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
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
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
contayned in this present chapiter the letter therof is playne ynoughe and also touched before ¶ Whether the lorde may gyue or selle the resydue of his forren woodes and what suche gyfte or sale is worthe by the yere c. Cap. vii ITem inquirendum est vtrum dominus de residuo boscorum predictorum forinsicoruÌ„ dare possit et quantum valet huius donationis et venditionis per annum It is also to be enquered wheder the lorde maye gyue or sell the resydue of his forren woodes aforesayd and what suche gyfte or sale is worthe by the yere This letter is playne ynoughe and as me semethe no doubte but that the Lorde maye gyue or selle the resydewe of the sayde woodes or wastes Excepte that a manne haue commen of Estouers But what that gyft or sale is worthe it is to be vnderstaÌ„de and knowen and as me semeth the donee or the byoure shal be in lyke cause as the lorde shulde haue ben if he had nat gyuen it nor solde it Than the lorde hath iÌ„proued hym selfe of as moche wodes and wastes as he can laufully and whan he hath gyuen or solde the resydue of that he canne nat improue hym selfe of in lyke maner the donee nor the byour can nat improue them selfe of any parte therof For they canne nat be in no better case than he of whome they had it howe be it that they that of right ought to haue their commens be nat their tenauntes but their tytell and interest grewe by enherytaunce longe tyme before the gyfte or sale made by the lorde And it foloweth by reson that the gyfte or sale of a straunger shall nat hurt another mannes enherytaunce But this donee or this purchasoure shall take to their profyte all the vesture standyng vpon or beyng with in the sayd grouÌ„de as woodes and suche other as is sayde before in the next chapiter ¶ Of panage and herbage of the towne and of all other profytes of pooles meyres and rynnynge waters of moores heythes and wastes what they be worthe by the yere c. Cap. viii ITem inquirenduÌ„ est de panagio herbagio ville et omnibus aliis exitibus viuarioruÌ„ morarum bruerum et vastorum quantum valent per annum Also it is to be inquered of panage herbage of the same towne and of all other profytes of polles meyres and rynnyng waters of more 's hethe and wastes what they be worthe by the yere And where this Statute speketh de panagio that is to be vnderstande WhanÌ„e there is any mast growyng in the lordes wodes wherby meÌ„nes swyne may be fedde and releued what profyte that may be to the lorde For ther is no man that can clayme of right to haue the mast the whiche is a frute but the lorde except his free tenaunt haue it by speciall wordes in his dede Quod sit quietus de panagio And the lorde shall haue it in his forren out wodes as well as in his parkes or seuerall wodes as the quantite of the mast is so the lordes baylye of right ought to ley meÌ„nes swyne thervnto from Myhelmas to Martylmas and to make a true accompt therof at the lordes audyte what he taketh for euery swyne And in many places the tenauntes go fro panage in the forren wodes by custome that is moost commenly where as the tenauntes pay tacke swyne by custome if he haue to a certayne nombre or els to pay yerely at Myghelmas .i. d. or an halfpeny for euery swyne as the custome is vsed The statute speketh De herbagio ville That is to be vnderstande of the commen pasture that belongeth to the towne whervpon the herdman kepeth the tenauntes catell It may be so good that the tenauntes nede nat to haue any seuerall pasture but that their coÌ„men pasture shulde be able to fynde all their catell bothe horses mares beestes and shepe and so it was of olde tyme that all the landes medowes and pastures lay open and vnclosed And than was their tenemeÌ„tes moche better chepe than they be nowe for the moost parte of the lordes haue enclosed their demeyne landes medowes and kepe them in seueraltie so that their tenauntes haue no coÌ„myn with them therin And also the lordes haue enclosed a great parte of their waste groundes and streytened their tenauntes of their coÌ„myns therin and also haue gyuen lycence to dyuers of their tenauntes to enclose parte of their errable laÌ„des and to take in newe intackes or closes out of the coÌ„mens payeng to their lordes more rent therfore so that the coÌ„men pastures waxen lasse and the rentes of the tenauntes waxen more and more And that is bycause the tenauntes waxen more polytike in wysedome to improue their tenementes holdynges and fermes and at th ende of the ferme another man that made no cost of the sayd improuement offereth the lorde certayne money for a fyne to haue it or to heghten the rent of the same so that he that made the coste or his children shall nat haue the sayd ferme without he wyll gyue asmoche or more as is offred to the lorde and so thorowe the enuy of his neighbour the couytousnesse of the lorde and his offycers the pore tenaÌ„t hath a great losse or els vtterly vndone god amende it And the lordes haue a gretter losse than they wene for their tenaÌ„tes se howe their neyghburs