they wyll amende the grasse and to take good hede that ye suffre nouther breres nor blacke thornes nor none other maner of busshes to growe in your pastures and specially by the hedges c. ¶ Howe to amende busshy grounde mossy that hath ben errable lande of olde tyme. Cap. xxviii THere is none other remedy but to stocke and gette vp the busshes by the rotes and the landes plowed and sowen as I haue sayd before the reyst grounde if it be drie wyll bringe moche corne for the mosse wyll rote and the moole hyllockes wyll amende the grounde well And yf there be any marle pyttes that haue be made of olde tyme within the same cloyse thanÌ„e whan the landes begynne to weare if he haue nat sufficieÌ„t of suche busshye and mossye grouÌ„de to breke vp and sowe than there wolde be newe marle pyttes made the landes newe marled the whiche is moche better than outher donge mucke or lyme for it wyll laste twentie yeres togyder if it be well done and shall be the better whyle it is lande And I marueyle greatly that in the coÌ„men feldes where of olde tyme hath ben made many great marlepytes the whiche hath done moche good to the laÌ„des that nowe a dayes no man dothe occupy theÌ„ne make none other they nede nat to doute but ther is marle nowe aswell as was than but as me semeth ther be two causes why â–ª one is the tenauntes be so doutefull of their lande lordes that if they shulde marle and make their holdynges moche better they feare leest they shulde be putte out or make a great fyne or els to paye more rent And if a lorde so do me semeth he is vnresonable seyng that it was done all at the costes of his tenaunte and nat at his The seconde cause is that men be disposed to ydelnesse and wyll nat laboure as they haue done in tymes paste but passe forthe the tyme as his father dyd before hym but yet me semeth a freholder shuld nat be of that coÌ„dycion for he is in a suretie his chefe lorde can nat put hym out doyng his duetie And he knoweth well he shall take the profite whyle he lyueth and his heyres after hym and thus shulde gyue him a corage to improwe his owne the which is as good as he had purchased as moche as the improwment cometh to And one man this doyng wolde gyue other men a corage and a good example to folowe the same And all other countreis may take ensample at Chestershyre and Lancastershyre for many of them that haue so doone haue made the improwmente as good as the lande was before c. ¶ Howe a man shulde amende bâ—â—â—hye grounde that was neuer errable lande Cap. xxix YE must consyder what the grouÌ„de is disposed vnto wheder it be drie or wete or be disposed to beare woode grasse or corne If it be drie and full of grauell it is better to bere wode than outher corne or grasse If it be weate grounde it is nat good for corne but it wyll beare bothe wode and grasse But and it be a blacke erthe and drie it is good for corne and it wyll quyte the cost to stocke it vp by the rotes and to sowe it with corne And yf it be whyte cley it is moost commenly a weate grounde and than it is nat good for corne but it wyll beare bothe wode and grasse and an acre of wode is as good as an acre of corne grouÌ„de or of grasse and in some places moche better And if ye wyll encrease the sayd busshy grouÌ„de and to make more wode than bytwene Myghelmas and Martylmas ye must gader many akehornes and put them in erthen pottes for those will kepe them moyst and in February and Marche sette the sayd akehornes in the sayde busshes as thycke as ye wyll vndouted they wyll growe And also ye may gette the keys of asshes nuttes and suche other and set them in lyke maner and to kepe all maner of catell that wyll eate any wode out of the same grounde tyll it be past dauÌ„ger of catell c. ¶ Howe to amende wode grounde that lyeth in seuerall pasture Cap. xxx IF they be great olde trees if ye felle theÌ„ by the erthe there wyll neuer come any springe of them vp agayne except they haue many smalle pumples and springes about the rotes And therfore suche olde trees wolde be but lopped and cropped to beare more wode styll and if it be a good grounde to beare corne be but a fewe trees than it were best to stocke theÌ„ vp by the rotes and to plowe it and sowe it And if it be but yong wode ye may chose wheder ye wyll shrede it loppe it or croppe it or felle it by the erthe And if ye fell it by the erthe and kepe the springe well ye shall haue for euery tree two or thre trees so that it be felde at a due season of the yere and that is bytwene Candelmas and Maye wherof I haue spoken sufficiently ynoughe in the boke of husbandrie ¶ Howe to amende gorsty grounde that hath been errable lande Cap. xxxi yE shall vnderstande that there be two maner of gorse and some men calle them fyrse One maner wyll growe on drie grounde that maner wyll growe as hyghe as a man and haue a great