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A00895 Here begynneth a ryght frutefull mater: and hath to name the boke of surueyeng and improume[n]tes; Book of surveying Fitzherbert, John, d. 1531.; Fitzherbert, Anthony, Sir, 1470-1538.; Berthelet, Thomas. aut 1523 (1523) STC 11005; ESTC S112253 64,833 130

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on the Eest syde the West medowe on the West syde the northe felde on the north syde and the sayd way that leadeth frō A to B. on the southe syde conteyneth by the way seuyn ꝑches and in lēgth .x. perches and payeth at the termes acustomed xii.s.vi d two hēnes at Christmas suyte of court and herryot at his decesse c. ¶ He that shall vieu but and bounde landes or tenemētes by Eest West Northe and Southe It is necessarie that he haue a Dyall with hym for els the sonne shyne nat he shall nat haue perfyte knowlege whiche is Eest West Northe and Southe For many tymes the landes or medowes do nat lye alwaye euyn Eest or West northe or southe but sōtyme more of one parte than of another As southe Est or southe West northe Eest or northe West and some two partes of the one and but the thirde parte of the other as northe northe Eest northe northe West Eest northe Est and Eest southe Est southe southe eest southe southe West and West southe West and West northe west But it nedeth nat to a surueyour to take so narowe a dyuersite but to but it vpon the moost ꝑte as it lyeth than must the dyall gyue hym ꝑfite knowlege howe it lyeth and so must he tytell it in his boke as shall appere herafter he must stande in the myddes of the flatte whan he shall butte truely ¶ Howe a man shulde butte and bounde the feldes Cap. xxi ¶ The northe felde vpon Dale furlong THe northe felde lyeth on the northe syde of the towne and beginneth at the crosse at a furlong called Dale furlong the whiche furlong conteyneth .xxx. landes and two heed landes and they but on northe and southe wherof the southe endes butteth vpon the hall orcharde vpon the crofte of IC the northe endes but vpon ryhyll Than to begyn on the Est syde next to the hiwaye that leadeth to A. the person hath two landes the lorde thre landes I. B. one lande F. G. two landes the lorde four landes the priour two landes the person one lande R. X ▪ two landes W. C. one lande H. L. one lande T. S. two lādes the priour thre landes the lorde two landes G. H. one lāde the person one lande the lorde two landes next to the West syde and the heed lāde next to the hall orcharde and the other heed lande is the persons next ryehyll and if the husbandes haue perfyte knowledge which is a rodde whiche is an halfe acre than it were better to saye the lorde hath an acre conteyning thre landes are made in four or fyue landes and I. C. halfe acre made in two landes T S a rodde in one lāde and if it be lasse than a rodde than call it a but. howebeit a man may ꝑceyue and knowe if any man make two landes of one lande or of one lande make two lādes bycause of the certayne nombre of euery flatte ¶ Ban furlong lyeth next to the same and cōteyneth xxiii landes and one hadlāde at the ouerendes and they lye Eest and West and but vpon Dale furlong at the neder endes and on the southe syde next the ꝑsons crofte The person hath thre landes the priour one lande I. C. two landes the lorde four landes I B. two landes T. S. two landes H. L. one lande G. H. one lande F. G. one lande R. X. thre landes the prioure two landes P. Q. one lande the lorde hath the hadlandes ¶ Whethyll furlong lyeth next to the same hadlādes and it cōteyneth .xxxvi. landes thre gores fother or pyke and they be all one thing be called so bycause they be brode in the one ende a sharke pyke in the other ende they be alway shorter than the other landes and they but vpon the sayd hadlande of the lande at the west ende vpon depesyche at the Eest ende to begyn at the northe west syde of the sayd flate HL two landes T S two lādes GH one lande the lorde sixe landes IC two landes the ꝑson thre landes WC two landes one pyke the priour two landes and one pyke FG two landes one pyke the lorde four landes RX thre landes T S two landes GH two landes the lorde thre lādes next to the southest syde ¶ Than tourne agayne to rye hyll that conteyneth xxxvi landes and two pikes and but vpon Dale fur long on the southe endes vpon long medowe vpon the northe west endes Than on the southe Eest syde next to the way that leadeth to A. the priour hath two landes G.H. one lande the person two landes I.B. two landes F.G. two