that haue bylded their houses improued their landes be put out except he make a fyne or pay more rent Causeth theÌ„ nother to bylde nor otherwyse to improue their holdiÌ„ges to the lordes great losse at length And where the statute sayth de oiÌ„bus aliis exitibus viuarioruÌ„ moraruÌ„ brueruÌ„ et vastorum of all profytes that shall coÌ„e of the lordes staÌ„dyng waters more 's hethe wastes viuariuÌ„ is a pole or a meyre that fisshe encreaseth lyueth in Some rynniÌ„g waters be as fre seuerall to the lordes as their pooles meyres or standyng waters And as they be stored with fysshe so dothe the profyte ryse to the lordes wheder they go by way of improuement or set to ferme wherof the bayly shall make accompte Moores hethe and wastes go in lyke maner as the herbage of the townes for the lordes tenauntes haue commen in all suche out grouÌ„des with their catell but they shall haue no wode thornes turues gorse ferne and suche other but by custome or els speciall wordes in his chartour c. ¶ Of mylnes seuerall fysshinges and commen fysshyng what they be â—orthe in the yere Cap. ix I Item de moleÌ„dinis piscariis seperalibus et coÌ„ibus quantuÌ„ valent Also of mylnes seuerall fysshinges coÌ„men fysshingê what they be worthe In this short artycle many thingê ar to be remeÌ„bred for wher he sayth de moleÌ„dinis the whiche is in the plurell noÌ„bre it is to be vnderstande that ther be many maner of mylnes as cornemylnes wyndmylnes horsemylnes quernes that go with hande Fullyngmylnes sythe
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
offyce or rowme ¶ Who be fre tenauntes and what landes and tenementes and what fees they holde and by what seruyce wheder by socage or by knyght seruyce or other and what rent of assyse they gyue by the yere and who holdeth by charter and who by AuÌ„cyent demeyne and who by newe feoffement Cap. xi ITem inquirendum est qui sunt liberi tenentes et qui et quas terras et tenementa et que feoda teneant et per quod seruicium vtrum per soccagium vel per seruiciuÌ„ militare vel alio modo et quantum reddant per annum de redditu Assise et qui tenent per cartam et qui non et qui per antiquam tenuram et qui per nouum feoffamentum Also it is to be enquered who be fre tenauntes and what maner landes and tenementes and what fees they holde and by what seruice and wheder it be by socage or by knight seruyce or of any other maner and what they yelde by the yere of rent of Assise and who holdeth by charter and who nat and who by the olde tenur and who by the newe feoffement It apereth by this artycle that there be many maner of fre holdes and holde their landes and tenemeÌ„tes in diuers maner and by many maner of rentes customes and seruyces as tenauntes in fee symple tenaÌ„tes in tayle tenantê by copye of court role tenauntes by the curtesy tenauntes in dower and tenauntes for terme of lyfe by speciall grauÌ„t and many other And all these tenauntes maye holde their landes by dyuers tenures customes and seruyces as by homage fealtie escuage socage knight seruyce graunt sergentie petyte sergentie franke almoyne homage auncetrell burgage tenures and tenure in vyllenage But to declare the dyuersytie of all the tenures it wolde be to longe a processe therfore I remytte it to the first boke of the coÌ„men lawe called the tenures But the diuersytie of these tenures what rentes fees customes and seruices the lorde ought to haue of his tenauÌ„tes can nat be knowen but by the lordes euydence court rolles rentayles and suche other presydeÌ„tes and specially by the originall dedes of their tenauntes And ye shall knowe that the lordes maye nat distreyne their tenauntes nor cease their landes in to their handes to cause their tenantes to shewe their euydence wherby they holde their landes But and the lorde haue any euydence rentayles or court rolles or any maner of rentes customes and seruyce that he hath nat and can proue a possessyon of the same in his auncesters sythe the lymitacyon expressed in the statute of Westmynster seconde in the secoÌ„de chapiter than he maye laufully distrayne for the same And than must the tenaunt shewe a discharge by suffycient writyng and nat by wordes or elles to paye the same for mater in writyng may nat be discharged by a newe de paroll s bare wordes The statute speketh qui tenent per cartam et qui non The tenauntes in fee symple and the tenauntes in tayle that haue euidence and dedes made sealed and possessyon delyuered of their lordes or by their attourney from one to another they holde their laÌ„des by charter be it newe made or olde And also there be tenauntes in fee symple and tenauÌ„tes in tayle that holde by no charter and those be tenauntes by copye of courte role As and a lorde haue a manere and within the sayd manere there is a custome that hath ben vsed tyme out of mynde that certayne tenauntes within the sayd maner haue vsed to haue their landes and tenementes to holde to them and to their heyres in fee symple fee tayle or for tme of lyfe at the wyll of the lorde after the custome of the manere suche a tenant maye nat gyue nor selle his lande by dede for and he do the lorde maye entre as in landes forfayte to hym