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
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
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
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
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
tyll the rigge be cast downe than take thy ploughe agayne and begyn to plowe wher thou dydest plowe firste and rygge all the remynaunt vpwarde and so shalt thou bothe cast thy landes and rigge it and all at one plowyng And this wyll make the lande to lye rouÌ„de the which is good bothe for corne grasse c. ¶ Another maner of meÌ„dyng of errable lande is to mucke it marle it lyme it or dong it with the carte or wayne and as I sayde in the boke of husbandrie to sette thy dong vpon the first sturryng whan it is rygged for that is best for many causes and if thou lay it vpon the falowyng than set thy mucke hepe in the reyne of the lande and than sprede it and all that falleth in the rygge cast it out agayne for elles it dothe but lytell good for it wyll be couered with erthe and syldome sene agayne c. ¶ Another maner of mendynge of errable lande is to sette thy shepe folde vpon it and to flytte it euery daye and it is better vpon the sturrynge than vpon the falowe and the shepe folde is better vpon the rye grounde than vpon the whete grounde c. ¶ Another maner whan a husbande hath moche errable lande and hath no donge nor shepe to compost nor donge his lande with all Than let the husbande take his plough and cast all suche landes thre or four tymes togyder and make the rigge there as the reyne was before And if the landes be to brode whan it is so cast downe than rygge eyther syde by it selfe and so make two landes of one lande or thre landes of .ii landes And so shall he fynde newe moolde that was nat sene in a huÌ„dred yeres before the whiche must nedes gyue more corne than the other dyde before c. ¶ Howe a man shulde amende his medowes Cap. xxv SE that there be no moldy warpes castige in the medowes and yf there be in Aprill lette them be spradd and beaten small And this is the best way to sprede them and make them small To take a great boughe of a tree and to plass he the bowes abrode and lay them lowe and if they lye nat brode ynoughe than take other smalle bowes and bynde them faste to the same and to ley a tree or two ouerthwarte the bowes to holde them downe flatte to the erthe and to bynde the trees or the bowes that it fall nat of And than to boore an hole with an nauger in the great boughes ende or els to tye a rope fast to all the boughes endes toguyder and to fast the teym to the same and with oxen or horses to drawe the sayde boughes bothe vp and downe and ouerthwarte the sayde moldy warpe hylles the whiche shall spredde them better than any mannes handes can do that shall refresshe the grasse and make the medowes moche better ¶ Another maner of mendynge of medowes is yf tâ—ere be any rynning water or lande flode that may be sette or brought to ronne ouer the medowes from the tyme that they be mowen vnto the begynning of May and they wyll be moche the better and it shall kylle drowne driue awaye the moldywarpes and fyll vp the lowe places with sande make the grouÌ„de euyn and good to mowe All maner of waters be good so that they stande nat styll vpon the grounde But specially that water that cometh out of a towne from euery maÌ„nes mydding or donghyll is best and wyll make the medowes moost rankest And fro the begynning of May tyll the medowes be mowen and the hay goten in the waters wolde be set by and ron another way for dyuers consideracyons c. ¶ To amende and make better dyuers maners of pastures IT is vndouted but there be dyuers maners of pastures as lowe grounde lyke medowe grounde ley grouÌ„de the whiche hath ben errable grouÌ„de of late busshie grounde the whiche somtyme hath ben errable grouÌ„de busshye grouÌ„de the whiche was neuer errable grounde gorstye grounde the whiche hath ben errable grounde gorstie grounde the whiche was neuer errable Brome grouÌ„de heyth grounde marrys grounde chalke grounde flyntie grouÌ„de chylturne grounde and lymestonne grounde ¶ To amende lowe grounde lyke medowe grounde ¶ ye shall do by it as I haue shewed you in the next chapiter before of your medowes and if any water stande styll and wyll nat voyde make a dyche two or thre as nede shall requyre and opyn the sydes of the dyche that the water maye come in to it Conuey the water away and with a ploughe make dyuers sorowes from the said dyche vp in to the pastur where the water standeth and with a Carte a wayne or a sleyde cary awaye therthe that the ploughe tourneth vp or els it wyll stoppe the water on the one syde if the ploughe forowe be to lytell thanne make dyuers small dychesse and open them on bothe sydes so that thou leaue no water standyng in the pastur no tyme of the yere And melche kye draught oxen laboring horses and mares be moost conuenyent to go togyder in suche pastures c. ¶ Howe to amende ley grounde the whiche hath ben errable lande of late Cap. xxvii YE must take hede howe the leyse lye and specially that they lye nat to hyghe for they do it is more profite to the husbande to caste it downe agayne sowe it with otes one yere two or thre and to ley it lower and rounde in good temper and se that no water stande at the landes endes buttyng on the heed laÌ„des and if it so do than with a ploughe cast a forowe towarde the heed landes and than the water wyll folowe that forowe and make the landes drie But that forowe wyll nat serue paste one or two yeres but it must be renewed And yf it waxe mossye in wynter than wolde it be plowed agayne and sowen with dyuers cornes as the grounde requyreth And at the first plowynge it wolde be plowed a square forowe as depe as it is brode and layde flatte sowen with otes that the mosse maye rote and than to lye falowe one yere than to be sowen with wheat rye or barlye as the husbande thynketh moost coÌ„uenyent And if it shulde lye falowe the first yere the mosse wyll nat rote and at wynter it wyll be weate and drowne all the wheat and rye that it toucheth And if a man haue plentie of suche pasture that wyll be mossye euery thirde yere let hym breke vp a newe pese of grounde and plowe it and sowe it as I haue said before and he shall haue plentie of corne with lytell dongynge sowe it no lengar than it wyll beare plentie of corne without dong and it wyll beare moche better grasse ten or .xii. yere after And if the leyse be to brode than make two laÌ„des of one lande as I haue said before And shepe are the moost conuenyent catell that may go on suche pasture and best
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