stalke as moche as a walkyng staffe and if ye wyll suffre them to growe and fell them nat by processe of tyme whan beestes go amonge them and specially in wynter tyme for colde and in somer for shade that wyll cause them to dye And many tymes and longe contynuall frost in wynter wyll kyll these maner of gorse and whan they be deed if ye plowe the laÌ„de agayne and sowe it with corne whan it lyeth ley agayne the gorse wyll growe agayne And the best remedy for growynge agayne is to putte vpon suche maner of pasture many shepe to eate it bare but in many places they sette great store by those maner of gorse and speciallye for their fewell wolde nat gyue an acre of gorsty lande for two acres of errable lande And on that maner of gorsty lande wolde growe good corne with lytell donge it is more profyte to plowe it and sowe it than to lye ley except he kepe it for his fewell â–ª and they growe moost commenly vpon drie grounde somwhat sandye or grauell and Shepe is the moost conuenyent catell that maye go vpon suche pasture ¶ Howe to amende gorstye lande that was neuer errable lande Cap. xxxii IF the grounde be drie and growe full of suche maner of gorse with the great stalkes ye be at your lybertie to do as I haue sayde and yf it be of the other maner of gorse or fyrse the whiche growe lowe by the erthe and haue but lytell small stalkes that maner of gorse groweth alwaye on welspring grounde somwhat moyst and weate and it wyll neuer beare good corne but
For in a parke or woode may be two hundred acres and more and yet nat past a hundred acres therof woode lytell more or lytell lasse and what the vesture that is to say the woode of euery acre is worthe by hym selfe for one acre maye be worthe xx.s or xl.s and another acre dere ynoughe ii.s.vi.s or x.s and howe moche the whole grounde conteyneth whan the wode is fallen And that is to be vnderstaÌ„de all the grounde within pale or hedge aswell the lauÌ„de grouÌ„de as of the wode grounde where the woode growed and what euery acre is worthe by the yere as well of the one maner as of the other ¶ Of forren woodes where other men haue coÌ„men where the lorde may improwe himselfe therof and of howe many acres and what the vesture of an acre is worthe what the grouÌ„de is worthe whan the woode is fallen and howe many acres they coÌ„tayne and what an acre is worthe Cap. vi ITem inquirendum est de boscis forinsicis vbi alii coÌ„icant quid de eisdem boscis dominus se possit approiare et de quot acris et pro quanto vestura cuiuslibet acre coÌ„muniter possit appreciari et quantum fundus valet postquam prostratus fuerit boscus quot acre iste coÌ„tineant quantuÌ„ quelibet acra valet ê‘ annuÌ„ It is to be inquered of forren wodes wher they other coÌ„men togyder what of those wodes the lorde maye improwe him selfe of howe many acres for howe moche the vesture that is to say the wode of euery acre maye be solde howe moche the grounde is worthe after the woode be fallen downe howe many acres it conteyneth what euery acre is worth by the yere The declaracyon of this statute is doutfull bycause of the none certentie therof what is sufficyent commen for it is clerely ordayned by the statute of Moreton and after confyrmed by the statute of Westmynster seconde That the lorde shall improue hym selfe of their wastes wherby is vnderstaÌ„de of their coÌ„men more 's hethes and wa st groundes as well as of wodes Thoughe the statute speke but of woodes onely leauyng their tenauntes sufficient commen the whiche in myne opinyon be those tenauntes that haue coÌ„men appendaunt and holde their landes of hym It is necessarie to be knowen what is sufficient of commen and that me semeth by reason shulde be thus To se howe moche catell the hey and the stray that a husbande getteth vpon his owne tenement wyll fynde sufficyently in wynter if they lye in house and be kept therwith all the wynter season for so moche catell shulde he haue coÌ„men in Somer and that is suffycient ye shall vnderstande that there be foure maner of commens that is to wytte coÌ„men appendant commen appurtenaunt commen in grose and commen per cause vicynage s neyghbourshepe Commen appendaunt is where a lorde of olde tyme hath graunted to a man a meseplace and certayne landes medowes and pastures with their appurtenaunces to holde of hym To this meseplace landes and medowes belongeth commen and that is called coÌ„men appendaunt But and a man graunt to another certayne landes or pastures the whiche lye in seueraltie enclosed with the appurtenauÌ„ce in fee to holde of the chefe lordes To these landes me semeth beloÌ„geth no coÌ„men without he haue suche speciall wordes in his dede Commen appendauÌ„t is where a man hath had coÌ„men to a certayne nombre of beestes or without noÌ„bre belongyng to his meseplace in the lordes wastes this is commen appurtenaunte