For if suche a tenant wyll gyue or sell suche maner of laÌ„des to another he must surreÌ„dre the same landes in the lordes court in to the lordes handes vnto the vse of hym that shulde haue it or in fee symple fee tayle or for terme of lyfe And he that shall haue the lande must come into the court and take it of the lorde as here after foloweth AD hanc curiam venit I.B. et sursum reddidit in eadem curia vnum messuagium c. in manus domini ad vsum A. D. et hered suoruÌ„ vel hered de corpore suo existeÌ„tium vel pro termino vite sue Et super hoc venit predictus A. D. et cepit de domino in eadem curia predictum messuagium c. habendum et tenend sibi et heredibus suis vel sibi hered de corpore suo existeÌ„tibus vel sibi ad terminuÌ„ vite sue ad voluntatem dnÌ„i secundum coÌ„suetudinem manerii facieÌ„do et reddendo inde reddit seruicia coÌ„suetudiÌ„es inde prius debita et coÌ„sueta et dat dnÌ„o de fine c. et fecit dnÌ„o fidelitateÌ„ et ad missus est inde teneÌ„s And these maner of tenantes shall nat plede nor be impleded of their tenemeÌ„tes by the kynges writte but and they wyll implede eche other for their tenÌ„tes they shall haue their pleynt made in the lordes court after this forme or this effect A de B. querit versus C de D. de placito terre vcêª de vno messuagio deceÌ„ acris tre tribus acris ê‘ti c. cuÌ„ ê‘tinÌ„ shall make ê“testacion to sue his pleynt 〈◊〉 〈◊〉 nature of the kynges writ of formdowne in dec 〈…〉 t the coÌ„men lawe or of the kynges writ of assise of nouell disseson or of assise of mortauÌ„ceter or of any other writ at the coÌ„men lawe Plegii de prosequend GF et GH but howe the declaracion the answere replicacion reioyndre shulde be made and also in actioÌ„s of dette detinue câ—uenauntes trespas suche other I remyt that to men of lawe that haue expeience therof but one thyng wotte I well that many an erronious processe the stewardê make in their court rolles Wherfore men of honour and of worshyppe and abbottes priours and suche other shulde make men of lawe their stewardes to cause them to exercyse the offyce hym selfe with his clerke sufficiently instructed by his maister that there may be made due proues without fauoure bribery or extorcyon on payne of forfeyture of his offyce But it is a coÌ„men vse in some countreis that lordes knightes esquyers and gentylmen that knowe but lytell of the lawe be made stewardes and they come to the court or sende their clerkes that can as lytell lawe as their mayster or lasse but that he vnderstandeth a lytell laten And if there be a fyne to make for a tenement house or close that is to be sette the stewarde shall haue a rewarde for his good wyll that he may haue it before another man and the clerke must haue another
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 ê“fyte 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 theÌ„ well knowen from other one man maye haue and holde them bothe Also there be other tenaÌ„tes 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 haÌ„des 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 euydeÌ„ce 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 coÌ„men lawe and therfore they be called tenantes of base tenur Mesemeth it were necessary and coÌ„uenyent to shewe dyuers dyuersites howe copyes shulde be made for fere lest euery man that taketh vpon hym to kepe a court hath nat ê‘fitelye 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 custoÌ„e is ¶ Howe the copy shulde be made of landes holden by the yarde ¶ Ad hanc cur dnÌ„s concessit extra manus suas ê‘ I. F. capitalem senÌ„ suum TD M. vxori eius vnum mess et sex acr terre cuÌ„ pertinÌ„ iacent apud B. quibus dnÌ„s persenescalluÌ„ suum concessit seisinaÌ„ habend sibi et heredibus suis de dnÌ„o per virgam ad voluntatem dnÌ„i secundum consuetudinem manerii et dant pro fine pro ingressu inde habenduÌ„ prout patet in capite et fecit dnÌ„o fidelitatem et admissus est inde tenens ¶ Another forme for certayne rent for all maner of seruyce ¶ Ad hanc cur dnÌ„s concessit per I.F. senescalluÌ„ suuÌ„ TB et M. vxori sue vnum mess sex acr terre .ii. acr prati et vnam acram bosci cuÌ„ pertinÌ„ prefatê T M. hered et assignatis suis ad voluntatem duÌ„i secunduÌ„ consuetudinem manerii redd inde annuatim dnÌ„o et hered suis vel successoribus suis si dnÌ„s sit religio sus v.s.vi d. pro omnibus et singulis seruiciis ad duos anni terminos videlicet c. equis portionibus et dant dnÌ„o define c. et fecit fidelit The coÌ„men 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 tenauÌ„tes 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 theÌ„ in a redynesse whaÌ„ nede shall require but there shal be made any new incrochmeÌ„tes or intackis inclosed or taken in out of the coÌ„mens or any myne newe fouÌ„de as leed ore tyn cole yrcuston or suche other if a copy shal be made therof it is thaÌ„ 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 approumeÌ„t 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 messuagtuÌ„ decem acras terre tres acras prati cum pertinÌ„ 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 cuÌ„ crofto ad iacente et sex acras tre et ii acras prati cum pertifi ad voluntatem domini secuÌ„dum 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