landes the lorde thre lādes two pikes W.C. two landes RX thre landes T S two landes PQ two landes HL two landes the lorde thre landes next to the balke that the wyndmylne stādeth vpon c. ¶ PQ the whiche holdeth a cotage of the lorde holdeth also this sayd wyndmylne whervnto all the lordes tenauntes are bounde to grynde all their corne and malte that they occupy of their owne at the sayd mylne as well free tenauntes as other and the lorde shall fynde all maner of tymbre yron worke borde and nayles And bring thē to the mylne and the mylner shall neyle vp the bordes make his shafte and the sayle yardes vpholde and reparell the spindell the rynde the mylne pykes and the sayle clothes cogge and ronge at his owne proper cost and charge And shall pay by the y●re xx.s at the termes there vsuell and to grynde the lordes corne and maulte tole free and to grynde it first nexte to the corne that is in the hopper if any be c. ¶ On the other syde of the wynde mylne balke lyeth a flatte called Peyse hyll and it conteyneth .liii. landes and four pykes and one hadlande of the whiche landes there be sixe of them that breke or cutte in the myddes of the landes as shall appere by the boundyng And the sayd flatte lyeth bitwene the commen pasture called the balke on the southe Eest and the foresayd medowe called the longe medowe vpon the northe West and next vnto the foresayd balke I.C. hath thre landes the lorde sixe landes and a pyke the person foure landes and a pyke IB four landes FG two landes and a pyke WC thre landes RX two landes at the vpper ende next to the hadlande PQ the nether endes of the landes nexte to the longe medowe T S four landes HL thre lādes at the heed and IC the nether endes of the same the priour .v. landes the lorde eyght landes IB thre lādes GH two landes and a pyke FG one lande at the heed HL two lādes buttyng vpon the same one lande and vpon the medowe the person thre landes nexte to the northe Eest syde and the prioure hath the hadlande at the heed And this me semeth shulde be suffycient instructyon for buttyng and boundyng of
all the feldes one after another c. ¶ Howe a man shulde butte and bounde the medowes Cap. xxii ¶ The long medowe belongyng to the townshyppe of Dale THe longe medowe lyeth vpon the northe syde of the northe felde bytwene the said felde and the broke that departeth the townshyp of Dale and the townshippe of Sale and the West endes butteth vpon the way that leadeth to A. and the Eest ende of the same medowe vpon a close of the sayd lordes called the parke close conteyneth C. xxii acres this medowe lyeth in dyuers shotes of length sōtyme in two shotes of length somtyme in one somtyme in thre Than to begyn at the west syde next to the waye that gothe to A. on the ouer shot the lorde hath four acres IC two acres and a halfe the persone thre acres IB two acres and a halfe FG thre acres the prioure foure acres the lorde .viii. acres And on the nether shot next vnto the broke next to the sayd hiwaye FG two acres the priour foure acres GH halfe an acre WC two acres and a halfe RX sixe acres the lorde vii acres Than to the long dolez that butte fro the said northe felde to the said broke T S four acres the ꝑsone thre acres IC an acre and a halfe IB an acre and a halfe the lorde sixe acres PQ thre acres HL thre acres And at the nether ende of the sayde thre acres IK lorde of sale hath attached his weyre of his mylne of Sale for the whiche attachement the sayd IK payeth to the lorde of Dale and to his heyres euery yere ii.s at the feest of saynt Mighell tharchāgell for all maner of seruyce c. Than to the ouer shotte nexte the sayd felde GH an acre and a rodde WC thre roddes RX an halfe acre the lorde two acres the person halfe an acre PQ halfe an acre the priour two acres and a halfe IC two acres the lord four acres T S two acres nexte to the parke close Than to the myddell shotte next to the longe dolez FG an acre the person thre acres IB two acres the lorde four acres HL two acres the priour four acres next to the sayd parke close Than to the nethermast shotte next the broke on the syde next to the longe doles the ꝑson two acres RX thre acres the lorde four acres and a halfe GH dī acre the priour two acr WC two acres and a dī IC dī acre T S two acres IB two acres in the corner next to the said parke close and butteth vpon the sayd broke And if there be any mo medowes than but them and boūde them in lyke maner for the mo medowes there be and the fewer shottes the better they may be boūded for medowes go