ad locandum per annum It is to be enquered how many acres of medowe ar of the demeyns and how moche euery acre is worthe to set by the yere and to what maner of beestes or catell it is most necessary vnto and howe many it wyll fynde and of what maner and what the pasture of one beest is worthe by the yere And in myne opinyon it wolde be vnderstande whether the medowes or pastures lye in the coÌ„men medowes or coÌ„men pasture at large or in seueraltie For and it lye at large in the coÌ„men medowes an acre is no better worthe than the grasse that the hey is made of is worthe for after it is coÌ„men and of lytell value And if it lye in seueraltie it is worthe halfe as moche againe as the grasse was worthe And that highe grounde and drie is moost conuenyent for shepe wode grounde and busshe for beestes and specially in wynter tyme. Lowe grouÌ„des medowe groundes and marsshe groundes for hey after for fat catell and in wynter for horses and mares and meane groundes that is bothe hylly and dalye as leyse and lowe grouÌ„des is good for all maner of catell if the grasse be good and fyne and specially for fat catell or fatte shepe horses mares and yonge coltes for that grasse that one maner of catell wyll nat eate another wyll And therfore it is good to haue a large close the dyuers maner of catell maye go togyder in it and to knowe what a beestes grasse is worthe by the yere that is as the pasture is that he gothe in is worthe and nat ouer charged with catell and the fynenesse of the grasse and the goodnesse of an acre For some acre of grouÌ„de is nat worthe a penny by the yere and some acre is worthe .xl. pens and so a beestes grasse may be dere ynoughe twelfe pens in the yere and it may be worthe .xl. pens or fyue shillynges and a horse grasse or a mare grasse maye be dere ynoughe twelfe pens or twentie pens by the yere and it maye be worthe fyue shillynges or a noble accordyng to the goodnesse of the pastures But howe these maners landes medowes and pastures shall be viewed butted bounded and valewed shall be rehersed after the statute be ones declared ¶ Of forren pastures that be commen howe many and of what maner of catell the lorde maye haue in the same and what the pasture of a beest is worthe by the yere Cap. iiii ITem inquirend est de pasturis for inficis que est coÌ„munis quot quas bestias aiÌ„alia dominus habere possit in eadem et quantuÌ„ valet pastura per annum et locand It is to be inquered of forren pastures that is coÌ„myn how many and what beestes and catell what the lorde may haue in the same and what the pastur of a beest is worthe by the yere to set This is a derke letter to be well vnderstande without a better declaracyon for where he saythe De pasturis forinficis que est coÌ„munis That may be vnderstande thre wayes for there is in many townes where as their closes and pastures lye in seueraltie There is commonly a coÌ„myn close taken in out of the coÌ„men or feldes by tenauntes of the same towne for their oxen or kyen or other catell in the whiche close euery man is stynted and sette to a certayntie howe many beestes he shall haue in the same of what maner of beestes they shal be And if the lorde shall haue any catell therin he shulde be put to a certayntie and of what maner of catell and this pasture may be well valewed And also the beestes grasse what it is worthe therin But than it ought to be shewed howe many acres be contayned in the sayd pasture and what euery acre is worthe one with another Another maner of commyn pasture is moost coÌ„menly in playne champyon countreis where their catell gothe daylye before the herdeman and lyeth nighe adioyniÌ„g to their coÌ„myn feldes and it may lye in two or thre places or mo in these it is also conuenyent that euery man be stynted to a certentie outher by yerdes landes oxgaÌ„ges rentes or suche other customes as the tenauÌ„tes vse and the lorde in lyke maner These coÌ„men pastures may be extended how many acres be in euery parcell by it selfe and what an acre is worthe by it selfe but it can nat be so well knowen what a beestes grasse is worthe yerely for they lye moost coÌ„menly with the falowe feldes some falowe feldes is better than some and so a beestes grasse may be better or worse The thirde maner of coÌ„men pasture is in the lordes out wodes that lye coÌ„men to his tenauntes as commen mores or hethes the whiche were neuer errable landes In these maner of coÌ„mens me semeth the lorde shulde nat be stynted nor sette at no certentie but put his catell vpon suche maner of coÌ„men pasture at his pleasure bycause all the whole commen is his owne and his tenauntes haue no certayne parcell therof layde to their holdyngê but all onely bytte of mouthe with their catell and it were agayne reason to a bridge a man of his owne right But his tenauntes and euery mannes tenauntes me semeth ought of ryght to be stynted what euery manne ought to haue goynge vpon all maner of commens for elles wolde the ryche men in the begynnynge of Somer byeshepe and other maner of catell and eate vp the commens and selle them againe at wynter or putte them in their pastures that they haue sparedde all the Somerr and so ouerpresse the poore men that haue no money to bye nor able to reyre ¶ Of parkes and demeyne woodes the whiche the lorde maye assarte and to do his profyte howe many acres they coÌ„teyne and what the vesture of an acre is worthe and what the grouÌ„de is worthe whan the vesture is fallen c. Cap. v. ITem inquirendum est de parcis et dnÌ„i cis boscis que ad voluÌ„tatem suam possunt assertare et excolere et quot acre in se contineÌ„tur Et quantum vestura cuiustibet acre possit appÌ„ciari et quantuÌ„ fuudus in se contineat et valeat quando prostratus fuerit et quantum valeat quelibet acra per se per annum It is to be enquered of ê‘kes and of demeyne woode the whiche at the lordes wyll may be asserted and plucked vp or fallen downe And howe many acres are conteyned in them and for howe moche the vesture of euery acre may be solde and howe moche the grounde in hym selfe conteyneth whan the wode is fallen and howe moche euery acre is worthe by it selfe by the yere This is to be vnderstande of parkes and demeyne woode that be inseueraltie wherof the lorde at his pleasure may assert stocke vp by the rootes or falle by the erthe plowe and sowe to his moost profyte as he wyll And howe many acres of woode are conteyned in the same