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
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
or come to the lorde more in one yere than in another Therfore it is conuenyent that the clere grose sommes of fyue or sixe yeres or mo wolde be cast togider in one grose somme and to deuyde that somme in as many partes as ther was yeres cast togyder and than the clere value of one yere wyll be coÌ„menly about that somme so deuyded And thus endeth the brefe declaracyon of this statute Extenta manerii ¶ Explicit ¶ Of dyuers maners of takyng and doyng of homage fealtie Cap. xviii IN so moche I haue shewed dyuers dyuersites of tenures also dyuers maners of makyng of copyes and the othes of the officers of the court though they be nat expressed in the statute Me semeth also it were conuenyent to shewe the dyuersytes maner of takyng and doyng of homage and fealtie And ye shall vnderstande that homage is the moost honorable seruyce the moost huÌ„ble seruyce of reuereÌ„ce that a free man may do to his lorde For whan the tenaunt shall do homage to his chefe lorde of whoÌ„e he holdeth his chefe maner or maÌ„cyon place by knight seruyce and priorite He shal be vngirde and his heed vncouered and the lorde shall syt the tenaunt shall knele before hym on bothe his knees and shall holde his handes stretched out togyder bytwene the lordes handes and shall saye thus I become your man from this day forwarde of lyfe and of membre and of worldely honour And to you shall be faythfull and lowly and shall beare faythe to you for the landes and tenemeÌ„tes the which I holde of you sauyng the faythe that I owe to our soueraygne lorde the kyng and my other lordê And the lorde so sytting shall kysse his tenauÌ„t the which is a sygne of perfyte loue And why saythe the tenaun of lyfe of membre and of all worldely honour Bycause he holdeth his landes of his lorde by knight seruice and also by priorite for and he holde other landes of a nother lorde by knight seruice and posteriorite he shall nat saye to hym of lyfe and of membre for though he be bounde to hym by reason of his tenures of knyght seruyce to go to batayle with his lorde and to putte his life and membres in ieopardy with his lorde yet can he nat go with them bothe And therfore shall he go to batayle with that lorde that he holdeth his landes of by priorite And bycause therof if any suche tenaÌ„t dye his heyre beyng within age the lorde shall haue the kepyng of his body and the profyte of those landes that be holden of hym duryng the nonage also the maryage of hym Wherfore it is to be presupposed that the lorde wyll be more louyng and kynde to hym than any other of his frendes wolde be Seyng that whan he cometh of full age he shall put his lyfe in ieopardy for his lorde the whiche byndeth the lorde by reason the rather to do for hym whan he is nat able to helpe hym selfe Where as his frendê may fortune cared nat for hym and hadde leuer another had the lande than he ¶ And yf an abbot or a priour or any other man or woman of relygion shulde do homage they shall say I become your man c. bycause they be all onely ê“fessed to god to be his men and women and to none other And therfore they shall knele and holde their handes as the other dyde and say thus I do to you homage and to you shall be faythfull and lowly for the landes and tenemeÌ„tes the whiche I holde of you sauyng the faythe that I owe to our souerayne lorde the kyng c. ¶ And yf a woman sole shulde do homage she shall nat saye I become your woman for it is nat conuenyent that a woman shulde become woman to any other man than to her husbaÌ„de whan she is maryed And therfore she shall saye as the relygious men and women dothe I do to you homage c. ¶ And if a woman couert with baron shall do homage they shall knele before the lorde bothe the lorde shall take bothe their handes bytwene his handes the husbande shall speke all the wordes as thus We to you do homage and faythe to you we shall beare for the landes that we holde of you sauyng the fayth that we owe to our souerayne lorde the kyng his heyres and to our other lordes they bothe shall kysse the lorde c. ¶ And in case a man shulde do homage to his lorde and the lorde graunt his homage and seruyce to a nother man Nowe shall the tenaunt do his homage seruyce to the grauntee after this maner I become your man fro this day forthe and to you shal be faithfull and lowly for the landes and tenementes that I helde of A. B. your grauntour in the townes of C. D. the whiche to you he hath graunted my homage and seruyce in the sayde townes sauynge the faythe that I owe to our soueraigne lorde the kyng and my other lordes c. ¶ And knowe you that one lorde may haue done to hym dyuers homages of dyuers tenauntes for one maner of lande But one tenauÌ„t shall do but ones homage for one maner of lande for thoughe the lorde dye his heyre or his assigne if he sell it or graunt it a way they do represent the lordes estate But and the tenaunt haue done his homage to his lorde and after the maner wherof the tenauÌ„t holdeth his landes is recouered agaynst the lorde Nowe shall the