moost cōmenly by acres halfe acres and roddes and they ought to be well staked bytwene euery mannes dole and specially well stoned with great stones bytwene set on a great heyght that they synke nat farre in to the erthe for the propertie of a stonne is to dyscende downewarde and the propertie of erthe to ascēde vpwarde Therfore they wolde be taken hede vnto be tyme and amended whan nede is And this me semeth suffycient c. ¶ Howe a man shulde butte and bounde his pastures Cap. xxiii ¶ The pastures belongyng to the same towne THe lorde hath a close called parke close and it cōteyneth .xxx. acres and it lyeth bytwene the sayd medowe called long medowe on the West parte and a close of the ꝑsons called Oxhey on the Est ꝑte and the said broke on the northe parte and a felde called Eest felde on the southe parte and it is worthe by the yere twentie shillynges c. ¶ The person hath a close next to the same called ox hey and it conteyneth .x. acres and lyeth bytwene the parke close on the West parte and a close of I.B. on the Eest syde and the sayd broke on the north est ꝑte and a felde called Eest felde on the West parte I do nat value it bycause it is nat the lordes the quantite of the acres therin is suffycient c. ¶ The sayd IB holdeth a lytell crofte frely belongyng to the tenement called rye croft and cōteyneth two acres and lyeth bytwene the sayd persons close on the west syde and the lane that gothe towarde R. on the southe Est syde butteth vpon the hiway that cometh from S. to the sayde towne of Sale on the northe est syde and the sayd Est felde on the west ꝑte I set it at no value bicause he is a freholder and ronneth in the chefe rentes of his house but and it be gyuen to the freholder by another dede than must the surueyour expresse the chefe rent therof by it selfe And it is the moost speciall poynt to a surueyour first to a viewe butte and bounde bothe the towne and the hole lordeshyppe or euer he desyre to se or loke vpon any euydence of any freholders For this first done the Surueyour maye than parfitely knowe wheder the freholder shewe his euydence for all his lande or nat and let the surueyour haue good remembraūce what parcelles of landes be conteyned in the sayd euydence And than may he well parceyue wheder he shewe for all or nat And if the dedes be shewed first the tenaūt maye say there is for all his lande and the surueyour can nat controle hym nor saye nay c. ¶ FG holdeth a crofte of the lorde lyeng next on the othersyde of the sayd lane called Gose crofte and cōteyneth two acres and a halfe and butteth vpon the sayd hiwaye on the northe est syde and the sayd Eest felde on the west parte c. And thus ye may paruse butte and bounde all the croftes closes and pastures about the towne and within the lordshippe whose so euer they be And to expresse euery hiwaye or crosse cōmen balke or marle pytte where they lye the whiche shall be a great redynesse many yeres hereafter And if there be any commen pastures where heerdmen kepe their catell or any commen wodes more 's heythes or suche other they maye nat be forgoten to be butted and bounded as they lye c. ¶ Howe a man shulde a mende errable lande Cap. xxiiii IT is conuenyent that a husbande kepe his errable lande lyenge rounde that it be nat to highe in the rygge nor to lowe in the myddes of the sides nor to hye a lytell fro the rayne for than wyll the water stande in the sydes of the landes drowne the corne though there be no corne yet it wereth the grounde maketh it lene for stādyng water distroyeth grasse and therfore it must nedes distroye corne the whiche is moche more tendrer than the grasse And if it so be than take thy ploughe and begyn to plowe a forowe in the myddes of the syde of the lande cast it downe as and thou shulde falowe it and so ꝑuse bothe sydes
tyll the rigge be cast downe than take thy ploughe agayne and begyn to plowe wher thou dydest plowe firste and rygge all the remynaunt vpwarde and so shalt thou bothe cast thy landes and rigge it and all at one plowyng And this wyll make the lande to lye roūde the which is good bothe for corne grasse c. ¶ Another maner of mēdyng of errable lande is to mucke it marle it lyme it or dong it with the carte or wayne and as I sayde in the boke of husbandrie to sette thy dong vpon the first sturryng whan it is rygged for that is best for many causes and if thou lay it vpon the falowyng than set thy mucke hepe in the reyne of the lande and than sprede it and all that falleth in the rygge cast it out agayne for elles