2nd S. VII. Mar. 12. '69.] 



NOTES AND QUERIES. 



221 



field, which contains two hundreds, the custom of 

 gavelkind prevails, and in this respect it is the 

 same as in Kent. 



County of Gloucester. 



9. Cheltenham. — The custom formerly was 

 rather extraordinary, viz. the lands of the hus- 

 band to the widow for life, and twelve years after- 

 wards, if she disposed of them ; and in case she 

 married a second husband, to him in tail ; and in 

 default of issue, to the issue of the first husband ; 

 and in default of issue of such first husband, to 

 the heirs (sub modo) of the second. This custom was 

 altered by the private act, 1 Car. I. cap. 1. and is 

 now as follows : — The widow is entitled for her life 

 to one-third of all the customary lands of which her 

 husband was seised during the coverture, and the 

 right is not affected by any alienation made by 

 the husband during his life, the wife not joining. 



10. Thornbury. — By the custom of this manor 

 the widow shall have her freebench of all such 

 customary tenements as her husband was at any 

 time seised of during the coverture. 



County of Lincoln. 



11. Barton-upon-Humber. — I believe the wi- 

 dow has some right to freebenchj if so, I do not 

 know the particular custom. 



12. Sutton Holland. — The widow has a right, 

 but I have not discovered the particulars. 



County of Northampton. 



13. Weedon Beck. — Widow entitled for life to 

 one moiety of such copyholds as her husband dies 

 seised of. 



County of Salop. 



14. Doddington, in the parish of Whitchurch. 

 — The wife of a copyholder, being either his first 

 or second wife, is entitled to have for her free- 

 bench or customary dower, from and after the 

 decease of her husband, the whole of such copy- 

 hold lands and tenements held of the manor, of 

 which her husband was at any time during the 

 marriage seised for an estate of inheritance ; such 

 wife, if she was the first wife of such copyholder, 

 being entitled thereto for life, and if she was his 

 second wife, then for the term of her widowhood 

 only; and such title of such wife cannot be bar- 

 red or destroyed by any surrender or other act of 

 her husband ; or otherwise than by a voluntary 

 surrender made by such wife ; and, if made dur- 

 ing her marriage, then after she shall have been 

 first examined by the steward of the manor apart 

 from her husband, and shall have freely consented 

 thereto. 



Elsewhere the custom of this manor is stated as 

 follows : — That the first wife shall have her free- 

 bench in all the lands the husband was ever seised 

 of during the coverture, that the second wife shall 

 have a moiety, and the third a third part so long 

 as she keeps her husband above ground. 



County of Somerset. 



15. Parsonage Manor of Burnham. — The -wi- 

 dow entitled during widowhood to the tenements 

 whereof her husband died seised. 



16. Kilmersdon. -^ The widow of deceased ten- 

 ant entitled to all her husband's copyhold lands for 

 life, which she forfeits if she remarries, or proves 

 incontinent ; but in the latter case, if she comes 

 into the next court after the transgression, riding 

 astride upon a ram, and make an open acknow- 

 ledgment in a certain form of words before the 

 lord of the manor or his steward, she is readmitted 

 to her lands without farther fine or ceremony. 

 The words are not so common as those before 

 mentioned : I therefore give them : — 



" For mine a — e's fault take I this pain, 

 Therefore, ray lord, give me my land again." 



17. South Petherton. — The widow has a right 

 of freebench ; the duration and quantity of the 

 estate I do not know, but it is dependant on the 

 husband dying seised. 



18. Taunton and Taunton Dean. — If any ten- 

 ant die seised of any customary lands or tene- 

 ments of inheritance within the manor, and hav- 

 ing a wife at the time of his death, then his wife 

 inherits the same lands as next heir to her hus- 

 band ; and is admitted tenant thereto, to hold the 

 same to her and her heirs for ever, in as ample a 

 manner as any customary tenant there holds his 

 lands, and under the fines, rents, heriots, customs, 

 duties, suits, and services for the same due and 

 accustomed. And this custom applies to a second 

 or third wife, to the prejudice of the issue under 

 a prior marriage. 



County of Southampton. 



19. Bitterne (parish of South Stoneham.) — If 

 the husband dies seised, the widow has a right to 

 be admitted to the land for her widowhood, pay- 

 ing one penny ; or for the term of her life, paying 

 half the customary fine certain. 



20. Morden. — The widow has some right of 

 freebench. 



County of Surrey. 



21. Ham ; 22. Petersham ; and 23. West Sheen. 

 — The custom prevails in these manors I believe : 

 the particulars I do not know. 



County of Sussex. 



24. Lands within the port of Rye. — The widow 

 has the same right as in gavelkind lands in Kent. 



County of Westmoreland. 



25. New Hatton. — The widow of a customary 

 tenant dying seised, on paying a heriot, holds dur- 

 ing her chaste viduity, and loses her estate if she 

 marry or have a child. And if a man die, leaving 

 a widow, and devise his estate to another, the de- 

 visee is not admitted till her d«ath, or sooner de- 

 termination of her estate. 



