desirable and shown to any, who were so likely to expect and to find it
as the clergy? But however this point may really be, it appears evident
that the tenants of this manor have, from the earliest times to which we
have the means of resorting for information, enjoyed many unusual rights
and immunities, and that their services were, in many respects, far from
being so base and servile as those of the strictly feodal tenant.
“When it was that disputes first arose between the lord and tenants
concerning their respective rights is not, I believe, known with
certainty; but it appears that in the time of Mr. Maijor many of the
lord’s claims were complained of by the tenants as usurpations; as, on
the other hand, many of theirs were by the lord as new and uncustomary.
But it was in vain then for the tenants either to resist the lord’s
pretensions or to assert their own; such being Mr. Maijor’s power and
interest with the Cromwellian Government as to enable him, as they well
knew, easily to defeat all their efforts. In justice, however, to Mr.
Maijor, it should be mentioned that he acted, in one instance at least,
with great liberality towards the tenants; as by him it was that the
customary personal services were commuted for pecuniary payments—an
exchange which could not fail of being peculiarly acceptable to them, as
they were not only relieved by it from a service they considered as a
grievance, and performed reluctantly, but had the prospect of being in
the end great gainers by it. But though by this concession on the part
of the lord some ground of discontent was removed, yet disputes and
animosities still continued to subsist with respect to other customs; and
no sooner was Mr. Maijor dead, and the Cromwell family dispossessed of
its power, than the tenants laid aside their fears and renewed their
opposition. The circumstances of the times being now in their favour, it
might perhaps have been expected that they, in their turn, should
establish all their claims without contention. The case, however, was
quite otherwise, as neither Mrs. Cromwell nor her son would tamely forego
any one of their supposed privileges—on the contrary, Oliver defended
them in the true spirit of a Cromwell, and relinquished none but such as
the decisions of a jury, which were more than once resorted to, deprived
him of. In this state of strife and litigation things continued until
the year 1692, when most of the principal tenants concurred in a
determination to appeal to the Court of Chancery. A bill of complaint
was accordingly presented to the Court, stating their supposed
grievances, and soliciting its interference. Several hearings and
trials, ordered in consequence of this application, for the investigation
of the disputed customs, then ensued; after which, though not till more
than six years had elapsed, the Court finally adjudged and decreed the
customs of the manor to be, and continue for the future, as they here
follow:—
Public-domain text, read in full here on John Shaqi.
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