on the Eest syde the West medowe on the West syde the northe felde on the north syde and the sayd way that leadeth froÌ„ A to B. on the southe syde conteyneth by the way seuyn ê‘ches and in leÌ„gth .x. perches and payeth at the termes acustomed xii.s.vi d two heÌ„nes at Christmas suyte of court and herryot at his decesse c. ¶ He that shall vieu but and bounde landes or tenemeÌ„tes 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 soÌ„tyme 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 ê‘te as it lyeth than must the dyall gyue hym ê‘fite 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 â–ª two landes W. C. one lande H. L. one lande T. S. two laÌ„des the priour thre landes the lorde two landes G. H. one laÌ„de the person one lande the lorde two landes next to the West syde and the heed laÌ„de 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 laÌ„de and if it be lasse than a rodde than call it a but. howebeit a man may ê‘ceyue and knowe if any man make two landes of one lande or of one lande make two laÌ„des bycause of the certayne nombre of euery flatte ¶ Ban furlong lyeth next to the same and coÌ„teyneth xxiii landes and one hadlaÌ„de 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 ê‘sons 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 hadlaÌ„des and it coÌ„teyneth .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 laÌ„des GH one lande the lorde sixe landes IC two landes the ê‘son 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 laÌ„des 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 laÌ„des 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 staÌ„deth 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 theÌ„ 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 yâ—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 laÌ„des at the heed and IC the nether endes of the same the priour .v. landes the lorde eyght landes IB thre laÌ„des GH two landes and a pyke FG one lande at the heed HL two laÌ„des 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
deale It is a true token of hyghe loue and zeale Whan he so delyteth and taketh pleasure By his busy labour mens welth to procure ¶ Finis ¶ The prologue of the authour for the declaracyon of this present treatyse SAlomon sapientie Primo Omnis sapientia virtus honor dignitas et queque scientia a dnÌ„o deosunt That is to say all wysdome vertue honoure dignyte and cunnyng are of our lorde god Than sithe almighty god our redemer creatour by high wysdome goodnesse lyberalite and prouydence in this transitorie worlde and myserable lyfe Hath ordayned dyuers estates and degrees in his people creatures and some of them aswell hath endowed with goostly and heueÌ„ly wisdome and distynke graces as with great honour possessyons and rychesse with great gyftes graces aswell spirytuall as temporall His highe coÌ„maundement chargeth euery ê‘son that is ê‘taker of the sayd gyftes or graces charritably and discretely the same to distrybute and deuyde among his poore creatures That euery poore persone that is wyllynge to laboure duely for his lyuyng may haue therby conuenyent helpe and susteynaunce And in as moche as the great estates rulers and gouernours of this realme whom our sauyour hath so largely and bountuously rewarded with all suche gyftes possessyons and rychesse haue accordyng to his pleasure and coÌ„maundement demysed distrybute and grauÌ„ted to the creatures of god and to their fermours and tenauntes their seuerall possessyons and inherytaunces reseruynge to them for the same certayne rentes customes and seruyces to sustayne and vpholde their honours and estates as to them apertayneth acordyng to their highe gyftes and graces wherwith they be so largety endowed And for the great zele loue and confort that I beare to the sayd fermours and tenauntes and to all other goddes creatures that they may more surely easely and profitably encrease and sustayne their pore housholde wyues and chyldren and also truely to paye their rentes customes and seruyces vnto their lordê and the honoures of their fermes and tenauntryce Of late by experyence I contryued compyled and made a treatise for the same poore fermers and tenaÌ„tes and called it the boke of Husbandrie the whiche me semed was very necessary for husbande men that vse tyllage for many other of dyuers degrees and occupacyons And where as in the prologue of the sayd boke I demaunded and asked a questyon and that was this Whervnto is euery man ordayned as playnely it dothe appere in the prologue of the same In lyke maner in the prologue of this treatise the whiche I entende by the suffrauÌ„ce and helpe of our lorde Iesu to contryue compyle and make to the profyte of all noble men and women bothe spyrituall temporall I demaunde another questyon and that is this Howe by what maner do all these great estates and noblemen and women lyue and maynteyne their honour and degre and in myne opinyon their honour and degre is vpholden and maynteyned by reason of their rentes issues reuenewes and profytes that come of their maners lordshippes landes tenementes to them belongyng Than it is necessarye to be knowen howe all these maners lordships landes tenementê shulde be exteÌ„ded surueyed butted bouÌ„ded and valued in euery parte that the said estates shulde nat be disceyued defrauded nor dishe ryted of their possessyons rentes customes and seruyces the whiche they haue to theÌ„ reserued for mayn teynaunce of their estates and degrees And that there be no parcell therof lost nor imbeselde and than may the lorde of the sayd maners lordshippes landes and tenementes haue parfyte knowledge where the landelyeth What euery parcell is worthe and who is his freholders copyeholders customarye tenaunte or tenaunt at his wyll And what rentes customes and seruice he ought to haue of them with many moartycles as here after