by prescripcyon bycause of the vse out of tyme of mynde Commen ingrose is where the lordes haue graunted by their dedes commen of pasture to a straunger that holdeth no landes of hym nor ought to haue any coÌ„men but by reason of that graunt by dede Nowe the lordes maye nat improue hym selfe of any parcell for it is contrarie to his graunt thoughe there be sufficyent of commen And in lyke case if the lorde graunt commen to a man by dede and to lymitte him a certayne nombre of beestes Se what was commen at that tyme and of that the lorde shall nat improue hym selfe for and he shulde the goodnesse of the coÌ„men to that certayne nombre shulde be abridged that they shulde nat fare so well and euery maÌ„nes dede shall be taken stroÌ„gest agaynst hym selfe And in lyke maner if the lorde graunt a man commen with his catell within certayne meyres lymittes boundes the lorde shall nat improue hym selfe within those meyres and bouÌ„des CoÌ„men per cause de vicynage is wher the wast grounde of two towneshippes lye toguyder and nother hedge nor pale bytwene to kepe their catell a sonder so that the catell of one towneshyppe gothe ouer his meyre or bounde in to the waste grounde of the other towne and lykewise the catell of the other townshyppe to them And also if their commen feldes lye toguyder vnclosed in opyn tyme whan haruest is in their catell wyll go out of the one felde in to the other felde and this is called commens bycause of neyghbourshyp and is nat vsed nor laufull to pynne their catell so goyng but in good maner to driue and chace besyde suche coÌ„men And as for that maner of commens me semeth the lorde may improwe him selfe of their wast groundes leauyng their owne tenauntes sufficyent coÌ„men hauyng no regarde to the tenauntes of the other towneshyp But as for all errable landes medowes leyse and pastures the lordes maye improwe them selfe by course of the coÌ„men lawe for the statute speketh nothynge but of wast groundes And ye shall vnderstande that howbe it that a lorde maye nat improwe him selfe of his wast groundes yet may he laufully fall and selle all the wode brome gorse fyrs braken ferne busshes thornes and suche other as fre stonne lyme stone chalke turues claye sande leed ore or tynne to his owne vse for the tenaÌ„tes may haue nothyng by reason of commen but all onely bytte of mouthe with their catell And ye shall knowe that swyne and Geese haue no commen but by suffraunce without speciall wordes in their charter Also the lorde shall haue his free warren for all maner beestes foules of warren in his wast groundes as well as in his seuerall groundes and as long as the beestes or foules of warren be vpon the lordes grounde they be the lordes yf he haue warren and the lorde maye haue an actyon of Trespace agaynst any man that chaceth or kylleth any of theym in his commen as well as in his seuerall And if they go or flye out of the lordes warren than is the proê‘tie chaÌ„ged and the lorde hath lost his actyon for takynge of them whan they be oute of his warren without they come in to his warren agayne there is no man hath warren but by speciall graunt of the kynge by charter except it haue ben vsed tyme out of mynde and alowed before iustyce in heyre And as for the articles
go so ofte about as a lytell whele wyll do But the cogge whele in a corne mylne is a great helper if it be well pycked well cogged and well roÌ„ged sixe ronges .xlviii. cogges are best for a great ryuer For than the mylne stonne gothe eyght tymes about and the water whele but ones and euery rong kepeth his owne cogge et econtra changeth nat on any syde And for a meane water sixe roÌ„ges and .xlii. cogges is best And for the ouer shotte mylne sixe roÌ„ges and .xxxvi. cogges is best For the cogge whele maye nat be of so great a compase as the other cogge wheles be And in all these pyckes euery cogge kepeth his owne ronge And if ye putte in any whele a cogge or two cogges mo or lasse thanne as I haue sayd Than shall euery cogge chaunge his ronge at all tymes so that and it be nat very truely pycked it wyll nat go well and if it fortune to breke a cogge as it is lyke to do it wyll than breke many of them excepte he shote downe his draught gate shortely and lykewise a wyndmylne howbe it a wyndmylne hath neuer vnder .xlviii. cogges or .liiii. c. but they must be so pycked that euery cogge kepe his owne ronge and seuyn ronges are nat profytable for they go latte lye Of horse mylnes I do nat speke of the makyng for I haue nat thexperience of them as I haue of water mylnes ¶ Also the lordes and their tenauntes haue another maner of profyte by reason of these waters ouer and besyde these maner of mylnes or fysshingê and that is by reason of the watrynge of their catell and beestes bothe wynter and somer and specially of the rynnynge waters as ryuers