it dothe but lytell good for it wyll be couered with erthe and syldome sene agayne c. ¶ Another maner of mendynge of errable lande is to sette thy shepe folde vpon it and to flytte it euery daye and it is better vpon the sturrynge than vpon the falowe and the shepe folde is better vpon the rye grounde than vpon the whete grounde c. ¶ Another maner whan a husbande hath moche errable lande and hath no donge nor shepe to compost nor donge his lande with all Than let the husbande take his plough and cast all suche landes thre or four tymes togyder and make the rigge there as the reyne was before And if the landes be to brode whan it is so cast downe than rygge eyther syde by it selfe and so make two landes of one lande or thre landes of .ii landes And so shall he fynde newe moolde that was nat sene in a hūdred yeres before the whiche must nedes gyue more corne than the other dyde before c. ¶ Howe a man shulde amende his medowes Cap. xxv SE that there be no moldy warpes castige in the medowes and yf there be in Aprill lette them be spradd and beaten small And this is the best way to sprede them and make them small To take a great boughe of a tree and to plass he the bowes abrode and lay them lowe and if they lye nat brode ynoughe than take other smalle bowes and bynde them faste to the same and to ley a tree or two ouerthwarte the bowes to holde them downe flatte to the erthe and to bynde the trees or the bowes that it fall nat of And than to boore an hole with an nauger in the great boughes ende or els to tye a rope fast to all the boughes endes toguyder and to fast the teym to the same and with oxen or horses to drawe the sayde boughes bothe vp and downe and ouerthwarte the sayde moldy warpe hylles the whiche shall spredde them better than any mannes handes can do that shall refresshe the grasse and make the medowes moche better ¶ Another maner of mendynge of medowes is yf t●ere be any rynning water or lande flode that may be sette or brought to ronne ouer the medowes from the tyme that they be mowen vnto the begynning of May and they wyll be moche the better and it shall kylle drowne driue awaye the moldywarpes and fyll vp the lowe places with sande make the groūde euyn and good to mowe All maner of waters be good so that they stande nat styll vpon the grounde But specially that water that cometh out of a towne from euery mānes mydding or donghyll is best and wyll make the medowes moost rankest And fro the begynning of May tyll the medowes be mowen and the hay goten in the waters wolde be set by and ron another way for dyuers consideracyons c. ¶ To amende and make better dyuers maners of pastures IT is vndouted but there be dyuers maners of pastures as lowe grounde lyke medowe grounde ley groūde the whiche hath ben errable groūde of late busshie grounde the whiche somtyme hath ben errable groūde busshye groūde the whiche was neuer errable grounde gorstye grounde the whiche hath ben errable grounde gorstie grounde the whiche was neuer errable Brome groūde heyth grounde marrys grounde chalke grounde flyntie groūde chylturne grounde and lymestonne grounde ¶ To amende lowe grounde lyke medowe grounde ¶ ye shall do by it as I haue shewed you in the next chapiter before of your medowes and if any water stande styll and wyll nat voyde make a dyche two or thre as nede shall requyre and opyn the sydes of the dyche that the water maye come in to it Conuey the water away and with a ploughe make dyuers sorowes from the said dyche vp in to the pastur where the water standeth and with a Carte a wayne or a sleyde cary awaye therthe that the ploughe tourneth vp or els it wyll stoppe the water on the one syde if the ploughe forowe be to lytell thanne make dyuers small dychesse and open them on bothe sydes so that thou leaue no water standyng in the pastur no tyme of the yere And melche kye draught oxen laboring horses and mares be moost conuenyent to go togyder in suche pastures c. ¶ Howe to amende ley grounde the whiche hath ben errable lande of late Cap. xxvii YE must take hede howe the leyse lye and specially that they lye nat to hyghe for they do it is more profite to the husbande to caste it downe agayne sowe it with otes one yere two or thre and to ley it lower and rounde in good temper and se that no water stande at the landes endes buttyng on the heed lādes and if it so do than with a ploughe cast a forowe towarde the heed landes and than the water wyll folowe that forowe and make the landes drie But that forowe wyll nat serue paste