shal be declared Wherefore it is necessary that euery great estate bothe men women of worship that haue great possessyons of landes and tenementes shulde haue a Surueyour that can extende but and bounde and value them And therof to make a boke in parchement bearyng a certayne date after the maner forme as I shall make an intytulynge and to amende it where he semethe conuenyent Quia facilius est addere quam de nouo facere That is for to saye It is lighter to adde refourme or correcte thanne for to make newe and perfyte And the Surueyour to leaue the sayd boke made by hym with his lorde in maner of a regyster whervnto the same Surueyour or another offycer maye alway haue resort whan nede shall requyre to loke vpon And that boke so truely made maye be a regyster and sure euydence that the lorde his freholders copye holders nor tenauntes shall neuer lose landes nor rentes customes nor seruyces but euery man that redeth the boke shall ê‘fitely knowe where the laÌ„des lye whose it was at the day of the makyng of the sayd boke and whose it is Than if the owner make a true pee degre or coÌ„ueyaunce by discente or by purchace vnto the said landes or lordshippes and specially if the names of the lordes and tenauÌ„tes that occupy might be renewed ones iÌ„ fourtie or threscore yeres for than it wolde be as a perpetuall and sure euydeÌ„ce for euer to put away all strife and varyauÌ„ce bytwene lorde and lorde lorde and tenaunt tenaunt and tenaunt in good quyetnesse peace But of one thyng I pronounce and declare and take god to my recorde that I make this boke all onely to th entent that the lordes the freholders nor their heyres shuld nat be disheryt nor haue their landes lost nor imbeselde nor encroched by one from another and to non other entent And for that I aduertyse and exorte on goddes behalfe all maner of persons as well lordes as other That whan the lordê or freholders knowe where their landes lye and what euery pasture or ê‘cell is worthe by the yere That the lordes nor the owners therof do nat heyghten their rentes of their tenauntes or to cause them to pay more rent or a gretter fyne than they haue ben acustomed to do in tyme past For as me semeth a gretter charyte nor almes dede a man may nat well do than vpon his owne tenauntes And also to the contrarie a gretter bribery nor extorcyon a man can nat do than vpon his owne tenauÌ„tes for they dare nat say nay nor yet coÌ„playne and therfore on their soules go it that so do and nat on myne ParaueÌ„ture the lorde wyll say it is nat his dede it was his Surueyours but that can nat be so for saynt Augustyne saythe Qui ê‘ alium facit per seipsum facere videtur That is to say he that commauÌ„deth another man to do a thyng he dothe it hym selfe And there be two princypals in one acte doyng and also he saythe Consenscientes et ageÌ„tes pari pena puniantur That is to say the consentours and the doers shall be lyke punysshed at grammer scole I lerned a vers
and that is this Dum poteris quid vis possis cognoscere quid sis That is to say whan thou mayst do what thou wylte thou mayst knowe what thou arte that is to wytte good or yuell But for a grounde of this treatyse the whiche I do note and calle it the boke of Surueyng and of improuementes I do take an olde statute named Extenta manerii as a principall grouÌ„de therof as herafter ensueth ¶ Explicit ¶ Of castels and other byldinges what the walles tymbre stone leed sclate tyle or other of couerynges is worthe aswell within the walles as without And also of gardens curtylages douehouses all other profytes be worthe by the yere c. Capitulo primo INquirend est de castris et etiam aliis edificiis fossatê circuÌ„datis quaÌ„tum muri et edificia ligna et lapidia plumbo alio modo cooê‘ta valent et pro quaÌ„to appreciari poterunt scdm verum valorem eoruÌ„dem murorum et edificia et quaÌ„tum edificis extra fossatis appreciari possunt et quantuÌ„ valeant vna cuÌ„ gardinis curtilagiis columbar et omnibus aliis exitibus cur per annuÌ„ This is to say in Englysshe It is to be enquered of castels and also of other buyldinges dyched about What the walles the byldinges tymbre stone leed and other maner of couerynge is worthe And howe they maye be solde after the very value of the same walles and bylding And howe moche the bildinges without the dyche maye besolde for what they be worthe with the gardens curtylages douehouses and all other issues of the courte by the yere To the declaracyon and constructyon of this statute me semeth there ought to be made a distynction for the statute gothe generally De castris et aliis edificiis fossatis et circundatis et extra fossatis These wordes go aswell to those castelles and other byldinges that be well vpholden and inhabyted as well as of those that be fallen in dekay and nat inhabyted to those that be inhabyted It is nat necessarie to be exteÌ„ded nor valewed in any parcell For lette a man make a castell towre or any maner of newe buyldinges and finysshe it clerely if he shulde go take it downe and selle euery thyng by it selfe agayne he shulde lose the more halfe of his money And therfore in myne opynion this statute was made soone after the barones war the whiche ended at the bataile of Euessham or soone after in the tyme of kynge Henry the thirde where as many noble men of blode were slayne and many fledde that afterwarde were attaynted for the treason they dyde to the kyng and by reason therof their castelles and maners were seased in to the kynges handes And so for want of reparacyons the castels and the maners fell to ruyne and in dekay And whanne the kyng and his counsayle sawe that they thought it was better to extende them and make the moost profyte that they coulde of them than to lette them to fall to the grounde and come to no mannes helpe and profyte Wherfore kyng Edwarde the first ordayned this statute to be made the fourthe yere of his raygne wherin is coÌ„tayned many dyuers chapiters and artycles the whiche at that tyme was but instructyons howe what they shulde do that were commyssioners or surueyours in the same ¶ First it is moste necessary conuenient to retayle and to