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
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
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
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
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 in a parke or woode may be two hundred acres and more and yet nat past a hundred acres therof woode lytell more or lytell lasse and what the vesture that is to say the woode of euery acre is worthe by hym selfe for one acre maye be worthe xx.s or xl.s and another acre dere ynoughe ii.s.vi.s or x.s and howe moche the whole grounde conteyneth whan the wode is fallen And that is to be vnderstaÌ„de all the grounde within pale or hedge aswell the lauÌ„de grouÌ„de as of the wode grounde where the woode growed and what euery acre is worthe by the yere as well of the one maner as of the other ¶ Of forren woodes where other men haue coÌ„men where the lorde may improwe himselfe therof and of howe many acres and what the vesture of an acre is worthe what the grouÌ„de is worthe whan the woode is fallen and howe many acres they coÌ„tayne and what an acre is worthe Cap. vi ITem inquirendum est de boscis forinsicis vbi alii coÌ„icant quid de eisdem boscis dominus se possit approiare et de quot acris et pro quanto vestura cuiuslibet acre coÌ„muniter possit appreciari et quantum fundus valet postquam prostratus fuerit boscus quot acre iste coÌ„tineant quantuÌ„ quelibet acra valet ê‘ annuÌ„ It is to be inquered of forren wodes wher they other coÌ„men togyder what of those wodes the lorde maye improwe him selfe of howe many acres for howe moche the vesture that is to say the wode of euery acre maye be solde howe moche the grounde is worthe after the woode be fallen downe howe many acres it conteyneth what euery acre is worth by the yere The declaracyon of this statute is doutfull bycause of the none certentie therof what is sufficyent commen for it is clerely ordayned by the statute of Moreton and after confyrmed by the statute of Westmynster seconde That the lorde shall improue hym selfe of their wastes wherby is vnderstaÌ„de of their coÌ„men more 's hethes and wa st groundes as well as of wodes Thoughe the statute speke but of woodes onely leauyng their tenauntes sufficient commen the whiche in myne opinyon be those tenauntes that haue coÌ„men appendaunt and holde their landes of hym It is necessarie to be knowen what is sufficient of commen and that me semeth by reason shulde be thus To se howe moche catell the hey and the stray that a husbande getteth vpon his owne tenement wyll fynde sufficyently in wynter if they lye in house and be kept therwith all the wynter season for so moche catell shulde he haue coÌ„men in Somer and that is suffycient ye shall vnderstande that there be foure maner of commens that is to wytte coÌ„men appendant commen appurtenaunt commen in grose and commen per cause vicynage s neyghbourshepe Commen appendaunt is where a lorde of olde tyme hath graunted to a man a meseplace and certayne landes medowes and pastures with their appurtenaunces to holde of hym To this meseplace landes and medowes belongeth commen and that is called coÌ„men appendaunt But and a man graunt to another certayne landes or pastures the whiche lye in seueraltie enclosed with the appurtenauÌ„ce in fee to holde of the chefe lordes To these landes me semeth beloÌ„geth no coÌ„men without he haue suche speciall wordes in his dede Commen appendauÌ„t is where a man hath had coÌ„men to a certayne nombre of beestes or without noÌ„bre belongyng to his meseplace in the lordes wastes this is commen appurtenaunte by prescripcyon bycause of the vse out of tyme of mynde Commen ingrose is where the lordes haue graunted by their dedes commen of pasture to a straunger that holdeth no landes of hym nor ought to haue any coÌ„men but by reason of that graunt by dede Nowe the lordes maye nat improue hym selfe of any parcell for it is contrarie to his graunt thoughe there be sufficyent of commen And in lyke case if the lorde graunt commen to a man by dede and to lymitte him a certayne nombre of beestes Se what was commen at that tyme and of that the lorde shall nat improue hym selfe for and he shulde the goodnesse of the coÌ„men to that certayne nombre shulde be abridged that they shulde nat fare so well and euery maÌ„nes dede shall be taken stroÌ„gest agaynst hym selfe And in lyke maner if the lorde graunt a man commen with his catell within certayne meyres lymittes boundes the lorde shall nat improue hym selfe within those meyres and bouÌ„des CoÌ„men per cause de vicynage is wher the wast grounde of two towneshippes lye toguyder and nother hedge nor pale bytwene to kepe their catell a sonder so that the catell of one towneshyppe gothe ouer his meyre or bounde in to the waste grounde of the other towne and lykewise the catell of the other townshyppe to them And also if their commen feldes lye toguyder