas Carter alleged above. And this he is ready to verify, wherefore as before he seeks judgment and his damages by occasion of the abovesaid trespass to be adjudicated to him etc.

         And the abovesaid Thomas Smyth and Thomas Carter as before says that the abovesaid Thomas Tunbrige at Brickendonbury abovesaid surrendered into the hands of the lord of the abovesaid manor by the hands of the abovesaid Richard Wylson then customary tenant of that manor the reversion or remainder of the abovesaid tenements with appurtenances as he then had in the same tenements to the use of the abovesaid Andrew Hert and his heirs, as he above alleged. And of this he puts himself on the countryside. And the abovesaid Thomas Tunbrige similarly. Therefore it is ordered to the sheriff that he should make to come here on the morrow of All Souls 12 etc., by whom etc., and who neither etc., to recognize etc., because both etc. At which day here came the parties etc., and the sheriff did not sent the writ. Therefore as before it is ordered to the sheriff that he should make to come her on the Octaves of St. Hilary 12 etc., to recognize in the abovesaid form etc.