sell euery thyng by it selfe and nat all in grose some to one man some to another For that that is good for one man is nat good for another and euery thing to be praysed and solde by it selfe that is to say The stone wall of one house by it selfe the tymbre of the same house by it selfe the coueryng by it selfe the tyle sclate or leed by it selfe the glasse by it selfe the yron ware as barres bandes hokes boltes staples or latches and all suche other by themselfe doores wyndowes boordes and all other thynges by them selfe and to go fro house to house sell euery thynge by it selfe and than shall the trewe value be best knowen And it is conuenyent that these thynges be offred to be solde to dyuers men and to se who wyll gyue most and specially to sell whan men desyre to bye Also to value what the grasse of the gardens curtylages courtes and house places that be within the dychesse or without be worth by the yere A curtylage is a lytell croft or court or place of easment to put in catell for a tyme or to ley in woode cole or tymbre or suche other thynges necessary for housholde Also to value the profyte of the douehouse if any be there yf it be replenysshed with doues ¶ Howe many feldes are of the demeynes and howe many acres are in euery felde and what an acre is worthe by the yere c. Cap. secundo ITem inquirend est quot campisunt in dnÌ„ico quot acre sunt in campo et quaÌ„tuÌ„ valet qÌ„libet acra ê‘ se per annuÌ„ It is to be inquered how many feldes are of the demeyns and howe many acres are in euery felde and what euery acre is worthe by the yere This is a lyght letter and nedeth but lytell declaracyon for by these wordes quot campi sunt in dnÌ„ico It must nedes be taken of feldes that be in tyllage or plowyng but it wolde be vnderstande wheder the demeyne landes lye in the commyn feldes among other mennes landes or in the feldes by them selfe And if they lye in the commyn feldes it is conuenyent that they be plowen and sowen and than is nat an acre so moche worthe as it were in seueralty inclosed or in seuerall pasture For the felde be inclosed about than it is at the lordes pleasure wheder they shall lye to pasture or to tyllage and thoughe it lye in tyllage yet hath the lorde the Edysshe and the aftermathe hym selfe for his owne catell And therfore an acre is at the more value and yf it lye in pasture the pasture may be suche that it is at double or treble the value of the errable lande Wherfore the acres are to be praysed accordynge and if they lye by great flattes or furlonges in the commyn feldes it is at the lordes pleasure to enclose them and kepe them in tyllage or pasture so that no nother man haue coÌ„myn therin ¶ Howe many acres of medowe ar of demeyns and howe moche euery acre is worthe and to what maner of catell it is moost necessary vnto and howe many beastes it wyll fynde and what the pasture of a beast is worthe by the yere Cap. iii. ITem inquirenduÌ„ est quot acre parti sunt in dnÌ„ico et quantuÌ„ quelibet acr valet ad locaÌ„duÌ„ per se per annuÌ„ et adcuiusmodi bestias et aiÌ„a lia pastur illa fuerit magis necessaria quot et quales possit sustinere et quantum valet pastura cuiuslibet bestie et aiÌ„alis
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
mylnes cutlersmylnes smethymylnes all suche other as the whele gothe by drifte of water to blowe the bales or to dray any water lyke a pompe as there be in Cornwall and dyuers other places Though they be no mylnes properly to grynde corne yet it is a ê“fyte to be lorde the whiche a surueyour may nat forget to put in his boke and to but and bounde them as they lye and who be the fermours and what rentes they pay And to the cornemilnes to the moost parte of theÌ„ belongeth Socone that is to saye custome of the tenauntes to grynde their corne at the lordes mylne that is as me semeth all such corne as groweth vpon the lordes grounde that he speÌ„deth in his house But and he bye his corne in the market or other places he is than at lybertie to grynde wher he may be best serued that maner of grynding is called loue Socone and the lordes tenauntes be called bonde socon And if they grynde nat their corne at the lordes mylne the lorde maye a merce theÌ„ in his court or els he may sue them at the commen lawe De secta molendim facienda But whan he shall make his declaracyon in the debet and whan in the solet I remytte that to men of lawe that haue experience therof It is also to be knowen howe the tole shulde be taken but there be so many dyuers grauÌ„tes made by the lord some men to be grouÌ„den to the twentie parte and some to the .xxiiii. parte tenauÌ„t at wyll to the .xvi. parte and bondmen to the .xii. parte some men to be tole free and some to be hopper fre that is to wytte that his corne shal be put into the hopper and grouÌ„de next to the corne that is in the hopper at the tyme of his comynge And in some place to take the tole after the strength of the water that foloweth by reason for that mylne that hath a bygge water and maye driue a great brode stonne the whiche wyll make moche more meyle than that mylne that gothe with a lytell stone he is moche better worthy to haue the more tole and yet shall the honer of the corne haue the more profyte And so there be so many dyuersities of takyng of tole that I wyll nat take vpon me to tell howe but also to remytte it to men of lawe to shewe the dyuersities But dout ye nat the mylners wyll be no losers of mylnes ther shall more be spoken of in the chapiter of waters among the improwmentes De piscariis seperalibus that is to be vnderstande in the lordes standyng waters as pooles and meyres and also rynninge waters that be seuerall as be very many in dyuers couÌ„treis sette to ferme from one place of the ryuer to another for certayne rent and if any man fysshe in the lordes pooles or meyres the lorde maye haue his accyon vpon the statute of Westmynster primÌ„ And yf he fysshe in the rynning and seuerall waters the lorde may haue his actyon at the coÌ„men lawe in lykewyse the lordes tenaunt if any man fysshe in his ferme holde be it standynge waters and rynninge waters And where he saythe de