vnclosed in opyn tyme whan haruest is in their catell wyll go out of the one felde in to the other felde and this is called commens bycause of neyghbourshyp and is nat vsed nor laufull to pynne their catell so goyng but in good maner to driue and chace besyde suche coÌ„men And as for that maner of commens me semeth the lorde may improwe him selfe of their wast groundes leauyng their owne tenauntes sufficyent coÌ„men hauyng no regarde to the tenauntes of the other towneshyp But as for all errable landes medowes leyse and pastures the lordes maye improwe them selfe by course of the coÌ„men lawe for the statute speketh nothynge but of wast groundes And ye shall vnderstande that howbe it that a lorde maye nat improwe him selfe of his wast groundes yet may he laufully fall and selle all the wode brome gorse fyrs braken ferne busshes thornes and suche other as fre stonne lyme stone chalke turues claye sande leed ore or tynne to his owne vse for the tenaÌ„tes may haue nothyng by reason of commen but all onely bytte of mouthe with their catell And ye shall knowe that swyne and Geese haue no commen but by suffraunce without speciall wordes in their charter Also the lorde shall haue his free warren for all maner beestes foules of warren in his wast groundes as well as in his seuerall groundes and as long as the beestes or foules of warren be vpon the lordes grounde they be the lordes yf he haue warren and the lorde maye haue an actyon of Trespace agaynst any man that chaceth or kylleth any of theym in his commen as well as in his seuerall And if they go or flye out of the lordes warren than is the proê‘tie chaÌ„ged and the lorde hath lost his actyon for takynge of them whan they be oute of his warren without they come in to his warren agayne there is no man hath warren but by speciall graunt of the kynge by charter except it haue ben vsed tyme out of mynde and alowed before iustyce in heyre And as for the articles
mylnes cutlersmylnes smethymylnes all suche other as the whele gothe by drifte of water to blowe the bales or to dray any water lyke a pompe as there be in Cornwall and dyuers other places Though they be no mylnes properly to grynde corne yet it is a ê“fyte to be lorde the whiche a surueyour may nat forget to put in his boke and to but and bounde them as they lye and who be the fermours and what rentes they pay And to the cornemilnes to the moost parte of theÌ„ belongeth Socone that is to saye custome of the tenauntes to grynde their corne at the lordes mylne that is as me semeth all such corne as groweth vpon the lordes grounde that he speÌ„deth in his house But and he bye his corne in the market or other places he is than at lybertie to grynde wher he may be best serued that maner of grynding is called loue Socone and the lordes tenauntes be called bonde socon And if they grynde nat their corne at the lordes mylne the lorde maye a merce theÌ„ in his court or els he may sue them at the commen lawe De secta molendim facienda But whan he shall make his declaracyon in the debet and whan in the solet I remytte that to men of lawe that haue experience therof It is also to be knowen howe the tole shulde be taken but there be so many dyuers grauÌ„tes made by the lord some men to be grouÌ„den to the twentie parte and some to the .xxiiii. parte tenauÌ„t at wyll to the .xvi. parte and bondmen to the .xii. parte some men to be tole free and some to be hopper fre that is to wytte that his corne shal be put into the hopper and grouÌ„de next to the corne that is in the hopper at the tyme of his comynge And in some place to take the tole after the strength of the water that foloweth by reason for that mylne that hath a bygge water and maye driue a great brode stonne the whiche wyll make moche more meyle than that mylne that gothe with a lytell stone he is moche better worthy to haue the more tole and yet shall the honer of the corne haue the more profyte And so there be so many dyuersities of takyng of tole that I wyll nat take vpon me to tell howe but also to remytte it to men of lawe to shewe the dyuersities But dout ye nat the mylners wyll be no losers of mylnes ther shall more be spoken of in the chapiter of waters among the improwmentes De piscariis seperalibus that is to be vnderstande in the lordes standyng waters as pooles and meyres and also rynninge waters that be seuerall as be very many in dyuers couÌ„treis sette to ferme from one place of the ryuer to another for certayne rent and if any man fysshe in the lordes pooles or meyres the lorde maye haue his accyon vpon the statute of Westmynster primÌ„ And yf he fysshe in the rynning and seuerall waters the lorde may haue his actyon at the coÌ„men lawe in lykewyse the lordes tenaunt if any man fysshe in his ferme holde be it standynge waters and rynninge waters And where he saythe de omnibus of commen fysshynges that is lytell profyte to the lorde but to his tenauÌ„tes except he dwell