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
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
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
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
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