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History Forum / General / British History / March 2006Understanding Text
Hello everybody, Sorry if this is a rather basic question but this is the first time I have tried to do this and I want to make sure that I have understood what I am reading correctly. Below is a copy of part of a document that is from the "Access to Archives " website. I would love somebody to tell me if I have understood what I have read correctly. The data is: FILE - Bond - ref. SAS-RB/80 - date: 6 Jul 1769 Reference: SAS-RB/80 Bond Creation dates: 6 Jul 1769 Scope and Content By Mary Booker to Mary Bushby in £960 upon Conditional Surrender of a the said premises called Dukes and Lambolds And also upon a Conditional Surrender of a barn and 12 ac.1r. of land in the Westfield, Homefield and Eastfield called Swifts, Bookers, Bakers, and late Bakers in Worthing within the manor of Broadwater And also upon a Conditional Surrender of copyhold lands and tenements containing 12ac. 1r. in Worthing held of the manor of Cokeham. Signature, Mary Booker Witnesses:- Edw. Carleton, E. Carleton junr What I understand it to mean: § Bond: I read this as an agreement to sell at a value (not a will) § Mary Booker is selling to Mary Bushby § Conditional Surrender: Seems to indicate to me that there must be another document detailing the conditions under which this sale is made. § 12 acres,1 r - I take the R to be a ROD? § Copyhold Lands. From the definition I have seen in dictionarys this is land owned (in this cae by the Lord of the Manor of Cokeham) which he sub let to Mary Booker who then sells on the rights to Mary Bushby. § Tenements. This must seem rather basic but I assume we are talking some form of cottages (again held by the Manor of Cokeham) and let out to the tennants (who then let out to sub-tennants?) § The use of the word "Surrender" seems to imply that this action wasn't voluntary. Is that reading too much into the words? If you can give whatever guidance you can I would appreciate it. > Hello everybody, > [quoted text clipped - 26 lines] > § Bond: I read this as an agreement to sell at a value (not a > will) A bond is a sum of money that is deposited as security. I read this to mean that Mary Booker is putting down a deposit on property that she will be using, probably as security against the property being in good condition when she stops using it. ... > § Tenements. This must seem rather basic but I assume we are > talking some form of cottages (again held by the Manor of Cokeham) and > let out to the tennants (who then let out to sub-tennants?) Tenement means land held in tenure. The later meaning of leased multi-occupancy accommodation is derived from that. > § The use of the word "Surrender" seems to imply that this > action wasn't voluntary. Is that reading too much into the words? Surrender simply means giving up rights in the land. Conditional surrender means that there are conditions to doing so, probably a payment of rent and the retention of some rights. Colin Bignell >> Hello everybody, ....................... >... >> § Tenements. This must seem rather basic but I assume we are [quoted text clipped - 3 lines] >Tenement means land held in tenure. The later meaning of leased >multi-occupancy accommodation is derived from that. Thanks for your reply. Another question if I may. What would be the distinction between Copyholf land and the Tenement? >> § The use of the word "Surrender" seems to imply that this >> action wasn't voluntary. Is that reading too much into the words? >Surrender simply means giving up rights in the land. Conditional surrender >means that there are conditions to doing so, probably a payment of rent and >the retention of some rights. >Colin Bignell Yes. Turns out this is part of a series of documents that look as though it is built around a will after all. Thanks for your help ... >>Tenement means land held in tenure. The later meaning of leased >>multi-occupancy accommodation is derived from that. > Thanks for your reply. Another question if I may. What would be the > distinction between Copyholf land and the Tenement? That is outside my knowledge. You could try the question on uk.legal.moderated, which tends to give more learned answers than uk.legal. Colin Bignell > ... > >>Tenement means land held in tenure. The later meaning of leased [quoted text clipped - 6 lines] > > Colin Bignell A 'copyhold' is an archaic form of tenure that now no longer exists. It roughly means a 'tenancy by agreement', or 'copy' of such an agreement. These were traditional forms that were usually part and parcel of a body of manorial rights, enforcable in a 'court leet' or manorial court. There were various types. 'Copyhold for life' meant what it said - the tenant held the land for their natural life. 'Copyhold by inheritance' meant that the tenure was passed on from father to son, upon payment of a 'fine' in the manorial court. 'Copyhold at will' meant that the tenure was upon the good will of the landowner or manorial lord, and might be revoked at any time. When land law was reformed in Vistorian times, the only kind of copyhold tenure to survive was that of the 'tied cottage' - in other words, a tenure dependent upon continuing in a particular contract of employment. Dr. Barry Worthington |
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