nighe the see and wyll cause his seruant to fysshe there for hym for that is the best coÌ„men water that any man can fisshe in And somerynning waters be coÌ„men as lytell brokes and sytches and in some rinnyng waters the lordes tenauÌ„tes haue lybertie by custoÌ„e to fysshe with shouenettê trodenettes small pytches and suche other ¶ Of fre tenauntes the whiche dwell without as well as within c. Cap. x. ITem inquirendum est de libere tenentibus quibusque forinsecis et extriÌ„scicis Also it is to be enquered of fre holders the whiche dwell without aswell as wtin By this letter it is to be vnderstanâ—e that a free holder maye dwell out of the precyncte of the lordes manere and yet holde his lande of the said manere â–ª For one manere maye stretche in to dyuers shyres as the honer of Tutebury Walyngeforde Pountfrette Tyckell and suche other And in that cause the lorde of the honer or manere may take a distresse for his rentes homages relifes customes and seruyces and to bringe the same dystresse out of that shyre where it was taken in to that shyre where the manere is of whom these sayd landes be holden And if the tenauÌ„t wyll sewe repleuy the sherife wher the catell is shall make and serue the repleuy and nat the sherife where the goodes or the catell was taken nor returne vpon his repleuy qd aueria elongata suÌ„t And the lorde may haue a fre holder that holdeth his lande of hym payeth hym chefe reÌ„tes and other seruyce and nat by the reason of any manere As thus a man purches a parcell of lande before the makyng of the statute quia emtores terrarum And gyue the same landes agayne to a stranger before the makyng of the sayd statute to holde of hym by certayne rent and seruyce This may be called a forren fre holder for it is no parcell of any manere and it is no maner it selfe â–ª For to euery manere belongeth two thynges that is to sayâ— parcell in demeyne parcell in seruice That is landes in demyne belongyng to the maner and seruyce customes or reÌ„tes this free holder I spake of before hath demeyne but he hath no seruice Also a man maye haue bothe rent and seruyce of a freholder and yet he holdeth nat his landes of him that he payeth his chefe rent vnto As and a man purches laÌ„des sythe the makyng of the sayd statute and gyue it to a strauÌ„ger reseruyng fealtie and certayne rent this free holder holdeth his landes of the chefe lorde next aboue and yet shall he paye his rentes and seruices reserued to him that gaue it to hym if the gyfte were in the tayle and no remaynder in fe euer nowe the reuercyon resteth styll in the donor I coude speke more of the gyftes remaynders but I remyt theÌ„ to men of lawe that be lerned for it is nat the mater that I entende to speke of How be it it is very necessarie for euery Surueyoure to haue insyght and experyence of the coÌ„men lawe or els at some season he shall disceyue his lorde or his tenant specially his owne soule for saynt Isodorus saythe Qd ignoraÌ„tia crassa vel affectata non excusat peccatuÌ„ That is to saye ignorance of connynge or of the facultie in hym that taketh vpon him as a mayster or techer of the science or coÌ„nyng excuseth nat a mannes offeÌ„ce for euery man that god gath sende wytte and reason vnto is bounden to knowe wheder he do well or yuell And therfore it is necessarie that euery man lerne and do his dilygence to knowe what he oughte to do or he take vpon hym any suche
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
all the feldes one after another c. ¶ Howe a man shulde butte and bounde the medowes Cap. xxii ¶ The long medowe belongyng to the townshyppe of Dale THe longe medowe lyeth vpon the northe syde of the northe felde bytwene the said felde and the broke that departeth the townshyp of Dale and the townshippe of Sale and the West endes butteth vpon the way that leadeth to A. and the Eest ende of the same medowe vpon a close of the sayd lordes called the parke close conteyneth C. xxii acres this medowe lyeth in dyuers shotes of length soÌ„tyme in two shotes of length somtyme in one somtyme in thre Than to begyn at the west syde next to the waye that gothe to A. on the ouer shot the lorde hath four acres IC two acres and a halfe the persone thre acres IB two acres and a halfe FG thre acres the prioure foure acres the lorde .viii. acres And on the nether shot next vnto the broke next to the sayd hiwaye FG two acres the priour foure acres GH halfe an acre WC two acres and a halfe RX sixe acres the lorde vii acres Than to the long dolez that butte fro the said northe felde to the said broke T S four acres the ê‘sone thre acres IC an acre and a halfe IB an acre and a halfe the lorde sixe acres PQ thre acres HL thre acres And at the nether ende of the sayde thre acres IK lorde of sale hath attached his weyre of his mylne of Sale for the whiche attachement the sayd IK payeth to the lorde of Dale and to his heyres euery yere ii.s at the feest of saynt Mighell