omnibus of commen fysshynges that is lytell profyte to the lorde but to his tenauÌ„tes except he dwell nighe the see and wyll cause his seruant to fysshe there for hym for that is the best coÌ„men water that any man can fisshe in And somerynning waters be coÌ„men as lytell brokes and sytches and in some rinnyng waters the lordes tenauÌ„tes haue lybertie by custoÌ„e to fysshe with shouenettê trodenettes small pytches and suche other ¶ Of fre tenauntes the whiche dwell without as well as within c. Cap. x. ITem inquirendum est de libere tenentibus quibusque forinsecis et extriÌ„scicis Also it is to be enquered of fre holders the whiche dwell without aswell as wtin By this letter it is to be vnderstanâ—e that a free holder maye dwell out of the precyncte of the lordes manere and yet holde his lande of the said manere â–ª For one manere maye stretche in to dyuers shyres as the honer of Tutebury Walyngeforde Pountfrette Tyckell and suche other And in that cause the lorde of the honer or manere may take a distresse for his rentes homages relifes customes and seruyces and to bringe the same dystresse out of that shyre where it was taken in to that shyre where the manere is of whom these sayd landes be holden And if the tenauÌ„t wyll sewe repleuy the sherife wher the catell is shall make and serue the repleuy and nat the sherife where the goodes or the catell was taken nor returne vpon his repleuy qd aueria elongata suÌ„t And the lorde may haue a fre holder that holdeth his lande of hym payeth hym chefe reÌ„tes and other seruyce and nat by the reason of any manere As thus a man purches a parcell of lande before the makyng of the statute quia emtores terrarum And gyue the same landes agayne to a stranger before the makyng of the sayd statute to holde of hym by certayne rent and seruyce This may be called a forren fre holder for it is no parcell of any manere and it is no maner it selfe â–ª For to euery manere belongeth two thynges that is to sayâ— parcell in demeyne parcell in seruice That is landes in demyne belongyng to the maner and seruyce customes or reÌ„tes this free holder I spake of before hath demeyne but he hath no seruice Also a man maye haue bothe rent and seruyce of a freholder and yet he holdeth nat his landes of him that he payeth his chefe rent vnto As and a man purches laÌ„des sythe the makyng of the sayd statute and gyue it to a strauÌ„ger reseruyng fealtie and certayne rent this free holder holdeth his landes of the chefe lorde next aboue and yet shall he paye his rentes and seruices reserued to him that gaue it to hym if the gyfte were in the tayle and no remaynder in fe euer nowe the reuercyon resteth styll in the donor I coude speke more of the gyftes remaynders but I remyt theÌ„ to men of lawe that be lerned for it is nat the mater that I entende to speke of How be it it is very necessarie for euery Surueyoure to haue insyght and experyence of the coÌ„men lawe or els at some season he shall disceyue his lorde or his tenant specially his owne soule for saynt Isodorus saythe Qd ignoraÌ„tia crassa vel affectata non excusat peccatuÌ„ That is to saye ignorance of connynge or of the facultie in hym that taketh vpon him as a mayster or techer of the science or coÌ„nyng excuseth nat a mannes offeÌ„ce for euery man that god gath sende wytte and reason vnto is bounden to knowe wheder he do well or yuell And therfore it is necessarie that euery man lerne and do his dilygence to knowe what he oughte to do or he take vpon hym any suche
domini huius manerii et petit licenc ad maritand filiam suam infra dominium istud vel extra dominus per W. C. senescallum suum concessit licenc et dat c. MEmorandum that there is no maner of estatê made of free lande by polle dede or dede indeÌ„ted but lyke estates may be made by copye of copye landes if they be well made and entred in the courte rolles And the stewarde is bounde by lawe and conscyence to be an indyfferent iudge bytwene the lorde and his tenauntes and to entre their copyes truely in the lordes court rolles the whiche is a regester to the lorde to knowe his presydentes customes seruyces and also a great suretie to the tenantes that if their copies were lost they may vouche and resort to the lordes court rolles and the stewarde maye make them newe copyes accordynge to the olde presydent in the lordes court role lyke as at the commen lawe whan a mater in varyauÌ„ce bytwene two men is past by verdyt and iudgement gyuen therof and entred in the kynges recordes ther it resteth of recorde and also yf a dede or a patent be inrolled there it remeyneth of recorde in lyke maner so that if any partie wyll haue any copye therof they maye sue to the iudges the offycers of the place where the recorde lyeth and haue a copye therof exemplyfied vnder the seale of offyce of the same place where suche recorde lyeth and maye plede the same recorde in euery court the kyng hathe and the lordes stewarde maye do in lyke maner c. ¶ The othe of all maner of offycers generally ¶ To whome the stewarde shall saye ley thy hande vpon the boke and saye after me I shall true constable be trewe thridborowe trewe reue trewe frankelege trewe tythingman true ale taster trewe wodewarde and trewe pynder with suche other offycers that be vsed to be sworne in the lordes courte and true preseÌ„tment make and truely and duely do and kepe all thynges that belongeth to myne offyce to do so helpe me god and my holydome and kysse the boke ¶ The othe of a denysen ¶ I shall true liegeman be and true faythe beare to kyng Henry that nowe is and to his heyres and no trayson do nor thervnto assent nor no thefte do nor no theues felowe be nor any of them to knowe But that I shall enforme and do to witte them that be the kynges offycers therof that haue the lawe to gouerne and I shall be buxome and obeydient to iustyces coÌ„myssioners sheriffes exchetours baylyes and constables and to all other offycers of the kynges in all thynges that they commaunde me to do laufully so helpe me god and halydome c. ¶ The othe of afferoure ¶ I shall truely affere this court and highe no man for no hate ne lowe no man