one or two yeres but it must be renewed And yf it waxe mossye in wynter than wolde it be plowed agayne and sowen with dyuers cornes as the grounde requyreth And at the first plowynge it wolde be plowed a square forowe as depe as it is brode and layde flatte sowen with otes that the mosse maye rote and than to lye falowe one yere than to be sowen with wheat rye or barlye as the husbande thynketh moost cōuenyent And if it shulde lye falowe the first yere the mosse wyll nat rote and at wynter it wyll be weate and drowne all the wheat and rye that it toucheth And if a man haue plentie of suche pasture that wyll be mossye euery thirde yere let hym breke vp a newe pese of grounde and plowe it and sowe it as I haue said before and he shall haue plentie of corne with lytell dongynge sowe it no lengar than it wyll beare plentie of corne without dong and it wyll beare moche better grasse ten or .xii. yere after And if the leyse be to brode than make two lādes of one lande as I haue said before And shepe are the moost conuenyent catell that may go on suche pasture and best
rewarde for to entreat his mayster to the same so that the lordes fyne must nedes be the lasse or els the poore man shal be at a great charge Wherof speketh Salomon prouerbiorum .xvii. Melius est parum cum iustitia quam multi fructus cum iniquitate It is better to haue a lytell rightwisely than to haue moche ꝓfyte wickedly But nowe to my mater that I spake of before there maye be in one manere or lordshyp bothe charter lande and copyelande and eche of thē well knowen from other one man maye haue and holde them bothe Also there be other tenātes by copy of court role and is called tenauntes perle virge s by the yerde And they be called so bycause whan they wolde surrendre their tenementes in to the lordes hādes to the vse of another they shall haue a lytell yerde in his hande by custome of the courte that he shall delyuer vnto the stewarde if he be there present or to the bayly or reue or to other two honest men of the lordeshyp And at the next court he that shall haue the said landes shall take it in the court and his takyng shal be entred in the role and the stewarde or bayly as the customes is vsed shall delyuer to hym that shall haue the lande the same yerde or another in the name of season hath non other euydēce but the copy of the court role it maye be made in fee symple for fee tayle or for terme of lyfe And all maner of customes that be nat agayne reason may be admytted and a lowed for a custome And how be it that these maner of copye holders haue an estate of enherytaunce after the custome of the maner yet haue they no franke tenement bycause of the cōmen lawe and therfore they be called tenantes of base tenur Mesemeth it were necessary and cōuenyent to shewe dyuers dyuersites howe copyes shulde be made for fere lest euery man that taketh vpon hym to kepe a court hath nat ꝑfitelye thexperyence therof as herafter enseweth ¶ First of surrenders of landes holden by the yerde HE shall take a yerde in his hande by th ende and delyuer the stewarde the other ende in his hande and say to the stewarde Here I A.B. do yelde vp or surrendre my landes that called D. the whiche I holde of this lordeshyp at the lordes wyll after the custome of this manere to the behoue of Iohan Browne and his heyres ¶ Howe the stewarde shall delyuer season ¶ The stewarde shall delyuer hym an ende of the yarde in his hande that shall haue this lande and he shall saye thus to hym My lorde graunteth you season of this lande that was A. B. the whiche ye haue take here in the courte to you and to youre heyres to holde at my lordes wyll after the custome of this manere and than he shall be sworne c. ¶ The maner of the othe of the tenaunt ¶ I shall beare faythe trouthe to my lorde of this manere as for the landes and tenementes that I haue taken of hym and truely do and pay the sutes customes rentes and seruyces that longeth therto as for the terme that I shall ocupy it so helpe me god c. and kysse the boke ley downe .i. d. as the custōe is ¶ Howe the copy shulde be made of landes holden by the yarde ¶ Ad hanc cur dn̄s concessit extra manus suas ꝑ I. F. capitalem sen̄ suum TD M. vxori eius vnum mess et sex acr terre cū pertin̄ iacent apud B. quibus dn̄s persenescallū suum concessit seisinā habend sibi et heredibus suis de dn̄o per virgam ad voluntatem dn̄i secundum consuetudinem manerii et dant pro fine pro ingressu inde habendū prout patet in capite et fecit dn̄o fidelitatem et admissus est inde tenens ¶ Another forme for certayne rent for all maner of seruyce ¶ Ad hanc cur dn̄s concessit per I.F. senescallū suū TB et M. vxori sue vnum mess sex acr terre .ii. acr prati et vnam acram bosci cū pertin̄ prefatꝭ T M. hered et assignatis suis ad voluntatem dūi secundū consuetudinem manerii redd inde annuatim dn̄o et hered suis vel successoribus suis si dn̄s sit religio sus v.s.vi d. pro omnibus et singulis seruiciis ad duos anni terminos videlicet c. equis portionibus et dant dn̄o define c. et fecit fidelit The cōmen course is nat to put in certayntie all their rentes customes and seruyces in their copyes And that is in auncyent demeyne and in all places where their tenaūtes haue their landes by copye to them and their heyres after the custome of the manere for there they haue or ought to haue a customarie role wherin is euery mannes lande contayned and what rent customes and seruyces euery man ought to pay and do and in many places their lawes and their customes be put in writyng and remeyn in their owne kepyng to put thē in a redynesse whā nede shall require but there shal be made any new incrochmētes or intackis inclosed or taken in out of the cōmens or any myne newe foūde as leed ore tyn cole yrcuston or suche other if a copy shal be made therof it is thā necessary conuenyent the rente therof to be put in the copye for it is a newe thyng that hath nat gone by custome and also it wolde be put in the customarye role for this newe approumēt maye fortune to encrese of rent or decrese in rent and therfore the rentes must alway be expressed Also wher a man hath a lordshyp wherin be many tenantes that holde their landes of their lorde by copy of court role for terme of yeres or for tme of life where they haue no state of inherytaunce In all suche copyes it is conuenyent that the rentes be expressed in the same copyes causa patet ¶ A recogniscyon of a tenaunt what he holdeth of the lorde ¶ Ad hanc cur venit R. T. coram S. E. senescallo huius manerii cognouitse tener de domino vnum messuagtū decem acras terre tres acras prati cum pertin̄ in L. voc C. libere per cartam in socagio per redditum .xii. d. vel vnam libram piperis et sectam cur bis per annum Et etiam dictus RT cognouit se tenere de domino alium messuagium cū crofto ad iacente et sex acras tre et ii acras prati cum pertifi ad voluntatem domini secūdum consuetudinem manerii et per redd duorum solidorum et fecit fidelitatem et admissus est tenens ¶ The forme of a copye in auncyent demeyne where the proclamacyons shulde be hadde ¶ Ad hanc cur tent ibidem tali die et anno c. venit A.B. filius et heres I.B. et sursum redd in
countie and whiche nat what shall fall vnto the lorde after the dethe of suche free tenauntes Me semeth that all maner suche tenaūtes that holde their lande by suche seruyce hauyng charter lande ought to folowe the court of the countie if he be somoned to appere excepte he haue a specyall graunt by chartour of the kyng to the contrary and to be sworne in inquyries before the iustyce of peace iustyce of assise excheters coroners and all other cōmissyoners of the kynges bitwene partie and ꝑtie as the lawe hath ordayned it howbeit in some case he shall dispende haue more landes than in some case that is to say if the domage in plee ꝑsonell as dette trespas detynue and suche other be declared vnder the value of .xl. markes Than a freholder that hath any charter lande be it more or lesse maye passe bytwene partie and partie And also he is sufficyent to enquere for the kyng in euery byll of indytement of felony and so is euery constable and freman though he haue no lande But ther shall no constable nor fre holder enquere of ryot nor forcyble entrees without he maye dispende xl.s clerely and therfore se the statute of kyng Richarde the .ii. kyng Henry the .vii. and also wher the domages in plee ꝑsonell de declared .xl. markes or aboue the freholder must haue lādes to the clere value of xl.s And euery man that shall passe of lyfe and dethe and for tytell of lande be it neuer so lytell he muāst haue ldes to the value of xl.s clerely aboue all charges And in atteynt if the thing in demaunde and verdyte vpon that gyuen extende to the value of .xl. li. or aboue Than euery man of the graunt iury must haue landes to the value of .xx. li. of freholde out of auncient demeyne and of landes in Gauelkynde .xx. li. and yf it be vnder the value of xl li. than xl.s of freholde is suffycient The statute reherseth further Quid et quantum accidit dn̄o post mortem talium libere