Saturday 12 October 1661
In bed the greatest part of this day also, and my swelling in some measure gone. I received a letter this day from my father, that Sir R. Bernard do a little fear that my uncle has not observed exactly the custom of Brampton in his will about his lands there, which puts me to a great trouble in mind, and at night wrote to him and to my father about it, being much troubled at it.
18 Annotations
First Reading
vicente • Link
Interesting ?:"...little fear that my uncle has not observed exactly the custom of Brampton in his will about his lands there..." any clues to this comment, why should Sam be anxious if he followed protocol and the Law.?
Alan Bedford • Link
"...my swelling in some measure gone."
For those of you with medical interest or morbid curiosity, it sounds a bit like a varicocele: http://www.testicle-pain-symptoms…
(Thanks to Jesse's citation yesterday for the lead.)
Wim van der Meij • Link
No visiting Doctors of Medicine for Sam!
Fortunately the 'swelling in some measure gone'; maybe Sam has an inkling what had caused the discomfort, otherwise, would he have called for a doctor?
A. De Araujo • Link
"my swelling in some measure gone"
Varicocele means varicose veins in the scrotum; in general not painful and he had terrible pains 2 days ago.
Peter • Link
Wim, Dr Tom Pepys came round yesterday. I wonder if that was no accident and if there was a quick consultation?
JonTom Kittredge • Link
The custom of Brampton
Vincente, I hope that someone versed in medieval property law will give an us authoritative answer, but my guess is that has something to do with these lands being copyhold, rather than freehold. Some of the property in the will is already at risk because his late uncle did not seem to have the necessary documents from the manorial court. Is Brampton the name of the feudal manor that this property belongs to? Maybe the "custom of Brampton" refers to the protocol of the manorial court.
Philip • Link
"... the custom of Brampton in his will about his lands there...."
A last will and testament by its nature can not be verified as to the testator's intention, or even that he executed the instrument, by the usual means of obtaining the maker's testimony. Consequently, some details, such as its manner of execution and verification by witnesses are often strictly observed. The "custom of Brampton" I think would refer to local practice with regard to some particular of this nature, but could also refer to the language used in the grant to the beneficiary or the exclusion of the widow, or some such detail. Pepys is apparently concerned that the deviation might be used to attack the will's validity or effectiveness or give the competing heir-at-law a point of advantage in negotiation. As I recall, Tomalin mentions that the matter of Brampton drags on for several years.
Mary • Link
"the custom of Brampton"
refers specifically to "about his lands there" and not to the process of making the will. I'm with JTK here: Uncle Robert's will has dealt with these copyhold lands in some way that does not scrupulously adhere to the manorial preconditions for the granting and disposing of copyhold rights.
Glyn • Link
Is it true that contemporary Native Americans had no concept of the ownership of land, or is that just my misunderstanding? It may seem irrelevant to this discussion, but I don
BradW • Link
contemporary Native Americans
A recent book out on New Amsterdam (Dutch New York) suggests that while Atlantic coast Native Americans did not recognize land ownership, they were keenly aware of hunting rights on land, and probably thought of the sale of Manhattan Island in terms of bartering off hunting rights. Crop agriculture was a fairly recent import to the Atlantic tribes in 1660 (well, in the last few centuries), and given time might have changed the tribes' concept of land ownership to resemble Europe's.
The bigger shock for the Potowatomies or Massapequas would probably have been the detailed written records Englishmen kept on just about any trivial point. Symbolic writing was not unknown in pre-Columbian America, but idea of detailed wills for every property-owning male being argued over at death would have left them dizzy.
A.Hamilton • Link
"idea of detailed wills for every property-owning male being argued over at death would have left them dizzy."
The modern lament is that society has become destructively litigious, a complaint that goes back at least as far as Dickens. This complaint, on the evidence of Sam, has an even longer history.
A. De Araujo • Link
"destructively litigious"
Richard the third thought so too,thence lets destruct all the lawyers.
Second Reading
GrannieAnnie • Link
Linking to BradW's comment:
American Indians may not have recognized land ownership but they quickly seemed to get used to the idea when they learned handing over land ownership could buy them sought-after items. Henricus Jacobsen Falconbre, a Danish settler, had learned the local Indian tongue. As early as 1677, he was employed by the Quaker Commissioners of West New Jersey, to act as an interpreter in negotiations with the natives. Deeds for three immense tracts grew out of these negotiations, and the Indian deed for lands in the Delran area was signed September 10, 1677, permitting the Europeans to occupy the acreage between “midstream of Rankokus Creek and midstream of Timber Creek.”
This ancient deed was signed by the Commissioners on the one hand and by the marks of Indian chieftains “Katanas, Sokappie, Enequato, Rennowighwan, and Jackickon” on the other. They were given: “Thirty blankets, 150 pounds of powder, thirty ‘gunns,’ thirty kettles, 7 anchors of brandy, 36 rings, 100 fish hooks, 1 gross of pipes, 10 spoonfuls of paint, 30 each of small bows, bells, knives, bracelets, tobacco “toungs’, flints, looking glasses, Jews harps, and awl; thirty pair of stockings, thirty pair of ‘sissurs’ and 46 fordone and Duffelds – whatever they were (N.J. Vol. B early deeds). Pepys would probably have loved dealing with such a quick and simple system of land transfer without lawyers involved.
Terry Foreman • Link
"the custom of Brampton"
Mary's view seems closest to how L&M interpret this: The custom of the manor, by which the descent of the copyhold tenures was controlled.
Third Reading
San Diego Sarah • Link
"... the descent of the copyhold tenures was controlled."
A village without a "town hall" would logically use the local manor as the safest neutral place to store legal documents.
Bryan M • Link
"the custom of Brampton"
Wikipedia provides some useful background on Copyhold tenures and the role of the manor:
"Copyhold was a form of customary land ownership common from the Late Middle Ages into modern times in England. The name for this type of land tenure is derived from the act of giving a copy of the relevant title deed that is recorded in the manorial court roll to the tenant; not the actual land deed itself. The legal owner of the manor land remained the mesne lord, who was legally the copyholder, according to the titles and customs written down in the manorial roll.
... The specific rights and duties of copyholders varied greatly from one manor to another and many were established by custom."
https://en.wikipedia.org/wiki/Cop…
Back in July SP was concerned with finding the "surrenders" for the properties:
"When copyhold land is conveyed from one person to another, it is surrendered by the owner to the lord, who by his payment of the customary fine makes a new grant of it to the purchaser. The lord must admit the vendor’s nominee, but the form of the conveyance is still that of surrender and re-grant." 1911 Encyclopædia Britannica/Copyhold
https://en.wikisource.org/wiki/19…
San Diego Sarah • Link
The property deeds for Graveley were held at "the manor court" and Pepys paid for them to be found and reviewed. I imagine much the same system holds for Brampton. There are three known places where this manor court could have been.
https://www.pepysdiary.com/encycl…
https://www.pepysdiary.com/diary/…
San Diego Sarah • Link
I'm right: Sir Robert Bernard as Lord of the Manor of Brampton was also Steward of the Manorial Court. He was also the Recorder of Huntingdon. He would know where the deeds were.
My citations both have spoilers, so you could just take my word for it.
https://www.pepysdiary.com/encycl…
https://www.pepysdiary.com/encycl…
This annotation says Sir John Bernard succeeded to Brampton Park in 1666, so that's probably where Sir Robert currently resides.
https://www.pepysdiary.com/encycl…