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Information from the Barwick cum Scholes
Manorial Records
Widows' Rights

Barwicker No. 117
March 2015



Pasted (image above) into the front of the Barwick and Scholes Manorial Court Book which covers the period 1746 - 1776 is the following printed document:
Cases within the Mannor of Barwick
Cum Scholes Copy hold Court, to prove that the
Widows of Copvholders, shall have a Third part
Of their Husbands Copyhold Estates : But if a Copy-
Holder and his Wife do Sell their Land and the
Wife be Examined by the Steward according to
Custom their, it Barrs the wife of having the
Third part of her Husbands Lands, after his Decease
During Her Life.


The document then lists 8 cases to prove this which are:

Widow Settle has had the thirds of her husbands estate paid her in money this 40 Years. Witness Tho. Settle

Widow Haigh who married a widow of a copyholder, had the third part of her first husbands estate paid unto him during his Wife's Life. Witness Will, Haigh

Widow Hardcastle has the third part of her husband's estate paid unto her, and has had it about 20 years. Witness Joseph Silkston and Joseph Haigh

Mrs Briggs had the third part of her husband's estate paid her in money during her life. Witness Will Collett

Edward Knapton 's wife had the third part of her husbund 's estate set out/or her about 20 years since, after her husbands decease, her husband having sold his land in his wife's life time. Witness Tho. Knapton

Marv Vevers had the third part of her husband's estate after she married her second husband during her life. Witness Will. Vevers

Mary Taylor the widow of John Taylor has the third part of her husband's land set out for her estate and has had it for about 27 hours. Witness Will. Collet and Tho. Settle

John Glover (who was Rich. Glover's son) paid Anne Glover, his mother, the third part of his father's estate as long as he lived. Witness John Brookes

Note, the actions to recover the third part of the land for the widows must be brought in the Lords Court Baron of the Manor for no other ways at law is the third part of her Lands to be recovered. And when the Widow has recovered the third part of the lands, must be set out by the Jury and Bayliff. And that the Probate of Wills and granting of Administrations of intestate estates of all persons dying within the Manor ought to be proved before the Steward of the Court of the said Manor and the Administrations to be Granted by him.


The document appears to date from after the 1720's and probably around the mid-1740's to tie in with the date of the Court Book.

A copyholder was the owner of land held by copy of the Court Roll of the Manorial Court of Barwick cum Scholes, the Lords of the Manor being at this time. the Gascoigne family. Much of the land within Barwick and Scholes was covered by the Manor court and called copyhold land.
Every transfer of Manorial land whether a sale or inheritance had to be transacted through the Manorial Court and the Lord paid a cash sum (called a fine).
In many Manorial Courts the usual rules of inheritance presided with primogeniture (the eldest son inheriting following the death of his father) but in 'Barwick cum Scholes' provision was made for limited widow's rights with a 1/3 of her husband's land during her lifetime.
In most circumstances widows would anyway live with one of her children as the normal situation but for some reason, currently unknown. within our Manor it was felt that extra legal protection was required for widows.
I suspect there was a case of a widow who was abandoned by her children. despite the family holding Manorial land and her upkeep then became the responsibility of the Parish.
DAVID TEAL


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