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
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
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
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
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
et hered suis vnam peciam terre continentem circa tres acras terre siue plus siue minus habeatur quond TC in A. iacentem inter terram PQ ex ê‘te australi et terram RS. c. habend c. ad voluntateÌ„ domini secundum c. et postea venit quedam Alicia Bate coram prefato IF senescallo domini et pretendit habere titulum in predicta pecia terre et hic presens in cur remisit relaxauit et imê‘petuum quietum clamauit prefato AB et hered suis per licentiam domini totum ius suum et clamium que habet vel habuit vel in futur habere poterit in predicta pecia terre et in qualibet inde ê‘cella Ita vicêª ê™ ipsa Alicia nec hered sui nec aliquis alius nomine eorum aliqd ius vel clameum in predicta pecia terre de cetero exigere vel vendicare poterit sed ab omne actione iuris vel clamei sint exclusi ê‘ presentes et dat domino c. et fecit et cetera ¶ Another forme where the heyre is admytted to his lande after the dethe of his father ¶ Ad hanc cur tent c. compertum est ê™ IB obiit seisitus post vltimam curiam qui de domino tenuit sibi et hered fuis vnaÌ„ placeaÌ„ terr voc C. inde obiit seisitus et dicuÌ„t qd RB filius eius est proximus heres et plene etatis vel infra etatem vicêª .xii. annoruÌ„ et in custodia TW vel SB frater eius vel coÌ„sanguineus eius est proximus heres eiusdem IB et plene etatis et presens hic in cur petit admitti et admissus est inde tenens tenend sibi et hered suis de dnÌ„o ad voluntatem scdm consuet c. et dat c. fecit c. ¶ Another forme of landes tayled with a remayndre ouer ¶ Ad hanc cur compertum est qd RB de A. ad cur tent apud E tali die et anno c. surrum redd in manus domini vnuÌ„ tenementum et tres acras terre voc C ad opus RC filius eiusdem R et A vxor eius quibus dnÌ„s concessit seisinam Tenend sibi et hered de corporibus eorum legittime procreat Et si predictê° R et A vxor eius sine her de corporibus eorum legit time procreat obierint ê™ tunc predit terras et tenÌ„ta cum suis pertinÌ„ remaneant rect her ipsius RB Et modo curia ista informaretur per totum homagium qd predictus R et A. obierunt sine herede inter eos procreat et predictus RB silit et super hoc venit IB fratr et heres predict RB et petit admitti et admissus est tenens c. et per licentiam domini prefatus IB concessit predictum tenementum et terras que ei remaneant post mortem predictorum RB et RC et A. vxor eius Remaneret WC et hered suis cui dominus inde concessit seisinam tenend ad voluÌ„tatem domini secundum et cetera et dat c. et fecit c. ¶ Another maner for terme of lyfe with dyuers remaynders ouer ¶ Ad hanc cur venit RB et sursuÌ„ reddit in manibus dnÌ„i vnuÌ„ messuagium et octo acras terr customar voc A. vt dominus faciet inde voluntatem suam et dominus inde habetur seisinam Et ex gratia sua speciali reconcessit predictum messuagium et terr prefato RB et I vxori eius durante vita reorum ita qd post eorum decessuÌ„ dictum tenementum et terras remaneaÌ„t B vxor A durante vita sua et post decessum ipsius B. predict terras tenementa remaneant rectis hered ipsius R. B imperpetuum tenend eisdem RB et I vxori eius durante tota vita corum per virgam ad voluntatem domini secundum et cetera in forma predicta saluo iur cuiuslibet et cetera et predictus R. et I. dant domino de fine et cetera et fecerunt fidelitatem et cetera ¶ A surrendre out of the court and a remayndre with a coÌ„dycion ¶ Ad hanc cur compertum est qd RF languens in extremis sursum redd in manibus B. R. extra cur per manus IH in presentia A. C. et B. D. tenentes huius manerii hoc testante vnum messuagium cum pertinÌ„ c. ad opus A vxor predict R. F. tenend sibi per seruic inde debit secundum consuetudinem manerii pro termino vite sue ita ê™ post mortem dicte A predict mess remaneat I filio predict R. et A. ether de coê‘e suo legittiÌ„e procreat Et si coÌ„tingat I obier siue hered de corpore suo legittime procreat qd tunc predict messuagiuÌ„ remanere R. filio pÌ„dict R et A. hered de corpore suo legittime procreat Et si coÌ„tingat predict R. obiere c. qd tuÌ„c predictuÌ„ messuagiuÌ„ per executores vtrumque eorum diutius viuent vendantur et denerios inde recept et prouenient pro aiÌ„abus parent eorum et suorum in piis vsibus et operibus caritatiuis in missis celebraÌ„dis et elemosinis distribuendis pro vt melius eis viderint expedir pro aiÌ„abus antecessorum et predecessorum suorum quibus dnÌ„s inde concessit seisinam tenend in forma predict ad voluntatem dnÌ„i secunduÌ„ consuet manerii et dant dnÌ„o de fine c. et fecit fidelit Et nota ê™ si vnus eorum obiit heres eius sit infra etatem fidelitas respectuatur quousque ad etatem veniat ¶ A supplycacion to be exempt from all maner inquestes and iuryes within the lordshyppe ¶ Ad hanc cur venit RC. instant supplicando ê“ vt ipse per plurima tempora transacta supplicauit Et profert domino finem annualem nomine exeÌ„ptionis nis vt ipse ex sua gratia speciali et fauore ob causam senectutis infirmitatis et debilitatissue possit exono rare de cetero ab omnibus et singulis inquisitionibus iuramentis offic quorumcunque tam in hac villa quam alibi infra dominium domini sibi obiciend assignaÌ„d quapropter aspecta vero senectute vna cum infirmitate et debilitate sua sub fine aÌ„nuali nomine exemptionis inde prolate ac suggestione eius per tenentes et visus quam ipsum veracit congrua testificata in premissis Modo dnÌ„s concessit in ista curia per IF senescal suum prefato RC huiusmodi liceÌ„t fauorem et exemptionem ad terminum vite sue duratur et predict RC dat domino de annuali redd ê‘ soluendum annuatim .iiii. d. ad terminos vsuales ¶ Ad hanc cur venit IS et dat domino de fine pro secta cur respectuand per .i. annum vt patet ¶ Ad hanc curiaÌ„ venit IS natiuus
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