tenaÌ„t do his homage agayne to him that recouered the manere for he cometh nat in by the lorde but by force of the recouere the whiche proueth the first homage to be voyde for it was done to hym that had no ryght to take it c. ¶ Also ye shall knowe that a man maye distreyne his tenauntes catell for homage by course of the commen lawe and also for relefe And though a man haue payed his relefe yet he shall do homage and feaultie also ye shall vnderstande that no man shall do homage but he that hath a state of enherytaunce in fee symple or in fee tayle in his owne right or in his wyues for tenauntes for terme of lyfe tenauntes by the courtesye nor tenaunt in dower shall do no homage nor take no homage c. ¶ And if a man holde landes of the kyng in chiefe haue yssue thre or four doughters dye all the doughters shall do homage to the kynge and if the landes be holden of another lorde the eldest doughter shall do homage for all and also the seruyces and the other doughters shall be contrybutories and beare euery one of them their porcyon of the same ¶ And whan a fre man shall do feaultie to his lorde he shall ley his hande vpon the booke and shall saye thus Here you my lorde that I W.O.D.E. fro this day forthe to you shal be faythfull and lowly fayth to you shall beare
for the landes and tenemeÌ„tes that I clayme to holde of you and loyally shall do paye the rentes customes and seruyces that I ought to do at the termes assygned as god me helpe all sayntes and than kysse the boke ¶ Whan a villayne shall do feaultie to his lorde he shall ley his hande vpon the boke and say thus Here you my lorde R. that IW de C. fro thus day forthe to you shal be faythfull and lowly and to you shall do all the customes and seruyces that I ought to do to you for the landes that I holde of you in vyllenage and I shall be iustifyable of body and of goodes as god me helpe and his sayntes and than kysse c. ¶ Whan a villayne that holdeth no landes of the lorde shall do feaultie he shall ley his hande vpon the boke and saye thus Here you my lorde S. that IW.B. fro this day forthe to you shal be faythfull and lowly and I shal be iustifyable to you of body and of goodê as god me helpe and his sayntes kysse the boke c. ¶ What a surueyour shulde do Cap. xix NOwe this statute is breuely declared it wolde be vnderstande howe a lordshyp or a maner shu de be surueyed vewed butted and bounded on euery ê‘te that it maye be knowen for euer whose euery parcell therof was at the makyng of this boke it may serue as well to saue the inherytauÌ„ce of the lordes as of euery fre holder by charter copye holder customary holder and to knowe euery maÌ„nes lande as it lyeth to his house one froÌ„ another so that it may be knowen an huÌ„dred yeres after and for euer what maner of landes and howe many acres euery man had to his house at that tyme and where they lyeth The name of a surueyour is a frenche name and is as moche to say in Englysshe as an ouerseer Than it wolde be knowen howe a surueyour shulde ouerse 〈◊〉 â—uruey a towne or a lordshyppe as and the cytie of London shulde be surueyed The surueyour may nat stande at Hygate nor at Shotershyll nor yet at the Blackheth nor suche other places and ouer loke the cytie on euery syde For and he do he shall nat se the goodly stretes the fayre buyldinges nor the great substaunce of richesse conteyned in them for than he maye be called a disceyuer nat a surueyer in lyke wise if a man shall vieu a close or a pasture he maye nat loke ouer the hedge go his way but he must outher ryde or go ouer se euery parcell therof and to knowe howe many acres it coÌ„teyneth howe moche therof was medowe grounde howe moche pasture grouÌ„de howe moche wode grounde or busshe grouÌ„de heythe lyng or suche other what an acre of medowe grouÌ„de is worthe and what an acre of pasture and what an acre of the woode grounde or busshe suche other be worthe And what maner of catell it is best for and howe many catell it wyll grasse or fynde by the yere and what a beastes grasse is worthe by the yere in suche a pasture or els he can nat set a true value what it is worthe And therfore a Surueyour must be dilygeÌ„t and laborous and nat slouthfull and rechelesse for and he be he is nat worthy to haue his fee or wages and may fortune to make an vnperfite boke And if he so do it is to his shame rebuke and great ieopardy to his soule to make a false presydent Wherfore it is conuenyent to remembre the sayenge of the wyse philosofer Abhibe curam that is to saye take hede to thy charge so if he shulde vieu a cytie or a towne he must begyn at a certayne place as and it were at the drawe bridge of London bridge on the Eest syde and there to make his tytelynge where he begiÌ„neth and to shewe who is lorde of the house next vnto the sayd bridge and who is tenaunt And if he be a free holder what chefe rent it payeth to the lorde customes or other seruyces and if it be no free holde than the rent nedeth nat to be spoken of but at his plesure for it maye ryse and fall and howe many fote in brede and howe many en length Than to the secoÌ„de house on the same Eest syde in lyke maner and so to peruse from house