tharchaÌ„gell for all maner of seruyce c. Than to the ouer shotte nexte the sayd felde GH an acre and a rodde WC thre roddes RX an halfe acre the lorde two acres the person halfe an acre PQ halfe an acre the priour two acres and a halfe IC two acres the lord four acres T S two acres nexte to the parke close Than to the myddell shotte next to the longe dolez FG an acre the person thre acres IB two acres the lorde four acres HL two acres the priour four acres next to the sayd parke close Than to the nethermast shotte next the broke on the syde next to the longe doles the ê‘son two acres RX thre acres the lorde four acres and a halfe GH diÌ„ acre the priour two acr WC two acres and a diÌ„ IC diÌ„ acre T S two acres IB two acres in the corner next to the said parke close and butteth vpon the sayd broke And if there be any mo medowes than but them and bouÌ„de them in lyke maner for the mo medowes there be and the fewer shottes the better they may be bouÌ„ded for medowes go moost coÌ„menly by acres halfe acres and roddes and they ought to be well staked bytwene euery mannes dole and specially well stoned with great stones bytwene set on a great heyght that they synke nat farre in to the erthe for the propertie of a stonne is to dyscende downewarde and the propertie of erthe to asceÌ„de vpwarde Therfore they wolde be taken hede vnto be tyme and amended whan nede is And this me semeth suffycient c. ¶ Howe a man shulde butte and bounde his pastures Cap. xxiii ¶ The pastures belongyng to the same towne THe lorde hath a close called parke close and it coÌ„teyneth .xxx. acres and it lyeth bytwene the sayd medowe called long medowe on the West parte and a close of the ê‘sons called Oxhey on the Est ê‘te and the said broke on the northe parte and a felde called Eest felde on the southe parte and it is worthe by the yere twentie shillynges c. ¶ The person hath a close next to the same called ox hey and it conteyneth .x. acres and lyeth bytwene the parke close on the West parte and a close of I.B. on the Eest syde and the sayd broke on the north est ê‘te and a felde called Eest felde on the West parte I do nat value it bycause it is nat the lordes the quantite of the acres therin is suffycient c. ¶ The sayd IB holdeth a lytell crofte frely belongyng to the tenement called rye croft and coÌ„teyneth two acres and lyeth bytwene the sayd persons close on the west syde and the lane that gothe towarde R. on the southe Est syde butteth vpon the hiway that cometh from S. to the sayde towne of Sale on the northe est syde and the sayd Est felde on the west ê‘te I set it at no value bicause he is a freholder and ronneth in the chefe rentes of his house but and it be gyuen to the freholder by another dede than must the surueyour expresse the chefe rent therof by it selfe And it is the moost speciall poynt to a surueyour first to a viewe butte and bounde bothe the towne and the hole lordeshyppe or euer he desyre to se or loke vpon any euydence of any freholders For this first done the Surueyour maye than parfitely knowe wheder the freholder shewe his euydence for all his lande or nat and let the surueyour haue good remembrauÌ„ce what parcelles of landes be conteyned in the sayd euydence And than may he well parceyue wheder he shewe for all or nat And if the dedes be shewed first the tenauÌ„t maye say there is for all his lande and the surueyour can nat controle hym nor saye nay c. ¶ FG holdeth a crofte of the lorde lyeng next on the othersyde of the sayd lane called Gose crofte and coÌ„teyneth two acres and a halfe and butteth vpon the sayd hiwaye on the northe est syde and the sayd Eest felde on the west parte c. And thus ye may paruse butte and bounde all the croftes closes and pastures about the towne and within the lordshippe whose so euer they be And to expresse euery hiwaye or crosse coÌ„men balke or marle pytte where they lye the whiche shall be a great redynesse many yeres hereafter And if there be any commen pastures where heerdmen kepe their catell or any commen wodes more 's heythes or suche other they maye nat be forgoten to be butted and bounded as they lye c. ¶ Howe a man shulde a mende errable lande Cap. xxiiii IT is conuenyent that a husbande kepe his errable lande lyenge rounde that it be nat to highe in the rygge nor to lowe in the myddes of the sides nor to hye a lytell fro the rayne for than wyll the water stande in the sydes of the landes drowne the corne though there be no corne yet it wereth the grounde maketh it lene for staÌ„dyng water distroyeth grasse and therfore it must nedes distroye corne the whiche is moche more tendrer than the grasse And if it so be than take thy ploughe and begyn to plowe a forowe in the myddes of the syde of the lande cast it downe as and thou shulde falowe it and so ê‘use bothe sydes