for no loue but to sette euery man truely after the quantite of his trespace to my knowledge sauyng to a gentylman his counteynaunce and his householde a machaunt his marchaÌ„dyse a husbande his tenure and his werke beestes to his ploughe so helpe me god and my holydome This artycle gothe farther Et quantum reddant per annum de redditu assise And howe moche they yelde by the yere of rente of assise And first ye shall knowe that there be thre maner of rentes that is to saye rent seruyce rent charge and rent seeke Rent seruyce is wher a man holdeth his laÌ„des of his lorde by fealtie certayne rent or by homage fealtie certayne rent or by any other seruice and certayne rent This is a reÌ„t seruyce if the rent be behynde at any day that it ought to be payed at the lord may distreyne for that rent of coÌ„men right and if the lorde purchase parcell of the sayd lande that the rent gothe out of the rent shal be apporcyoned except it be an entter rent as a sperhauke or a horse or suche other that can nat be seuered for than the rent is extinct and gone for euer c. Rent charge is where a man is seased of landes in fee and graunt by poole dede or by dede indented â–ª Annuell rent goyng out of the same landes in fee or in fee tayle or for terme of lyfe with a clause of dystresse that is a rent charge and the grauÌ„tee maye distreyne for the same rent bycause of the clause of dystresse But if the graunte purchase parcell of the sayd landes wherof the sayd rent gothe out the hole rent charge is extynct and gone for euer For suche a rent charge maye nat be apporcioned bycause the landes come to his owne possession by his owne acte or dede Rent seeke is wher a man is seased of landes in fee graunt a rent goyng out of the same without a clause of distresse that is a rent seeke and it is called a reÌ„t seeke bycause there is no distresse insedent nor beloÌ„gyng to the same Also if a man by dede indeÌ„ted make a feoffement in fee or in fee tayle the remayndre ouer in fee or for terme of lyfe remeyner ouer in fee reseruyng to hym certayne rente without any clause of distresse in the same That is a rent seeke and if the graunte were neuer seased of the said rent he is with out remayndre by course of the coÌ„men lawe Ther is another maner of rent that is nother rente seruyce rent charge nor rent seeke and that is called rent annuell And that is where as a man graunteth by his dede an annuitie of xx.s be it more or lasse and chargeth no lande with the payment of the same That is a rent annuell and it chargeth the person that graunteth the sayd rent by a writte of annuite and in some cause a rent charge may become an annuell rent as and a man graunt a rente charge out of his lande with a clause of dystresse the graunte is at lybertie wheder he wyll distreyne for the rent or sewe a writ of an nuyte agaynst the graunter And if he sewe his writ of annuyte the lande is dyscharged of any distresse and therfore the grauntour maye make a prouycion in his graunt s prouiso semper ê™ presens scriptum nec aliquid in eo specificatum non aliqualiter se extendat ad onoranduÌ„ personam meam per breue vel actionem de annuite sed tantuÌ„modo ad onoranduÌ„ terras et tenementa predicta de annuali redditu predicto And this prouyse had the landes be charged and the person discharged ¶ Of those free tenauntes that sewe to the courte of the countie and who seweth nat and howe moche falleth to the lorde after the decesse of suche tenauÌ„tes Cap. xii ITem inquirendum est de predictis libere tenentibus et qui secuntur ad cur ad comÌ„ in coÌ„mitatu et qui non quantum accidit domiÌ„o post mortem taliuÌ„ liberorum tenentium It is to be enquered of the foresayd free tenauntes whiche of them shall folowe the court of the
countie and whiche nat what shall fall vnto the lorde after the dethe of suche free tenauntes Me semeth that all maner suche tenauÌ„tes 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 coÌ„missyoners of the kynges bitwene partie and ê‘tie 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 ê‘sonell 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 ê‘sonell de declared .xl. markes or aboue the freholder must haue laÌ„des 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 muaÌ„st 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 dnÌ„o 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 tenauÌ„t holdeth of the lorde C. s. of his heyre in the name of relefe For the whiche the lorde maye distreyne in euery ê‘cell of that lande that is so holden of hym for the same of coÌ„men 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 rentê 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 grauÌ„te 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 coÌ„mytte or graunte with mo artycles parteynyng to the same I remytte all those poyntê 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 auÌ„cestr and than her auncestr dye the lorde shall haue the warde of the lande to the age of .xiiii. yeres and than her husbaÌ„de and she maye entre and putte out the lorde and if the tenauÌ„t 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 tenauÌ„t 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 fouÌ„de 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 tenemeÌ„tes to another