to house tyll he come to saynt Magnus church And than retourne agayne to the sayd drawe bridge on the West syde and ther begynne at the house next to the sayd bridge and so to peruse fro house to house tyll he come to the corner next TeÌ„mes strete and than he may chose wheder he wyll folowe the southe syde of the sayd TeÌ„mes strete Westwarde and Eestwarde tyll he haue perused the hole parissh And if there be any maner of gardens entres or aleys or other dwellyng places withiÌ„forthe they may nat be ouerskipped forgoten nor laft out but taken by the way Howe moche euery garden is howe longe euery aley and entre is and how many dwellyng places be therin and whose they be and howe many cellars or tauernes there be and howe many footes euery one of them be in length and brede And so to go from parysshe to parysshe tyll he had viewed the cytie and euery strete and lane wolde be remembred what length brede they be of And also euery churche and churche yarde other voyde places the whiche wolde aske a great leysar but yet it is possyble to be done ¶ Howe a man shulde vieu but and bounde the maner and the towneshyppe Cap. xx ¶ The towne of Dale THe vieu of the maner of Dale taken the tenth day of May the .xiiii. yere of the raygne of kyng Henry the .viii. by AB generall Surueyour to the ryght honorable lorde C. D. lorde of the same by his coÌ„mauÌ„dement also by the othes of EF. GH many other tenaÌ„tes of the same as herafter ensueth ¶ The cytie of the maner of Dale standeth lyeth bytwene the kynges hyway leadyng from the towne of A. vnto the towne of B. on the southe parte the churche yarde of the same towne of Dale on the Eest syde and the coÌ„men felde of the same towne called the northe felde on the northe parte And the tenement or mese place of IohnÌ„ Coke on the West parte and conteyneth .xx. perches in brede .xxx. ê‘ches four fote in length euery perche .xvi. fote a halfe Whervpon is set the maner place sufficiently buylded with two crosse chaÌ„bres of stonne of bricke or tymbre withall maner of houses of offyce within forthe two barnes and an oxe house a hey house and a stable a garden an orcharde And if it be moted about expresse howe moche housyng standeth with in the mote and howe moche without and with what maner of coueryng the houses be couered The which maner with the demeanes landes medowes leyse pastures be
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
¶ Here begynneth a ryght frutefull mater and hath to name the boke of surueyeng and improumētes ¶ Hereafter foloweth the table of this present treatyse and the chapiters of an olde statute called Extenta manerii FIrst the prologue of the authour for the declaracyon of this present treatyse ¶ Of castelles and other buyldynges what the walles the tymbre the stonne the leed the sclate the tyle or other of couerynges is worthe by the yere aswell within the walles as without And also of gardeyns curtylages dofehouses and all other profytes be worthe by the yere Capitulo primo ¶ Howe many feldes are of the demayns and howe many acres are in euery Felde and what an acre is worthe by the yere Cap. secundo ¶ Howe many acres of medowe are of the demeyns and howe moche euery acre is worthe and to what maner of catell it is moost necessary vnto and howe many beestes it wyll fynde and what the pasture of a beest is worthe by the yere Cap. tertio ¶ Of forrayne pastures that be cōmen howe many and of what maner of catell the lorde may haue in the same and what the pasture of a beest is worthe by the yere c. Capitulo quarto ¶ Of parkes and demayne woodes the whiche the lorde maye assarte and to do his profyte and howe many acres they cōtayne and what the vesture of an acre is worthe what the grounde is worthe whan the vesture is fallen Cap. v. ¶ Of forren woodes where other men haue cōmen wheder the lorde maye improwe himselfe therof and of howe many acres and what the vestur of an acre is worthe and what the grounde is worthe whan the woode is fallen and howe many acres they cōtayne and what an acre is worthe by the yere Cap. vi ¶ Wheder the lorde maye gyue or sell the resydue of his forreyne woodes and what suche gyfte or sale is worthe c. Cap. vii ¶ Of panage and herbage of the towne and of all other profytes of pooles meyres and rynnynge waters of moores heythes and wastes what they be worthe by the yere Cap. viii ¶ Of mylnes seuerall fysshinges cōmen fysshinges what they be worthe by the yere Cap. ix ¶ Of free tenauntes the whiche dwell without as well as within c. Cap. x. ¶ Who be free tenauntes and what landes and tenementes what fees they holde and by what seruyce wheder by soccage or by knight seruyce or other maner and what rent of Assise they gyue by the yere who holdeth by chartoure and who by Auncyent demeyne and who by newe feoffement Cap. xi ¶ Of surrenders and dyuers maners of makynge of copyes c. Fo. xiiii ¶ The othes of all maner of officers gen̄ally fo xx ¶ Of dyuers maner of rentes c. Fo. xxi ¶ Of those free tenaūtes that sewe in the court of the countie and who seweth nat and howe moche falleth to the lorde after the decesse of suche tenaūtes cap. xii ¶ Howe many customary tenaūtes