brokes sucches and welspringes for they done syldome frese or neuer they wyll be colde in somer and warme in wynter and yf a close want water it hath a great meame and is moche the worse ¶ Furthermore it is coÌ„uenyent for a surueyour that whan he hath surueyed his Lordes landes and sene what profytes and approwmentes maye ryse and be made within the same that he shewe his lorde therof and aduyse hym to do it and to make the cost For it is vndouted that a man can nat make no surer purchase of any maner of lande better tytell nor lighter coste nor more aduauntage to hym selfe than to improwe amende and make better his owne olde enherytaunce I meane nat by the heyghtnynge reysyng or increasyng of the rentes of their tenauntes but all onely in mendyng and makyng better his errable landes medowes leyse pastures and in makyng of water mylnes wyndmylnes horse mylnes fullyng mylnes sythe mylnes cutteler mylnes be it by water or draught of horses smethy mylnes or suche other And also of gettynge of all maner of profytes as well vnder the erthe as aboue as before is remembred in the sixt chapiter And by the reason of these improwmeÌ„tes me semeth a man myght make euery townshyppe that standeth in the playne champyon countre and occupyed in tyllage halfe as good agayne in all maner of profytes to the tenauntes as it was before If the lordes therof their tenauÌ„tes can agre of the costes that shulde be made therof And neuer a house nor cottage to be decayed nor lette downe and to haue as moche lande in tyllage and plowing as ther was before and their corne and grasse shulde be better saued and kepte froÌ„ distroyeng ¶ Howe to make a townshippe that is worthe twentie marke a yere worthe .xx. li a yere Cap. xli IT is vndouted that euery townshyppe that staÌ„deth in tyllage in the playne couÌ„trey there be errable landes to plowe sowe and leyse to tye or tedder their horses and mares vpon and commen pasture to kepe and pasture their catell beestes shepe vpon And also they haue medowe grounde to gette their hey vpon Than lette it be knowen howe many acres of errable landes euery man hath in tyllage of the same acres in euery felde to chaunge with his neyghbours and to ley them toguyder and to make hym one seuerall close in euery felde for his errable landes and his leyse in euery felde to ley them toguyder in one felde and to make one seuerall close for theÌ„ all And also another seuerall close for his porcyon of his commen pasture and also his porcyon of his medowe in a seuerall close by it selfe and all kepte in seuerall bothe in wynter and somer and euery cottage shall haue his porcion assigned hym acordyng to his rent and than shall nat the ryche man ouerpresse the poore man with his catell and euery man maye eate his owne close at his pleasure And vndouted that hay and strawe that will fynde one beest in the house wyll fynde two beestes in the close better they shall lyke For those beestes in the house haue shorte heer thyn and towarde Marche they wyll pyll be bare And therfore they maye nat abyde in the felde before the heerdman in wynter tyme for colde And those that lye in a close vnder a hedge haue longe heer thycke and they wyll neuer pyll nor be bare and by this reason the husbande may kepe twyse so many catell as he dyde before ¶ This is the cause of this approument Nowe euery husbande hath sixe seuerall closes wherof thre be for corne the fourthe for his leyse the fyfte for his coÌ„men pastures and the sixte for his hay and in wynter tyme there is but one occupyed with corne than hath the husbaÌ„de other fyue to occupy tyll lent come and than he hath his falowe felde his ley felde his pasture felde all somer And whaÌ„ he hath mowen his medowe than he hath his medowe grounde so that he haue any weyke catell that wolde be amended or dyuers maner of catell he may put theÌ„ in any close he wyll the whiche is a great aduauÌ„tage if all shulde lye coÌ„men than wolde the edysshe of the corne feldes the aftermath of all the medowes be eaten in ten or xii dayes And the riche men that hath moche catell wolde haue the aduauntage and the poore man can haue no helpe nor relefe in wynter whaÌ„ he hath most nede And if an acre of lande be worthe sixe pens or it be enclosed it wyll be worthe eyght pens whan it is enclosed by reason of the compostyng and dongyng of the catell that shall go and lye vpon it bothe day and night And if any of his thre closes that he hath for his corne be worne or waxe bare than he may breke and plowe vp his close that he had for his leyse or the close that he had for his commen pasture or bothe and sowe them with corne and lette the other lye for a tyme and so shall he haue alway reist grounde the whiche will beare moche corne with lytell dong and also he shall haue great profite of the wode in the hedges whan it