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The Custom, Roll and Rental of John de Assheton. Tempus, First of Henry the Sixth. A.D. 1422. - Law and Order.

"A Copy of an old Manuscript"

"possessione Jonae Harrop de Bardsley"

"Anno 1749"

"Nunc possessione Ralf Assheton, Bar. de Middleton."

Taken from James Butterworth's book 'History and Description of the Town and Parish of Ashton-under-Lyne' first printed in 1823.

The Tenants-at-will of the said Lordship of Assheton, have taken their holdings and their places XX (twenty) Winter Termes; as it is afore rehearsed, and in this form, that if any of the tenant or tenants list not hold their nor their holdings, within their terme that they sit in, and they like to give up their places or their holdings at the Martinmas; the Lord shall receive them at the Martinmas next after; with this, that the said teneant or tenants leave their places, their houses, and their closes, able as they ought to be, and their land in the field as able and as good, a tenant for to take, as it was their taking, in the beginning of their terms of years, and they do not, it shall be overseen, and the houses and the closes shall be overseen by four or six men sworne, the which shall be taken by the Lord and his officers. And they shall sett, by their consciences, what would repair the houses and closes, and, if the Lord belikes, he shall take that money that is sett, and repair the houses and the closes. And if the Lord like not to do so, the tenant that is to come shall take it, and if him like, and, if he like not, the four or six men sworne shall take the money that they have sett, and repair the houses and the closes; able as they ought to be repaired. And this rule and custom shall be had when ever any tenant removes, be it within the terme, or at the terme end. And as touching the Land that lies to the place, these four or six men shall sett by their conscience, what they hold the land worse yearly a tenant for to take, than it was the taking of the tenant that removes, and as many years as is behind of this terme, of so mickle (much) shall the tenant that removes answer the Lord if he removes fro his place within his terme, according to the sum sett by the sworne men. But it shall be well understanden, that if the tenant hold his land unto the terme, and remove unto another place at the terme end; the houses and the closes shall be seen in the form as is beforesaid, but the land in the ffields shall not be seen or sett as is before rehearsed; unless the teneant by fraud and upon purpose, crede his land of miss and unreasonably, or done to his holding other diverse harme upon malice and for evil will.

Also, the tenants-at-will of the said Lordship, shall multer at the sixteenth vessel, and go to none other milne, but to the Lord's milnes, and which of them that is found guilty of going to any other milne, they shall be highly amerced, and make fine at the Lord's will; and the free tenants that oghen soken (that owe soken, ie that are obliged to take their corn to the mill), to the milne, shall multer as their chartours will, and as they have been accustomed of old time. And the free tenants, and the tenants-at-will, shall give the milner his service at all time, as it has been accustomed aforetime always, and if there be any default of the milner's service, that may be proved lawfully, he shall be punished highly by the Lord at his Courts, as the law and the customs will, and as been used aforetime. And the customs of the milne shall be kept, every man to keep his grist (corn that has been ground into flour) as has been used aforetime, and when the Lord's corn come to the milne, he shall put all men out of their grist, and take their corn out of the hopper if any be therein. And his corn shall be ground next at all times before all men, when it comes to the milne, without multer or paying service to the milner, but at his lyst if he likes, and curtasy, to give to the said milner.

The free tenants of the Lordship of Assheton have granted to John of Assheton, Knight, for to be Infeoffed in the Hall mote of Assheton, after the customs and the burgales of the aforesaid town, to term of their lives out taken, that they will not swear upon the Inquest between the tenants-at-will at the suit of the party, but they will swear between free tenants and tenants-at-will, that is to witt, six of the free tenants, and six of the tenants-at-will. And also, between the Lord and free tenants, and the tenants-at-will. And also, the aforesaid free tenants and all tenants, graunts, for to hold the Ordinances the Customs before-time made and used, and the which afterward are to be made by the grant of them, to the Lord's profit and the tenants aforesaid. And the foresaid free tenants, and the tenants-at-will of the Manor of Assheton, grants to John of Assheton, Knight, that if any of them be convicted by Inquest of any trepass done to others in his beginning, and of his own wrong, that then the Lord of the Town, by his Bailey, shall distrain him by his goods by Great Distresse, unto the time that he have amended it reasonably to the party grieved. And also to the Lord of the trespass, at his will, and the trespasser have goods within the Lordship. And if that he have none, then the Lord of the Town, or his Bailey, shall take him with strength of the foresaid free tenants and tenants-at-will, and sett him in the stocks unto the time that he have amended unto the party grieved, and to the Lord.

And also the grant of the aforesaid free tenants and tenants-at-will, and all that dwells in the foresaid town, that if any man of any other town or towns, come within the foresaid town, for to do any harm to any residents within the town, that anon all tenants and residents foresaid, within the foresaid town shall rise with their neighbours, to take and arrest the foresaid trespasser unto their power, after that they be warned by their neighbours, or by the Lord's Bailey, or by any man. Fro that time that there be knowing of such a misdoer. And if any of the foresaid tenants and residents refuse to do so in the form of foresaid, then will all the tenants and the residents that afterward of that deed, or any of them, be convicted in the Lord's Court by Inquest, that he so convicted shall give to the Lord forty shillings, within fifteen days then next following, and that the Lord's Bailey shall raise the forfeit, forty shillings, of the goods of them that are convicted. And also they grant, that if any of them resette or maintain any strange man after that day, knowing that he have done trespasse to any tenant or resident aforesaid, within the towne aforesaid, then he shall give to the Lord of the Town, forty shillings, of his goods to be raised by the Bailey in the town aforesaid, after that he be convicted by the Inquest.

And also the tenants-at-will grant to the foresaid John of Assheton, Knight, that if any of them were rebel, and would not be justified after the Custom and Ordinance of the foresaid town, now made and before time used, that then he shall lose the term of his lands to the foresaid, and shall be removed out of the Lord's land and the parishe of Assheton. And the foresaid John, grants to the foresaid tenants-at-will, that if there be any free tenants that will not be justified after the Custom and Ordinance of the foresiad town, that he shall not maintain him or help him, but he shall remove him out of his service, and he shall lose his Love. Also, the foresaid tenants and residents, will grantyn, that if there be any fighter among them, the which shall fight with another in his beginning, after that he be convicted by Inquest, then he convicted, shall give to the Lord half a marke for the first time, and if he will not be chastyed by that, the second time he shall give to the Lord a mark, after that he be convicted by the Inquest; and if he will not be chastyed by that, the third time he shall give to the Lord twenty shillings, after that he be convicted by the Inquest, to be raised by the Lord's Bailey.

Also, they give and grantyn, that if there be any tenant or resident within the foresaid town, that they have resetted after he convicted by the Inquest, shall amend it to the party grieved, and he shall give to the Lord the pains sette upon him as before is written.