tenentium What and howe moche falleth to the lorde after the dethe of suche fre tenauntes That is and maye be dyuers maners of rentes customes seruyces As and a tenaunt holde of the lorde by knight seruyce decesse his heyre beyng of full age the lorde shall haue for euery knightes fee that the tenaūt holdeth of the lorde C. s. of his heyre in the name of relefe For the whiche the lorde maye distreyne in euery ꝑcell of that lande that is so holden of hym for the same of cōmen ryght And if it be vnder a hole knyghtes fee as halfe a kynghtes fee the thirde parte the fourthe parte or the .xx. parte more or lasse the relefe shal be apporcyonate accordyng to the same shall paye his chefe rentꝭ if any be neuerthelesse And yf the tenaunt decesse his heyre beyng within age of .xxi. yeres the lorde shall haue the warde and the kepyng of the body duryng his nonage and if he be vnmaryed than his maryage to gyue or sell to whome he wyll without dispargement and whan he cometh of full age he shall pay no relefe and if he be maryed and vnder the age of .xiiii. yeres he may refuse and disagre but howe the garden or his commytte or graūte shall tende and offre mariage to the warde and if the warde refuse the offre or if the warde be rauysshed and of wardes bycause of wardes and of dispargementes of wardes and disagrementes after maryage and of wast done by the garden or his cōmytte or graunte with mo artycles parteynyng to the same I remytte all those poyntꝭ to men of lawe that haue knowlege experience therof for it toucheth nat my mater that I treat of if the tenant haue yssue female aboue the age of .xiiii. yere be she maryed or nat maryed the lorde shall nat haue the warde ne the maryage bycause the lawe entendeth that she hath a husbande or maye haue a husbande at that age able to do suche seruyce But the heyre female be vnder the age of .xiiii. yeres vnmaryed the lorde shall haue bothe the landes holden of him and the maryage tyll she come to the age of .xiiii. yeres and two yeres further to tende her mariage in if she be vnmaryed and at the two yeres ende she may entre in to her landes and put out her garden and to marry her selfe at her pleasure but and she be maryed before the age of .xiiii. yeres in the lyfe of her aūcestr and than her auncestr dye the lorde shall haue the warde of the lande to the age of .xiiii. yeres and than her husbāde and she maye entre and putte out the lorde and if the tenaūt holde of two lordes by knyght seruyce of one by priorite and of another by posteryorite and dye the lorde that the tenaunt holdeth of by priorite shall haue the warde of the body be it heyre male or heyre female thoughe there be thre or foure doughters for all they are but one heyre to the landes that beholden of hym And the other lorde of whome the landes be holden of by posteryorite shall haue those landes holden of hym selfe and nothyng els And if the tenaūt holde landes of one lorde by knyght seruyce and also holde landes of another lorde by soccage and dye his heyres beyng within age the lorde of whome the landes be holden of by knyght seruyce shall haue the warde and maryage of the heyre and the landes holden of hym but he shall nat haue the landes holden in socage nor the lorde of whome they be holden of nother For those landes holden in socage durynge the nonage shall go to the next of the blode to whom the enherytaunce may nat discende wherof he shall make acompt vnto the heyre whan he cometh of full age c. And if the heyre be of full age at the decesse of his auncestre he shall paye a relefe to euery lorde that he holdeth any lande of yf relefe be due to be payed by reason of his tenure But in case that a tenant holde dyuers manours of dyuers lordes by knight seruyce and haue but one parcell of lande holden of the kyng in capite the kyng shall haue all the hole landes holden of euery lorde duryng the nonage and the mariage of the heyre if he be vnmaryed and if the heyre be vnder the age of .xiiii. yere wyll dysagre to the maryage than the kyng shall haue the maryage of hym or her or the value therof and the kyng shall paye no chiefe rent duryng the nonage except it be foūde due to be payed in the offyce of therchetour and many other thynges maye fall to the lordes as herryottes other customes accordyng to their origynall dedes and vse of the maner And ye shall vnderstande that there be two maner of herryottes that is to wyt herryot seruyce and herryot custome Herryot seruyce is where a man hath gyuen landes and tenemētes to another