cause there can nat be to great a punysshement for as me semeth there shulde no man be bonde but to god and to his king prince ouer hym Quia deus non facit exceptionem personarum For god maketh no excepcyon of any person Wherfore it were a charytable dede to euery noble man bothe spuÌ„all and temporall to do as they wolde be done by that is to manumise them that be bonde and to make them free of body and blode reseruyng to them their rentes customes and seruyces of olde tyme due and accustomed wherin they may geat the prayers of the partie and remissyon of their offeÌ„ces as in the hospell Eadem mensura qua mensi fueritis remisictur vobis The same measure that ye do mete to other men shall be metton to you In many lordshyppes there is a customary roole bytwene the lordes and their tenauntes and it ought to be indented one parte to remayne in the lordes kepynge the other parte with the tenauntes and dyuers true copyes to be made of the same that the rentes and customes ronne nat out of remeÌ„braunce And also a suyte rooll to calle all those by name that oweth any suyte to the lordes court and than shall there be no counselment of the sutours but that the stewarde may knowe who is nat there if any suctour decesse the name of his next heyre wolde be entred in to the same roole an inquery made and presented what he helde of the lorde and by what tentes customes and seruyce of euery parcell by itselfe who is his nexte heyre and of what age he is of and this truely done and entred in to the role it wolde be a conueyaunce of discent in maner of a pee degre and profytable to the lordes and also to the tenauntes causa patet The name of euery tenaunt must be put in the roole and his mese place to be butted bonded as it lyeth in length and brede and bytwene whom And also his landes medowes leys and pastures lykewise butted and bonded that it maye be knowen many yeres after who dwelled there and what landes medowes and pastures laye to the same at that tyme. And what warkes and customes the tenaunte dothe for euery parcell and what the werkes and customes be worthe in a yere and howe moche rent the tenant dothe paye for euery parcell besyde the customes and werkes to the entent that if any parcell of lande medowe or pastur be aliend solde or chauÌ„ged or put from one tenaunt to another The lorde his baylye may knowe what rentes customes and werkes he shall aske and haue of the occupyer for euery parcell And it is the moost speciall poynt that longeth to a surueyour to but and bounde truely euery parcell by it selfe and to knowe what rentes werkes customes and seruyces gothe out of the same for than maye he make a true rentall or customarye roole and putte all thynges in a certentie ¶ Of cotyers what cotages and curtilages they holde and by what seruyce and howe moche rent they paye by the yere c. Cap. xiiii ITem inquirenduÌ„ est de cotorellis que cotagia curtilagia teneant et ê‘ quod seruic et quantuÌ„ reddant per annum pro predict cotagiis et curtilagiis Also it is to be enquered of Cotagers what cotages and curtylages they holde by what seruyce and what they yelde by the yere for the foresayd cotages and curtylages This chapiter and the next present be bothe of one effecte but that it is to pÌ„sume that ther is nat so moche rentes herryottes customes and seruyces to be payed done for a cotage as there is for a mese place or a better tenement but it maye be lyke custome and seruyce ¶ Of perquesytes or profytes of counties of courtes and of forestes what they be worthe by the yere c. Cap. xv ITem inquirend est de perquesitis com mitatuuÌ„ cur forestariorum cum expeditamentis canum quantum valent per annum in oiÌ„bus exitibus Also it is to be enquered of the perquesytes and profytes of the couÌ„ties of the courtes and of the forestes with the cuttynge of of the dogges cleyse and howe moche they be worthe by the yere in all the issues and profytes This chapiter toucheth nat the offyce of a surueyour but lytell for the yssues and profytes of the couÌ„ties sessyons and assises are moost coÌ„menly the kynges and they be kept and ordayned by the shiryf and the iustyces of peace that be ordayned and put in coÌ„myssion by the kyng and his counsayle and the issues and profytes of them are estreyted by the sayd iustices and returned in to the kynges escheker and ther they rest of recorde the whiche afterwarde is estreyted agayne and sende downe to the shiryffes of euery countie to leuy and gader vp the same therof to make an accoÌ„pte in the sayd escheker and it is called grene waxe And the courtes of the forestes be ordayned and kepte by the iustyces of the forestes and their deputies and the issues and profites therof the whiche cometh moost coÌ„menly by fynes and mercymentes are nat estreyted in to the escheker but made out by the stewarde to the baylyes and other officers of them that oweth the forrest And there me semeth the Surueyour maye sytte with the iustyces of the forrestes to one thyng specially and that is this that no townshyppe nor hamell entre comen within the forestes chases wastes heythes moores and suche other great coÌ„mens but all onely suche that of ryght ought to haue commen within the same Wherfore it wolde be ordayned that euery towneshyppe and hamell that ought to haue any suche commen in any forestes chases wastes moores heythes and suche other great coÌ„mens where dyuers townshyppes and hamels entre coÌ„men toguyder Euery townshyppe and hamell ought to haue a dyuers brennynge yron and euery beest horse mare colte that is put vpon the coÌ„men ought to be brenned in some parte of his body with the sayde yron and than shall euery beest be knowen of what townshippe he is And that were a great redynesse to the kepers and also a great sauegarde for stealyng of the catell And than may the kepars regarders goysters and other offycers of suche forest and chases haue parfyte knowledge what townshyppe the catell is of And if any of these sayde officers fynde any maner of catell hauynge no suche brenne they maye attache theym and cease theym as streyes and put them in sauegarde to the lordes vse tyll they be yered and deyd And they ought to aske them thre sondayes in thre or four next parysshe churches and also crye them thre tymes in thre the nexte market townes And if no man come within the yere and the day and to make suffycient proue that the catell is his than it is forfayte to the lorde as a strey in lyke maner the swyne and shepe of euery township and hamell