there be howe moche euery of them holdeth and what werkes and customes they do and what the werkes and the customes of euery tenaunt is worthe by the yere howe moche rent euery of them payeth ouer the customes and werkes c. Cap. xiii ¶ Of cotyers what Cotages and curtylages they holde and by what seruyce and howe moche rente they paye by the yere Cap. xiiii ¶ Of perquesytes or profytes of counties of courtes and of forestes what they be worthe Cap. xv ¶ Of churches that belong to the gyfte of the lorde howe many there be and where they be and what euery churche is worthe Cap. xvi ¶ What the herryottes be worthe the feyres exchetes customes seruyces and forreyne warkes The plees and perquesytes of the courtes fynes relefes and all other thynges that maye falle to the lorde by the yere Cap. xvii ¶ Explicit capitula statuti OF dyuers maners of takyng and doyng of homage and fealtie Cap. xviii ¶ What a surueyour shulde do Cap. xix ¶ Howe a manne shulde viewe butte and bounde the manere and the townshyppes Cap. xx ¶ Howe to but and bounde the feldes Cap. xxi ¶ Howe to but bounde the medowes Cap. xxii ¶ Howe to butte and bounde pastures Cap. xxiii ¶ Howe to amende errable lande Cap. xxiiii ¶ Howe a man shulde mēde his medowes ca. xxv ¶ Howe to amende and make better dyuers maner of pastures and first of lowe grounde lyke medowe grounde Cap. xxvi ¶ Howe to amende ley grounde that hath ben errable lande of late Cap. xxvii ¶ Howe to amende busshy groūde and mossye that hath ben errable of olde tyme. Cap. xxviii ¶ Howe to amende busshy grounde that was neuer errable lande Cap. xxix ¶ Howe to amende woode grounde that lyeth in seuerall pasture Cap. xxx ¶ Howe to amende gorsty grounde that hath ben errable lande Cap. xxxi ¶ Howe to amende gorsty grounde that was neuer errable lande Cap. xxxii ¶ Howe to amende brome grounde Cap. xxxiii ¶ Howe to amende heyth grounde Cap. xxxiiii ¶ Howe to amende marres grounde Cap. xxxv ¶ Howe to amēde bromy groūde ferny ca. xxxvi ¶ Of chylturne grounde flyntie grounde chalke grounde cap. xxxvii ¶ Of lyme stonne grounde Cap. xxxviii ¶ What profites may come or growe to the lorde by reason of his waters cap. xxxix ¶ Of dyuers maner of mylnes cap. xl ¶ Howe to make a towneshippe that is worthe .xx. marke a yere worthe twentie pounde cap. xli ¶ Finis ¶ Tho. Berthelet to the reders of this lytell boke REde this boke with the other of husbandry And ye shall fynde them very profytable Good behouefull and moche necessary To my mynde they be right commendable It is nat a iest a tale nor a fable It is suche mater ye may beleue me As noble clerkes wrote in olde antiquyte ¶ The worthy Caton that excellent romayne Columella Varro and Vergilius Of husbandrie to write had in no disdayne Nor many other eloquent and famous Thought it nat a thynge inglorious Suche mater to write wherby they might auaūce The cōmon welthe And theyr countre enhaunce ¶ But in our dayes some are blynded so withfolly That they count husbandrie but a thing right vyle Some had leauer write of loue ye of baudry Than to so good a mater tourne their style Fonde pleasure and pride do them so begyle That slouthe wandreth about in euery way And good busynesse is fallyng in decay ¶ yet neuerthelesse good labour to call agayne In welthy busynesse men to exercyse This worthy man nobly hath done his payne I meane hym that these sayde bokes dyd deuyse He sheweth to husbandes in right frutefulwyse The manyfolde good thynges in brefe sentence Whiche he hath well proued by long experyence ¶ And this I leaue hym in his good wyll mynde That he beareth vnto the publyke weale Wolde god noble men coude in their hertes fynde After suche forme for the cōmons helth to
man and to his heyres to holde of hym and of his heyres as before the makynge of the statute Quia emptores terrarum or sythe the makyng of the sayd statute to holde of the chefe lorde of the fee by the seruyce therof due of right accustomed reseruyng to hym certayne rentes herryottes or any other custome This is rent seruyce and herryot seruyce bycause it is expressed in his origynall dede Herryotte custome is wher a man hath a lordship wherin hath ben vsed tyme out of mynde that euery tenaunt that holdeth any mese place of the lorde shall gyue his best quycke good in the name of a herryotte to the lorde and he that hath no quicke good shall gyue his best deed good And in some place the tenaunt shall gyue for euery mese place that he holdeth a herryot thoughe the houses were lette downe an hundred yere before the whiche me semeth shulde be a great bribery and extorcyon as I sayd in the prologue of this treatyse And therfore it is wisdome for euery man to take his house by indenture or by copye wherin maye be expressed what rentes herryottes customes and seruyces the tenaunt shall paye and do for a lorde maye abridge and make lesse his custome by writyng but thoughe he make writyng and specifye what rent he shall paye he must saye further for all maner rentes herryottes customes seruyces And in some lordeshyppe euery man that dyeth within the same be he the lordes tenaunt or nat shall paye an herryotte In so moche that if a straunge