is growen nat all onely these profytes and aduauntages beforesayd but he shall saue moche more than all these for by reason of these closes he shall saue meate drinke wages of ashepeheerd the wages of the heerdman the wages of the swynheerd the whiche maye fortune to be as chargeable as all his hole rente and also his corne shall be better saued fro eatyng or distroyeng with catell For dout ye nat but heerdmen with their catell shepeheerdes with their shepe and tyeng of horses and mares distroyeth moche corne the whiche the hedges wolde saue Paraduenture some men wolde saye that this shulde be agaynst the cōmen weale bycause the shepheerdes heerdmen and swyneheerdes shulde than be putte out of wages To that it maye be answered thoughe those occupacyons be nat vsed there be as many newe occupacyons that were nat vsed before As gettyng of quyckesettes dyching hedgyng and plasshyng the whiche the same men may vse and occupy Also it maye fortune men wyll say that and all shulde be enclosed that ther wolde be many foule lanes as there be in Essexe but for that there may be a prouycion and that is thus Where the kynges hye way is if it be drie grounde stony groūde or sandy grounde in all suche places may be lanes made of a conuenyent brede for the kynges people to passe thorowe with all maner of cariage And where it is soft grounde lyeng leuell that the waters maye nat well passe by the dichesse at euery hedge that gothe ouerthwart the hywaye there to make a gate and stonne it or grauell it in that place And thā hath euery man the hole close to ryde cary or go in as they hadde before Lykewise as they do at the wynde gates a this syde Chorley in Lancashyre and lykewise bytwene towne towne and as to their owne drifte lanes to their closes let them make them for their owne ease as they wyll haue thē c. THe moost indyfferentest meane to make these approumētes as me semeth is this All the lordes of one towne be there neuer so many shulde be all of one assente that their tenauntes shulde exchaunge their landes one with another the sayd exchaunge to stande and endure for euer for doute them nat but they knowe it beste and euery tenaunt for his owne aduauntage wyll do it indifferently and the curate of the same parysshe for his parte and euery lordes bayly to be indyfferent to se these closes lotted and assigned to euery mannes ease so that euery man may haue one lytell crofte or close next to his owne house if it maye be thoughe he haue no lande of his owne This done lette euery lorde by his copy of court role or by indenture to make a suffycient lease to euery of their tenauntes to haue to hym and to his wyfe and to his chyldren so that it passe nat thre lyues than beyng a lyue and named yeldyng and payeng to their lordes and to their heyres the olde rentes and seruyces before due and accustomed duryng those thre lyues vpon this cōdycion That they shall do or cause to be done duryng their lyues sufficyently to quicke sette dyche hedge and plasshe whan nede is all the sayd closes so kepe thē duryng their lyues the whiche wyll be a great charge to the tenauntes But yet me semeth they may well do it if they entēde to thrife and specially do remembre the profytes that may cōe to them afterwarde There is an olde sayeng quod leuis est labor cum lucro that is to say That labour is light where winnyng foloweth and moche of this labour may be done by hym selfe his seruantes at a cōuenyent tyme so that he let nat his husbādrie It is to moche to be done in one yere two or thre but and they may do it in sixe or nyne yeres as the feldes go about they hye them well for it is to costely for husbandes to hyre it to be done And the lordes me semeth canne do no lasse than to graūt them these thre lyues of the olde rente remembring what profytes they may haue at the ende of their termes they knowe nat howe soone For vndouted on sette day cometh at last and thoughe the aduaūtage of the lordes come nat anone it wyll come at length And therfore saythe the philosopher Quod dffertur non aufertur that thyng that is dyfferred is nat taken awaye and in the meane tyme the lordes haue no maner of losse nor yet make no costes but at their pleasure ¶ Ibi finis ¶ The authour GO thou lytell queare with due reuerence And with an humble hert recōmende me To all those that of their beniuolence This lytell treatyse dothe rede here or se Wherwith I pray them contented to be And to amende it in places behouable Where as I haue fauted or be culpable ¶ For herde it is a man to attayne To make a thyng perfyte at the first syght But whan it is reed and well ouer seyne Fautes maye be founde that neuer came to lyght Thoughe the maker haue do his dilygence might Prayeng them to take it as I haue entended And to forgyue me if that I haue offended ¶ Finis ¶ Thus endeth this lytell treatyse named the boke of Surueyeng and of improumentes Imprinted at London in fletestrete by Rycharde Pynson printer to the kynges noble grace The yere of our lorde god M.D.xxiii the .xv. day of Iuly Cum priuilegio a rege indulto