ought to be pytched with the sayd brennyng yron or suche another lyke the same but as for all other poyntes and artycles touchyng the forestes the Surueyour hath lytell to do Wherfore I remyt all other artycles to the iustyces of the forestes and to their deputies to execute their office ye shall knowe that no man shall haue a forest of right but the kyng except he or his auncestâ—rs haue had a specyall grauÌ„t therof by charter of the kyng and his progenytours in tymes past and so vsed c. ¶ Of churches that belong to the gyfte of the lorde howe many there be and wher they be what euery churche is worthe c. Cap. xvi ITem inquirend est de ecclesiis que pertinent ad donationem dnÌ„i quot sunt et vbi quantuÌ„ valent et quaÌ„tum quelibet ecclia valet per se per annum scdm veraÌ„ estimationem illius It is to be enquered of all the churches that belong to the lordes gyft how many ther be where they be what they be worthe what euery church is worthe by it selfe by the yere after the true estimacyon of the same The letter of this chapiter is very playne nedeth nat moch declaracion further than is spoken of but alonely in one thyng that is thus oft tymes he that hath right to present to a churche at one tyme hath nat right to present to the said church at the next tyme. And that is where any sole patrone of a churche hath issue two thre or four doughters and decesse so that the right of patronage of the sayd churche disceÌ„deth to all the sayd doughters Whan the churche is voyde they shall present by tourne the eldest doughter first than the seconde at the next auoydaunce than the .iii. and so forthe tyll they haue presented ones ouer and than to begyn agayne at the eldest doughter excepte they make any other perticyon among them selfe by agrement And than must euery one of them present by their tourne accordyng to their petycion as it cometh about And so must the Surueyour make his boke accordyng to the ryght of the presentacyon as euery tyme secoÌ„de tyme thirde tyme or fourth tyme and so forthe Also what lordes or Gentylmen haue their tourneyse with them in the same benifyce and whiche of theÌ„ presented last and who shall haue next and who than tyll they haue gone aboute in what towne it is and in what shyre and dyocise it is and what euery benifyce is worthe by it selfe by the yere as it canne be estymate ¶ What the herryottes be worthe the feyres exchetes customes seruyces and forreyne warkes the plees and perquesites of the courtes fynes relefes all other thynges that may fall to the lorde by the yere c. Cap. xvii INquirendum est quantum valent herriotta nuÌ„dine escaeta consuetudines et seruic et operationes forinsie et quantum valent placita et perquesita fines et reliuia et omnia alia que accidere possunt per annum in omnibus It is to be enquered what be the value of herryottes feyres exchetes customes seruyces forreyne warkes and what the plees be worthe and the perquesytes or profites of the courtes fynes relefes and all other thynges maye fall by the yere in all This chapiter gothe in a generalytie and is lyke as whan an audytour hath cast all the mynistr and partyculer accomptes of euery baylye or reue and other accomptance and hath made his boke parfyte of all the partyculer whervpon the whole charge resteth Than whan the lorde wolde knowe what thertent is of all his hole landes and also of euery ê‘tyculer parcell by it selfe it were to long a processe to shewe hym all the sayde minystr and partyculer accomptes and thoughe he dyde he shulde nat knowe the grose sommes of his rentes fynes herryottes exchetes ê‘quesytes suche other euery of them by hym selfe Wherfore he wyll cause his audytoure to make a value in maner of a bridgement of all the sayd minystre accoÌ„ptes and first to knowe the hole charge of all the partyculers what they be at the first syght in the soÌ„mes totall Than to deuyde the soÌ„mes totall in dyuers ê‘cels as the chefe rentes of the freholders by theÌ„selfe the rentes of customary tenauÌ„tes by theÌ„selfe tenauntes by indeÌ„ture or tenauÌ„tes at the lordes wyll by theÌ„ selfe so that he may make a grose soÌ„me of euery maner of rent â–ª so that one reÌ„t may be knowen from another But than must the audytour haue good parfyte informacion or els he can nat do it and that informacion must come by the surueyour the baylyes for they ought to knowe one maner of rent from another and therfore their rentalles wolde be made a cordyng also the perquesytes of the courtes by theÌ„selfe And those must be in lyke maner deuyded as the plees by them selfe the mercementes for coÌ„men trespace by them selfe fynes by them selfe herryottes by theÌ„selfe exchetes by them selfe and so of relefes feyres markettes and all other casualties euery of theÌ„ by them selfe and ought to be presented in the court by them selfe And therof to be made an estreyt to the bayly or reue to gader by brought in to the accompte to the audytour the whiche he may deuyde in makynge of his value if the accoÌ„ptance bring hym perfyte reÌ„tals and court roles and nat els but if they do it nat at the first tyme he must teche and enforme theÌ„ howe they shulde make them perfyte Also customes seruyces and warkes be ofte tyme done by bodely seruice and warkes and than they be nat to be acompted for but yet mencyon wolde be made in the accompte therof And many tymes suche maner of customes seruyces and warkes be tourned in to money And than it coÌ„menly gothe with the rentes and the bayly or reue is charged therwith And this chapiter reherseth further Et omnia alia que accider possit per annum in omnibus And of all other thynges that maye fall to the lorde what they be worthe by the yere and those may be taken as mynes of tynne leed ore cole yron stonne freston mylne stones gryndell stones lymestonne chalke furlers erthe Sande cley grauell brome gorse or fyrs marle turues thornes woode busshes heyth Ferne or braken and suche other yf there be any newe founde and ought to be putte in a rentall to a certentie or els to be putte in accompte by waye of approwment And than thauditour may deuyde the casualties from the certenties and to make a grose somme of them all And yet maye the value of euery thyng appere and be knowen howe moche it is by it selfe And than must there be deduct out of the sayd grose somme all maner of out rentes and ordynary charges as baylyes fees reparacyon and suche other and thanÌ„e to make a clere grose somme of euery yere by hym selfe And bycause ofte tymes more casualties falle
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
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