man ryde or go by the way and dye within suche a lordshyppe he shall paye an herryot the whiche is playne extorcyon and agaynst the commen ryght For bytwene the lorde and hym that dyed ther was no maner of priuyte of bargayn or couynauÌ„t And in some lordshyppe the lorde shall take his herryotte before the person or the vycare his mortuarye in some places the churche before And that is as it hath ben accustomed and vsed tyme out of mynde But for the moost parte the lorde taketh before bicause the lorde maketh couynaunt with his tenaunt in his lyfe that he shall haue his best quycke good at his decesse and the mortuary is nat due tyll he be deed and the herryotte was couynaunted and graunted before in his lyfe and the firste bargayne must be obserued and kepte And also in some places it is parted bytwene the churche the lorde and that is where he that is deed hath no moore quycke good but one horse or one beest and thaÌ„ he that hath be vsed to chose first shall haue the better parte by one penny but of deed good eyther partie shall haue one But there shall nother of them take any deed good as longe as there is any quycke goodes and in many lordshyppes it is vsed that and the tenaunt leaue his house by his owne wyll without any discharge of the lorde the tenaunt shall pay his best quicke good to the lorde in the name of an herryot in some lordshippes it is acustomed that the tenant deê‘te fro the lordshyp by his owne wyll he shall make a fyne with the lorde for his deê‘tyng moost coÌ„menly it is ii.s and it is called a farefee or a farewell And suche a tenaunt that gothe at his owne wyll shall make all maner of reparacyons and that tenaunt that is dyscharged by the lorde or by his offycers shall make no reparacions except he be discharged for nat doyng reperacions c. ¶ Howe many customary tenantes there be howe moche landes euery of theÌ„ holdeth and what werkes and customes they do what the werkes and the customes of euery tenaunt is worthe by the yere and howe moche euery of theÌ„ payeth ouer the customes and werkes c. Cap. xiii ITem inquirend est de custumariis videlicet quot sunt custumarii et quant rerre qui libet custumarius teneat quas operatioÌ„es quas consuetudines facit et quantuÌ„ valent opera et consuetudines cuiuslibet custumarii per se per annum et quantum redditum de redditu assise per annum preter opera consuetudines et qui possunt talliari ad voluntatem dnÌ„i et qui non It is to be enquered of customarye tenauntes that is to wytte howe many there be howe moche lande euery tenaunt holdeth and what werkes and customes he dothe and what the werkes and customes be worthe of euery tenaunt by it selfe and howe moche rente by the yere aboue his werkes and customes he dothe paye and whiche of them maye taxe their landes at the wyll of the lorde and whiche nat Customary tenauntes are those that holde their landes of their lorde by copye of courte role after the custome of the maner And ther may be many tenauÌ„tes with in the same manere that haue no copyes and yet holde be lyke custome and seruyce at the wyll of the lorde and in myne opinyon it began soone after the conquest whan Wyllyam Conquerour had conquered this realme he rewarded all those that caÌ„e with hym in his voyage royall accordyng to their degre And to honourable men he gaue lordshippes maners laÌ„des and tenementes withall the inhabytauÌ„tes men and women dwellyng in the same to do with theÌ„ at their pleasure And those honourable men thought that they must nedes haue seruauntes and tenauÌ„tes and their landes occupyed with tyllage Wherfore they ê‘doned the inhabytauntes of their lyues and caused them to do all maner of seruyce that was to be done were it neuer so vyle and caused theÌ„ to occupye their landes and tenementes in tyllage and toke of them suche reÌ„tes customes and seruyces as it pleased theÌ„ to haue And also toke all their goodes catell at all tymes at their pleasure and called them their bonde men and sythe that tyme many noble men bothe spirytuall and temporall of their godly disposycion haue made to dyuers of the sayd bonde men manumissions and graunted them fredome and lybertie and set to them their landes and tenemeÌ„tes to occupy after dyuers maners of rentes customes and seruyces the whiche is vsed in dyuers places vnto this daye how be it in some places the bonde men contynue as yet the whiche me semeth is the grettest inconuenyeÌ„t that nowe is suffred by the lawe That is to haue any christen man bonden to another and to haue the rule of his body landes goodes that his wife chyldren and seruauntes haue laboured for all their lyfe tyme to be so taken lyke as and it were extorcion or bribery And many tymes by colour therof there be many fre men taken as bonde men and their landes and goodes taken fro them so that they shall nat be able to sue for remedy to proue them selfe fre of blode And that is moost commenly where the fre men haue the same name as the bonde men haue or that his auncesters of whome he is comen was manumised before his byrthe In suche
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
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